Government Contractor Q&A: Impact of Nationwide Injunction Prohibiting Enforcement of Federal Contractor Vaccine Mandate

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Scott ArnoldJustin A. Chiarodo, and Stephanie M. Harden

Stephanie Harden's Headshot Photo

Yesterday the U.S. District Court for the Southern District of Georgia issued a preliminary injunction against enforcement of Executive Order (“EO”) 14042, under which prime contractors and subcontractors are required to ensure that all of their employees working “on or in connection with” covered federal contracts are fully vaccinated against COVID-19 (“Vaccine Mandate”). The order was issued in a lawsuit filed by the States of Georgia, Alabama, Idaho, Kansas, South Carolina, Utah, and West Virginia; governors of several of those states; and various state agencies that challenged the Biden Administration’s authority to issue the Vaccine Mandate. In its decision, State of Georgia, et. al. v. Biden, No. 1:21-cv-163, the court agreed with the plaintiffs’ argument that the Administration improperly relied on the Federal Property and Administrative Services Act (“FPASA”) to issue the Vaccine Mandate, concluding that the FPASA’s authorization for the President to impose policies to promote economy and efficiency in procurement did not extend to polices focused primarily on public health.

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The Federal Contractor Vaccine Mandate: What You Need to Know

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WATCH WEBINAR RECORDING
DOWNLOAD THE WEBINAR MATERIALS


Brian S. Gocial, Stephanie M. Harden, and Frederick G. (“Gus”) Sandstrom

Stephanie Harden's Headshot Photo
Gus Sandstrom's headshot photo

Blank Rome LLP and the National Defense Industrial Association (“NDIA”) Delaware Valley Chapter are pleased to present this new live webinar on Monday, December 6, 2021, from 12:00 to 1:00 p.m. EST.

The rules and guidance around the federal contractor COVID-19 vaccine mandate are changing by the day. Please join Blank Rome’s Government Contracts and Labor & Employment attorneys for timely analysis of what federal contractors need to be prepared, including an in-depth discussion of:

  • Latest guidance: What do prime contractors need to know to comply? 
  • Which of my employees are covered by the mandate? 
  • Does the mandate apply to subcontractors? 
  • How do I deal with exemption requests? 
  • What should I do if my workforce is not fully vaccinated?

PRESENTERS

ABOUT NDIA

The National Defense Industrial Association drives strategic dialogue in national security by identifying key issues and leveraging the knowledge and experience of its military, government, industry, and academic members to address them. You can learn more about them on their website.

QUESTIONS? Please contact Alena Leon, Business Development Consultant.

New Government Guidance Sets January 4, 2022, as Uniform Vaccination Deadline

Justin A. Chiarodo, Stephanie M. Harden, and Samarth Barot

Stephanie Harden's Headshot Photo

Earlier today, November 4, 2021, the White House issued a fact sheet addressing its vaccination policies, including the government contractor mandate under EO 14042. Three key points stand out: (1) the compliance deadline for “full vaccination” status will be extended from December 8, 2021, to January 4, 2022; (2) the Occupational Safety and Health Administration (“OSHA”) vaccine rule for larger employers (which may permit weekly testing in lieu of vaccination) will not apply to workplaces covered by the federal contractor mandate; and (3) the Government continues to take the position that its mandates will preempt conflicting state or local laws. The full press release can be found at Fact Sheet: Biden Administration Announces Details of Two Major Vaccination Policies.

How does this new guidance impact government contractor compliance with EO 14042?

Most notably, the guidance extends the deadline for full vaccination status for covered contractors from December 8, 2021, to January 4, 2022. Covered contractor employees should receive their final vaccine dose by the new January 4, 2022, deadline.

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Government Provides New Compliance Flexibility under Contractor Vaccine Mandate

Justin A. Chiarodo and Stephanie M. Harden

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Stephanie Harden's Headshot Photo



Yesterday, November 1, 2021, the Safer Federal Workforce Task Force issued significant new guidance for contractors implementing vaccine mandates. The two key takeaways are: (1) contractors are not required to terminate unvaccinated employees immediately when the mandate goes into effect on December 8, and (2) federal agencies should not terminate contracts if a contractor is actively working toward compliance, even if the contractor faces challenges to achieving full compliance. The full updated FAQ is available on the Safer Federal Workforce Task Force website.

Are contractors still required to mandate vaccination by December 8?

Yes, covered contractors are still required to mandate that employees get vaccinated by December 8. However, rather than terminate noncompliant employees after the December 8 deadline, contractors should “determine the appropriate means of enforcement” for their employees.

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State Vaccine Mandate Bans: What Are Federal Contractors to Do?

