OK….button pushed:

 

When the OSHA rule came out, it was too late for employers (SUBJECT TO OSHA and CMS) to get people vaccinated by DEC 8 so the time frame was shifted.  AT THE SAME TIME the Taskforce guidance was altered to change the federal contractor date to January 18, 2022 for full vaccination status.

There was a federal judge in Louisiana who issued a stay for the OSHA and CMS rules.  Until Yesterday (Nov 30) the federal contractor requirement remained in place.  BTW – the injunction is only in Kentucky, Ohio, and Tennessee.  The rest of us are still on the hook for now and testing in lieu of the jab is not allowed under the guidance.  The hearing for Alabama is Friday.  Given our political bent in this state, I can already see what will happen.  So much for the unbiased judicial branch.  Also not to be overly prescriptive but the guidance says last shot by Jan 4 for full vaccination status as defined in the guidance by Jan 18.  If a journalist is going to report on a federal judge’s ruling then the story should be based on accurate information.

 

Since I got my law degree on google, I would be interested in exactly what constitutional right is being violated.  People use recent 14^th amendment rulings on personal choices in healthcare as a reason for saying a vaccine mandate is unconstitutional.  The recent 14^th amendment rulings suggest that it is ok for you to refuse medical treatment and kill yourself but so far I am not aware of any ruling that says you can refuse medical treatment and kill others.  In addition, just about every single state in the union has a vaccine mandate for any child attending public schools.  So what is unconstitutional and what is not?

 

Article 6 of the US constitution gives federal law supremacy over state law.  Presidential executive orders have the same force and effect as federal law.  We follow willingly lots of other federal executive orders so what makes this one any different in terms of its application as law?  State governments have police powers to enforce certain laws and EO’s if it is in the best interest of the state to do so such as in the case of a massive public health and economic crisis as we have seen during this pandemic.  Washington State did just that before the Biden EO was written and people have been fired for not complying.  What is unconstitutional about that?

 

And, the EO says nothing about mandating a vaccine just because the President wants it.  It says (I am paraphrasing) that if you as a contractor are going to accept federal contract money for work you are compelled to perform in a timely manner, then your workforce should not be hindered from performance such that the federal funding and federal agency are injured.  It is the opinion of multiple scientific scholars that vaccines prevent or inhibit infection and it has been that opinion for a very long time (ie polio, smallpox, measles, mumps, rubella, tuberculosis, tetanus, rabies, shingles, pneumonia, chickenpox, HPV, and so on…..)  The President’s EO simply recognizes what science has indicated and that is that vaccination is one way to prevent the spread of Sars CoV-2 and/or make any infection less deadly than without vaccination.  If you do not want to comply with the guidance then do not accept the federal funding.  There is nothing forced on us.  It is our choice.  Is the money important enough to us to comply or are we consumed with personal freedoms to the extent that we don’t want the federal funding?

 

Speaking of personal freedoms and the new “noone is gonna tell me what to do” mantra – we wear seatbelts, stop at redlights, wear shirts and shoes in restaurants, don’t shoot people, don’t hunt out of season, show up for work daily at the required time, don’t break into other people’s houses to take their uber nice TV  for ourselves, don’t beat children, don’t beat animals, don’t conduct human subjects research without proper approvals and consent, we file COI disclosures telling our employers about all our personal stuff in order to receive federal grants, take RCR training, file income taxes with the IRS by the deadline, sign up for the draft if male and of a certain age, don’t board airplanes without going through a security check and leaving our gun and chainsaw at home…….  This list may sound ridiculous but these are rules we follow everyday imposed on us by the government we elected to maintain order in our society.

 

The lawsuit in Kentucky says something to the effect that the president used an EO to bypass congressionally delegated authority to manage the procurement of goods and services.  UMMM……..  Does anyone really want a lesson in past EO’s and how many times we have had to jump through hoops to implement something absurd because of a presidential EO?  Really?  OMB, the FAR council and the civilian Agency Acquisition Council didn’t seem to have a problem with it; nor did the heads of several major funding agencies including some who took the rule even further - like Nasa.

 

All the lawsuit stuff going on is political BS and is distracting us all from our purpose of supporting our faculty, institutions, and funding agencies in advancing science and knowledge for the long term betterment of the human race.  Get the jab so the guidance becomes moot and let’s all move on to something really critical like effort reporting or the fact that remote work makes it virtually impossible to compete for new employees at those institutions who don’t have such a policy.…..

 

 

From: xxxxxx@lists.healthresearch.org <xxxxxx@lists.healthresearch.org> On Behalf Of Betcher, Gina
Sent: Wednesday, December 1, 2021 9:13 AM
To: xxxxxx@lists.healthresearch.org
Subject: [EXT] RE: [RESADM-L] Re: E.O. 14042(COVID Executive Order for FederalContractors)

 

CAUTION: Email Originated Outside of Auburn.

I’m pretty certain we may need to abide by the guidance provided by leadership at our prospective institutions.

 

From: xxxxxx@lists.healthresearch.org <xxxxxx@lists.healthresearch.org> On Behalf Of Melissa Montgomery
Sent: Wednesday, December 1, 2021 10:04 AM
To: xxxxxx@lists.healthresearch.org
Subject: RE: [RESADM-L] Re: E.O. 14042(COVID Executive Order for FederalContractors)

 

This email originated from outside ECU.

