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Updated Guidance Suggests that Federal Government May Enforce Contractor Vaccine Mandate

Client Alert | 1 min read | 10.18.22

The Safer Federal Workforce Task Force issued updated guidance for federal contractors on October 14, 2022, announcing that it will reevaluate enforcement of the federal contractor vaccine mandate and safety requirements issued under Executive Order 14042.  This is the first pronouncement from the Task Force after it had indicated that it would not enforce the vaccine mandate without further notice in the wake of the Eleventh Circuit’s August 26, 2022 decision limiting the scope of the injunction against implementation and enforcement of the EO 14042 contractor mandate.  The mandate officially narrowing the injunction was issued on October 18. 

In light of the narrowed injunction, the Task Force announced that it will not enforce the vaccine mandate unless and until (i) the Task Force issues new guidance on COVID-19 safety protocols, (ii) OMB determines that guidance would promote economic and efficiency in federal contracting, and (iii) agencies issue written notice to covered contractors in accordance with OMB guidelines.  The Task Force update leaves open the possibility that agencies could include the FAR clause implementing the requirements of the Executive Order in future solicitations and contracts.

In light of this announcement, federal contractors should expect that the Federal Government will not take any action to enforce the clause implementing the EO 14042 contractor mandate where it has already been included in contracts or contract-like instruments, absent further written notice from the agency.

Insights

Client Alert | 3 min read | 04.25.24

JUST RELEASED: EPA’s Bold New Strategic Civil-Criminal Enforcement Collaboration Policy

The Environmental Protection Agency’s (EPA’s) Office of Enforcement and Compliance Assurance (OECA) just issued its new Strategic Civil-Criminal Enforcement Policy, setting the stage for the new manner in which the agency manages its pollution investigations. David M. Uhlmann, the head of OECA, signed the Policy memorandum on April 17, 2024, in order to ensure that EPA’s civil and criminal enforcement offices collaborate efficiently and consistently in cases across the nation. The Policy states, “EPA must exercise enforcement discretion reasonably when deciding whether a particular matter warrants criminal, civil, or administrative enforcement. Criminal enforcement should be reserved for the most egregious violations.” Uhlmann repeated this statement during a luncheon on April 23, 2024, while also emphasizing the new level of energy this collaborative effort has brought to the enforcement programs....