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Injunctions May Only Pause the Government Contractor Vaccine Mandate

The U.S. District Court for the Eastern District of Kentucky's Nov. 30 injunction, in Kentucky v. Biden, prohibiting enforcement of the government contractor vaccine mandate against contractors and subcontractors in Kentucky,...more

If the Government Contractor Vaccine Mandate Doesn’t Get You, the OSHA ETS Might

In the past few days, there have been multiple developments in the legal challenges to the various vaccine mandates, one in favor of a mandate, one against. In addition, the first vaccine mandate challenge has now reached the...more

A Third Court Enjoins the Federal Contractor Vaccine Mandate

On December 16, in the challenge filed by Louisiana, Mississippi, and Indiana to the federal contractor vaccine mandate, the Western District of Louisiana (WD of LA) granted the plaintiff’s motion for a preliminary injunction...more

DoD Scraps CMMC 1.0 for CMMC 2.0

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

Georgia District Court Enjoins Government Contractor Vaccine Mandate Nationwide

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

DOJ Seeks Stay of KY, OH, and TN Injunction; Hearings Go Forward in Other Government Contractor Vaccine Mandate Cases

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

Did the Federal Circuit Just Eliminate Commercial Services?

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

The Last Domino Falls – The Beginning of the End of the Government Contractor Vaccine Mandate?

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

OMB Attempts to Plug Holes in the Government Contractor Vaccine Mandate

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

Records in Bid Protest Become More Complete – COFC Sanctions the Government for AR Omissions

In an opinion first publicly released on November 3, the Court of Federal Claims (COFC) took the somewhat usual, but not unheard of, step of sanctioning the government for mishandling the administrative record (AR) in a bid...more

More Revisions to the Government Contractor Vaccine Mandate

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

The State Challenges to the Contractor Vaccine Mandate Continue

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

Deadline for Compliance with Government Contractor Vaccine Mandate Extended to January 4, 2022

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

States Have Joined the Fight to Challenge the Government Contractor Vaccine Mandate

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

Is the Contractor COVID-19 Vaccine Mandate Softening?

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

Who is Responsible for Granting Medical/Religious Accommodations to the COVID-19 Vaccination Mandate?

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

The Black Hole of Protest Jurisdiction: Can I Challenge the Award of an “Other Transaction Agreement”?

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

Contractors, You Will Get the Jab!

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

Selling Assets During a Protest?  Careful You Don’t Jump the Shark

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

Contractors, is it Time to Get the Jab?

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

Bleak House Redux: Another Federal Circuit Win in Protracted Protest Litigation

As we previously discussed in a 2019 blog post, since 2018 Bass, Berry & Sims Government Contracts and Litigation attorneys have successfully defended B&O JV in a host of challenges to an 8(a) small business set-aside award...more

Government Contractors Once Again Used as Lab Rats for Higher Minimum Wage Requirements

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

Bass, Berry & Sims Successfully Protests—And Then Defends—Client Award of a Task Order Before the GAO

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

Heightened Buy American Act Requirements Are Here and More Are on the Way

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

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