US Executive Branch Update February 28, 2023. Per GSA Internal FAQ #14, agencies are encouraged to use the standard FAR clause. and analytics partners. Judge James Graves' dissent noted this was the first executive order under the Procurement Act to be struck down. ALEJANDRO MARTNEZ-CABRERA , The Texas Tribune Nov. 16, 2021 Employers across the country were provided guidance on vaccine mandates by the United States Supreme Court ("SCOTUS") last week. (d) Nothing in this order shall excuse noncompliance with any applicable State law or municipal ordinance establishing more protective safety protocols than those established under this order or with any more protective Federal law, regulation, or agency instructions for contractor or subcontractor employees working at a Federal building or a federally controlled workplace. Though the decision is not official, Republicans have begun criticizing it . The following is a summary of the statuses of the adjudicated cases: The COVID-19 pandemic may have (finally) mostly ended, but that is probably not the end of the issue of whether the federal government can compel contractor employees to get vaccinated, based on the presidents authority under the Procurement Act, which prescribes policies and directives to promote an economical and efficient federal government contracting system. We do not allow you to opt-out of our certain cookies, as they are necessary to Sec. Challenges to the No Surprises Act Continue: The Latest includes a Navigating Permissive State Laws in Light of the Federal Information FDA Publishes List of 2023 Priority Guidance Topics. If you do not allow these cookies, you will experience less targeted advertising. The task force said in new guidance that people are considered fully vaccinated for COVID-19 two weeks after they have received the second dose in a two-dose series, or two weeks after they have received a single-dose vaccine. January 18 falls two weeks after January 4. default settings according to your preference. For more information about the First and Third Party Cookies used please follow this link. White House Reviewing Proposed Regulations on Reinstated Superfund You Dont Need a Machine to Predict What the FTC Might Do About Is It Compensable? For complete information about, and access to, our official publications Reuters, the news and media division of Thomson Reuters, is the worlds largest multimedia news provider, reaching billions of people worldwide every day. If you are using public inspection listings for legal research, you It is not an official legal edition of the Federal The vaccine mandate for federal contractors emerged as a topic in a rare, expedited Supreme Court proceeding on Friday that was convened to weigh objections to COVID-19 rules covering. After that date, all covered contractor employees must be fully vaccinated by the first day of the period of performance on a newly awarded covered contract, and by the first day of the period of performance on an exercised option or extended or renewed contract when the clause has been incorporated into the covered contract., Last week, the White House pushed the vaccine deadline for contractors from December 8 to January 4 to align with mandates issued by the Occupational Safety and Health Administration and the Centers for Medicare and Medicaid Services. in Cincinnati. The National Law Review - National Law Forum LLC 3 Grant Square #141 Hinsdale, IL 60521 Telephone (708) 357-3317 ortollfree(877)357-3317. Upcoming OSHA guidance gives companies with 100 or more employees the option of vaccination or weekly testing. 101 et seq., and section 301 of title 3, United States Code, and in order to promote economy and efficiency in procurement by contracting with sources that provide adequate COVID-19 safeguards for their workforce, it is hereby ordered as follows: Section 1. (b) By September 24, 2021, the Safer Federal Workforce Task Force (Task Force) shall, as part of its issuance of Task Force Guidance, provide definitions of relevant terms for contractors and subcontractors, explanations of protocols required of contractors and subcontractors to comply with workplace safety guidance, and any exceptions to Task Force Guidance that apply to contractor and subcontractor workplace locations and individuals in those locations working on or in connection with a Federal Government contract or contract-like instrument (as described in section 5(a) of this order). The industry leader for online information for tax, accounting and finance professionals. Please see the Safer Federal Workforce Task Force Guidance. may be used by those companies to build a profile of your interests and show you relevant adverts on other November 30, 2021 See here for a complete list of exchanges and delays. ; (iii) it is a contract or contract-like instrument for concessions, including any concessions contract excluded by Department of Labor regulations at 29 CFR 4.133(b); or. A panel of the 5th Circuit Court of Appeals voted 2-1 to uphold a lower court decision that blocked President Joe Biden's September 2021 contractor vaccine executive order in those states after Louisiana, Indiana, and Mississippi brought suit to seek invalidation of the mandate. 44. r/TheBlaze. documents in the last year, 1408 Counts are subject to sampling, reprocessing and revision (up or down) throughout the day. G.E., which updated its vaccination policy on Friday, employed about 56,000 U.S. employees at the end of 2020. Rights link. Access unmatched financial data, news and content in a highly-customised workflow experience on desktop, web and mobile. 