One good way to figure out what Joe Biden is doing is to look for a pattern. My assertion is that he using the power of contract to impose a vaccine mandate. My assertion is that he cannot simply issue a generalized vaccine mandate on all citizens because,
- he does not have such power
- he will be tied up in litigation as to his power to issue such order for ten or more years and
- He can accomplish the vaccine mandate thru the power of contract and can do so in such a way that he can bypass Congress, The Courts, and the people and Government of New Hampshire.
If I am right, I should see a concerted effort, across multiple layers of government, that follows this pattern. I believe I have.
Let’s begin by looking for that pattern in the JB executive order on federal contractors:
- JOE BIDENS EXECUTIVE ORDER 14042, DATED SEPTEMBER 9TH, 2021 ENTITLED “ENSURING ADEQUATE COVID SAFETY PROTOCOLS FOR FEDERAL CONTRACTORS”.
- Joe Biden issued two executive orders on September 9th, 2021. He issued the one noted above. He also issued a second one “REQUIRING CORNONAVIRUS DISEASE 2019 VACCINATION FOR FEDERAL EMPLOYEES.”
We want to thank David Werner for this Op-Ed. If you have an Op-Ed or LTE
you would like us to consider, please submit it to Editor@GraniteGrok.com.
In the latter, he was very clear that he was as President mandating vaccination for all federal employees. The language he used is very important in discerning the pattern I believe exists: His order, in part, says:
“SECTION 2. …each agency shall implement…a program to require COVID-19 vaccination for all of its employees…
This is clearly a direct order, issued by Joe Biden, mandating employees to get a COVID vaccine shot. There is no reference to contract; it’s just a direct order.
Compare that language to the language he uses in Executive Order for federal contractors:
“Executive departments and agencies…shall…ensure that contracts and contract-like instruments…include a clause… that the contractor and any subcontractors…shall incorprate into lower tier sub-contracts. This clause shall specify that the contractor or subcontrctor shall, for the duration of the contract, comply with all guidance for contractor or subcontractor workplace locations published by the safer federal workplace task force…
…SECTION 3…the federal acquisition regulatory council…shall amend the federal acqusition regulation to provide for inclusion in federal procurement solications and contracts…by october 8,2021…the clause…b..By october 8,2021, shall..Ensure that contracts and contract like instruments …that are entered on and after october 15th,2021,…include the clause described in 2(A) Of this order.”
Please notice the pattern. There is no direct order that employees of contractors or subcontractors be vaccinated. Instead, there is an order that every contract—every contract– involving the federal government must have a clause that imposes upon the contractor as well as his subcontractors, the duty to comply with the “Safer Federal Workplace Task Force” guidelines.
(Note: it is a fairly common practice for lawyers to draft a contract that incorporates by reference matters not set forth in the contract. The reason—over time you can amend or change the terms by changing the attachment, something that this pattern is specifically trying to do—see below)
The ”safer federal workforce task force” published it’s “guidance” pursuant to the joe biden executive order, on september 24, 2021. These guidelines make it a requirement that all federal contracts have the requirment that all employees of federal contractors, all employees of sub contractors be mandatorily vaccinated; Wear masks, and practice social distancing. It further defines a business that is covered as any business of any size, whether one employee of 10,000 matters not:
“federal contractors and sub contractors with a covered contract will be required to conform to the following workplace safety protocols…
1.COVID-19 vaccination of covered employees…
2. Compliance by individuals, including…employees and visitors, with guidance related to masking and physcial distancing…
3…the task force defined what contracts are required to be written to include these terms.The contracts that are covered are as follows:
“…proposed rule defines a contract or a contract like instrument as an agreement between two or more parties creating obligations that are enforceable …this includes…a mutually binding legal relationship obligating one party to furnish services(Including construction) And another party to pay for them…they include… any procurement actions,lease agreements,cooperative agreements,provider agreements,intergovernmental service agreements, service agreements,license, permits…whether entered into verbally or in writing….
…in addition to bilteral agreements, contracts include…awards or notice of awards; Job orders or task letters; Orders, purchase orders,exercised options contracts, bilateral contract modifications.”
The guidelines also define the employees subject to the mandate:
…” any full time or part time employee of a covered contractor working on or in connection with a covered contract or working in a covered workplace. This includes employees of covered contractors who are not themselves working on or in connections with a covered contract.
