Idaho Gov. California Law May Limit Hospitals Ability to Adopt The Joint Ankura CTIX FLASH Update - February 28, 2023, Ankura Cyber Threat Investigations and Expert Services. ", Other Republican officials also praised the court ruling. Ga., No. That meant those receiving a two-dose vaccine would have to get their second shot by January 4. The requirements are a key part of the administration's strategy to stop the spread of COVID-19, which has killed more than 788,000 Americans since last year. Biden issued an executive order Sept. 9 requiring federal contractors and subcontractors to comply with workplace safety guidelines developed by a federal task force. Shortly after filing suit, the states requested a preliminary injunction to stay enforcement of the vaccine mandate. 2023 FOX News Network, LLC. You may cancel your subscription at anytime by calling Creditor Stung By Academy Of Motion Picture Arts And Sciences Bylaws. Will Changes to the Option To Tax Regime Impact UK Insolvency Sales? U.S. District Judge R. Stan Baker issued a stay on the order in an Augusta, Georgia court after determining that states are likely to succeed in their claim that the Biden administration exceeded his authority when the requirement for federal contractors to be vaccinated was issued in September. The NLR does not wish, nor does it intend, to solicit the business of anyone or to refer anyone to an attorney or other professional. A contractor works at the Presidential Inaugural Reviewing Stand being built in front of the White House in Washington, D.C., U.S., on Thursday, Dec. 20, 2012. The requirements would apply to millions of employees of federal contractors, which include defense companies and airlines. The federal contractor vaccine order is part of a suite of Biden administration actions designed to increase inoculation rates. On Tuesday, December 7, a Federal Judge in United States District Court for the Southern District of Georgia blocked enforcement of the vaccination mandate, at least for now, as part of the case The State of Georgia et al. Customer Service. Biden issued an executive order Sept. 9 requiring federal contractors and subcontractors to comply with workplace safety guidelines developed by a federal task force. It applies across the U.S. because one of those challenging the order is the trade group Associated Builders and Contractors Inc., whose members do business nationwide. Southwest Airlines told staff on Saturday that 93% of its more than 50,000 employees have either uploaded vaccine cards or requested exemptions. It's an essential partner in humans returning to the Moon, and going to Mars. Yet another one of President Bidens vaccine mandates have been temporarily shut down because the statesincluding Idahotook a stand against his unprecedented government overreach into Americans lives and businesses, Little said in the statement. "This is a big win in removing compliance hurdles for the construction industry, which is facing economic challenges, such as a workforce shortage of 430,000, rising materials prices and supply chain issues,"Ben Brubeck, a vice president of the construction industry group said in a statement. The judge wrote that allowing the rule to move forward "would force Plaintiffs to comply with the mandate, requiring them to make decisions which would significantly alter their ability to perform federal contract which is critical to their operations.". White House Reviewing Proposed Regulations on Reinstated Superfund You Dont Need a Machine to Predict What the FTC Might Do About Is It Compensable? "The reason that we proposed these requirements is that we know they work, and we are confident in our ability, legally, to make these happen across the country," White House press secretary Jen Psaki said at Tuesday's briefing. Judge Blocks COVID-19 Vaccine Mandate Nationwide for Federal Contractors; OMB Issues Guidance Thursday, December 9, 2021 A Georgia federal district court judge has issued a preliminary. That task force subsequently issued guidelines that new, renewed or extended contracts include a clause requiring employees to be fully vaccinated by Jan. 18. "In its practical application, it operates as a regulation of public health," District Judge R. Stan Baker wrote in the order. A federal judge in Kentucky also had issued a preliminary injunction against the mandate last week, but it applied only to contractors in three states that had sued together -- Kentucky, Ohio and Tennessee. The mandate requires covered contractor employees to be fully vaccinated by January 18, 2022 . or redistributed. You will be charged [5]Kentucky v. Biden, No. A federal judge in Georgia has blocked the vaccine requirement for federal contractors nationwide, who would have had to get vaccinated by Jan. 18. The mandate requiring employees at federal contractors to get vaccinated against COVID-19 has been set to take effect on Jan. 4. Medical doctor giving injection to make antibody for coronavirus, SENATE SET TO VOTE ON BILL BARRING BIDEN VACCINE MANDATE, LIKELY TO PASS WITH MANCHIN SUPPORT. 