Base
Rule2023-270722023-12-14

Nondisplacement of Qualified Workers Under Service Contracts

Labor Department

Abstract

This document finalizes regulations to implement Executive Order 14055, "Nondisplacement of Qualified Workers Under Service Contracts" (Executive order or the order), which was signed by President Joseph R. Biden, Jr. on November 18, 2021. The Executive order states that when a service contract with the Federal Government expires and a follow-on contract is awarded for the same or similar services, the Federal Government's procurement interests in economy and efficiency are best served when the successor contractor or subcontractor hires the predecessor's employees, thus avoiding displacement of these employees. The Executive order, therefore, provides that contractors and subcontractors performing on covered Federal service contracts must in good faith offer service employees employed under the predecessor contract a right of first refusal of employment. The Executive order directs the Secretary of Labor (Secretary) to issue regulations, consistent with applicable law, to implement the order's requirements. This final rule establishes standards and procedures for implementing and enforcing the nondisplacement protections of the order.

Action & Dates

Action
Final rule.
Dates
Effective date: This final rule is effective February 12, 2024.
Effective Date
2024-02-12

CFR References

Topics

EmploymentFederal buildings and facilitiesGovernment contractsLaborLaw enforcement

Document Excerpt

Document Headings Document headings vary by document type but may contain the following: the agency or agencies that issued and signed a document the number of the CFR title and the number of each part the document amends, proposes to amend, or is directly related to the agency docket number / agency internal file number the RIN which identifies each regulatory action listed in the Unified Agenda of Federal Regulatory and Deregulatory Actions See the Document Drafting Handbook for more details. Department of Labor 29 CFR Part 9 RIN 1235-AA42 ( printed page 86736) AGENCY: Wage and Hour Division, Department of Labor. ACTION: Final rule. SUMMARY: This document finalizes regulations to implement Executive Order 14055 , “Nondisplacement of Qualified Workers Under Service Contracts” (Executive order or the order), which was signed by President Joseph R. Biden, Jr. on November 18, 2021. The Executive order states that when a service contract with the Federal Government expires and a follow-on contract is awarded for the same or similar services, the Federal Government's procurement interests in economy and efficiency are best served when the successor contractor or subcontractor hires the predecessor's employees, thus avoiding displacement of these employees. The Executive order, therefore, provides that contractors and subcontractors performing on covered Federal service contracts must in good faith offer service employees employed under the predecessor contract a right of first refusal of employment. The Executive order directs the Secretary of Labor (Secretary) to issue regulations, consistent with applicable law, to implement the order's requirements. This final rule establishes standards and procedures for implementing and enforcing the nondisplacement protections of the order. DATES: Effective date: This final rule is effective February 12, 2024. Applicability date: This final rule will apply to solicitations issued on or after the effective date of the f

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Full Document

Citation: 88 FR 86736