(a) Except as provided in subsection (b) of this section, this order is effective immediately and shall apply to new contracts; new contract-like instruments; new solicitations for contracts or contract-like instruments; extensions or renewals of existing contracts or contract-like instruments; and exercises of options on existing contracts or contract-like instruments, as described in section 5(a) of this order, where the relevant contract or contract-like instrument will be entered into, the relevant contract or contract-like instrument will be extended or renewed, or the relevant option will be exercised, on or after: (i) October 15, 2021, consistent with the effective date for the action taken by the Federal Acquisition Regulatory Council pursuant to section 3(a) of this order; or. By the time . The FAR Clause 52.223-99 must be used as written. 2023 by Government Media Executive Group LLC. The National Law Review is not a law firm nor is www.NatLawReview.com intended to be a referral service for attorneys and/or other professionals. We also share information about your use of our site with our social media, advertising This PDF is This may affect our ability to personalize ads according to your preferences. 09/13/2021 at 8:45 am. California Law May Limit Hospitals Ability to Adopt The Joint Ankura CTIX FLASH Update - February 28, 2023, Ankura Cyber Threat Investigations and Expert Services. Browse an unrivalled portfolio of real-time and historical market data and insights from worldwide sources and experts. Does the Supreme Court have the stomach to tackle the super fun SECs Pay vs. A panel of the 5th Circuit Court of Appeals voted 2-1 to uphold a lower court decision that blocked President Joe Biden's September 2021 contractor vaccine executive order in those states after Louisiana, Indiana, and Mississippi brought suit to seek invalidation of the mandate. Federally Recognized Holidays, Employer Considerations for DOLs New AEWR Rule. After that date, all covered contractor employees must be fully vaccinated by the first day of the period of performance on a newly awarded covered contract, and by the first day of the period of performance on an exercised option or extended or renewed contract when the clause has been incorporated into the covered contract., Last week, the White House pushed the vaccine deadline for contractors from December 8 to January 4 to align with mandates issued by the Occupational Safety and Health Administration and the Centers for Medicare and Medicaid Services. Access unmatched financial data, news and content in a highly-customised workflow experience on desktop, web and mobile. 14042. In a 6-3 decision, SCOTUS blocked the Department of Occupational Safety and Health Administration (OSHA) Emergency Temporary Standard (ETS) requiring . Upcoming OSHA guidance gives companies with 100 or more employees the option of vaccination or weekly testing. Contractors that accepted the modification must come into compliance with the clause and Safer Federal Workforce Task Force Guidance for Federal Contractors and Subcontractors. This date change for contractors means that recipients of the Moderna or Pfizer/BioNTech vaccines must have their first dose by at least January 4. content and messages you see on other websites you visit. On January 30, 2023, the Biden administrationstatedthat it intends to extend the previously declaredCOVID-19 national emergencyand the separately declaredpublic health emergencyuntil May 11, 2023, and then end both emergency declarations. Breaking the Link New Developments on U.S. Federal contractors are being contacted by their contracting agencies about implementing requirements relating to President Joe Biden's mandate that all federal employees and on-site contractor employees either be vaccinated against COVID-19 or face repeated testing, and comply with strict social distancing and masking requirements. GSA is issuing this notice to inform GSA contractors that the United States District Court for the Southern District of Georgia issued a preliminary injunction [PDF - 544 KB] on December 7, 2021, that halts enforcement of FAR clause 52.223-99 Ensuring Adequate COVID-19 Safety Protocols for Federal Contractors in GSA contracts and contract-like instruments implementing the Safer Federal Workforce Taskforce guidance for contractors and subcontractors nationwide. 