Justin A. Chiarodo and Stephanie M. Harden

Stephanie Harden's Headshot Photo

Texas Governor Greg Abbott just raised the stakes in the inevitable tide of litigation about President Biden’s COVID-19 vaccine mandates by issuing an Executive Order banning vaccine mandates in Texas. We expect other states to follow suit. This raises important questions for federal contractors, who are working against the clock to ensure compliance with the new vaccine mandate applicable to most federal contracts by December 8, 2021 (see our most recent blog post about the details of the mandate, Government Contractor Vaccine Mandate FAQ: Status of Class Deviations and Accommodations Process).

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Breaking Down the COVID-19 Safety Guidance for Government Contractors and Subcontractors: What We Know, What We Don’t, and What’s Next

Justin A. Chiarodo and Albert B. Krachman


Answering some questions and raising others, the Safer Federal Workforce Task Force issued its highly anticipated COVID-19 Workplace Safety: Guidance for Federal Contractors and Subcontractors on Friday, September 24. The Guidance follows the president’s September 9, 2021, Executive Order (“EO”), which we summarized in FAQ: Government Contractor COVID Safeguards Executive Order.

In short: a broad vaccine mandate for employees of government contractors is coming. But the exact details on application, exemptions, and compliance remain unclear. New rules due by October 8, 2021, should better address those questions. Adding to this uncertainty, the Guidance encourages individual agencies to issue their own (potentially broader) guidance. That said, we can infer a lot from Friday’s guidance.

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FAQ: Government Contractor COVID Safeguards Executive Order

Justin A. Chiarodo, Brooke T. Iley, and Albert B. Krachman


“If you want to work with the federal government, do business with us? Get vaccinated” – President Biden, White House Remarks, September 9, 2021

We forecast in March (Will Federal Contractors Be Required to Certify Employee COVID Vaccinations?) possible COVID safety mandates for government contractors. They’ve arrived. President Biden issued a September 9, 2021, executive order (“EO”) that will implement sweeping COVID Safety protocols for government contractors, including potential vaccine mandates, to be established by the Safer Federal Workforce Task Force.

This FAQ breaks down the basics and includes our assessment of best practices pending forthcoming rulemaking.

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Blank Rome Webinar Now Available On Demand: Complying with Federal Contractor Vaccine Mandates: Best Practices

“If you want to do business with the federal government,
get your workers vaccinated.”

-President Biden, July 29, 2021 

Please join Blank Rome’s Albert B. Krachman, partner in our Government Contracts practice group, and Brooke T. Iley, partner and co-chair of our Labor & Employment practice group, as they provide timely and insightful analysis of President Biden’s vaccination mandate for federal contractors in the wake of the Delta variant, including in-depth discussion of:

  • COVID-19 vaccinations as an element of FAR Part 9—Contractor Qualifications
  • Scope of Mandate 
  • Contractor Vaccination Program Design 
  • Resolving Federal/State/Local Law Conflicts
  • Vaccinations and Federal Market Share—Trends to Watch

Tuesday, August 31, 2021 | 1:00—1:30 p.m. EDT
Online Event

WATCH WEBINAR RECORDING

To learn more, please read Will Federal Contractors Be Required to Certify Employee COVID Vaccinations? (Government Contracts Navigator, March 10, 2021).

Department of Veterans Affairs Releases Contractor Vaccination Guidelines

Merle M. DeLancey Jr.

At the end of July 2021, the Biden administration announced that, in addition to federal government employees, onsite federal contractor employees will be required to attest to their COVID-19 vaccination status. Visitors to federal buildings or federally controlled indoor workspaces and other individuals interacting with the federal workforce also will be required to submit a signed Certification of Vaccination form.

Any onsite contractor employee or visitor who declines to respond or responds that they are not fully vaccinated must (i) wear a mask regardless of the level of community transmission; (ii) physically distance; and (iii) provide proof of having received a negative COVID-19 test from within the previous three days if not enrolled in the applicable agency’s testing program. Federal agencies are required to establish a weekly or twice-weekly testing program for individuals not fully vaccinated. In addition, all onsite contractor employees and visitors, even those fully vaccinated, will be required to wear a mask in areas of high or substantial transmission.

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Government Contractor Best Practices in Light of Afghanistan Withdrawal (Part 2)

Merle M. DeLancey Jr. and Craig Stetson*

Our Part 1 post addressed contract administration related to changes to or a termination of a contract arising from the government’s withdrawal from Afghanistan. This post focuses on the cost management, documentation, and government audit aspects that contractors should be focused on to prepare for and mitigate downstream and currently unknown risks.

Requesting Payment/Compensation

Responding to a change or termination will likely involve submitting a request for payment or compensation. The label placed on a contractor’s request for payment depends on whether its contract has been terminated or has experienced a “change.” The type of request for payment also can vary depending on the type of contract involved (i.e., cost reimbursement, fixed price, or labor hour).

Continue reading “Government Contractor Best Practices in Light of Afghanistan Withdrawal (Part 2)”
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