The task force defines “Fully vaccinated” as those who are 2 weeks post second dose…by one or more of the emergency use authorization vaccinations…
The guidelines go on to mandate that the employer is responsible for requiring the vaccination but also for inspecting the proof of vaccination cards issued to vaccinated employees; monitoring the wearing of masks; posting signs re mask and distancing protocols for all employees and visitors. Having prior immunity, antibodies is irrelevant and does not replace the requirement of vaccination.
The guidelines also mandate that all subcontractor’s contracts be subject to the same contractual requirements and impose the duty for policing the subcontractors on the contractor.
The guidelines apply to all businesses—big or small. The 100 employee reference by JB is a “head fake” and is not applicable. If a business has one employee but qualifies as a subcontractor, all the guidelines apply.
Of greatest interest: if the task force changes its guidelines, the updated guidelines are automatically incorporated into existing contracts that include the “Clause” referenced in Joe Biden’s Executive Order.
COMMENTS AND ANALYSIS:
It is my hope that you can readily see the pattern that JOE BIDEN is following to impose his power on the country. Compare the Executive Order applicable to federal employees to the one applicable to contractors. Joe Biden has the power to order mandatory vaccination on federal employees and he exercised that power with a direct order. No mention of contract or contract clauses.
But, he does not have the same power over non-federal employees who work for contractors or subcontractors. The only way he could impose the vaccine mandate on such folks was thru the power of the contract—if the contractor wants to do any work for the federal government, he has to enter a contract that includes his contractual obligation to comply with an open ended set of guidelineS published by the task force.
In short, JB could do to the contractors what he is doing to federal employees thru the power of the contract: same result. Different method.
Please note some matters of great importance:
First, note the way the “clause” is worded. The contractor must agree to comply with the task force guidelines. The way it’s set up, means that he/she must comply not only with current guidelines but when and if the task force chooses to change the guidelines – tomorrow, next week, next year, the contractor must still comply with them.
Suppose the task force decides that in addition to the two Pfizer jabs, a third or a fourth, or a fifth are needed. The way this clause/contract is worded, those subsequent changes are incorporated into the existing contract and the contractor and his subcontractor are now obligated to comply with the new guidance. That means Joe Biden’s order could live on for years and change whenever he feels like it.
Second, there is no legal challenge that I know of that would be effective to void “the clause.” Businesses don’t have to sign. They don’t have to contract. They enter the contract with their eyes wide open and voluntarily choose to sign. What law does that violate? What provision of the Constitution—federal or state—does it offend?
Third, if a state bans vaccine mandates, that has no effect on this provision. This is not a vaccine mandate. It is a contract that a business voluntarily signs.
Fourth, the type, nature, and size of the business affected are enormous. The guidelines apply to any business, any size. The contracts covered include written ones but also verbal ones, purchase orders, invoices—anything that is a contract.
Literally, if the manager of a federal office wants to buy lunch for his staff, the guy cooking the tacos in a roach coach is bound to comply with these guidelines. if he does not get vaccinated, no order can be made.
Final word:
Not sure how you take all this.
- I see it as the federal take over of America.
- The federal government is bypassing the Constitution of the USA; of New Hampshire.
- It is bypassing all laws, all protocols, and simply taking over.
And consider this rather chilling thought—what we are seeing is really a test case. If JB can impose a vaccine mandate on an enormous pool of businesses or all sizes and shapes, thru the simple effort of inserting a “clause” into contracts, what is to stop him—or future presidents– from using this template to impose other federal mandates on America. For example, consider what he might do to federally backed or insured mortgages: he could insert into every mortgage a clause that prohibits the homeowner from using fossil fuels; or another clause that requires the homeowner to donate half his land to HUD housing.
The point is that the tool now being used—the law of contract—is a power that will allow the federal government to impose upon America the entire Joe Biden/Kamala Harris/ Nancy Pelosi agenda in a way that bypasses the Constitution, Congress, the Courts, and our own state government.
And you ask:
Why then is our leadership drafting bills to ban vaccine mandates and not working on dealing with the takeover of New Hampshire by the use of federal contracts. Banning vaccine mandates will have zero effects on the contract that BAE, or Eversource or the blue bus signed to provide federal services. They will still be required to vaccinate all employees or lose the contract.
In my next installment, I discuss how Joe Biden has used this same “template” or pattern to take over the hospitals of New Hampshire—again thru contract.
God bless!