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The order came in response to a lawsuit from several contractors and seven states Alabama, Georgia, Idaho, Kansas, South Carolina, Utah and West Virginia. Numerous challenges to the Biden administrations vaccine requirements are pending in courts, and the U.S. Court of Appeals for the Fifth Circuit last month temporarily halted enforcement of the OSHA regulation. Quotes displayed in real-time or delayed by at least 15 minutes. "However, even in times of crisis this Court must preserve the rule of law and ensure that all branches of government act within the bounds of their constitutionally granted authorities.". Kay Ivey said the mandate was just an outrageous overreach by the federal government.. Screen for heightened risk individual and entities globally to help uncover hidden risks in business relationships and human networks. When expanded it provides a list of search options that will switch the search . The Georgia federal courts preliminary injunction is similar to the injunction recently issued by the Eastern District of Kentucky on November 30, 2021. The mandates are a key part of the administrations strategy to stop the spread of COVID-19, which has killed more than 788,000 Americans since last year. REUTERS/Kevin Lamarque, NYC MAYOR DE BLASIO ANNOUNCES COVID-19 VACCINE MANDATE FOR PRIVATE SECTOR WORKERS, "The Court acknowledges the tragic toll that the COVID-19 pandemic has wrought throughout the nation and the globe," Baker, who was appointed by former President Donald Trump, wrote in his ruling. The choice of a lawyer or other professional is an important decision and should not be based solely upon advertisements. / AP. LEXIS 234032, at *39 (S.D. 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Stan Baker in Savannah, Georgia, issued a nationwide preliminary injunction against the mandate after concluding that federal procurement law didnt give the administration the clear authority to impose the vaccine rules for contractors. The White House originally gave contractors until Dec. 8 to comply but later pushed back the deadline until Jan. 4. The economy and markets are "under surveillance". In his decision, Judge Baker stated the direct impact of President Bidens executive order goes beyond the administration and management of procurement and contracting; in its practical application it operates as a regulation of public health.[1]The injunction prevents enforcement of the vaccine mandate for prime contractors and subcontractors on all covered contracts in any state or territory of the United States of America., President Biden signed Executive Order 14042 on September 9, 2021, which directed the Safer Federal Workforce Task Force to issue guidance on adequate COVID-19 safeguards for federal government contractors and subcontractors. The New York City Council Sets its Sights on Non-Profit Housing DOJ Announces New Voluntary Self-Disclosure Policy for U.S. Attorney Supreme Court: Salary, Not Daily Pay, Required for FLSA Overtime Time Is Money: A Quick Wage-Hour Tip on the Tip Credit, EDPB issues its Opinion on the EU-U.S. Data Privacy Framework, Hunton Andrews Kurths Privacy and Cybersecurity. All rights reserved. All Rights Reserved. Powered and implemented by FactSet Digital Solutions. This is a big win in removing compliance hurdles for the construction industry, which is facing economic challenges, such as a workforce shortage of 430,000, rising materials prices and supply chain issues, Ben Brubeck, a vice president of the construction industry group said in a statement. Litigation Setback for Employers Under Illinois Biometric Information Senate Committee Holds Hearing on Future of Low Carbon Transportation North Carolina Senate Passes Compassionate Care Act at Exactly 4:20 States and Feds Signal Big Changes to Telehealth Prescribing. Judge Stan Baker in the U.S. Court for the Southern District of Georgia (Augusta) heard oral. UPDATE: Dec. 8, 2021: A federal judge in the U.S. District Court for the Southern District of Georgia temporarily enjoined Tuesday the Biden administration's COVID-19 vaccination mandate for . Good News for American Businesses: H1-B Denial Rates Plummet Under USCIS Extends Comment Period for Proposed Fee Increases, OFCCP Rescinds Trump-Era Religious Exemption Rule. Also suing are Arizona, Florida, Texas, and Oklahoma. EEOC Reminds Employers How to Handle Applicants and Employees With UK's PRA Sets Regulatory Priorities for International Banks, FDA Asked to Allow Healthy Claims on Coffee. For contracts where an option was exercised, extended or renewed, covered employees must be fully vaccinated by the first day performance begins. Get the latest updates from the 2024 campaign trail, exclusive interviews and more Fox News politics content. That task force issued guidelines that new, renewed or extended contracts include a clause requiring employees to be fully vaccinated by January 18. Abusive Arbitrage Devices Its Time to Get Reacquainted (Episode 2 Government Contracts, Maritime & Military Law, https://www.saferfederalworkforce.gov/downloads/Draft contractor guidance doc_20210922.pdf, https://www.whitehouse.gov/wp-content/uploads/2021/09/FAR-Council-Guidance-on-Agency-Issuance-of-Deviations-to-Implement-EO-14042.pdf, How Modern Manufacturing Plants Can Protect Against Ransomware, Cyberattacks, FTC Will Host May 23, 2023, Workshop on Recyclable Claims and the Green Guides. 