For nearly two years, we have been reporting on this blog about the Department of Defense’s (DoD) Cybersecurity Maturity Model Certification (CMMC) program. CMMC is a training, certification, and third-party assessment...more
On December 6, we noted on this blog post that because the injunction issued by the District Court for the Eastern District of Kentucky on November 30 prohibiting the government from enforcing the government contractor...more
12/8/2021
/ Appeals ,
Biden Administration ,
Constitutional Challenges ,
Coronavirus/COVID-19 ,
Employer Liability Issues ,
Employer Mandates ,
Executive Orders ,
Federal Contractors ,
Federal Employees ,
Federal Property and Administrative Services Act (FPASA) ,
Injunctions ,
Multidistrict Litigation ,
OSHA ,
State and Local Government ,
Statutory Authority ,
Stays ,
Vaccinations
As we previously reported, on November 30, the District Court for the Eastern District of Kentucky (ED of KY) enjoined the government “from enforcing the vaccine mandate for federal contractors and subcontractors in all...more
12/7/2021
/ Appeals ,
Biden Administration ,
Department of Justice (DOJ) ,
Employer Liability Issues ,
Employer Mandates ,
Executive Orders ,
Federal Contractors ,
Multidistrict Litigation ,
Preliminary Injunctions ,
State and Local Government ,
Stays ,
Subcontractors ,
Vaccinations
In a decision issued on November 17, JKB Solutions v. United States, the Federal Circuit held that the commercial item termination for convenience provision at FAR 52.212-4(l) incorporated by reference into a contract for...more
On November 30, the District Court for the Eastern District of Kentucky enjoined the government contractor vaccine mandate issued in accordance with President Biden’s Executive Order 14042. This injunction follows an...more
12/1/2021
/ Biden Administration ,
Coronavirus/COVID-19 ,
Employer Mandates ,
Federal Contractors ,
Health and Safety ,
Injunctions ,
Likelihood of Success ,
Multidistrict Litigation ,
Non-Delegation Doctrine ,
OSHA ,
State and Local Government ,
Tenth Amendment ,
Vaccinations
Likely in response to the flurry of litigation challenging the government contractor vaccine mandate, on November 16 the Office of Management and Budget (OMB) published a new notice of determination and request for comments...more
11/18/2021
/ Biden Administration ,
Compliance ,
Coronavirus/COVID-19 ,
Employees ,
Employer Liability Issues ,
Employer Mandates ,
Executive Orders ,
Federal Contractors ,
Federal Employees ,
Multidistrict Litigation ,
OMB ,
OSHA ,
Stays ,
Subcontractors ,
Vaccinations ,
Virus Testing ,
Workplace Safety
As expected, late on November 10 the Safer Federal Workforce Task Force revised its government contractor vaccine mandate Guidance to extend the deadline for covered contractor employees to get vaccinated. This revision...more
11/11/2021
/ Biden Administration ,
Coronavirus/COVID-19 ,
Covered Employees ,
Deadlines ,
Employer Mandates ,
Federal Contractors ,
Federal Employees ,
New Guidance ,
OSHA ,
Preliminary Injunctions ,
State and Local Government ,
Stays ,
Vaccinations
The five cases challenging the contractor vaccine mandate filed in various district courts by 22 states, which we discussed on this blog last week, continue to develop. Motions for preliminary injunctions have now been filed...more
11/11/2021
/ Biden Administration ,
Constitutional Challenges ,
Coronavirus/COVID-19 ,
Department of Justice (DOJ) ,
Employer Mandates ,
Federal Contractors ,
Injunctions ,
Multidistrict Litigation ,
OSHA ,
State and Local Government ,
Stays ,
Vaccinations
In welcome news for government contractors, the government contractor vaccine mandate continues to soften. In a statement issued by the White House this morning, the deadline for complying with the mandate will be extended...more
11/4/2021
/ Biden Administration ,
Coronavirus/COVID-19 ,
Deadlines ,
Employees ,
Employer Mandates ,
Executive Orders ,
Federal Contractors ,
Federal Employees ,
Healthcare Workers ,
OSHA ,
Subcontractors ,
Time Extensions ,
Vaccinations
At the end of October 2021, four complaints were filed by almost 20 states challenging the government contractor vaccine mandate. While some have suggested that these states, led by Republican governors, filed the suits for...more
11/4/2021
/ Biden Administration ,
Complaint Procedures ,
Constitutional Challenges ,
Coronavirus/COVID-19 ,
Declaratory Relief ,
Employer Mandates ,
Executive Orders ,
Federal Contractors ,
Federal Employees ,
Healthcare Workers ,
Injunctive Relief ,
Regulatory Mandates ,
Standing ,
State and Local Government ,
State Legislatures ,
Subcontractors ,
Vaccinations
The Safer Federal Workplace Task Force (Task Force) recently issued additional Q&A’s that seemingly take a softer approach to compliance with the contractor vaccine mandate, indicating contracting officers are to “work with,”...more
