Airport Alert: AAAE Outlines Airport Questions and Concerns Regarding Federal Contractor Vaccination Requirements
October 28, 2021
AAAE directed a letter to the Federal Aviation Administration (FAA), copying the General Services Administration (GSA) and Transportation Security Administration (TSA), outlining a series of questions and concerns that have been raised by our airport members regarding the application of Executive Order 14042, often referred to as the federal contractor vaccination mandate, to public-use airports.
Over the past few weeks many airports have begun to receive letters and proposed contractual modifications from GSA that would require airports to institute vaccination requirements for their staff and subcontractors. Unfortunately, airports have been provided minimal guidance on the applicability of these new requirements in the airport environment, leading to significant confusion in the industry. AAAE has compiled those questions and issues and is raising them across the federal government, including with FAA, GSA, and TSA.
FAA Office of Airports has already taken steps to coordinate across the federal government, including with GSA, to help provide airports with greater clarity and direction on the applicability of the order to the airport industry. AAAE is working closely with FAA and our federal partners to gain further guidance and clarity for airports on these critical issues.
You can read AAAE's letter here.
Background. As airports are aware, on September 9, President Biden issued an executive order directing his federal agencies to ensure that all covered contracts and contract-like instruments include a clause requiring contractors and subcontractors to comply with guidance from the Task Force, including "COVID-19 Workplace Safety: Guidance for Federal Contractors and Subcontractors," which was released on September 24, 2021 ("Guidance for Federal Contractors").
In mid-October, GSA began transmitting cover letters and proposed contractual modifications to many airports. The proposed GSA contractual modification would incorporate a new provision in contracts with airports that requires airports to comply with the Task Force's Guidance for Federal Contractors. This includes, among other things, ensuring that its "covered employees" (and those of some subcontractors) are vaccinated, except where an employee may be entitled to an accommodation.
Summary of AAAE Questions. AAAE has compiled questions from its members on the executive order; the Task Force's Guidance for Federal Contractors; the cover letters and contractual modifications that have been circulated to many airports by GSA; and related issues. Some of the areas that AAAE requested the federal government provide more clarity for airports include:
• The circumstances under which the GSA contractual modifications must be accepted by the airport;
• The timing of the effectiveness of any potential vaccination requirement;
• The scope of the vaccination requirement on the employees of airports and their subcontractors;
• How airports evaluate requests by employees for religious or disability accommodations;
• The consequences for an airport that fails to comply with the federal contractor vaccination requirement;
• How airports are expected to manage employees who do not comply with the vaccination mandate, including potential education or counseling options;
• How the federal government intends to audit and ensure compliance with the GSA contract modification and vaccination requirement;
• The ability for airports to comply with other federal obligations under 14 C.F.R. Part 139; and
• The applicability of the executive order and the Task Force's guidance on the FAA Contract Tower Program.
AAAE has been having ongoing discussions with FAA Office of Airports and our federal partners on this critical issue and will be working in the coming days and weeks to provide more clarity for the airport community.
Additional Resources
• Executive Order 14042, "Ensuring Adequate COVID Safety Protocols for Federal Contractors"
• Safer Federal Workforce Task Force's Website (Updated Regularly)
• Safer Federal Workforce Task Force's "COVID-19 Workplace Safety: Guidance for Federal Contractors and Subcontractors" (Issued Sep. 24, 2021)
• AAAE Brief on Federal Vaccine Mandates (Oct. 21, 2021)
• Kaplan Kirsch & Rockwell Presentation (Oct. 21, 2021)
