Airport Alert: GSA and DHS Suspend Actions to Enforce Executive Order on Federal Contractor Vaccine Mandate

December 9, 2021 

As previously reported, on December 7, 2021, the United States District Court for the Southern District of Georgia issued a preliminary injunction which halts enforcement of the vaccine mandate for contractors and subcontractors nationwide.  On December 8, the General Services Administration (GSA) and the Department of Homeland Security (DHS) issued guidance that suspended all federal action to enforce COVID safety protocols in contracts, task orders, or other contract-like instruments, such as other transaction agreements (OTAs). This judicial determination and subsequent federal guidance directly impact airports that were contemplating signing an amended OTA for legacy canine teams or a GSA lease agreement for TSA space. 

The GSA guidance provided further explanation of what it meant to "not enforce the vaccination requirements in FAR clause 52.223.99 Ensuring Adequate COVID-19 Safety Protocol for Federal Contractors". Specifically: 
1. Contractors and subcontractor employees do not have to meet the vaccination mandate in the Safer Federal Workforce Task Force Guidance.
2. Contractors will continue to be eligible for new contracts, new orders, options, and extensions even if they have not agreed to follow FAR clause 52.223.99. 

DHS' Chief Procurement Officer issued an industry-wide letter affirming that "DHS will take no action to enforce DHS FAR Class Deviation 22-01, Executive Order 14042, Ensuring Adequate COVID Safety Protocols for Federal Contractors in contracts, task orders, delivery orders or other contract-like instruments. At this time, all Government efforts to enforce the clause are suspended." The DHS Procurement Office provided the same guidance to its acquisition workforce. 

AAAE anticipates that the Justice Department will challenge this nationwide injunction, which means that the federal contractor vaccine mandate is blocked until another court rules otherwise.