7 FEBRUARY 2023 UPDATED GUIDANCE

Reference: Consolidated Department of Defense Coronavirus Disease 2019 Force Health Protection Guidance - Revision 4

The purpose of this notification is to direct your attention to the referenced memorandum.

DIA will no longer require contractors to disclose vaccination status, carry a DD 31650, or provide weekly COVID-19 test results.

DIA will not enforce the clause 252.223-7999, Ensuring Adequate COVID-19 Safety Protocols for Federal Contractors (Deviation 2021-O00009) in any existing contract nor will the clause be included in any future contracts.

2 MARCH 2022 UPDATED GUIDANCE

Effective immediately DIA unvaccinated contractors and those declining to attest working in areas with Low COVID-19 Community Levels, as defined by the CDC (see https://www.cdc.gov/coronavirus/2019-ncov/your-health/covid-by-county.html), are exempt from the weekly testing program required by the Safer Federal Workforce Task Force.

For contractors working in Medium to High COVID-19 Community Levels testing will still be required to access DIA facilities until transmission levels are moved to Low. To facilitate this decision DIA is using the CDC COVID-19 Community Level by County’s website. To find out what areas are considered Low, Medium, or High visit COVID-19 by County | CDC.

• As of today (2 March 2022), DIA-managed facilities in the high community level are:
  • Missile and Space Intelligence Center.
  • Rivanna Station.
• As of today (2 March 2022), there are no DIA-managed facilities in the medium community level.
• As of today (2 March 2022), DIA-managed facilities in the low community level are:
  • DIA Headquarters.
  • DIA Logistics Operations Center.
  • Maryland Square.
  • Reston.
  • Intelligence Community Campus-Bethesda.
  • National Center for Medical Intelligence.
  • Quantico.

For more information please contact VA_Contracting_Activity_Actions@dodiis.mil.

UPDATED COVID-19 SCREENING TESTING REQUIREMENT GUIDANCE FOR CONTRACTOR PERSONNEL AND NOTICE REGARDING EO 14042

This announcement provides updated COVID-19 screening testing requirement guidance for all contractor personnel who work within DIA spaces and serves as notice that DIA will not enforce the implementation of Executive Order 14042 at this time.

Contractor Personnel within DIA Spaces:

In accordance with Force Health Protection Guidance {Supplement 23) Revision 3, dated 20 December 2021, all contractor personnel must carry a completed DD Form 3150 "COVID Certification of Vaccination" on their person at all times while in DIA facilities. The form is available at https://www.esd.whs.mil/Portals/54/DD/forms/dd/dd3150.pdf as well as other sites and can be easily found on the internet. Contractor personnel must attest to being fully vaccinated or, if not fully vaccinated, present the results of a negative COVID-19 test from a test performed within the previous 6 days. Contractor personnel subject to the COVID-19 screening testing requirement must use a test with Instructions for Use and FDA approval, 501(k) premarket clearance or have an FDA Emergency Use Authorization. The test must be any viral test approved by the FDA to detect current infection. As of the date of this issuance, there are two types of viral tests currently approved by the FDA: antigen tests and nucleic acid application tests. Reverse transcriptase polymerase chain reaction (RT-PCR) tests (saliva or nasopharyngeal} are a type of nucleic acid application test and are currently approved. Antibody testing will not be accepted by DIA.

The term "not fully vaccinated" means that the contractor employee is:

• Not vaccinated,
• Not vaccinated, and pending exemption for religious or medical accommodation with their company (employer),
• Not fully vaccinated, or
• Provided no response to COVID-19 vaccination attestation to their company (employer).

Contractor personnel who refuse to complete DD Form 3150 or are not fully vaccinated and who refuse to provide the negative results of the required screening testing will be denied entrance to DIA facilities.

Upon request by an authorized DoD official, contractor personnel will be required to show a completed DD Form 3150 and, if applicable, a negative COVID-19 test result as previously described. For purposes of this Contractor Attestation requirement, all DIA Contracting Officers (CO) and Contracting Officer Representatives {COR) are considered authorized DoD officials. Additionally, if neither the cognizant CO nor the COR work in the same DIA facility as the contractor personnel, the Government site lead is considered the authorized DoD official and may ask to see this documentation. The Government will not collect or store copies of DD 3150 forms or negative test results from contractor personnel.

Contractor personnel who require COVID-19 testing must work with their employer to determine how tests will be administered. Contractor personnel are not included in the Agencys civilian test program at this time. The prime contractor may submit reasonable costs for COVID-19 testing of contractor personnel who work within DIA facilities as a Request for Equitable Adjustment or as a charge on the contracts Other Direct Cost Contract Line Item.