102(4)(A) (agencies), shall, to the extent permitted by law, ensure that contracts and contract-like instruments (as described in section 5(a) of this order) include a clause that the contractor and any subcontractors (at any tier) shall incorporate into lower-tier subcontracts. Providing for Adequate COVID-19 Safety Protocols for Federal Contractors and Subcontractors. of the issuing agency. The new guidance also says there is sample signage that contractors and subcontractors can post in their workplaces about safety protocols for fully vaccinated and not fully vaccinated individuals. It has also spawned a new job recruitment company, called Jabless Jobs, to help the unvaccinated find work. In this changing environment, employees and contractors should keep in touch with managers . Confidentiality and Non-Disparagement Agreements with Non-Supervisory USCIS Confirms It Will Accept Employment-Based I-485 Applications New Jersey Enacts Bill of Rights for Temporary Workers, DOJ Implements Nationwide Voluntary Self-Disclosure Program. Sponsored: Reimagine Health and Human Services, called for the deadline for federal employees, Almost 150 Groups Call for Better Whistleblower Protections for Contractors, Grantees, Do Not Sell My For additional GSA Acquisition guidance regarding COVID-19, visit: An official website of the U.S. General Services Administration. FEDERAL CONTRACTOR MANDATE: September 9, 2021 President Biden issues an Executive Order mandating COVID-19 vaccination for employees of federal contractors and subcontractors. The President of the United States manages the operations of the Executive branch of Government through Executive orders. intended if you do so. Contracting Officers will send the cover letter with the modification request to contractors. Further, the clause is considered to be self-deleting for contracts, extensions, options or renewals performed in states with an injunction. documents in the last year, 121 Register (ACFR) issues a regulation granting it official legal status. (a) This order shall apply to any new contract; new contract-like instrument; new solicitation for a contract or contract-like instrument; extension or renewal of an existing contract or contract-like instrument; and exercise of an option on an existing contract or contract-like instrument, if: (i) it is a procurement contract or contract-like instrument for services, construction, or a leasehold interest in real property; (ii) it is a contract or contract-like instrument for services covered by the Service Contract Act, 41 U.S.C. The U.S. government has contracts with thousands of companies, and courts have said the issue could affect up to 20% of U.S. workers. More information and documentation can be found in our They are capable of Telephone and Texting Compliance News: Regulatory Update February 2023. documents in the last year, 662 Eleventh Circuit Significantly Narrows Scope of Federal Contractor Vaccine Mandate Injunction, Allowing Enforcement in Many States. There is no contractor cost for vaccination, and vaccination is widely available. When you visit our website, we store cookies on your browser to collect on EEOC Reminds Employers How to Handle Applicants and Employees With UK's PRA Sets Regulatory Priorities for International Banks, FDA Asked to Allow Healthy Claims on Coffee. A covered contractor should review and consider what, if any, accommodation it must offer. Almost 150 Groups Call for Better Whistleblower Protections for Contractors, Grantees. ", The Justice Department said in its earlier filing that "requiring entities that enter into federal contracts to have a vaccinated workforce enhances the efficiency of federal contractor operations.". A cookie is a small piece of data (text file) that a website when visited by a The National Law Review is not a law firm nor is www.NatLawReview.com intended to be a referral service for attorneys and/or other professionals. In order to ensure compliance with an applicable preliminary nationwide injunction, which may be supplemented, modified, or vacated, depending on the course of ongoing litigation, the Federal Government will take no action to implement or enforce Executive Order (E.O.) And while I won't get into the details of those defenses on this podcast, the important thing for employers to remember is that those defenses [00:08:00 . FAR Clause 52.223-99 is considered to be self-deleting for extensions, options or renewals, if work is either principally performed in Arizona, or where a party is headquartered or domiciled in Arizona. REUTERS/Jonathan Ernst. The Basics of Californias Outside Salesperson Exemption. Federal employees lawsuit. documents in the last year, 36 A covered contractor may be required to provide an accommodation to contractor employees who communicate to the covered contractor that they are not vaccinated for COVID-19, or that they cannot wear a mask, because of a disability (which would include medical conditions) or because of a sincerely held religious belief, practice, or observance. Per the Safer Federal Workforce Task Force Guidance for Federal Contractors and Subcontractors, acceptance is not mandatory but strongly encouraged for contracts whose value is equal or less than the SAT. This document has been published in the Federal Register. By Spencer Kimball, CNBC and Leslie Josephs, CNBC. Yes, MAS offerors are required to accept the solicitation refresh 8 in order to receive a MAS award. Federal Scientists Still Worry About Censorship, Shift Left: Achieving Secure Application Modernization with DevSecOps, Dr. Fauci Advises Young Scientists to Stay out of Politics, Two Years of COVID-19 Oversight: A Look Back, Stories of the Public Service Loan Forgiveness Program, I Am Against Retreat: The Louis DeJoy Ethos and the Future of the Postal Service, Nextgov eBook: The State of Cybersecurity. the official SGML-based PDF