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Holland & Hart News Update

How Will Colorado's Stay-Home Order Affect Local Federal Contractors?

By Shaun Kennedy, Co-Author

Yesterday, Governor Jared Polis announced Executive Order D 2020 017, “Ordering Coloradans to Stay at Home Due to the Presence of COVID-19 in the State” (the “Executive Order”). Subject to limited exceptions, the Executive Order requires Colorado citizens to “stay at home,” and mandates that Colorado businesses “close temporarily.” The Executive Order went into effect on March 26, 2020 and expires on April 11, 2020 (unless rescinded or modified).

The Executive Order references and incorporates Amended Public Health Order 20-24, “Implementing Stay at Home Requirement” (the “PHO”). The PHO permits businesses designated as “Critical Businesses” to remain open and continue to operate as normal, provided that each business complies with applicable Colorado guidance and directives for maintaining clean and safe work environments and social-distancing requirements.

Notably, many federal contractor businesses are likely considered Critical Businesses under the Executive Order, but not all. The PHO designates as Critical Businesses several sectors that may be applicable to federal contractors (Note: this is not intended to be an exhaustive list):

  • Defense: businesses that perform “[d]efense, security, and intelligence-related operations supporting . . . the U.S. Government or a contractor for any of the foregoing;” “[a]erospace operations,” “[m]ilitary operations and personnel,” and “[d]efense suppliers.”
  • Healthcare Operations: businesses, such as “[h]ospitals, clinics, and walk-in health facilities,” “[r]esearch and laboratory services,” and “[m]edical wholesale and distribution.”
  • Critical Infrastructure: businesses that service “[r]oad and railways,” including “[t]ransportation and infrastructure necessary to support a Critical Business.”
  • Critical Manufacturing: business that provide “[a]ny manufacturing necessary to support a Critical Business.”

The response to the COVID-19 outbreak continues to evolve and specific restrictions on businesses will likely be refined and updated over the coming weeks. Whether your business is considered a Critical Business under the Executive Order or not, please see our prior alert for tips on how federal contractors can protect their businesses.

Executive Order Links

For convenience, below are links to the Executive Order and related information.

We encourage you to visit Holland & Hart’s Coronavirus Resource Site, a consolidated informational resource offering practical guidelines and proactive solutions to help companies protect their business interests and their workforce. The dynamic Resource Site is regularly refreshed with new topics and updates as the COVID-19 outbreak and the legal and regulatory responses continue to evolve. Sign up to receive updates and for upcoming webinars.

This publication is designed to provide general information on pertinent legal topics. The statements made are provided for educational purposes only. They do not constitute legal or financial advice nor do they necessarily reflect the views of Holland & Hart LLP or any of its attorneys other than the author. This publication is not intended to create an attorney-client relationship between you and Holland & Hart LLP. Substantive changes in the law subsequent to the date of this publication might affect the analysis or commentary. Similarly, the analysis may differ depending on the jurisdiction or circumstances. If you have specific questions as to the application of the law to your activities, you should seek the advice of your legal counsel.


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