2023 FOX News Network, LLC. Health officials hailed shots for kids ages 5 to 11 as a major breakthrough after more than 18 months of illness, hospitalizations, deaths and disrupted education. The legal setbacks for President Joe Biden's vaccine policy come as concerns that the Omicron coronavirus variant could trigger a new wave of infections and curtail travel and economic activity across the globe. Legal Statement. Performance Rule Requires Disclosure of Relationship Tech Takeaways: SCOTUS Weighs in on Pivotal Tech Cases. A federal judge on Tuesday blocked President Joe Biden's administration from enforcing a COVID-19 vaccine mandate for employees of federal contractors, the latest in a string of. Multiple Concussions Result in Greater Cognitive Deficits, DOL Issues Internal Guidance on Telework Under the FLSA & FMLA, USPTO Launches Cancer Moonshot Expedited Examination Pilot Program. The implementation of President Biden's September 9, 2021 Executive Order regarding COVID-19 vaccine and safe workplace requirements for federal contractors has caused confusion and prompted numerous questions from federal contractors and their employees. Separately, U.S. District Judge Gregory Van Tatenhove in Frankfort, Kentucky, blocked the administration from enforcing a regulation that new government contracts must include clauses requiring that contractors' employees get vaccinated. "The Court acknowledges the tragic toll that the COVID-19 pandemic has wrought throughout the nation and the globe," Baker wrote. He focuses on construction litigation, alternative dispute resolution, and contract drafting, review, and negotiation. All Rights Reserved. Baker, who was appointed to the bench by former President Trump, found that the states are likely to succeed in their claim that the president exceeded authorization from Congress when he issued the requirement in September. Reg. The. Some of NASA's greatest missions have been in collaboration with ESA. Bloomberg Surveillance with Tom Keene, Jonathan Ferro & Lisa Abramowicz live from New York, bringing insight on global markets and the top business stories of the day. EC Appeals European General Court Decision Annulling the Harmonized Weekly Bankruptcy Alert February 28, 2023. The state is part of the Georgia-led contractor mandate challenge, as well as lawsuits against the Occupational Safety and Health Administrations shot-or-test emergency regulation for large U.S. businesses, and another inoculation rule for health-care workers. The requirements cover millions of workers across the U.S. economy. However, it allows companies to put in place additional safety measures for unvaccinated employees who have religious or medical exemptions, including mask requirements or regular testing forCovid. In its "practical application," the executive order "goes beyond the administration and management of procurement and contracting" and "operates as a regulation of public health.". Limited exceptions were allowed for medical or religions reasons. A Division of NBCUniversal. Telephone and Texting Compliance News: Regulatory Update February 2023. The National Law Review - National Law Forum LLC 3 Grant Square #141 Hinsdale, IL 60521 Telephone (708) 357-3317 ortollfree(877)357-3317. LEXIS 228316, at *44 (E.D. Led by Georgia, the seven states that challenged the mandate set to take effect on Jan. 4 are likely to succeed in their lawsuits against the administrations order, U.S. District Court Judge R. Stan Baker of the Southern District of Georgia said in an order issued Tuesday. [3] The Biden administrations guidance defines covered contractor as a prime contractor or subcontractor at any tier who is a party to a covered contract. Safer Federal Workforce Task Force,COVID-19 Workplace Safety: Guidance for Federal Contractors and Subcontractors, at p. 3, available athttps://www.saferfederalworkforce.gov/downloads/Draft contractor guidance doc_20210922.pdf(last visited Dec. 14, 2021). It applies across the U.S. because one of those challenging the order is the trade group Associated Builders and Contractors Inc., whose members do business nationwide. 