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57 Procurement Law. 1 (2022)

handle is hein.journals/procurlw57 and id is 1 raw text is: CIkOOuheraewt SECTION OF PUBLIC CONTRACT LAW AMERICAN BAR ASSOCIATION VOLUME 57, NUMBER 1 WINTER 2022 AMERICANBARASSOCIATION Public Contract Law Section What Federal Contractors Need to Know Now About the New COVID Vaccine Mandate BY CATHERINE T. BARBIERI, GRAY I. MATEO-HARRIS, AND KELSEY J. SCHMIDT Gray I. Mateo-Harris Editor's Note: As readers will have observed, the vaccine mandate has been hotly litigated, and we expect developments to unfold further by the time of publication. The Procure- ment Lawyer provides this analysis with the understanding that contractors and their counsel will nonetheless want to de- velop plans around updated compliance requirements. As the COVID-19 pandemic continues through its sec- ond year, federal and state governments are promulgat- ing rules, regulations, and mandates almost every day to combat the spread of COVID-19. On September 9, 2021, the Biden Administration issued one of its most sweeping federal mandates through Executive Order 14042,1 mandating vaccinations for all federal contrac- tors (the Vaccine Mandate). However, as explained Catherine T. Barbieri is a partner in the Philadelphia office of Fox Rothschild LLP. She is co-chair of the Labor & Employment Department and regional practice lead for the Pennsylvania and Delaware offices. Gray I. Mateo-Harris is a partner and Labor & Employment regional practice lead for the firm's Chicago office. Kelsey J. Schmidt is a Labor & Employment associate in the Chicago office. further below, on December 7, 2021, a federal district court judge issued a nation- wide injunction blocking the Vaccine Mandate from going into effect. On De- cember 17, 2021, the U.S. Court of Appeals for the Eleventh Circuit denied the Administration's re- quest to dissolve the na- Kelsey J. Schmidt tionwide preliminary in- junction. Notwithstanding this nationwide injunction, this article outlines the basic requirements and impacts of Executive Order 14042, an- ticipating that at least some of the requirements may sur- vive the ongoing legal challenge. While the Executive Order has several components that address federal contractors and health care work- ers and direct OSHA to develop emergency rules for private employers, this article focuses on the Vaccine Mandate for federal contractors, providing a brief over- view of the current requirements. However, please note continued on page 24 ISSU E H IGH LIG H T News from the Chair So Your Proposal Lost-Now What? Understanding Debriefings Jurisdictional Rope-a-Dope: Fraud Enforcement at the Boards of Contract Appeals The Joint Defense Doctrine in Federal Contract Litigation 2 3 10 20 Published in The Procurement Lawyer, Volume 57, Number 1, Winter 2022. © 2022 by the American Bar Association. Reproduced with permission. All rights reserved. This information or any portion thereof may not be copied or disseminated in any form or by any means or stored in an electronic database or retrieval system without the express written consent of the American Bar Association. Catherine T. Barbieri

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