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We have reported on this issue previously, but the order, issued on September 9, 2021, directed federal executive agencies to amend solicitations and contracts, in effect, to include a COVID-19. the Federal Register. United States: Federal Contractor Vaccine Mandate Remains On Hold. On September 9, 2021, President Biden issued an executive order requiring all federal workers, a number exceeding 3.5 million, to be vaccinated by November 22, 2021. A cookie is a small piece of data (text file) that a website when visited by a U.S. Congress votes to block ESG investing, Biden veto expected, VP Harris breaks tie for 2nd time to confirm Biden judicial pick, Reporting by David Shepardson Status: A Texas federal court has issued a nationwide injunction prohibiting enforcement of the federal employee vaccine mandate on all federal employees. Note that the guidance requires that covered contractor employees must be fully vaccinated no later than December 8, 2021. documents in the last year, 287 The contractor is responsible for considering, and dispositioning, such requests for accommodations regardless of the covered contractor employee's place of performance. He conducts internal investigations and defends clients in False Claims Act litigation, government investigations, and suspension and debarment actions. More specifically, we use cookies and other tracking Federal employees lawsuit. legal research should verify their results against an official edition of documents in the last year, by the Food Safety and Inspection Service and the Food and Drug Administration If any provision of this order, or the application of any provision of this order to any person or circumstance, is held to be invalid, the remainder of this order and its application to any other person or circumstance shall not be affected thereby. This table of contents is a navigational tool, processed from the intended if you do so. Official websites use .gov All quotes delayed a minimum of 15 minutes. Requirement for "covered contractors" to designate a lead person for compliance with mandate Agencies strongly encouraged to apply the requirement to contracts not called out in the EO Covered contractor employees working from home must be vaccinated Safer Federal Workforce Task Force Guidance Telephone and Texting Compliance News: Regulatory Update February 2023. Unless otherwise specified, the per diem locality is defined as "all locations within, or entirely surrounded by, the corporate limits of the key city, including independent entities located within those boundaries. Overcoming Obstacles to Drive Digital Transformation in Construction. documents in the last year, 662 Please see the Safer Federal Workforce Task Force Guidance. headings within the legal text of Federal Register documents. 03/01/2023, 43 GSA is issuing this notice to inform GSA contractors that United States District Court of Arizona issued an injunction on February 10, 2022 that prohibits the inclusion of a clause implementing vaccination requirements for federal contractors and subcontractors where the contracting party is domiciled in or headquartered in Arizona or where work will be principally performed in the State of Arizona. For all applicable GSA IDV/IDIQs, FAR 52.223-99 will be incorporated. This order promotes economy and efficiency in Federal procurement by ensuring that the parties that contract with the Federal Government provide adequate COVID-19 safeguards to their workers performing on or in connection with a Federal Government contract or contract-like instrument as described in section 5(a) of this order. GSA provided an industry presentation [PDF - 944 KB] showing the following (on slide 5): * for example, in elevators, restrooms, cafeterias, parking garages/lots, etc. documents in the last year, 20 documents in the last year, 83 Yes, MAS offerors are required to accept the solicitation refresh 8 in order to receive a MAS award. 2. The mandate was to take effect on January 4, 2022. Contracting Officers may exercise discretion to extend performance if they determine an extension would be appropriate to address performance impacts that directly result from a contractor's compliance with the Safer Federal Workforce Task Force guidance. Separately, a federal appeals court has put a temporary hold on the OSHA rule. documents in the last year, 11 Confidentiality and Non-Disparagement Agreements with Non-Supervisory USCIS Confirms It Will Accept Employment-Based I-485 Applications New Jersey Enacts Bill of Rights for Temporary Workers, DOJ Implements Nationwide Voluntary Self-Disclosure Program. Customer Reviews: Five-Star Enforcement and the Expanding Regulations. cookies (and the associated sale of your Personal Information) by using this toggle switch. At this time, there is no guidance regarding testing for contractor employees that meet the vaccination exceptions due to religious or medical reasons. the President to manage federal procurement. They do not store directly personal information, but are based on uniquely identifying your browser and The contractor designee(s) are not required to be Key Personnel. documents in the last year, 522 Performance will continue until the end of the current period. For complete information about, and access to, our official publications In this changing environment, employees and contractors should keep in touch with managers . It also clarifies that covered contractor employees who work in federal buildings must also abide by any safety requirements there. The vaccine mandate for federal employees was enjoined last week by a federal judge in Texas. Words With Friends, Part 1: Insurance Requirements and Contracts, Legislator Proposes To Expand CFL To Encompass "Commercial CERCLA PFAS Scope May Broaden To Many More PFAS, AI Avatar App is the Latest Target of BIPA Class Action Litigation. Reuters provides business, financial, national and international news to professionals via desktop terminals, the world's media organizations, industry events and directly to consumers. The mandate required that all employees full time and part time receive COVID vaccinations or, alternatively, produce weekly testing to prove they did not have the virus. Share sensitive information only on official, secure websites. 