EO 14042: OMB Guidance Keeps Enforcement on Hold “At This Time”

On October 19, 2022, the U.S. Office of Management and Budget (OMB) published its first set of interim guidance for agencies regarding the Federal Government’s enforcement of Executive Order 14042 (“EO 14042”). In addition to reaffirming the Federal Government’s decision not to enforce any contract clauses implementing EO 14042, OMB’s guidance directs agencies not to include an implementing clause in any new contracts and solicitations.  

The OMB’s guidance follows an October 14, 2022, update from the Safer Federal Workforce Task Force (“Task Force”), which indicated that the Task Force and OMB will issue at least three guidance documents following the U.S. Court of Appeals for the Eleventh Circuit’s issuance of its mandate significantly narrowing the scope of the nationwide preliminary injunction of the EO 14042 vaccine mandate. Consistent with OMB’s guidance, the Task Force also published a complementary update on the same day.

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