Nondisplacement Contract Clause

Contracting Agency And Predecessor Contractor Obligations

Nondisplacement Contract Clause E.O. § 5; 29 C.F.R. § 9.11; FAR 48 C.F.R. § 52.222-17; 29 C.F.R. Part 9, Appendix A (Non-FAR-covered contracts only).

  1. E.O. 13495, § 5 requires the contracting agency to include a contract clause entitled "Nondisplacement of Qualified Workers" to "be included in solicitations for and service contracts that succeed contracts for performance of the same or similar work at the same location." The implementing DOL and FAR regulations reiterate this requirement. 29 C.F.R. § 9.11(a) and FAR 48 C.F.R. §§ 22.1207 and 52.222-17.
  2. The FAR, at 48 C.F.R. § 22.1207, requires that:
    1. The contracting officer shall insert the clause at 52.222-17, Nondisplacement of Qualified Workers, in solicitations and contracts for:
      1. service contracts
      2. that succeed contracts for performance of the same or similar work at the same location and
      3. that are not exempted by 22.1203-2 or waived in accordance with 22.1203-3.
  3. As noted above, the clause at 29 C.F.R. Part 9, Appendix A shall be inserted in all such solicitations and contracts that are not subject to the FAR.

Consulting Services We Provide

  • Review public works preconstruction contracts
  • Monitor DIR contractor/subcontractor certified payrolls
  • Audit labor classification for each worker employed
  • Review DIR pre-DAS 140/142 submissions
  • Review CAC training fund contributions form CAC-2
  • Review DIR Fringe Benefits Statement PW-26
  • Monitor DIR wage determinations
  • Audit fringe benefits allowances
  • Review DIR holiday payment requirements
  • Audit DIR travel & subsistence requirements
  • Caltrans Labor Compliance
  • County of Sacramento Labor Compliance
  • City of Los Angeles Labor Compliance
  • Los Angeles Unified School District Labor Compliance
  • Federal Davis-Bacon Project Monitoring
  • Federal DBE Implementation & Review
  • Federal FAA AIP Goal Setting
  • DIR & Davis-Bacon Training
  • DIR Civil Wage Penalty Review
  • Local-Hire Review (e.g., San Francisco)
  • Skilled and Trained Workforce

Give us a call to discuss your labor compliance requirements.

This email is intended for general information purposes only and should not be construed as legal advice
or legal opinions on any specific facts or circumstances.

© 2009-2020 GroupOne Company. All Rights Reserved.