ExecutiveOrdersEO
EO 12933Executive OrderClinton · D

Executive Order 12933

Nondisplacement of Qualified Workers Under Certain Contracts

This executive order requires successor contractors on federal building service contracts to offer predecessor employees a right of first refusal for qualified positions, aiming to reduce worker displacement and maintain service continuity. The Secretary of Labor is tasked with enforcement and must issue implementing regulations within 180 days, while the Federal Acquisition Regulatory Council must update procurement rules within the same timeframe.

Federal Register 59 FR 53559
No PDF available for this document.

Impact dates

  1. Contractor furnishes certified employee list to Contracting Officer before contract completion

  2. Secretary of Labor issues implementing regulations

  3. Federal Acquisition Regulatory Council issues FAR regulations

Key directives

  • Include nondisplacement clause in solicitations and building service contracts for public buildings
  • Successor contractors must offer right of first refusal to predecessor's non-managerial employees
  • Minimum 10-day acceptance period for employment offers
  • Contractor must furnish certified employee list to Contracting Officer 60 days before contract completion
  • Secretary of Labor shall issue regulations within 180 days
  • Federal Acquisition Regulatory Council shall issue FAR regulations within 180 days
  • Secretary may impose sanctions including debarment up to 3 years for willful violations

Who is ordered

Timeline

Immediate

  • EO takes effect upon signing; contract clause becomes required for applicable solicitations and contracts

Near term (90d)

  • Secretary of Labor must issue regulations by April 18, 1995 (180 days)
  • Federal Acquisition Regulatory Council must issue FAR regulations by April 18, 1995 (180 days)

Long term

  • Ongoing application to successor building service contracts at federal public buildings
  • Potential contractor debarment up to 3 years for willful violations or noncompliance with Secretary orders

Risks & tensions

  • Contractor discretion on 'efficient performance' may limit rehiring despite right of first refusal
  • Exclusion of managerial/supervisory employees and various facility types reduces scope
  • No private right of action—enforcement depends entirely on Secretary of Labor initiative
  • Vague 'to the extent practicable' language on alternative dispute resolution may weaken enforcement
Executive Order 12933: Nondisplacement of Qualified Workers Under Certain Contracts · Executive Orders