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PSC Comments on Proposed Nondisplacement Obligations on Contractors; David Berteau Quoted

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The Professional Services Council has submitted to the Department of Labor its feedback on a proposed rule to implement nondisplacement requirements on services contractors in accordance with an executive order signed in November 2021.

The executive order seeks to avoid the displacement of employees under service contracts and reduce disruption in the delivery of services during the transition period between current and successor contractors through the use of an experienced workforce, PSC said Monday.

Neither the EO nor the proposed rule cite any study showing that this rule would generate any efficiencies or benefits other than those that already occur because such hiring is commonplace in many instances,” said David Berteau, president and CEO of PSC.

Absent any data to support the Government’s belief that requiring successor contractors to offer employment to their predecessor’s employees offers any improvements in the existing efficient, economical, seamless transitions of work,” added Berteau, a two-time Wash100 Award winner.

He said PSC recommends that the government withdraw the proposed rule or revise the EO.