Exemptions For Federal Contractors Issued Despite Stay By Federal Judge (Update 2/16/22)
***Update 2/16/22 – The Office of the Comptroller replied to our questions regarding this topic. The article has been updated below with their responses.***
Photo Credit: Tennessee Comptroller of the Treasury
The Tennessee Conservative [By Paula Gomes] –
When a Kentucky federal court issued a stay on Executive Order 14042 on November 30th, 2021, Tennessee Comptroller Jason Mumpower responded the next day by suspending all previously granted exemptions to federal contractors preventing them from proceeding with COVID-19 vaccine mandates.
Two weeks later, the Tennessee Comptroller’s office began reissuing exemptions to select contractors. You can see the current list of federal contractors who are exempt from Title 14 of Tennessee law HERE.
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Some Tennesseans are asking the question, why is Tennessee allowing these federal contractors to require vaccinations as a condition of employment when federal courts have continued to place a stay on any enforcement of Biden’s Executive Order 14042?
According to TCA § 14-6-102, an exemption may only be granted by the Comptroller if there would be “a loss of federal funding, to the extent such an exemption is necessary to conform to federally awarded or amended contracts, subcontracts, or postsecondary grants as a condition to receipt of federal funds.”
The Tennessee Conservative has reached out to the Comptroller’s office to ask the following questions:
On what legal grounds are you now granting these exemptions to the law (Title 14) to federal contractors?Â
Answer: Pursuant to Tenn. Code Ann. § 14-6-102, our Office grants an exemption to chapter 2 or 6 of Title 14 of the Tennessee Code Annotated if compliance would result in a loss of federal funding, to the extent such an exemption is necessary to conform to federally awarded or amended contracts, subcontracts, or postsecondary grants as a condition to receipt of federal funds.
How are you determining that their federal funding is in jeopardy?Â
Answer: Each entity filing a notice must provide one or more of the entity’s applicable contract numbers and/or other information sufficient to identify the contract, subcontract or postsecondary grant, in addition to a DUNS number, if applicable, and make various attestations as to the applicability of any federal mandate.
What section of any federal contract that would require employees to have a vaccine is actually enforceable and could result in a loss of funding?
Answer: We are not in a position to contemplate every section of every federal contract that exists to determine enforceability. This would be best determined by the courts.
About the Author: Paula Gomes is a Tennessee resident and reporter for The Tennessee Conservative. You can reach Paula at paula@tennesseeconservativenews.com.
