Newsline

On May 9, 2023, President Joe Biden signed an executive order, Moving Beyond COVID-19 Vaccination Requirements for Federal Workers, that revoked executive orders 14042 and 14043 effective 12:01 a.m. ET on May 12, 2023. The Safer Federal Workforce has made the following updates on its website with related guidance for contractors as of May 12, 2023:

• Effective May 12, 2023, all prior guidance from the Safer Federal Workforce Task Force implementing the requirements of Executive Orders 14042 and 14043. The FAR Council’s Sept. 30, 2021, guidance regarding deviations to the FAR to implement Executive Order 14042, has also been revoked.
• Updates have been made to FAQs on contractors, leave and vaccination.
• Updates have been made to the overview for federal contractors.

Background:

On May 1, 2023, President Joe Biden’s administration announced its intent to end certain COVID-19 vaccination requirements, including the mandate on federal contractors.

The Biden administration had already stopped enforcing these requirements due to a successful legal challenge led by ABC and seven states. On Aug. 26, 2022 the U.S. Court of Appeals for the 11th Circuit issued a decision narrowing the December 2021 nationwide preliminary injunction granted by the Georgia District Court to only ABC members who bid on federal contracts and the state plaintiffs in the case. However, the Biden administration later announced it would continue its pause on enforcement nationwide.

The 2021 injunction was a direct result of ABC intervening as the lone business group challenging the federal contractor vaccine mandate, along with the seven plaintiff state governments.