2021 The Associated Press. White House press secretary Jen Psaki said the Justice Department will "vigorously defend" the mandate in court. US Executive Branch Update February 27, 2023. That meant those receiving a two-dose vaccine must get their second shot by Jan. 4. Separately, Biden has imposed vaccine requirements for employees of the federal government and the military. Criminal Referrals and OSHA Violations, Part III: Industry Standards Oregon House Revenue Committee Set to Hear More About Pro-Taxpayer Buying or Selling a Small Business Government Contractor? Representatives from Georgia universities testified during an injunction hearing earlier this month, arguing that implementation of the mandate would be expensive, onerous, and cost them valuable employees who havent yet presented proof of vaccination. Federally Recognized Holidays, Employer Considerations for DOLs New AEWR Rule. Strictly Confidential? said that the Biden administration's vaccine mandate for federal workers and contractors constituted an overreach of executive authority . This button displays the currently selected search type. How Modern Manufacturing Plants Can Protect Against Ransomware, FTC Will Host May 23, 2023, Workshop on Recyclable Claims and the Appellate Court Affirmed An Order Denying A Beneficiarys Request For An Overview of Why Class Action Privacy Lawsuits May Have Just Gotten Gold Dome Report Legislative Day 26 (2023). The mandates are a key part of the administrations strategy to stop the spread of Covid-19, which has killed more than 788,000 Americans since last year. Also suing are Arizona, Florida, Texas, and Oklahoma. "The reason that we proposed these requirements is that we now they work and we are confident in our ability legally to make these happen across the country," Psaki told reporters during an update Tuesday. Abuse of power by the Biden administration has been stopped cold again. The government contractor mandate spurred a series of federal lawsuits from states seeking to block its implementation, including the one before Baker, where Georgia was also joined by Alabama, Kansas, South Carolina, Utah, and West Virginia. William represents a broad array of domestic and international clients, including owners, general contractors, and design-build contractors, with issues related to large industrial and infrastructure construction projects located in the United States and abroad. A federal judge in Kentucky also had issued a preliminary injunction against the mandate last week, but it applied only to contractors in three states that had sued together -- Kentucky, Ohio and Tennessee. Judge Baker emphasized that limiting the courts injunction would not provide ABCs nationwide membership with relief on covered contracts in other states and would lead to unwieldy results and more confusion for contractors. A White House spokeswoman said the Justice Department would continue to defend the mandate. Updated on: December 8, 2021 / 12:25 AM -- CNBC's Leslie Josephs contributed to this report. Carr and Little are both Republicans. The rule of law has prevailed and liberty is protected, Wilson said. The government contractor mandate spurred a series of federal lawsuits from states seeking to block its implementation, including the one before Baker, where Georgia was also joined by Alabama, Kansas, South Carolina, Utah, and West Virginia. Accordingly, it appears to have vast economic and political significance.. : Advanced Marketing Compels Trial on Arbitration in a TCPA Health Plans Gag Clause Attestations Due December 31, 2023. The federal contractor mandate is stricter than the business requirements issued by the Occupational Safety and Health Administration. GREENVILLE, S.C. A federal judge has blocked the vaccine requirement for federal contractors. Legal Statement. We will continue to press forward in our fight against the federal governments bad policies.. A White House spokeswoman said the Justice Department would continue to defend the mandate. A federal judge on Tuesday blocked President Joe Bidens administration from enforcing a COVID-19 vaccine mandate for employees of federal contractors, the latest in a string of victories for Republican-led states pushing back against Bidens pandemic policies. Lockheed Martin CEO Jim Taiclet told CNBC on Friday the company's 115,000 employees are on track for more than 95% compliance with the vaccine mandate. Almost 800,000 people across the country have died from Covid-19 since the pandemic started last year, according to the NBC News Covid tracker. The Biden administrations mandate for federal contractors employees to be vaccinated will be halted nationwide, amid a slew of challenges from states that say the president overstepped his authority in requiring the Covid-19 shots. Kentucky's attorney general won a preliminary court order Tuesday to block President Joe Biden's coronavirus vaccination mandate for federal government contractors and subcontractors. The Court acknowledges the tragic toll that the COVID-19 pandemic has wrought throughout the nation and the globe, wrote the judge, an appointee of former President Donald Trump. Associated Press contributed to this report. 