Federal Contractor COVID-19 Vaccination Necessities: Are Adjustments Coming? | Bracewell LLP

Simply over a 12 months in the past, President Biden issued an Govt Order requiring federal companies to amend all contracts to mandate compliance with More secure Federal Staff Process Pressure (the “Process Pressure”) steerage. The Process Pressure then issued steerage (the “November 2021 Steerage”) that required coated federal contractor staff be totally vaccinated for COVID-19 and agree to covering and bodily distancing necessities. Amongst different necessities, coated contractors additionally needed to designate COVID-19 place of job protection coordinators. 

Litigation ensued and the November 2021 Steerage used to be enjoined from going into impact via a number of court cases. One such go well with, State of Georgia et. al v. President of the USA, ended in a national injunction. The government appealed that national injunction. The USA Courtroom of Appeals for the 11th Circuit narrowed the injunction to hide handiest the seven states and construction-industry industry group that have been events to the lawsuit. This narrowing does now not have an effect on the 17 states by which injunctions practice in keeping with 4 further court cases.1

In reaction, on October 14, 2022, the Process Pressure revealed an replace notifying federal contractors that their COVID-19-related duties is also converting.

What’s Converting?

Starting as early as the next day, October 18, 2022,2 simply over part of states will now not be coated via an injunction fighting the implementation of the November 2021 Steerage.  The Process Pressure supplies this “Abstract of Expected Steps” that will probably be taken sooner than enforcement of the November 2021 Steerage necessities will happen:

  • The Place of job of Control and Finances (OMB) will notify companies that they wish to proceed to agree to appropriate injunctions.
  • The Process Pressure “intends to replace its steerage relating to COVID-19 protection protocols,” which can come with a “timeline for implementation.”
  • The Director of the OMB will overview any up to date steerage relating to whether or not it promotes economic system and potency in federal contracting.
  • The OMB will factor steerage to companies on timing and spot to contractors relating to enforcement.


There are a number of steps that wish to happen for federal contractor necessities to modify in states now not coated via an injunction. Whether or not adjustments happen – leaving a patchwork of necessities for the country’s federal contractors – continues to be observed.

Then again, the More secure Federal Staff Process Pressure has indicated that adjustments is also coming. Federal contractors in states by which the injunction now not applies must watch to look what comes subsequent.

1. Particularly, 3 of those 4 court cases are recently pending a choice within the appropriate United States Courtroom of Appeals. In every case, oral arguments had been heard. The fourth case is throughout the 11th Circuit and used to be pending the verdict within the State of Georgia case.

2. The Process Pressure notes that “The 11th Circuit’s determination narrowing the district court docket’s injunction will take impact when that court docket problems its mandate, which is scheduled to happen on October 18[, 2022].”

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