48 C.F.R. § 52.207-3

52.207-3 Right of First Refusal of Employment.

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As prescribed in 7.305(c), insert the following clause:

Right of First Refusal of Employment (MAY 2006)

(a) The Contractor shall give Government personnel who have been or will be adversely affected or separated as a result of award of this contract the right of first refusal for employment openings under the contract in positions for which they are qualified, if that employment is consistent with post-Government employment conflict of interest standards.

(b) Within 10 days after contract award, the Contracting Officer will provide to the Contractor a list of all Government personnel who have been or will be adversely affected or separated as a result of award of this contract.

(c) The Contractor shall report to the Contracting Officer the names of individuals identified on the list who are hired within 90 days after contract performance begins. This report shall be forwarded within 120 days after contract performance begins.

(End of clause) [48 FR 42478, Sept. 19, 1983, as amended at 52 FR 9039, Mar. 20, 1987; 56 FR 55372, Oct. 25, 1991; 71 FR 20300, Apr. 19, 2006]

Notes of Decisions

Cited in 6 cases, 1986–2002 · leading case: John M. Courtney, Larry E. Troutman, and Malcolm A. Webster v. David R. Smith, Major General, Vice Commander of the Hqaf

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John M. Courtney, Larry E. Troutman, and Malcolm A. Webster v. David R. Smith, Major General, Vice Commander of the Hqaf (2002) ca6 “” 48 C.F.R. § 52.207-3 (a). The district court also expressed its view that “even if the contract had been awarded to the in-house bidders, there is no guarantee that plaintiffs would not have been subject to a RIF [reduction in force] anywáy.”

National Maritime Union of America, Afl-Cio v. Commander, Military Sealift Command (1987) cadc “l7(d)(4) (1986); 48 C.F.R. § 52.207-3 (1986). B. Although the district court’s operative disposal of these claims was for want of standing, the district court on cross-motions for summary judgment found that the undisputed facts supported entry of summary judgment for defendants.”

American Federation of Government Employees v. United States (2000) dcd “to PI”) at 12 (citing 48 C.F.R. §§ 52.207-3 5 and 7.305(C)); Chugach’s Opp.”

American Federation of Government Employees v. United States (2000) uscfc “See 48 C.F.R. § 52.207-3 . Thus, the government argues, until the process is played out, it is not clear who, if anyone, will be harmed by the contracting-out decision.”

National Maritime Union v. Commander, Military Sealift Command (1986) dcd “That clause, found at 48 C.F.R. § 52.207-3 (1985), merely requires that “[t]he Contractor shall give Government employees displaced as a result of the conversion to contract performance the right of first refusal for employment openings under the contract____” Such a clause was…”

Space Mark, Inc. v. United States (1999) uscfc “See 48 C.F.R. § 52.207-3 (1991). . SMI has not questioned the AFMC’s decision to examine possible retirements or its contention that only 10% of the 13 might exercise a right of first refusal.”

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