Executive Order 14042 Agency Class Deviation Guidance, A Side-by-Side Comparison
Client Alert | 1 min read | 10.08.21
Executive Order 14042, issued on September 9, 2021, requires that certain federal contractors and subcontractors mandate vaccinations against COVID-19 for covered employees in addition to requiring compliance by covered employees and visitors with other COVID-19 safety protocols.
However, E.O. 14042 leaves several questions unanswered, including how agencies should implement the order and, in some cases, what types of contracts are covered. Government agencies have begun to issue guidance in the form of class deviations, the substance of which we are providing as a side-by-side comparison.
Crowell & Moring LLP is tracking this emerging guidance, and is pleased to present this table, current as of the date on the table.
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GAO Indicates Reasonable Conflict of Interest Investigation Must Include Inquiry of Involved Firm
The U.S. Government Accountability Office’s (GAO) recent decision in Viderity Inc.—Costs, B-424422.5, Sept. 1, 2026, offers useful insight into what constitutes a legally sufficient conflict of interest investigation. The decision arose in an unusual procedural posture: Viderity initially protested, alleging that an agency evaluator had a personal conflict of interest. After the agency took corrective action, Viderity filed a cost entitlement claim requesting that GAO direct the agency to reimburse Viderity’s protest costs. In evaluating that claim, GAO assessed whether Viderity’s underlying protest ground was “clearly meritorious.”
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