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Federal Government Will Not Enforce the Contractor Vaccine Mandate Absent Further Notice

Client Alert | 1 min read | 09.01.22

On August 31, 2022, the Safer Federal Workforce Task Force announced that the Federal Government “will take no action to implement or enforce Executive Order 14042,” the contractor vaccine mandate, “to ensure compliance with an applicable preliminary nationwide injunction, which may be supplemented, modified, or vacated, depending on the course of ongoing litigation.”

This announcement follows the decision issued on August 26, 2022 by the Court of Appeals for the Eleventh Circuit to limit the scope of the nationwide injunction issued by the District Court in Georgia v. Biden, S.D. Ga., 1:21-cv-163. Specifically, the Eleventh Circuit limited the nationwide injunction to the parties in Georgia, which include seven states and their agencies (Georgia, Alabama, Idaho, Kansas, South Carolina, Utah, and West Virginia), as well as members of the Associated Builders and Contractors.  

In light of this announcement, federal contractors should expect that the FAR clause implementing the requirements of the Executive Order will not be included in future solicitations and contracts, and the Federal Government will not take any action to enforce the clause where it has already been included in contracts or contract-like instruments, absent further written notice from the agency.

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Client Alert | 1 min read | 07.08.26

CAS Board Publishes Final Rule Rescinding CAS 404, 408, 409, and 4117

As part of its ongoing effort to conform the Cost Accounting Standards (“CAS”) to generally accepted accounting principles (“GAAP”), the CAS Board published a final rule rescinding CAS 408 (Accounting for costs of compensated personal absence) and CAS 411 (Accounting for acquisition costs of material).  The CAS Board also rescinded CAS 404 (Capitalization of tangible assets) and CAS 409 (Depreciation of tangible capital assets) but retained certain requirements of CAS 404 and 409, which will be located in new paragraphs of CAS 405 (Accounting for unallowable costs).  Specifically, the CAS Board retained the requirements currently located at CAS 404-50(d)(1), CAS 409-50(e)(5), CAS 409-50(j)(1), and CAS 409-50(j)(4), which the CAS Board explained are necessary to protect the Government’s interests.  Otherwise, the CAS Board determined that the requirements of CAS 404, 408, 409, and 411 overlapped with GAAP such that GAAP “may be applied reasonably as a substitute for CAS to support contract cost and pricing.”...

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