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ARTICLE · 18 JULY 2022

Here We Go Again – Nondisplacement Rule Back In Effect For Contractors

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The Biden Administration just issued a proposal to reinstitute the nondisplacement rule, which requires services contracts that succeed contracts for the same or similar services.

United StatesGovernment, Public Sector
Aime JH Joo
Aime JH Joo
David B. Robbins
David B. Robbins

The Biden Administration just issued a proposal to reinstitute the nondisplacement rule, which requires services contracts that succeed contracts for the same or similar services-as well as solicitations for such contracts-to include a clause offering qualified service employees under the predecessor contract a right of first refusal of employment.

At least 10 business days before contract expiration, departing contractors must provide the incoming contractor a list of all service employees working on the contract during the last month of performance. The incoming contractor must then give incumbent employees express bona fide offers for employment in positions for which they are qualified. Employees must be given at least 10 business days to accept the offer.

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