Appeals Court Upholds Preliminary Injunction on COVID-19 Federal Contractor Vaccine Mandate

On Wednesday, January 5, 2022, the U.S. Court of Appeals for the Sixth Circuit issued another setback to the COVID-19 vaccine mandate for federal government contractors. In its opinion, the four-judge panel upheld the November 30, 2021 preliminary injunction and denied the Government’s request to stay the injunction “because the government has established none of the showings required to obtain a stay.” On appeal, the government asserted that the three states involved, Kentucky, Ohio, and Tennessee, and two Ohio sheriffs’ offices which brought the initial claim did not have standing to bring such a case. Additionally, the government argued that even if there was standing, the Property Act authorizes the contractor mandate. However, the Court of Appeals determined all plaintiffs established standing based on four elements and held the Property Act does not authorize the President to take such action.

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Agency Properly Rejected Bidder for Listing COVID-19 as a “Force Majeure” Event

For government contractors, trying to predict how COVID-19 might affect a government project can be extraordinarily challenging task. One bidder recently attempted to provide some clarity by stating, in its bid, that COVID-19 was a “force majeure event” and that the bidder would be entitled to extra time if COVID-19 affected the project.

Unfortunately for the bidder, its effort failed: the agency rejected the bid for improperly exceeding the scope of a relevant FAR clause. The GAO then confirmed that the agency had acted properly.

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Event: What Government Contractors Should Know About the Vaccine Mandate Webinar, Hosted by Catalyst

If you missed it before, here’s your chance to attend one of Koprince McCall Pottroff LLC‘s most popular webinars.

Please join me, Shane McCall, and Steven Koprince on December 1 for this informative webinar hosted by Catalyst on the vaccine mandate. We will cover which contractors and subcontractors must comply, which employees are covered, when employees must be vaccinated, how employers should confirm employee vaccination, and much more, including the latest guidance from the Safer Federal Workplace Task Force.

It’s easy to register: just click here. See you on today!

COVID-19 Federal Workforce Vaccination Deadline Extended to January 4, 2022

This morning, the White House released updated Covid-19 vaccination guidelines. This update includes a nearly month-long delay in the mandate implementation. Previously, all federal workers and contractors must have either been fully vaccinated or granted some form of extension or accommodation by December 8, 2022. Fully vaccinated means two weeks following the final dose, meaning the actual deadline was early November for employees to begin the two-shot cycle of Pfizer or Moderna.

The new deadline also comes with updated recommendations from OSHA.

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Five (More) Things You Should Know: Common Vaccine Mandate Misconceptions

The vaccine mandate remains the talk of the governing contracting community. Even as a new lawsuit seeks to block the mandate, many contractors are working feverishly in an effort to comply.

Last week, I addressed responses to five common misconceptions I am hearing about the vaccine mandate. But I am seeing many more misconceptions, and updated guidance from the Safer Federal Workforce Task Force helps address some of them. So let’s take a look at five more common misconceptions about the contractor vaccine mandate.

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Event: Contractor Vaccine Mandate Webinar, Hosted by Govology

Here at Koprince McCall Pottroff LLC, we’ve had a lot of contractors ask, “are you going to give a webinar on the contractor vaccine mandate?” I am pleased to say that the answer is yes.

On November 17, please join me and Shane McCall for a special Govology webinar on the vaccine mandate. We will cover which contractors and subcontractors must comply, which employees are covered, when employees must be vaccinated, how employers should confirm employee vaccination, and much more, including the latest guidance from the Safer Federal Workplace Task Force.

It’s easy to register: just click here. See you on November 17!