Notification To Contractors & Service Employees

Notification to contractors and service employees 29 C.F.R. § 9.11(b); FAR 48 C.F.R. § 22.1205.

  1. Where a contract will be awarded to a successor for the same or similar services to be performed at the same location:
    1. The contracting officer shall direct the predecessor contractor to provide written notice to the service employees employed on the predecessor contract of their possible right to an offer of employment with the successor contractor.
  2. The written notice shall be-
    1. Posted in a conspicuous place at the worksite; or
    2. Delivered to the service employees individually.
    3. If such delivery is via email, the notification must result in an electronic delivery receipt or some other reliable confirmation that the intended recipient received the notice.
  3. Appendix B to 29 C.F.R. Part 9 provides a notice that contracting officers may advise contractors to use to provide the written notice. 29 C.F.R. § 9.11(b); FAR 48 C.F.R. § 22.1205(b).
  4. Where a significant portion of the predecessor contractor's workforce is not fluent in English, the contractor must provide the notice in English and the language(s) with which service employees are more familiar. (English and Spanish versions of the notice are available on the Department of Labor Web site at: https://www.dol.gov/whd/govcontracts ).
  5. Any particular determination of the adequacy of a notification, regardless of the method used, must be fact-dependent and made on a case-by-case basis.
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