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Final Rule on Nondisplacement of Workers Performing Service Contracts

Client Alert | less than 1 min read | 01.03.13

On December 21, 2012, the government issued a final rule that requires incoming contractors to offer qualified employees of the predecessor contractor and its subcontractors a right of first refusal of employment if the positions are covered by the Service Contract Act, unless a waiver is obtained or an exception applies. The rule, which is effective January 18, 2013, implements Executive Order 13495 and the Labor Department's regulations on Nondisplacement of Qualified Workers Under Service Contracts.


Insights

Client Alert | 2 min read | 07.15.26

CMMC Phase II Suspension Requires Reconsideration of Such Requirements in Solicitations

As discussed in more detail here, the U.S. Department of War (DoW) recently issued a memorandum (Memo 26-P-1023, dated July 13, 2026) directing the immediate suspension of Cybersecurity Maturity Model Certification (CMMC) Phase II requirements (Level I and II self assessments are still permitted). Significantly, the memo directs that “all pending and future CMMC implementation milestones across DoW solicitations and contracts are held in abeyance until further notice.” Moreover, the DoW issued a memorandum on implementing these requirements (available here), directing agencies to issue amendments removing CMMC Level 2 and 3 requirements from active solicitations “as soon as practicable.” Contractors should monitor the government’s compliance with this requirement and should be prepared, if needed, to file a bid protest to protect their rights....