On May 1, 2023, the Biden Administration announced its plan to issue an Executive Order in the coming days to rescind the existing executive order that imposes COVID vaccine requirements and safety protocols on federal contractors. Specifically, Executive Order 14042 on Ensuring Adequate COVID Safety Protocols for Federal Contractors will be rescinded effective May 12
COVID-19
Fastest 5 Minutes: False Claims Act, Emergency Contracting Measures


This week’s episode covers resolution of False Claims Act allegations relating to alleged payments in violation of the Anti-Kickback Act, cessation of certain emergency contracting measures deployed early in the COVID-19 pandemic, and DoD Instruction 8310.01 relating to DoD IT, and is hosted by Peter Eyre and Yuan Zhou. Crowell & Moring’s “Fastest 5 Minutes”…
Class (Deviations) Dismissed: Biden Administration Rolls Back COVID-19 Emergency Measures




On April 18, 2023, the Department of Defense (“DoD”) issued guidance to DoD contracting officers directing the cessation of certain emergency contracting measures utilized during the COVID-19 pandemic. Following the termination of the COVID-19 national emergency declaration through President Biden’s April 10, 2023 signing of H.J. Res. 7, DoD released a memorandum titled “…
Updated Guidance Suggests that Federal Government May Enforce Contractor Vaccine Mandate




The Safer Federal Workforce Task Force issued updated guidance for federal contractors on October 14, 2022, announcing that it will reevaluate enforcement of the federal contractor vaccine mandate and safety requirements issued under Executive Order 14042. This is the first pronouncement from the Task Force after it had indicated that it would not enforce the…
Fastest 5 Minutes: Disclosure of Workforce and Facilities in China, Vaccine Mandate, OFCCP


This week’s episode covers an interim rule requiring that certain entities disclose their use of workforce and facilities in China, an update on the contractor vaccine mandate, a notice from OFCCP regarding a FOIA request for contractors’ EEO-1 Reports, and an OFCCP Directive intended to clarify its earlier guidance addressing federal contractors’ obligation to evaluate…
Federal Government Will Not Enforce the Contractor Vaccine Mandate Absent Further Notice





On August 31, 2022, the Safer Federal Workforce Task Force announced that the Federal Government “will take no action to implement or enforce Executive Order 14042,” the contractor vaccine mandate, “to ensure compliance with an applicable preliminary nationwide injunction, which may be supplemented, modified, or vacated, depending on the course of ongoing litigation.”
This announcement…
Fastest 5 Minutes: Executive Orders, COVID Vaccine Update, Supply Chain, LPTA


This week’s episode covers a False Claims Act update from DOJ, DOD COVID-19 vaccination plan of interest to contractors, final rule on LPTA, a Commerce final rule on information and communications technology or services, and range of executive orders issued by President Biden, and is hosted by partner Peter Eyre and associate Rina Gashaw. Crowell …
Special Treatment—DoD’s Vaccination Distribution Plan for Some DoD Contractors


On January 7, 2021, Ms. Ellen M. Lord, on behalf of the Department of Defense (DoD) Office of the Undersecretary of Defense, issued a memorandum for the Defense Industrial Base (DIB) regarding the DoD COVID-19 Vaccine Allocation and Distribution Policy. This memo, along with the attached DoD guidance documents, the “Coronavirus Disease 2019 Vaccine Guidance”…
Section 3610 of the CARES Act Extended Until March 31, 2021






On Sunday, President Trump signed a combined COVID-Relief and Omnibus Spending Bill, The Consolidated Appropriations Act of 2021, which funds the Federal Government for FY 2021 and includes a variety of COVID-19-related relief measures. Among those measures, Section 1002 of the Act extends the reimbursement period for Section 3610 of the CARES Act, which…
PPP Borrowers May Require SBA Consent or Escrowing of PPP Loan Balance in Connection with “Change of Ownership” Transactions





On October 2, 2020 (almost two months after the August 10, 2020 commencement of the acceptance period for forgiveness applications), the Small Business Administration (SBA) released an SBA Procedural Notice (the “Notice”) concerning required procedures for change of ownership of an entity that has received PPP loans (the “PPP Borrower”). Under the Notice, SBA approval…