 

Thanks for adding the legal info!

 

From: xxxxxx@lists.healthresearch.org <xxxxxx@lists.healthresearch.org> On Behalf Of Mira Mihajlovich
Sent: Wednesday, December 1, 2021 8:21 AM
To: xxxxxx@lists.healthresearch.org
Subject: RE: [RESADM-L] Re: E.O. 14042(COVID Executive Order for FederalContractors)

 

I’ve not been following this thread and similar ones too closely, but in case legal cases haven’t been included in the discussion, a federal district court judge in KY granted an injunction yesterday for KY, OH, and TN. https://news.yahoo.com/kentucky-judge-blocks-biden-covid-223247582.html

 

Also, a similar suit was filed in late October in a federal district court in Georgia, but I haven’t a ruling. Participating states are GA, AL, ID, KS, SC, UT, and WV. Separate suits were filed in TX, FL, and MO.  https://www.natlawreview.com/article/federal-contractors-vaccine-mandate-what-government-contractors-need-to-know

In fact, several lawsuits have already been filed that challenge the constitutionality of E.O. 14042 and related federal contractor COVID-19 vaccine mandates, including several federal district court challenges from at least nineteen different states that could at any time result in these requirements being, at least temporarily, enjoined. See, e.g., State of Florida v. Nelson et al., Case No. 8:21-cv-02524; State of Georgia et al. v. Biden et al., Case No. 1:21-CV-00163; State of Missouri et al. v. Biden et al., Case No. 4:21-cv-01300; State of Texas v. Biden et al., Case No. 3:21-cv-00309; Commonwealth of Kentucky, et al. v. Joseph R. Biden, Case No. 3:21-cv-00055

 

Regards,

Mira

 

Mira Mihajlovich  CLEMSON UNIVERSITY

Research Development & Special Projects

College of Agriculture, Forestry and Life Sciences

104 Barre Hall

Clemson, SC  29634-0303

(Phone) 864-656-2014

https://www.clemson.edu/cafls/research/crd/request.html

 

“I support open inquiry, viewpoint diversity, and constructive disagreement in research and education.”

 

From: xxxxxx@lists.healthresearch.org <xxxxxx@lists.healthresearch.org> On Behalf Of Price, Linda
Sent: Tuesday, November 30, 2021 11:49 AM
To: xxxxxx@lists.healthresearch.org
Subject: RE: [RESADM-L] Re: E.O. 14042(COVID Executive Order for FederalContractors)

 

Hello all,

 

Just met with my HR VP to look at the EO and figure out how this applies to our campus.  I am coming back to this group for opinions. 

 

My understanding is that the OSHA rule is on hold, however, the EO is not so compliance is required by January 18, 2022. 

 

How are your campuses determining what this applies to?  We are not a heavy R&D school and currently do not have contracts that meet the Acquisition Threshold, but that can change at any time, right?  We are wanting to be prepared.

 

Since contracts are with the institution and not an individual, are you considering the entire employee workforce as covered, if not, how did you determine who is and who is not?

 

If you have ROTC programs, again, how are you determining who is covered?  Financial Aid, Financial Services, Accounts Payable, HR?

 

I look forward to your responses.

 

 

--

Linda Price  |  Director of Business Operations

Office of Business and Finance

ROSE-HULMAN INSTITUTE OF TECHNOLOGY

 

5500 Wabash Avenue  |  Terre Haute,  IN  47803-3999

Office: Moench A101 | Phone:  812.877.8165 |  Fax:  812.877.8194

xxxxxx@rose-hulman.edu

www.rose-hulman.edu

 

 

 

From: xxxxxx@lists.healthresearch.org <xxxxxx@lists.healthresearch.org> On Behalf Of Theodore Myatt
Sent: Friday, November 19, 2021 9:22 AM
To: Research Administration Discussion List <xxxxxx@lists.healthresearch.org>
Subject: Re: [RESADM-L] Re: E.O. 14042(COVID Executive Order for FederalContractors)

 

[External Sender]

Hi Bella:  

 

I haven't looked into this too carefully, but I believe the requirement is to flow down terms to subs if they exceed $250K and are within the US.

Ted

Ted Myatt, Sc.D.
Associate Vice President for Research Administration
Office of Sponsored Projects | Office of Research Integrity | Comparative Biology Resources Center
Division of Research and Economic Development
University of Rhode Island
70 Lower College Road, Kingston, RI 02881
Office: 401-874-2636    Cell: 401-489-8332
https://web.uri.edu/research-admin/

 

 

On Fri, Nov 19, 2021 at 8:57 AM Isabella S. Z. DiFranzo <xxxxxx@attainpartners.com> wrote:

The discussion and resources shared on this topic has been very helpful. Thanks for bringing up this topic Lisa.

 

One additional question – how do institutions handle consultants on federal contracts in relation to the FAR clause? Does your institution include the FAR clause into the consulting agreements?

 

Thanks!

Bella DiFranzo, MPA, CRA
Senior Consultant
p. 518.290.0176
e. xxxxxx@attainpartners.com

 

 

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