For government contractors with questions about implementation of the COVID Vaccine Mandate, Karri Palmetier drafted a series of frequently asked questions (FAQ) with other members of the GovCon Alliance. Click here to view the article.
Updates since the initial publication are below.
Updates (Dec 22, 2021)
- Government Contractor Mandate is on hold since last Friday when the Southern District of Georgia enjoined enforcement of the vaccine mandate. The DoD issued guidance prohibiting contracting officers from including the clause in contracts or enforcing the requirements if the clause is already included in a contract can be seen here. https://www.acq.osd.mil/dpap/policy/policyvault/USA002407-21-DPC.pdf. Other agencies have issued similar guidance.
- OSHA Mandate applies again. All companies with more than 100 employees who are not subject to the government contractor mandate will need to comply. The expectation is that the matter will be raised to the Supreme Court.
- The government requirements for validating vaccine status to access a federal facility are still in effect and have not been the subject of any decision.
Updates (Dec 7, 2021)
- The U.S. District Court for the Middle District of Georgia issued a nationwide preliminary injunction staying implementation of the government contractor vaccination mandate.
Updates (Dec 3, 2021)
- On Nov. 30, the mandate was suspended for Ohio, Kentucky and Tennessee only.
Update (Nov 18, 2021)
- On 11/10, the December 8, 2021 deadline was officially extended until January 18, 2022
- On 11/4, the President issued an update on the various vaccine policies – https://www.whitehouse.gov/briefing-room/statements-releases/2021/11/04/fact-sheet-biden-administration-announces-details-of-two-major-vaccination-policies/
- the effective date for the government contractor requirement has been aligned with the OSHA mandate, which is Jan 4th unless further delayed by the courts.
- the OSHA vaccine mandate will not apply to companies subject to the Government Contractor mandate.
- For those not aware, the 5th Circuit has stayed the OSHA requirements (not the government contractor mandate) – https://www.ca5.uscourts.gov/opinions/unpub/21/21-60845.0.pdf.
- DoD is requesting contractors who work onsite within buildings represent their vaccine status. For those not vaccinated, exempted or who refuse to provide status, then they will need to be tested, wear masks and socially distance.
