The General Services Administration (GSA) has notified property owners and operators that they must have all employees, contractors, subcontractors, and other personnel certify their COVID-19 vaccination status before entering any GSA-controlled facility. The agency's mandate predates President Biden's September 9, 2021 executive orders requiring the adoption of safety protocols in federal contracts and subcontracts and vaccination for federal employees (see Legal Update, Biden COVID-19 Action Plan Announces Vaccine Requirements, Including Development of OSHA Rule Requiring Employee Vaccination or Weekly Testing for Employers with 100 or More Employees).

The GSA owns and rents real estate at thousands of sites across the country as part of its mission of procuring and managing resources, including employee workspace, for the federal government. The agency often relies on leasing rather than acquisition when it is a more economically viable option. The GSA contracts with various commercial owners to lease properties ranging from individual units to entire buildings as needs dictate (see GSA: GSA Properties and Leasing Policy & Procedures).

The Safer Federal Workforce Task Force (Task Force) was created at the beginning of the Biden Administration to coordinate the federal administrative response to the COVID-19 pandemic. The Task Force issued updated guidance over the summer advising agencies to require all employees, onsite contractors, and visitors to disclose their COVID-19 vaccination status. It also released a vaccination certification form for this purpose.

The GSA recently began sending notices to the landlords of its leased premises that, beginning on August 25, 2021, all personnel must carry and present a completed vaccination certification to enter and use a GSA property. The order is understood to encompass all employees, contractors, and subcontractors, including maintenance and administrative staff, in any GSA-controlled facility and shared common spaces.

Another agency with large real estate operations, the US Department of Veterans Affairs (VA), took a more aggressive approach by announcing that all healthcare personnel in its facilities must be vaccinated unless they qualify for a medical or religious exemption. The VA defined healthcare personnel broadly in its directive to include not only doctors and nurses but also any clerical, security, maintenance, administrative, and other support staff subject to potential exposure to COVID-19 at a VA location. Although it was intended to start in early October, the directive may now be modified to comply with additional guidance from the Task Force under the September 9, 2021 executive orders.

Federal agencies' pandemic responses have varied in scope and complexity despite the Task Force's efforts. Full implementation of the recent executive orders should result in greater consistency in this regard. GSA landlords and owners of other federally controlled facilities must still remain vigilant as each agency modifies its approach to COVID-19. Counsel can assist by:

For a detailed discussion of the GSA leasing process, see Practice Note, GSA Leases: Overview.

For a continuously updated collection of real estate resources addressing COVID-19, see Practical Law's Real Estate Global Coronavirus Toolkit.