Executive Order No. 271, COVID-19 vaccination and testing requirements for covered contractors

Location:	New Jersey
Posted:	Jun 25, 2026
Due:
Agency:	State Government of New Jersey
Type of Government:	State & Local
Category:	H - Quality Control, Testing, and Inspection Services
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EXECUTIVE ORDER NO. 271

WHEREAS, on March 9, 2020, I issued Executive Order No. 103,

declaring the existence of a Public Health Emergency, pursuant to

the Emergency Health Powers Act (“EHPA”), N.J.S.A. 26:13-1 et seq.,

and a State of Emergency, pursuant to the New Jersey Civilian

Defense and Disaster Control Act (“Disaster Control Act”),

N.J.S.A. App A:9-33 et seq., in the State of New Jersey for

Coronavirus disease 2019 (“COVID-19”); and

WHEREAS, through Executive Order Nos. 119, 138, 151, 162,

171, 180, 186, 191, 200, 210, 215, 222, 231, 235, and 240, issued

on April 7, 2020, May 6, 2020, June 4, 2020, July 2, 2020, August

1, 2020, August 27, 2020, September 25, 2020, October 24, 2020,

November 22, 2020, December 21, 2020, January 19, 2021, February

17, 2021, March 17, 2021, April 15, 2021, and May 14, 2021,

respectively, the facts and circumstances of which are adopted by

reference herein, I declared that the COVID-19 Public Health

Emergency continued to exist and declared that all Executive Orders

and Administrative Orders adopted in whole or in part in response

to the COVID-19 Public Health Emergency remained in full force and

effect; and

WHEREAS, in accordance with N.J.S.A. App. A:9-34 and -51, I

reserve the right to utilize and employ all available resources of

State government to protect against the emergency created by

COVID-19; and

WHEREAS, as COVID-19 continued to spread across New Jersey,

I have issued a series of Executive Orders pursuant to my authority

under the EHPA and the Disaster Control Act, to protect the public

health, safety, and welfare against the emergency created by

COVID-19, including Executive Order Nos. 104-133, Nos. 135-138,

Nos. 140-166, Nos. 168-173, No. 175, Nos. 177-181, No. 183,

Nos. 186-187, Nos. 189- 198, No. 200, Nos. 203-204, No. 207, and

Nos. 210-211 (2020) and Nos. 214-216, Nos. 219-220, Nos. 222-223,

No. 225, Nos. 228-235, Nos. 237-244, No. 246, No. 249, Nos. 251-

253, Nos. 263-264, and Nos. 266-267 (2021), the facts and

circumstances of which are all adopted by reference herein; and

WHEREAS, on June 4, 2021, I signed Assembly Bill No. 5820

into law as P.L.2021, c.103 and issued Executive Order No. 244,

which terminated the Public Health Emergency declared in Executive

Order No. 103 (2020) but maintained the State of Emergency declared

in that same Order; and

WHEREAS, P.L.2021, c.103 provided that following the

termination of the Public Health Emergency declared in Executive

Order No. 103 (2020), the Governor, Department of Health (“DOH”)