As contractors and agencies scramble to comply with the government contractor vaccine mandate, there seems to be growing confusion over whether contractors or federal agencies are responsible for evaluating whether contractor...more
10/26/2021
/ Biden Administration ,
Coronavirus/COVID-19 ,
DFARS ,
Employees ,
Employer Liability Issues ,
Employer Mandates ,
Executive Orders ,
Exemptions ,
Federal Acquisition Regulations (FAR) ,
Federal Contractors ,
Federal Employees ,
Joint Employers ,
Reasonable Accommodation ,
Religious Exemption ,
Subcontractors ,
Vaccinations
While most federal procurements are conducted using the onerous regulations set forth in the Federal Acquisition Regulation (FAR) and agency supplements, agencies are increasingly relying on the more flexible, but...more
Well, that was quick. In four memos dated September 30 and October 1, contractors learned the terms of the contract provisions implementing the COVID-19 vaccine and masking requirements mandated by President Biden’s...more
10/6/2021
/ Biden Administration ,
Coronavirus/COVID-19 ,
Deadlines ,
Department of Defense (DOD) ,
Employees ,
Employer Liability Issues ,
Employer Mandates ,
Executive Orders ,
Exempt-Employees ,
Federal Acquisition Regulations (FAR) ,
Federal Contractors ,
Federal Employees ,
General Services Administration (GSA) ,
Masks ,
Regulatory Requirements ,
Social Distancing ,
Vaccinations ,
Workplace Safety
On September 24, following President Biden’s September 9 Executive Order, Ensuring Adequate COVID Safety Protocols for Federal Contractors, the Safer Federal Workforce Task Force (Task Force) issued new guidance on COVID-19...more
9/28/2021
/ Biden Administration ,
Coronavirus/COVID-19 ,
Covered Employees ,
Covered Employer ,
Employer Mandates ,
Executive Orders ,
Federal Acquisition Regulations (FAR) ,
Federal Contractors ,
Federal Employees ,
Subcontractors ,
Vaccinations ,
Workplace Safety
In the past, we have cautioned readers about the potential impact of transactions on pending awards, particularly on the ability of a contractor to protest. A recent decision from the Court of Federal Claims (COFC) shows that...more
On September 9, among other measures, President Biden issued an Executive Order that will result in a mandate that contractor employees “performing on or in connection with a Federal Government contract or contract-like...more
9/13/2021
/ Biden Administration ,
Coronavirus/COVID-19 ,
Executive Orders ,
Federal Contractors ,
Federal Employees ,
Healthcare Workers ,
Infectious Diseases ,
OSHA ,
Privately Held Corporations ,
Vaccinations ,
Virus Testing ,
Workplace Safety
On April 27, President Biden issued an Exhibit Order (EO) on Increasing the Minimum Wage for Federal Contractors raising the minimum wage for federal contractors, covered subcontractors, and lower-tier subcontractors by 27%...more
After a successful challenge last year to the award of a service-disabled veteran-owned small business (SDVOSB) set aside task order for technology service desk operations by the U.S. Customs and Border Protection (CBP or the...more
To protect the U.S. industrial base, among other reasons, companies that sell goods to the U.S. government are required to comply with domestic source restrictions that dictate the percentage of domestic content and have the...more
2/19/2021
/ Biden Administration ,
Buy America ,
Buy American Act ,
Executive Orders ,
Federal Acquisition Regulations (FAR) ,
Federal Contractors ,
Made in the USA ,
Steel Industry ,
Supply Chain ,
Trump Administration ,
US Trade Policies
The Interagency Suspension and Debarment Committee (ISDC) recently released its annual report to Congress regarding suspension and debarment across the federal government in FY 2019. The report serves as a yearly reminder...more
For over a year, we have been discussing the Department of Defense’s (DoD) eventual implementation of a Cybersecurity Maturity Model Certification (CMMC) program for Defense contractors, most recently during a webinar in...more
On April 8, the Department of Defense (DoD) issued a Class Deviation 2020-O0013 laying out the framework for implementing Section 3610 of the Coronavirus Aid, Relief, and Economic Security Act (CARES Act). DoD is to be...more
While the health of our citizens is, as it must be, the primary focus of the response, Congress and the Executive Branch are scrambling to ensure that companies have sufficient liquidity to continue operations, and continue...more
On March 25, 2020, the Senate passed the $2.2 trillion Coronavirus Aid, Relief, and Economic Security Act, (CARES Act), by a vote of 96 to 0. This rescue package will now be considered by the House, which, according to the...more