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).
- 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.
- The FAR, at 48 C.F.R. § 22.1207, requires that:
- The contracting officer shall insert the clause at 52.222-17, Nondisplacement of Qualified Workers, in solicitations and contracts for:
- service contracts
- that succeed contracts for performance of the same or similar work at the same location and
- that are not exempted by 22.1203-2 or waived in accordance with 22.1203-3.
- 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.
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