As anticipated in our prior alerts, there have been continuing practical and legal challenges to implementing the Path Out of the Pandemic plan. This alert provides an update on the current status of challenges to OSHA’s Emergency Temporary Standard (ETS), Executive Order 14042 for federal contractors, and the Centers for Medicare and Medicaid Services (CMS)
Helping individuals, companies, and organizations understand key legal and practical considerations for promoting compliance and making better business decisions in these types of federal, state, and local government contracting matters MORE
White House Fact Sheet Results in Additional Questions for Government Contractors
On November 4, 2021, the White House released a fact sheet on the issuance of new OSHA ETS and CMS Rules and also addressed some changes to the previously announced EO 14042 federal contractor vaccination mandate. During last week’s White House press briefing, officials had suggested that the administration might at least delay implementation of…
Mandatory COVID-19 Vaccination Rule for Government Contractors Continues to Develop
We have previously reported on implementation issues arising from President Biden’s Path out of the Pandemic plan, which included issuance of Executive Order 14042, Ensuring Adequate COVID-19 Safety Protocols for Federal Contractors, the related Safer Workforce Task Force Guidance, and Federal Acquisition Regulation (FAR) Class Deviations.
Since our last report, several legal developments warrant…
Update on Vaccine Requirements and Roll Out of the Path out of Pandemic Plan
We have been answering a number of questions from clients regarding the nature and scope of the requirements for COVID vaccination, testing, masking and more. Our previous alert and blogs laid out the administration’s Path out of the Pandemic, the overarching directive outlining the federal government’s vaccination plan across government and industry sectors. This…
Biden’s Executive Order on Protecting Americans’ Sensitive Data from Foreign Adversaries
Published on June 9, 2021, President Biden’s Executive Order on Protecting America’s Sensitive Data from Foreign Adversaries is the latest Executive Order seeking to strengthen national security by improving public and private sector capabilities and practices relating to cybersecurity and supply chain risks. As explained in a previous article, the first such Executive Order addressed five main areas. The latest Executive Order focuses primarily on protecting against risks “associated with connected software applications that are designed, developed, manufactured, or supplied by persons owned or controlled by, or subject to the jurisdiction or direction of, a foreign adversary.” However, unlike prior Executive Orders on the topic, it expands the scope of threat actors to be addressed in future to include those “persons who engage in serious human rights abuse,” noting, “If persons who own, control, or manage connected software applications engage in serious human rights abuse or otherwise facilitate such abuse, the United States may impose consequences on those persons in action separate from this order.”
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