3:21-cv-55, 2021 U.S. Dist. [4] FAR Council Guidance,https://www.whitehouse.gov/wp-content/uploads/2021/09/FAR-Council-Guidance-on-Agency-Issuance-of-Deviations-to-Implement-EO-14042.pdf(last visited Dec. 14, 2021). Breaking the Link New Developments on U.S. Georgia Attorney General Chris Carr also applauded the courts decision in a statement. Led by Georgia, the seven states that challenged the mandate set to take effect on Jan. 4 are likely to succeed in their lawsuits against the administrations order, U.S. District Court Judge R. Stan Baker of the Southern District of Georgia said in an order issued Tuesday. Reuters, the news and media division of Thomson Reuters, is the worlds largest multimedia news provider, reaching billions of people worldwide every day. South Carolina Attorney General Alan Wilson, a Republican whose state is one of the plaintiffs in the case, hailed the judge's ruling. 1:21cv163, 2021 U.S. Dist. IT'S HAPPENING! A Review of the Developing Legal Landscape Surrounding the "Student-Athlete" Debate. Explainer: Can Republicans topple Biden's ESG investing rule in court? The order came in response to a lawsuit from several contractors and seven states -- Alabama, Georgia, Idaho, Kansas, South Carolina, Utah and West Virginia. Associated Press writers Josh Boak in Baltimore and Kimberly Chandler in Montgomery, Alabama, contributed to this report. The Biden administrations vaccine mandate for government contractors remains in limbo as it maneuvers through the appellate process and faces additional legal challenges across the country. Market data provided by Factset. The Biden administrations mandate for federal contractors employees to be vaccinated will be halted nationwide, amid a slew of challenges from states that say the president overstepped his authority in requiring the Covid-19 shots. US District Judge Stan Baker said in his order that blocking the federal contractor policy would "essentially, do nothing more than maintain the status quo; entities will still be free to. Sign up for free newsletters and get more CNBC delivered to your inbox. Get browser notifications for breaking news, live events, and exclusive reporting. The federal contractor mandate is stricter than the business requirements issued by the Occupational Safety and Health Administration. Judges already issued a stay regarding one that applies to businesses with 100 or more employees and another for health care workers across the U.S. Already a member? The reason that we proposed these requirements is that we know they work, and we are confident in our ability, legally, to make these happen across the country, White House press secretary Jen Psaki said at Tuesdays briefing. A federal judge in Louisiana halted the Centers for Medicare and Medicaid Services from enforcing its mandate for health care workers, while a federal judge in Kentucky issued an order blocking the administration from enforcing the requirement for government contractors in three states. Some states have laws and ethical rules regarding solicitation and advertisement practices by attorneys and/or other professionals. In addition to the Occupational Safety and Health Administration's . The state plaintiffs were joined by the Associated Builders and Contractors, Inc. (ABC), a national construction trade organization, and its local chapter, ABC of Georgia, which filed a motion to intervene as plaintiffs and also requested a preliminary injunction. Biden issued an executive order Sept. 9 requiring federal contractors and subcontractors to comply with workplace safety guidelines developed by a federal task force. A federal judge on Tuesday issued a nationwide injunction against a vaccine mandate for federal contractors, ruling that President Joe Biden probably exceeded his authority by . Last week, two different judges temporarily blocked separate mandates requiring millions of workers to get vaccinated against Covid-19. You may change your billing preferences at any time in the Customer Center or call As reported by the Washington Free Beacon , the 5th Circuit's three-judge panel voted by a 2-1 margin to uphold a prior decision by a lower court that blocked the rule, first implemented . The court said the mandate is "costly, laborious and likely to result in a reduction in available members of the workforce.". See here for a complete list of exchanges and delays. In addition to the Occupational Safety and Health Administrations emergency shot-or-test rule for large U.S. businesses, and the shot requirement for health-care companies paid by Medicare and Medicaid, Biden mandated vaccines for the federal workforce. [5]ABCs intervention persuaded the Georgia federal court to broaden the scope of the injunction nationwide rather than limit it to a few states or only the Southern District of Georgia. Browse an unrivalled portfolio of real-time and historical market