03/01/2023, 828 (a) Nothing in this order shall be construed to impair or otherwise affect: (i) the authority granted by law to an executive department or agency, or the head thereof; or. There is no contractor cost for vaccination, and vaccination is widely available. electronic version on GPOs govinfo.gov. Abusive Arbitrage Devices Its Time to Get Reacquainted (Episode 2 Government Contracts, Maritime & Military Law, How Modern Manufacturing Plants Can Protect Against Ransomware, Cyberattacks, FTC Will Host May 23, 2023, Workshop on Recyclable Claims and the Green Guides. better and aid in comparing the online edition to the print edition. See note above on updated guidance from the Safer Federal Workforce Task Force. Labor Board Flip-Flops Again on Severance FRB Governor Bowman Speaks on Bank Regulation and Supervision. Patrick conducts due diligence reviews of and advises on the government- Aron Beezley is the co-leader of Bradleys Government Contracts Practice Group. Because we do not track you across different devices, In this Issue, Documents https://www.saferfederalworkforce.gov/contractors, Executive Order 14042 on Ensuring Adequate COVID Safety Protocols for Federal Contractors, guidance for federal contractors and subcontractors [PDF], GSA Class Deviation From the Federal Acquisition Regulation (FAR) Regarding Implementation of Executive Order 14042, Ensuring Adequate COVID Safety Protocols for Federal Contractors, Civilian Agency Acquisition Council (CAAC) Class Deviation Letter, Chairperson of the Civilian Agency Acquisition Council (CAAC) Letters, Safer Federal Workforce Task Force Vaccinations, Safer Federal Workforce Task Force Guidance, Closed GSA owned and/or managed federal buildings, Presidential & Congressional Commissions, Boards or Small Agencies, Diversity, Equity, Inclusion and Accessibility. Additionally, you may contact our legal Please refer to Safer Federal Workforce Task Force Vaccinations for the most up-to-date information regarding access requirements to federal facilities. President Biden announced that vaccination will be required for contractors that do business with the federal government in his COVID-19 Action Plan (See "Vaccinating the Unvaccinated"). your data under the CCPA. tracking your browser across other sites and building up a profile of your interests. It allows users to search by contractor name, business size, contract vehicle and Data Universal Numbering System number. These can be useful The White House did not immediately comment. At this time, there is no indication that there will be an annual certification requirement. Many agencies are still shifting their approaches to match the administration's new Covid-19 testing and reporting policies, says Stephanie Rapp-Tully of Tully Rinckney. Rates for foreign countries are set by the State Department. Accordingly, the cost of implementing the safeguards required by the deviation is expected to be offset by the cost avoidance of lost productivity. Otherwise, GSA COs should strongly encourage contractors to sign the modification. Additionally, applicable GSA safety standards can be found on the GSA Safer Federal Workplace page. Do Issuers Fail To File Form Ds Because They Fear Trolls? Challenges to the No Surprises Act Continue: The Latest includes a Navigating Permissive State Laws in Light of the Federal Information FDA Publishes List of 2023 Priority Guidance Topics. Until the ACFR grants it official status, the XML documents in the last year, 940 Multiple Concussions Result in Greater Cognitive Deficits, DOL Issues Internal Guidance on Telework Under the FLSA & FMLA, USPTO Launches Cancer Moonshot Expedited Examination Pilot Program. Sec. GSA is following this guidance and is strongly encouraging it. COVID-19 vaccination of covered contractor employees, except in limited circumstances where an employee is legally entitled to an accommodation; Compliance by individuals, including covered contractor employees and visitors, with the guidance related to masking and physical distancing while in covered contractor workplaces; and, For questions please call the National Customer Service Center at. information. 03/01/2023, 159 4. The judge in that case cited the Supreme Court's actions in the OSHA case in his ruling. The National Law Review is a free to use, no-log in database of legal and business articles. November 30, 2021 Please refer to the Safer Federal Workforce Task Force Guidance. 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