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Three states - at a time? Interesting . . . 

"The Biden administration's COVID-19 vaccination requirement for federal contractors received another blow from US District Judge Gregory Van Tatenhove, who granted a request Tuesday to block the federal mandate in three additional states: Kentucky, Ohio, and Tennessee."

Judge Blocks Biden COVID-19 Vaccine Mandate for Federal Contractors (businessinsider.com) 

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On 12/2/2021 at 4:13 PM, ji20874 said:

I'm glad the court did a three state ban rather than a national ban.  It shows restraint that the court limited its ban to parties in dispute.  Good for that court.  

Good observation.

Nationwide (national) injunctions by district courts seem to have become more popular since 2016. (I wonder why?) So why didn't the court issue one in this case? The judge explains his decision to limit his preliminary injunction in pages 27 and 28 of his decision.

https://cdn.cnn.com/cnn/2021/images/11/30/commonwealth_of_kentucky_et_al_v_biden_et_al__kyedce-21-00055__0050.0.pdf

For a definition of injunction, see Black's Law Dictionary:

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injunction (in-jəngk-shən) n. (16c) A court order commanding or preventing an action. • To get an injunction, the complainant must show that there is no plain, adequate, and complete remedy at law and that an irreparable injury will result unless the relief is granted. — Also termed writ of injunction; equitable injunction. See IRREPARABLE-INJURY RULE.

The entry goes on to list 25 types of injunctions, including preliminary injunction:

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preliminary injunction. (1828) A temporary injunction issued before or during trial to prevent an irreparable injury from occurring before the court has a chance to decide the case. • A preliminary injunction will be issued only after the defendant receives notice and an opportunity to be heard. — Also termed interlocutory injunction; temporary injunction; provisional injunction; injunction pendente lite. Cf. ex parte injunction; TEMPORARY RESTRAINING ORDER.

For general background information about preliminary injunctions, temporary restraining orders, temporary injunctions, and permanent injunctions, go to:

https://www.law.cornell.edu/wex/injunction.

See also Rule 65 of the Federal Rules of Civil  Procedure:

https://www.law.cornell.edu/rules/frcp/rule_65.

Curious about how mere district court judges can issue nationwide injunctions? For an informative discussion of nationwide injunctions, go to Judicature and read "One for all: Are Nationwide injunctions legal?" by Amanda Frost and Samuel Bray.

https://judicature.duke.edu/articles/one-for-all-are-nationwide-injunctions-legal/

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On 12/4/2021 at 9:12 AM, Vern Edwards said:

Curious about how mere district court judges can issue nationwide injunctions? For an informative discussion of nationwide injunctions, go to Judicature and read "One for all: Are Nationwide injunctions legal?" by Amanda Frost and Samuel Bray.

https://judicature.duke.edu/articles/one-for-all-are-nationwide-injunctions-legal/

Thanks Vern.  This is a really interesting and informative read

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About an hour ago:

"A federal judge in Georgia issued a nationwide injunction that prevents the U.S. government from enforcing a COVID-19 vaccine mandate on federal contractors, temporarily shutting down the last remaining vaccine requirement by the Biden administration."

Judge Blocks COVID-19 Vaccine Mandate For Federal Contractors (claimsjournal.com)

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Confusion. Contradiction.  Bad Faith. Unfair Dealing*.  Constitutional Overreach. Professional Embarrassment.   Who could have guessed?

On 10/8/2021 at 1:50 PM, REA'n Maker said:

  I predict this ends badly.

 🙄

 

(* We were told that if the contractor won't sign a bilateral mod, the CO must add it unilaterally.)

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36 minutes ago, REA'n Maker said:

(* We were told that if the contractor won't sign a bilateral mod, the CO must add it unilaterally.)

By what authority was that? 

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Wondering about those contracts where the parties agreed to incorporate the vaccine mandate clause (or where the mandate clause was added unilaterally). Can that clause be enforced, given the injunction?

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26 minutes ago, here_2_help said:

Wondering about those contracts where the parties agreed to incorporate the vaccine mandate clause (or where the mandate clause was added unilaterally). Can that clause be enforced, given the injunction?

Both the injunction coming out of the Eastern District of Kentucky and the injunction coming out of the Southern District of Georgia enjoin enforcing the clause.

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Keep in mind that the injunctions issued by the two courts were preliminary, not permanent. According to the most recent decision, the government has been enjoined from "enforcing... the mandate..." I'm not sure whether that means enjoined from inserting the clause, enforcing the clause, or both.

Stand by for instructions from your superiors. Until you get them, keep doing what you were instructed to do.

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19 minutes ago, Contracting Universe said:

 

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If the contract includes a clause requiring compliance with guidance issued by the Safer Federal Workforce Task Force (“Task Force guidance”), the administering agency must take no action to enforce that clause and should inform the contractor that the clause will not be enforced absent further notice from the agency.

If the contract or order does not include a clause requiring compliance with Task Force guidance, the administering agency must refrain from attempting to insert such a clause into the document. The agency should not ask that the contractor voluntarily agree to the insertion of such a clause.

And everyone breathed a sigh of relief.

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4 hours ago, REA'n Maker said:

We were told that if the contractor won't sign a bilateral mod, the CO must add it unilaterally.)

 

3 hours ago, joel hoffman said:

By what authority was that? 

I only meant by what authority would require or authorize the government to issue a unilateral mod if a contractor wouldn’t agree to a bilateral mod for those existing contracts where the government was instructed to bilaterally add the clause. For those contracts, I believe that the additional requirements are out of scope.

But the follow on discussions are good info.
 

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4 hours ago, ji20874 said:

I really think contracting officers need to follow the direction of their superiors.

As long as it doesn't violate something a superior has no oversight of, I agree in most situations. 

The one I would not (we all been there) is when the superior wants to go about something a different way than the CO who sees a problem with it (procurement strategy/evaluation method/SS awards/etc.). It’s my name on the end product and I value that over a superior’s approval.

I think an amendment to the statement makes it universal:

“I really think contract specialist need to follow the direction of their superiors.”

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14 hours ago, Constricting Officer said:

“I really think contract specialist need to follow the direction of their superiors.”

 

13 hours ago, ji20874 said:

I really think contracting officers need to follow the direction of their superiors.

The point being the superior for this particular discussion being the agency head!  Ref. FAR 1.602.

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