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Biden Administration Updates Contractor Vaccine Mandate Guidance in Response to Nationwide Preliminary Injunction

By Jeffrey E. Jakob & Casey J. McKinnon on December 20, 2021
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Covid-19 vaccination record card with vials and syringe.

Last week, the Biden administration updated its position regarding enforcement of the COVID-19 vaccine mandate for federal contractors in response to the nationwide preliminary injunction issued by a U.S. District Court judge in Georgia. In our previous post on this topic, we questioned whether the administration would still attempt to enforce the vaccine mandate for contracts that already include the clauses mandating vaccinations. Thankfully, the administration resolved much of that uncertainty in its updated position by confirming that it will generally not enforce the mandate. However, it stopped short of a blanket policy of non-enforcement.

According to the update, the administration will not enforce the mandate if the place of performance identified in a covered contract (e.g., a contract that includes the FAR or DFARS clauses mandating vaccinations) is in a location that is subject to a court order barring application of the mandate. It will enforce the mandate for all other covered contracts, though it exempts all employees who perform “substantial” work in connection with the contract in an area subject to a court order barring the mandate.

For now, the preliminary injunction bars the application of the mandate nationwide, so this new policy will operate as a blanket policy of non-enforcement on all contracts. That could change, however, should the nationwide injunction be pared down or eliminated entirely.

It is also important to note that this does not impact the requirements applicable to federal buildings and federally-controlled facilities. Thus, if a contractor’s employees are subject to vaccine requirements specifically because they are physically present in a federal building or facility, those requirements will still be enforced.

Feel free to contact one of our government contracts attorneys with any questions about the vaccine mandate.

Photo of Jeffrey E. Jakob Jeffrey E. Jakob

Jeff assists clients in a wide range of government contracting matters, including contracts, bid protests, and small business procurement issues. He also represents government contractors in all stages of litigation, including litigating claims under the Contract Disputes Act (CDA).t construction litigation experience and…

Jeff assists clients in a wide range of government contracting matters, including contracts, bid protests, and small business procurement issues. He also represents government contractors in all stages of litigation, including litigating claims under the Contract Disputes Act (CDA).t construction litigation experience and counsels owners, developers, general contractors, subcontractors, and suppliers in construction-related disputes. He has handled all types of dispute resolution, including litigation in state and federal courts as well as arbitration and mediation.

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Photo of Casey J. McKinnon Casey J. McKinnon

Casey advises contractors on a broad range of federal contracting issues, including the filing of bid protests, interpretation of solicitation and contract provisions, resolution of disputes, and the preparation of contract claims and the litigation of appeals. He also counsels clients on complex…

Casey advises contractors on a broad range of federal contracting issues, including the filing of bid protests, interpretation of solicitation and contract provisions, resolution of disputes, and the preparation of contract claims and the litigation of appeals. He also counsels clients on complex questions concerning the intricacies of the Federal Acquisition Regulation (FAR), domestic preference requirements such as the Buy American Act and Trade Agreements Act, and day-to-day issues that arise from contract performance.

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  • Posted in:
    Government and Public Policy
  • Blog:
    Federal Construction Contracting Blog
  • Organization:
    Cohen Seglias Pallas Greenhall & Furman
  • Article: View Original Source

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