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The vaccination drive is speeding, and the Government ensures no one is left. A good number of US citizens have been vaccinated, which is a piece of good news. The Government is taking significant decisions and asking all employees to take vaccines.

Last year, the Government made a vaccine mandate for all federal contractor employees. There has been so much buzz around this news. So, let’s clarify all the details.

The Federal Contractor Vaccine Mandate

On September 9, 2021, President Biden’s Executive Orders section 2 required all federal contractors to follow COVID guidelines. This includes mandatory vaccination by January 18, 2022.

The Timeline of the Federal Contractor Vaccine Mandate

Several states blocked this mandate as they claimed it was out of the President’s power. Many states justified vaccinations and a safe work environment protocol but were against the order. Many states like Alabama, Georgia, Idaho, Kansas, South Carolina, Utah, and West Virginia filed lawsuits. It challenged the Federal Contractor Vaccine mandate on October 29, 2021. Along with some federal government grants like small business grants for women, the organization questioned the decision. 

On Friday, December 3, 2021, the district court held a hearing to resolve whether to give or refuse the States’ injunction plea. Arizona and Florida also challenged the mandate in respective courts. On November 30, a federal district court in Kentucky gave a preliminary injunction against the Federal Contractor Vaccine Mandate. 

So, the three states, Kentucky, Ohio, and Tennessee halted the mandate. Then, on December 7, 2021, a Georgia district judge published a nationwide injunction stopping the Biden administration’s COVID-19 vaccine mandate. 

This led to a nationwide halt of rule in all 50 states. Ofcourse, following COVID protocols and vaccination is going on simultaneously. But, there’s no more mandate, and the timeline of January 18, 2022, will not be followed. It is pushed until April 2022, when the concerned authorities will take proper action and further notify.

The Final Judgment

Various states and authorities claimed that the decision was out of the power of the President. So, The judges at multiple courts stated that:

  • The Executive Order likely breaks the Tenth Amendment.
  • President surpassed his authority under the Federal Property and Administrative Services Act (FPASA).
  • Executive Order likely disobeys the Competition in Contracting Act (CICA).
  • Executive Order probably breaks the nondelegation doctrine. 

Response of Government

Earlier in 2021, the Biden Government increased the $15 minimum wage to federal Contract workers and assured their progress.  The President’s office stated that the vaccination mandate to safeguard the employees against the virus. But with all the retaliation, the coming months will witness litigations. As a result, the case’s new date is April 2022. Till then, the mandate is on hold.

Bottom Line

The advantages of federal Government contracting are impressive, and despite all the noise, the vaccination drive is for safety. The concern is if it’s a decision that President made or not? So, the decision is pending till April 2022. For now, the federal contractor’s vaccination mandate is on hold.

Linda Rawson, who is the founder of DynaGrace Enterprises (dynagrace.com), an 8(a) graduate and EDWOSB, contributed to the content of this blog. She is the founder of GovCon-Biz. For further information, please connect with Linda on LinkedIn, or contact her at (800) 676-0058 ext 101.

Please reach out to us at GovCon-Biz should you have any questions.

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