DATE: December 10, 2021

Nationwide Preliminary Injunction on Vaccine Mandate for Federal Contractor Employees

TO: HCAs/Procurement Directors/Contracting Officers FROM: Director Contract and Financial Assistance Policy Division Office of Policy Office of Acquisition Management

SUMMARY: This Flash’s attachment contains a time-sensitive communication regarding implementation of Executive Order 14042 from the Office of Management and Budget (OMB).

On December 1, 2021, OMB issued initial guidance on implementing requirements of Executive Order 14042 while ensuring compliance with a court order covering the States of Kentucky, Ohio, and Tennessee. That guidance has been rescinded. Since the issuance of that initial guidance, another court has issued a nationwide injunction—an order that bars enforcement of the Executive Order in any state or outlying area of the United States. Both court orders are preliminary and may be supplemented, modified, or vacated, depending on the course of ongoing litigation. Given the uncertainty surrounding the court orders, OMB has formulated this updated guidance to be applicable even if the existing court orders change or new orders are issued.

Contracting Officers must follow the instructions provided in this updated guidance (which supersedes the previous guidance provided by Policy Flash 2022-12) to ensure compliance with currently applicable court orders. The attached guidance permits agencies to make the required notifications to existing contractors by posting the information in a centralized location monitored by contractors, rather than making individual notifications. Accordingly, DOE has elected to post a consolidated notice on sam.gov that will satisfy the notification requirement.

Contracting Officer Questions concerning this policy flash should be directed to the Contract and Financial Assistance Policy Division at DOE_oapmpolicy@hq.doe.gov