On the day of the inauguration, President Trump published a flood of executive regulations. One of the first that he signed was the initial findings of harmful connections and actions that the order of the Executive Ordinance (the “Back -based EO”). This guideline raised 78 executive commands that were issued by the bidges. The revocation of one in particular, the Executive Order 14055 of November 18, 2021, the qualified employees in the context of service contracts (the “EO 14055”)) will immediately have an impact on federal contractors who execute and offer on service contracts are equipped by services.
EO 14055, which was issued in 2021, provided the right to initiate initial refusal to employees who work on a service contract when this contract changed the owner from one federal entrepreneur to another. The specified purpose of EO 14055 was “the federal government to offer the advantages of an experienced and well -trained worker who is familiar with the employees, institutions and requirements of the federal government”. In 2023, the Ministry of Labor (DOL) issued a final rule, which as 29 CFR § 9.1 ff., Implementation EO 14055 and clarification of the requirements that the federal contractors started at a SCA contract and the expansion of employment offers to the requirements have to fulfill. former workforce of the contract.
At a high level, the DOL conclusion rule requested the contractual officer a certified list of employee contract employees at least 30 calendar days before the end of the contract. The final rule also required the successors to ensure that the certified list was correct and offered real written job offers for the identified employees for service contract offers. While there were some exceptions, the rule on the whole covered most, if not all service contracts.
President Trump's canceled EO 14055, but does not automatically relieve existing contractual conditions for contractors, the obligations in accordance with EO 14055 or the 29 CFR § 9.1 ff. Rather, it offers the agency officers a guideline to take appropriate steps and their To use the agency authority to meet the EO that occurs. For federal entrepreneurs who carry out work on a service contract, or for those who have an impact on a service contract, it is important to carefully check the contractual provisions and all applicable rules for the agency in order to understand their obligations. Claims should expect the agency to start arranging contractual officers. In practice, this means that the award winners of service contracts are not obliged to offer employees of the previous contract, but the program that the program would like.
It is worth noting that the first Trump administration in 2019 promotes similar obligations in the Executive Ordinance 13496 by President Obama (“Non -setting qualified workers in the context of service contracts”). In this case, President Trump's order contained details and instructions for the specific withdrawal of the implementation of EO 13496 at the agency level. Unlike in 2019, the EO 14055 EO only picks up President Biden and does not state any details or instructions for the implementation of the withdrawal. Therefore, we can see the following instructions that clarify the obligations in connection with the withdrawal of EO 14055. Stay up to date and do not hesitate to contact questions.
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