Add-In Text for-Executive Order 14055 Clause-Add in PD2.pdf

Executive Order 14055 Clause (Note: If this does not fit in PD2 cut down to EO 14055 Clause.)

Below is the language to be pasted into the Add Text section:

“Nondisplacement of Qualified Workers: (a) The contractor and its subcontractors shall, except as otherwise provided herein, in good faith offer service employees (as defined in the Service Contract Act of 1965, as amended, 41 U.S.C. 6701(3)) employed under the predecessor contract and its subcontracts whose employment would be terminated as a result of the award of this contract or the expiration of the contract under which the employees were hired, a right of first refusal of employment under this contract in positions for which those employees are qualified. The contractor and its subcontractors shall determine the number of employees necessary for efficient performance of this contract and may elect to employ more or fewer employees than the predecessor contractor employed in connection with performance of the work solely on the basis of that determination. Except as provided in paragraph (b), there shall be no employment opening under this contract or subcontract, and the contractor and any subcontractors shall not offer employment under this contract to any person prior to having complied fully with the obligations described in this clause. The contractor and its subcontractors shall make an express offer of employment to each employee as provided herein and shall state the time within which the employee must accept such offer, but in no case shall the period within which the employee must accept the offer of employment be less than 10 business days.

“(b) Notwithstanding the obligation under paragraph (a) above, the contractor and any subcontractors (1) are not required to offer a right of first refusal to any employee(s) of the predecessor contractor who are not service employees within the meaning of the

Service Contract Act of 1965, as amended, 41 U.S.C. 6701(3), and (2) are not required to offer a right of first refusal to any employee(s) of the predecessor contractor for whom the contractor or any of its subcontractors reasonably believes, based on reliable evidence of the particular employees' past performance, that there would be just cause to discharge the employee(s) if employed by the contractor or any subcontractors.

“(c) The contractor shall, not less than 10 business days before the earlier of the completion of this contract or of its work on this contract, furnish the Contracting Officer a certified list of the names of all service employees working under this contract and its subcontracts during the last month of contract performance. The list shall also contain anniversary dates of employment of each service employee under this contract and its predecessor contracts either with the current or predecessor contractors or their subcontractors. The Contracting Officer shall provide the list to the successor contractor, and the list shall be provided on request to employees or their representatives, consistent with the Privacy Act, 5 U.S.C. 552a, and other applicable law.

“(d) If it is determined, pursuant to regulations issued by the Secretary of Labor

(Secretary), that the contractor or its subcontractors are not in compliance with the requirements of this clause or any regulation or order of the Secretary, the Secretary may https://usg01.safelinks.protection.office365.us/?url=https%3A%2F%2Fwww.govinfo.gov%2Flink%2Fuscode%2F41%2F6701&data=05%7C02%7Cmelanie.d.palmas.civ%40army.mil%7Cbeb0ad3cf81d4f62864e08dc6f9864e7%7Cfae6d70f954b481192b60530d6f84c43%7C0%7C0%7C638507947511040492%7CUnknown%7CTWFpbGZsb3d8eyJWIjoiMC4wLjAwMDAiLCJQIjoiV2luMzIiLCJBTiI6Ik1haWwiLCJXVCI6Mn0%3D%7C0%7C%7C%7C&sdata=0nM7HRov1YzbhTdjyIvQXytQ3NtyPvyBA35lnMCvjU4%3D&reserved=0 https://usg01.safelinks.protection.office365.us/?url=https%3A%2F%2Fwww.govinfo.gov%2Flink%2Fuscode%2F41%2F6701&data=05%7C02%7Cmelanie.d.palmas.civ%40army.mil%7Cbeb0ad3cf81d4f62864e08dc6f9864e7%7Cfae6d70f954b481192b60530d6f84c43%7C0%7C0%7C638507947511046757%7CUnknown%7CTWFpbGZsb3d8eyJWIjoiMC4wLjAwMDAiLCJQIjoiV2luMzIiLCJBTiI6Ik1haWwiLCJXVCI6Mn0%3D%7C0%7C%7C%7C&sdata=w1GIG27ZpJUNipFPWOfUvu1W%2F0BnVeUnTHPBjE698kU%3D&reserved=0 https://usg01.safelinks.protection.office365.us/?url=https%3A%2F%2Fwww.govinfo.gov%2Flink%2Fuscode%2F41%2F6701&data=05%7C02%7Cmelanie.d.palmas.civ%40army.mil%7Cbeb0ad3cf81d4f62864e08dc6f9864e7%7Cfae6d70f954b481192b60530d6f84c43%7C0%7C0%7C638507947511050266%7CUnknown%7CTWFpbGZsb3d8eyJWIjoiMC4wLjAwMDAiLCJQIjoiV2luMzIiLCJBTiI6Ik1haWwiLCJXVCI6Mn0%3D%7C0%7C%7C%7C&sdata=Nw4%2Fb%2Fayns5fPgveGjVyWVLrlNLtdO5M8l1kHYuGR10%3D&reserved=0 https://usg01.safelinks.protection.office365.us/?url=https%3A%2F%2Fwww.govinfo.gov%2Flink%2Fuscode%2F5%2F552a&data=05%7C02%7Cmelanie.d.palmas.civ%40army.mil%7Cbeb0ad3cf81d4f62864e08dc6f9864e7%7Cfae6d70f954b481192b60530d6f84c43%7C0%7C0%7C638507947511053624%7CUnknown%7CTWFpbGZsb3d8eyJWIjoiMC4wLjAwMDAiLCJQIjoiV2luMzIiLCJBTiI6Ik1haWwiLCJXVCI6Mn0%3D%7C0%7C%7C%7C&sdata=Y1uwjofQxUZU11jRoyi1kVZU%2BDib9IfGcf96Hv%2B0gHQ%3D&reserved=0 impose appropriate sanctions against the contractor or its subcontractors, as provided in

Executive Order (No.) 14055, the regulations implementing that order, and relevant orders of the Secretary, or as otherwise provided by law.

“(e) In every subcontract entered into in order to perform services under this contract, the contractor will include provisions that ensure that each subcontractor will honor the requirements of paragraphs (a) and (b) with respect to the employees of a predecessor subcontractor or subcontractors working under this contract, as well as of a predecessor contractor and its subcontractors. The subcontract shall also include provisions to ensure that the subcontractor will provide the contractor with the information about the employees of the subcontractor needed by the contractor to comply with paragraph (c) of this clause. The contractor shall take such action with respect to any such subcontract as may be directed by the Secretary as a means of enforcing such provisions, including the imposition of sanctions for noncompliance: provided, however, that if the contractor, as a result of such direction, becomes involved in litigation with a subcontractor, or is threatened with such involvement, the contractor may request that the United States enter into such litigation to protect the interests of the United States.”