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Georgia Federal Court Blocks Federal Contractor COVID-19 Vaccine Mandate Nationwide

Judge R. Stan Baker of the US District Court for the Southern District of Georgia issued an order (Order) on December 7, 2021, enjoining the federal government “from enforcing the vaccine mandate for federal contractors and...more

Federal Contractor Vaccine Mandate Enjoined in Kentucky, Ohio, and Tennessee: The Implications

The Government’s enforcement of contract provisions implementing the COVID-19 vaccine mandate with regard to federal contractors and subcontractors required by President Biden’s Executive Order 14042 (the EO) was...more

Important Updates on Federal Contractor Vaccine Mandate—Deadline Extended and Flexibility Added - UPDATED

UPDATE: The Safer Federal Workforce Task Force issued updated Guidance on November 10 confirming that the date a covered employee must be fully vaccinated is January 18, 2022. With the addition of new answers to...more

Important Updates on Federal Contractor Vaccine Mandate—Deadline Extended and Flexibility Added

With the addition of new answers to frequently asked questions (FAQs) on November 1, and the November 4 “Fact Sheet” issued by the White House accompanying the rollout of the Department of Labor’s Occupational Safety and...more

This Will Only Hurt a Bit: The GSA Mandates COVID-19 Vaccines in Nearly All Existing Contract Types

The General Services Administration (GSA) released its Class Deviation CD-2021-13 (the GSA Deviation), which, effective immediately, “provides instructions for the GSA acquisition workforce on when to include a new clause...more

The Clauses Implementing Vaccination Mandate for Federal Contractors Are Out—Key Considerations for Contractors

Four memoranda, released in the last several business days, provide federal contracting officers guidance and suggested clauses to implement President Biden’s Executive Order 14042 (the Executive Order) in federal contracts...more

What’s Next For Federal Contractors And Mandatory COVID-19 Safety Protocols

A day following his national address on September 8, 2021, President Biden issued two Executive Orders directed respectively to federal employees and federal contractors with the stated purpose of decreasing or halting the...more

Enhanced Buy American Requirements Coming Soon; Proposed Rule Foretells Big Changes

A major pillar of President Biden’s campaign was strengthening the Buy American requirements in procurement law, promising both before and after the election that “[n]o government contracts will be given to companies that...more

NIST On Track To Clarify Bayh-Dole To Ensure High Prices Cannot Be Used As Grounds For Exercising March-in Rights – Or Is It?

On January 4, 2021, the National Institute of Standards and Technology (NIST) published proposed rules for comment changing regulations promulgated under the Bayh-Dole Act (35 U.S.C. §§ 200-204), which allow businesses and...more

Here To Remind You Of The Key Provisions Of The Fiscal Year 2021 National Defense Authorization Act – You Oughta Know!

Each year, Congress presents us in Title VIII of the National Defense Authorization Act (NDAA) a potpourri of procurement reforms, changes, and additions. Some are effective immediately, while some are bound for rulemaking...more

Federal Contractors And Workplace Diversity Training Update: Department Of Labor Issues Request For Information Under EO 13950

Last month’s controversial Executive Order, 13950, will require federal contracts awarded after November 22, 2020, to contain a clause by which contractors agree to refrain from inculcating “race or sex stereotyping” or “race...more

UPDATE: New Executive Order And Accompanying OFCCP FAQs Demand Federal Contractors And Grantees Scrutinize All Diversity Workforce...

On September 22, 2020, President Trump issued an Executive Order on Combating Race and Sex Stereotyping (the Order). The Order is directed squarely at federal contractors and subcontractors, and states that its purpose is to...more

New Executive Order Demands Federal Contractors And Grantees Scrutinize All Diversity Workforce Training

On September 22, 2020, President Trump issued an Executive Order on Combating Race and Sex Stereotyping. The Order is directed squarely at federal contractors and subcontractors and states that its purpose is to “promote...more

FEMA Opens A Door And Closes A Window: A Primer On FEMA’s Broad Efforts To Obtain And Retain Medical Supplies To Combat COVID-19

FEMA Seeks All Comers to Supply Government with COVID-19 Supplies Through its website, the Federal Emergency Management Association (“FEMA”) is encouraging the private sector to step up and support the agency in its...more

General Services Administration Issues Class-Wide Waiver Of Trade Agreements Act And Buy American Act For All GSA Contracts and...

In a Class Determination and Findings (CD&F) published on April 3, 2020, the GSA’s Senior Procurement Executive directed that certain limited supplies to combat the COVID-19 virus identified in the CD&F may be acquired...more

Commerciality In The Time Of Coronavirus—DCMA Issues New Class Commercial Item Determination And Guidance

On March 31, 2020, the Office of the Under Secretary of Defense for Acquisition and Sustainment issued a memorandum attaching a class Commercial Item Determination (CID) promulgated by the Defense Contract Management Agency...more

Connecticut’s “Stay Safe, Stay Home” Order Restricts In-Person Workplace Operations Of Non-Essential Businesses

Connecticut Governor Ned Lamont issued Executive Order No. 7H (the “Stay Safe, Stay Home Order”) directing that all non-essential businesses and not-for-profit entities operating in the state prohibit in-person operations at...more

Massachusetts Order Requires All Non-essential Businesses To Close Workplaces

On Monday, March 23, Massachusetts Governor Charlie Baker issued a State of Emergency Order for Massachusetts (Order). The Order clarifies what businesses are deemed essential and non-essential (discussed in Exhibit A,...more

Update On The COVID-19 Federal Contractor’s Guide – The Office Of Management and Budget Issues Critical Guidance Regarding Federal...

On Friday, March 20, 2020, the Office of Management and Budget (OMB) issued Memorandum No. M-20-18, titled “Managing Federal Contract Performance Issues Associated With The Novel Coronavirus (COVID-19).” The Memorandum,...more

COVID-19 Forces Closure Of Most New Jersey Retail Businesses; Others Encouraged To Maximize Remote Operations

New Jersey Governor Murphy issued Executive Orders 107 and 108, effective at 9:00 p.m., March 21, 2019, closing non-essential retail businesses operating in the state to the public, requiring all businesses to implement...more

COVID-19 Federal Contractor’s Guide – Some Quick Points For Surviving And Thriving In This Unprecedented Environment

The spread of the COVID-19 virus and the unprecedented steps taken by federal, state and local authorities to contain it by shutting down or significantly altering normal business operations pose great challenges to...more

Buy (More) American: The Trump Administration Finally Ups The Ante On Domestic Origin Requirements (With The Final Impact Still...

The Trump administration’s focus on enhancing “Buy American” requirements in federal procurement took a leap forward on July 15, 2019, with the issuance of an Executive Order (EO) on Maximizing Use of American-Made Goods,...more

Cybersecurity – The Times (And Standards) They Are A Changin’ – FAST!

As we reported last month, the Department of Defense (DoD) has been engaging in an unusual rollout of its new cybersecurity certification program by way of road tours—led by Katie Arrington, the Special Assistant to the...more

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