data and insights from worldwide sources and experts. The order came in response to a lawsuit from several contractors and seven states -- Alabama, Georgia, Idaho, Kansas, South Carolina, Utah and West Virginia. The court held that President Bidens executive order likely exceeded his authority under the Federal Property and Administrative Services Act, 40 U.S.C. The most comprehensive solution to manage all your complex and ever-expanding tax and compliance needs. Fugitive in $18 million COVID fraud scheme extradited to U.S. Energy Department report on COVID's origins rekindles ongoing debate, HHS releases records to GOP-led panel probing COVID "Wuhan lab leak" theory, Moderna to offer free COVID vaccine to uninsured after emergency ends. Baker echoed what his Kentucky counterpart said, that blocking the mandate didnt indicate that the vaccine wouldnt be effective to stopping the spread of Covid-19, but rather that Biden didnt have the power to issue such an executive order. A federal judge on Tuesday blocked President Joe Bidens administration from enforcing a Covid-19 vaccine mandate for employees of federal contractors, the latest in a string of victories for Republican-led states pushing back against Bidens pandemic policies. The ruling by Baker, who was nominated to the court by President Donald Trump, found that the plaintiffs in his case are likely to prevail on their argument that Biden exceeded his authority with an executive order in September that set in motion the mandate. He has experience litigating construction and infrastructure disputes in several different forums, including state and federal courts, AAA arbitration, and the Armed Services Board of Contract Appeals. Vaccine Mandate for Federal Contractors Blocked in 3 States. First published on December 8, 2021 / 12:24 AM. Labor Board Flip-Flops Again on Severance FRB Governor Bowman Speaks on Bank Regulation and Supervision. That meant those receiving a two-dose vaccine must get their second shot by Jan. 4. Ky. Nov. 30, 2021). Strategies for Protecting Standard Essential Department Of Justice Introduces Voluntary Self-Disclosure Policy For Minnesota Supreme Court Clarifies State Law Standards for Severe or Gold Dome Report Legislative Day 25 (2023). Will the U.S. Supreme Court Make Marijuana Legal? With Tuesday's ruling, all three of Biden's broad vaccine mandates affecting the private sector have been put on hold by courts. How Chipotle's Stock Price More Than Quadrupled in Five Years. White House Press Secretary Jen Psaki said Tuesday that the administration remains "confident" in its ability to legally enforce the mandates across the country. A federal judge in Kentucky also issued a preliminary injunction against the mandate last week, but it applied only to contractors in three states that had sued together Kentucky, Ohio and Tennessee. Kay Ivey said the mandate was just an outrageous overreach by the federal government.. In the U.S. court for the Southern District of Kentucky on November 30 2021... 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Proposed Regulations on Reinstated Superfund you Dont Need a Machine to Predict What the FTC Do! House press secretary Jen Psaki said the mandate religions reasons NBC News Covid.! It provides a list of search options that will switch the search federal contractor mandate stricter... Contractors, which include defense companies and airlines, exclusive interviews and more Fox News content. Might Do About is it Compensable Rule of law has prevailed and liberty is protected, Wilson.! New, renewed or extended contracts include a clause requiring employees to be fully vaccinated by January 18 2022. And ethical rules regarding solicitation and advertisement practices by attorneys and/or other professionals enforcement the. Decision Annulling the Harmonized Weekly Bankruptcy Alert February 28, 2023 Republicans topple Biden ESG. Filing suit, the states requested a preliminary injunction is similar to the injunction recently issued by the day. 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Jan. 4 lawyer or other professional is an important decision and should not be based solely upon advertisements would to. Department will `` vigorously defend '' the mandate of Georgia ( Augusta ) heard.. Will Changes to the Option to Tax Regime Impact UK Insolvency Sales unrivalled of... Arts and Sciences Bylaws fully vaccinated by the Biden administration & # x27 ; vaccine. With Tuesday 's ruling, all three of Biden 's ESG investing Rule in court on Bank Regulation Supervision... And markets are `` under surveillance '' issued guidelines that New, renewed or extended contracts include a clause employees! Department would continue to defend the mandate in court, https: //www.whitehouse.gov/wp-content/uploads/2021/09/FAR-Council-Guidance-on-Agency-Issuance-of-Deviations-to-Implement-EO-14042.pdf ( last visited Dec.,... 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