Contractor personnel are considered fully vaccinated 2 weeks after completing the second dose of a two-dose COVID-19 vaccine or 2 weeks after receiving a single dose of a one-dose COVID-19 vaccine.

Contractor personnel who have recovered from a recent COVID infection and who remain asymptomatic are exempted from regular screening testing for 90 days following their documented date of recovery.

Documented proof of this recovery shall be managed by the employer. In this case, contractor personnel will be required to present documentation for exemption from testing for the specific time period in lieu of a negative COVID-19 test result.

To ensure an accurate understanding of the vaccination status of contractor personnel within DIA facilities, each company must submit the names of their employees who have completed the DD Form 3150 AND have not been vaccinated, are not yet fully vaccinated, or decline to respond, to VA_Contracting_Activity_Actions@dodiis.mil. The submission, via encrypted email to VA_Contracting_Activity_Actions@dodiis.mil, should include contract number, contractor name (and subcontractor name if applicable), employee name, government facility location, frequency of required access and two Points of Contact who may be contacted for questions. If you require a DoD SAFE link to provide the information, please request the link from VA_Contracting_Activity_Actions@dodiis.mil.

Please provide all requested information in the format provided in the attached template. This information must be submitted NLT 28 January 2022. All information will be protected in accordance with the Privacy Act Statement included on the DD Form 3150.

If the company does not have any employees that are not fully vaccinated, then an email stating this fact for the contract must be submitted NLT 28 January 2022. Companies may include more than one contract number in this email. Send the email to VA_Contracting_Activity_Actions@dodiis.mil.

All information received will be forwarded to the appropriate COR. The COR will reach out to the Company POCs to coordinate the submission of the weekly spreadsheet detailing the negative test results for the contractor employees.

Contractors must submit the updated spreadsheet detailing the negative test results of their employees that are not fully vaccinated by Wednesday at 1700 EST of every week to their COR via email. This weekly reporting of required testing will begin on 9 February 2022 and continue each week until notified otherwise or all contractor employees are fully vaccinated. All information will be protected in accordance with the Privacy Act Statement included on the DD Form 3150. Do not submit copies of the actual test result.

Each company will submit one report per contract number to their COR with the weekly test results for their employees that are not fully vaccinated. The reports must come from one of the POCs and are due on Wednesday at 1700 EST every week beginning on 9 February 2022. If you require a DoD SAFE link to provide the information, please request the link from the COR.

Failure to provide the proof of negative COVID test results will begin the process to disable badges the next working day.

If a company refuses or misses the deadline to provide the proof of negative COVID tests, then the employees that are not fully vaccinated will be denied access to the building until the proof of negative COVID tests is provided and DIA Security has authorized access once again.

A contractor employees failure to comply with testing requirements may result in that individual being denied entry to a government facility. Such circumstances does not relieve the contractor from meeting all contractual requirements, and the Government may exercise all remedies allowable under the affected contracts, including (but not limited to) termination.

The costs of testing of contractor personnel that are not covered by the contractor employees personal health insurance may be billed through an existing Other Direct Costs (ODC) line on the contract with the approval of the Contracting Officer, or may be requested through the Request for Equitable Adjustment process.

Contractors shall submit separate invoices for all charges related to COVID testing. To enhance traceability and future audit inquiries, each invoice shall include the following elements:

i. Segregated COVID testing invoice

ii. Unique charge code/identifier: COVID TEST.

iii. Detailed cost breakdown of all charges.

iv. Supporting cost documentation

Executive Order 14042:

As directed by the Office of Management and Budget {0MB) on 9 December 2021, DIA will take no action to enforce the clause implementing requirements of Executive Order 14042, absent further written notice from the Agency, where the place of performance identified in the contract is in a U.S. state or outlying area subject to a court order prohibiting the application of requirements pursuant to the Executive Order (hereinafter, "Excluded State or Outlying Area"). In all other circumstances, the DIA will enforce the clause, except for contractor employees who perform substantial work on or in conjunction with a covered contract in an Excluded State or Outlying Area, or in a covered contractor workplace location in an Excluded State or Outlying Area. A current list of such Excluded States or Outlying Areas is maintained at https://saferfederalworkforce.gov/contractors/.

(U) Thank you for your continued assistance and cooperation as we work to ensure the safety of all DIA personnel. Questions should be submitted to VA_Contracting_Activity_Actions@dodiis.mil.

Attachments/Links

Download All Attachments/Links