A May 3 proposed FAR rule addresses nondisplacement of qualified workers under service contracts. The proposed rule outlines the government’s policy to require service contractors and their subcontractors under successor contracts to offer employees of the predecessor contractor and its subcontractors a right of first refusal of employment for positions for which they are qualified. Certain contracts are exempt, and requirements may be waived by the agency head.
The rule contains several reporting requirements. Under proposed FAR 22.1205, the predecessor contractor is required to provide the contracting officer with a certified list of its employees who are qualified to work on the successor contract. The CO in turn must provide the list to the successor contractor in a timely manner. Also, under proposed FAR 22.1206, the CO must ensure the predecessor contractor provides written notice to service employees of their possible right to an offer of employment with the successor contractor. This written notice must be posted in a conspicuous place at the worksite or delivered to the employees individually.