version on govinfo.gov, those relying on it for The three states alleged that the president overreached his . documents in the last year, by the International Trade Commission GSA COs may, at their discretion or per agency requirement, issue a modification to incorporate an agency specific deviation at the task order level. Error, The Per Diem API is not responding. Open for Comment, Economic Sanctions & Foreign Assets Control, Electric Program Coverage Ratios Clarification and Modifications, Determination of Regulatory Review Period for Purposes of Patent Extension; VYZULTA, General Principles and Food Standards Modernization, Further Advancing Racial Equity and Support for Underserved Communities Through the Federal Government, Ensuring Adequate COVID Safety Protocols for Federal Contractors, https://www.federalregister.gov/d/2021-19924, MODS: Government Publishing Office metadata, section 301 of title 3, United States Code. Update: The Safer Federal Workforce Task Force recently issued updated guidance for COVID-19 Safety Protocols for contractors. Providing for Adequate COVID-19 Safety Protocols for Federal Contractors and Subcontractors. Click on the different category headings to find out more and change our Reuters provides business, financial, national and international news to professionals via desktop terminals, the world's media organizations, industry events and directly to consumers. The OFR/GPO partnership is committed to presenting accurate and reliable The contractor is responsible for considering, and dispositioning, such requests for accommodations regardless of the covered contractor employee's place of performance. Ensuring a vaccinated workforce is a high national priority. 96. If the contract is for a service or is otherwise covered (e.g., ESPCs), and the contract is above the SAT, the clause is required for new contracts, as well as for options, renewals, or extensions of existing contracts. As part of President Biden's plan to address the pandemic and increase the uptake of COVID-19 vaccines, he decreed through an executive order that all federal contracts and subcontracts include a clause directing . GSA will not cancel the IDV/IDIQ. The Safer Federal Workforce Taskforce is maintaining a website with current information related to this subject at https://www.saferfederalworkforce.gov/contractors. Editing by Bill Berkrot, U.S. House panel approves bill giving Biden power to ban TikTok, EU silence over Pfizer COVID contract talks is problem that won't go away -watchdog. Performance will continue until the end of the current period. headings within the legal text of Federal Register documents. added to the site to enable you to share our content with your friends and networks. The order requires federal law enforcement agencies to: ban chokeholds; restrict no-knock warrants; mandate the use of body-worn cameras; implement stronger use of force policies, including with . The Director shall publish such determination in the Federal Register. Official websites use .gov Additionally, you may contact our legal COVID-19 vaccination of covered contractor employees, except in limited circumstances where an employee is legally entitled to an accommodation; Compliance by individuals, including covered contractor employees and visitors, with the guidance related to masking and physical distancing while in covered contractor workplaces; and, For questions please call the National Customer Service Center at. This website uses cookies to enhance user experience and to analyze performance and "When actions taken are in the mainstream of American businesses, that points towards permitting the executive order," he wrote. At this time, there is no indication that there will be an annual certification requirement. Sec. 301, determine whether such Guidance will promote economy and efficiency in Federal contracting if adhered to by Government contractors and subcontractors. The National Law Review is a free to use, no-log in database of legal and business articles. We have reported on this issue previously, but the order, issued on September 9, 2021, directed federal executive agencies to amend solicitations and contracts, in effect, to include a COVID-19. September 3, 2021. Sec. Performance Rule Requires Disclosure of Relationship Tech Takeaways: SCOTUS Weighs in on Pivotal Tech Cases. GSA notes that the court order only applies to the enforcement of the contract clause. Severability. Designation by covered contractors of a person or persons to coordinate COVID-19 workplace safety efforts at covered contractor workplaces. US Executive Branch Update February 27, 2023. Our Standards: The Thomson Reuters Trust Principles. Do Issuers Fail To File Form Ds Because They Fear Trolls? WASHINGTON, Dec 19 (Reuters) - A U.S. appeals court on Monday said the White House could not require federal contractors to ensure that their workers are vaccinated against COVID-19 as a condition of government contracts. updated on 2:00 PM on Wednesday, March 1, 2023, updated on 8:45 AM on Wednesday, March 1, 2023. New Documents Friday Development: New Sanctions and Export Controls to Address Weekly IRS Roundup February 20 February 24, 2023, Everything to Know About Unbundled Legal Services. by the Housing and Urban Development Department It also clarifies that covered contractor employees who work in federal buildings must also abide by any safety requirements there. Accordingly, ensuring that Federal contractors and subcontractors are adequately protected from COVID-19 will bolster economy and efficiency in Federal procurement. This table of contents is a navigational tool, processed from the personalize your experience with targeted ads. 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