FRTIB: Update on implementation of Executive Order 14042 – OMB guidance on nationwide preliminary injunction

On December 7, 2021, the U.S. District Court for the Southern District of Georgia issued a nationwide preliminary injunction barring enforcement of the requirements of Executive Order 14042 in any state or outlying area of the United States.

It is important to note that this injunction and the injunction issued by the U.S. District Court for the Eastern District or Kentucky on November 20, 2021, are preliminary and may be supplemented, modified, or vacated, depending on the course of ongoing litigation. Given the uncertainty surrounding the court orders, this special notice and OMB guidance have been formulated to be applicable even if the existing court orders change or new orders are issued. 

Accordingly, FRTIB contractors with contracts that contain a clause implementing requirements of Executive Order 14042 are notified of the following:

The Government will take no action to enforce the clause implementing requirements of Executive Order 14042, absent further written notice from the agency, where the place of performance identified in the contract is in a U.S. state or outlying area subject to a court order prohibiting the application of requirements pursuant to the Executive Order (hereinafter, “Excluded State or Outlying Area”).  In all other circumstances, the Government will enforce the clause, except for contractor employees who perform substantial work on or in connection with a covered contract in an Excluded State or Outlying Area, or in a covered contractor workplace located in an Excluded State or Outlying Area.  A current list of such Excluded States and Outlying Areas is maintained at https://www.saferfederalworkforce.gov/contractors/