Displaced Employee Rights When the Gov't is the Successor and Location Differs?
Started by Troy · Jul 17, 2013 · 3 replies
- TOriginal post
Troy
Jul 17, 2013 · 12y ago
In accordance with (IAW) E.O. 13495 "Nondisplacement of Qualified Workers Under Service Contracts", the successor in a Federal service contract is required to offer first refusal for employment rights to predecessor service employees who would otherwise be out of a job. The premise being that a carryover workforce reduces disruption to the delivery of services.
My question is, if previously contracted services will be converted to in-house government work, is the Government required to adhere to its own policy when it will become the successor?
Additionally, sense services will be performed at the VA (i.e. in a different location), can a carryover workforce still be acquired in order to reduce disruption to the delivery of services IAW this executive order?
- d
dcarver
Jul 17, 2013 · 12y ago
No. The first sentence states:
When a service contract expires, and a follow-on contract is awarded for the same service, at the same location, the successor contractor or its subcontractors often hires the majority of the predecessor's employees.
Emphasis added. If the Government is just letting the contract expire and taking on the associated work, then a follow on contract would not be awarded would it?
- T
Troy
Jul 18, 2013 · 12y ago
I agree with your assessment. So let me ask this, under typical circumstances when a follow-on contract would be awarded to a successor contractor, in your experience has the contractor been prohibited from hiring predecessor employees if the work is at a different location?
Given the example of a contract to staff a community based outpatient clinic, when a successor is awarded the contract, they are required to secure their own leased space (i.e. same work but a different location). In this scenario, if the successor is agreeable to acquiring the carryover workforce of its predecessor and the FAR doesn't expressly prohibit them from doing so, is the different location a deal breaker?
- N
Navy_Contracting_4
Jul 18, 2013 · 12y ago
I agree with your assessment. So let me ask this, under typical circumstances when a follow-on contract would be awarded to a successor contractor, in your experience has the contractor been prohibited from hiring predecessor employees if the work is at a different location?
Given the example of a contract to staff a community based outpatient clinic, when a successor is awarded the contract, they are required to secure their own leased space (i.e. same work but a different location). In this scenario, if the successor is agreeable to acquiring the carryover workforce of its predecessor and the FAR doesn't expressly prohibit them from doing so, is the different location a deal breaker?
I don't think there's any law or regulation that would prohibit a contractor in this circumstance from hiring the (ex-)employees of its predecessor, regardless of the location.