[Code of Federal Regulations] [Title 48, Volume 5] [Revised as of October 1, 2007] From the U.S. Government Printing Office via GPO Access [CITE: 48CFR852.207-70] [Page 234-235] TITLE 48--FEDERAL ACQUISITION REGULATIONS SYSTEM CHAPTER 8--DEPARTMENT OF VETERANS AFFAIRS Sec. 852.207-70 Report of employment under commercial activities. As prescribed in 807.304-77 and 873.110, the following clause must be included [[Page 235]] in A-76 cost comparison solicitations and solicitations issued under the authority of 38 U.S.C. 8151-8153 which may result in the conversion, from in-house to contract performance, of work currently being performed by VA employees: Report of Employment Under Commercial Activities (OCT 1988) (a) Consistent with the Government post-employment conflict of interest regulations, the contractor shall give adversely affected Federal employees the right of first refusal for all employment openings under this contract for which they are qualified. (b) Definitions. (1) An ``adversely affected Federal employee'' is: (i) Any permanent Federal employee who is assigned to the government commercial activity, or (ii) Any employee identified for release from his or her competitive level or separated as a result of the contract. (2) ``Employment openings'' are position vacancies created by this contract which the contractor is unable to fill with personnel in the contractor's employee at the time of the contract award, including positions within a 50 mile radius of the commercial activity which indirectly arise in the contractor's organization as a result of the contractor's reassignment of employees due to the award of this contract. (3) The ``contract start date'' is the first day of contractor performance. (c) Filling employment openings. (1) For a period beginning with contract award and ending 90 days after the contract start date, no person other than an adversely affected Federal employee on the current listing provided by the contracting officer shall be offered an employment opening until all adversely affected and qualified Federal employees identified by the contracting officer have been offered the job and refused it. (2) The contractor may select any person for an employment opening when there are no qualified adversely affected Federal employees on the latest current listing provided by the contracting officer. (d) Contracting reporting requirements. (1) No later than five working days after contract award the contractor shall furnish the contracting officer with the following: (i) A list of employment openings including salaries and benefits, (ii) Sufficient job application forms for adversely affected Federal employees. (2) By contract start date, the contractor shall provide the contracting officer with the following: (i) The names of adversely affected Federal employees offered an employment opening, (ii) The date the offer was made, (iii) A brief description of the position, (iv) The date of acceptance of the offer and the effective date of employment, (v) The date of rejection of the offer, if applicable for salary and benefits contained in the rejected offer, and (vi) The names of any adversely affected Federal employees who applied but were not offered employment and the reason(s) for withholding an offer. (3) For the first 90 days after the contract start date, the contractor shall provide the contracting officer with the names of all persons hired or terminated under the contract within five working days of such hiring or termination. (e) Information provided to the contractor. (1) No later than 10 working days after the contract award, the contracting officer shall furnish the contractor a current list of adversely affected Federal employees exercising the right of first refusal, along with their completed job application forms. (2) Between the contract award and start dates, the contracting officer shall inform the contractor of any reassignment or transfer of adversely affected employees to other Federal positions. (3) For a period up to 90 days after contract start date, the contracting officer will periodically provide the contractor with an updated listing of adversely affected Federal employees reflecting employees recently released from their competitive levels or separated as a result of the contract award. (f) Qualification determination. The contractor has a right under this clause to determine adequacy of the qualifications of adversely affected Federal employees for any employment openings. However, an adversely affected Federal employee who held a job in the Government commercial activity which directly corresponds to an employment opening shall be considered qualified for the job. Questions concerning the qualifications of adversely affected Federal employees for specific employment openings shall be referred to the contracting officer for determination. The contracting officer's determination shall be final and binding on all parties. (g) Relation to other statutes, regulations and employment policies. The requirements of this clause shall not modify or alter the contractor's responsibilities under statutes, regulations or other contract clauses pertaining to the hiring of veterans, minorities or handicapped persons. (h) Penalty for Noncompliance. Failure of the contractor to comply with any provision of this clause may be grounds for termination for default. (End of clause) [53 FR 43211, Oct. 26, 1988; 53 FR 46872, Nov. 21, 1988, as amended at 68 FR 3469, Jan. 24, 2003] [[Page 236]]