Commissioner (the “Commissioner”), and the head of any other State

agency may continue to issue orders related to implementation of

recommendations of the Centers for Disease Control and Prevention

(“CDC”) to prevent or limit the transmission of COVID-19 and

related to vaccine distribution, administration, and management,

COVID-19 testing, and data collection; and

WHEREAS, parties that contract with the State government

provide essential services to the public and interact with the

public on a regular basis, and because of the nature of their work,

a significant portion of their workers are not able to work

remotely; and

WHEREAS, ensuring the safety of the government workforce

during this overall escalation in COVID-19 cases,

hospitalizations, and deaths resulting from the B.1.617.2

(“Delta”) variant is essential for continued operation and service

to the public, and it is fitting and proper to require additional

protections to the State workforce and public by requiring

contractors to provide their vaccination or testing status as a

condition of entry onto State property and into State facilities,

including property and facilities leased by a contractor; and

WHEREAS, the CDC has reported that new variants of COVID-19

have been identified in the United States, and that certain

variants, particularly the Delta variant, are more transmissible

than previous strains; and

WHEREAS, the State has experienced significant overall

upticks in critical COVID-19 metrics since July of this year,

including COVID-19 positive cases, the rate of transmission, spot

positivity, and new hospitalizations, that warrant additional

precautions in certain settings, especially those with a

substantial number of unvaccinated individuals; and

WHEREAS, while over 5.7 million people in the State have been

fully vaccinated against COVID-19, additional steps are necessary

to ensure continued vaccinations of individuals in certain

settings of concern to protect against the spread of COVID-19; and

WHEREAS, on July 6, 2021, the U.S. Department of Justice’s

Office of Legal Counsel issued an opinion concluding that Section

564 of the Food, Drug, and Cosmetic Act, 21 U.S.C. § 360bbb-3 does

not prohibit public or private entities from imposing vaccination

requirements while vaccinations are only available pursuant to

Emergency Use Authorization (“EUA”); and

WHEREAS, ensuring that parties that contract with the State

government provide adequate COVID-19 safeguards to their workers

performing on or in connection with a State government contract

will decrease worker absence, reduce labor costs, and improve the

efficiency of contractors and subcontractors at sites where they

are performing work for the State; and

WHEREAS, the CDC has emphasized that COVID-19 vaccines are

effective, in that they can prevent individuals from getting and

spreading the virus, and can prevent severe illness in individuals

who do contract COVID-19; and

WHEREAS, this Order is related to vaccination management,

COVID-19 testing, data collection, and the implementation of CDC

recommendations, and is thus authorized under P.L.2021, c.103;

NOW, THEREFORE, I, PHILIP D. MURPHY, Governor of the State of

New Jersey, by virtue of the authority vested in me by the

Constitution and by the Statutes of this State, do hereby ORDER

and DIRECT:

1. Each executive department and agency, including an

independent authority, shall, to the extent permitted by law,

ensure that contracts or agreements entered into by the executive

department or agency include a clause that the contractor or any

subcontractors, at any tier, that is party to the contract

(“covered contractor(s)”) must maintain a policy that requires all

covered workers to either provide adequate proof to the covered

contractor that they have been fully vaccinated or submit to

COVID-19 testing at minimum one to two times weekly. This clause

shall also be required to be incorporated into lower-tier

subcontracts. Any covered worker subject to a policy maintained

pursuant to this paragraph that has not provided adequate proof

that the covered worker is fully vaccinated must submit to a

minimum of weekly or twice weekly testing on an ongoing basis until

fully vaccinated.

2. This Order shall apply to any new contract, new

solicitation for a contract, extension or renewal of an existing

contract, and exercise of an option on an existing contract, if it

is a contract for services, construction, including demolition,

remediation, removal of hazardous substances, alteration, custom

fabrication, repair work, or maintenance work, or a leasehold

interest in real property through which covered workers have access

to State property, and the cost or contract price thereof is to be

paid, in whole or in part, with or out of executive department or

agency funds. This Order shall not apply to financial assistance,

including but not limited to grants, bonds, loans, or tax credits;

contracts or subcontracts whose value is less than the State bid

advertising threshold under N.J.S.A. 52:34-7; employees who

perform work outside of the State; or contracts solely for the

provision of goods.

3. Covered workers may demonstrate proof of full

vaccination status by presenting the following documents to the

covered contractor if they list COVID-19 vaccines currently

authorized for EUA in the United States and/or the World Health

Organization (“WHO”), along with an administration date for each

dose:

a. The CDC COVID-19 Vaccination Card issued to the

vaccine recipient by the vaccination site, or an

electronic or physical copy of the same;

b. Official record from the New Jersey Immunization

Information System (NJIIS) or other State

immunization registry;

c. A record from a health care provider’s

portal/medical record system on official letterhead

signed by a licensed physician, nurse practitioner,

physician’s assistant, registered nurse or

pharmacist;

d. A military immunization or health record from the

United States Armed Forces; or

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Date	Title
10.25.2021	Executive Order No. 271, COVID-19 vaccination and testing requirements for covered contractors

Executive Order No. 271, COVID-19 vaccination and testing requirements for covered contractors

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