Economy, finance and labor

Executive Order 12933: Nondisplacement of Qualified Workers Under Certain Contracts

President: Bill Clinton

Required successor building-service contractors to offer qualified predecessor employees a right of first refusal; the policy was revoked in 2001.

Status: Revoked — by EO 13204 on February 17, 2001.

Is Executive Order 12933 still in effect? No. EO 13204 revoked it in 2001.

What does Executive Order 12933 do?

EO 12933 required covered solicitations and building-service contracts at the same public building to contain a clause giving qualified nonsupervisory predecessor employees a right of first refusal for available jobs. It included exclusions and allowed agency exemptions when necessary for economy and efficiency. Labor and the FAR Council implemented the rule. EO 13204 revoked the order in 2001, directed rescission of implementing policy and ended investigations. Later presidents created broader successor-contractor policies under different orders, but those did not revive EO 12933.

Administration position: The order aimed to reduce disruption by retaining experienced workers. It did not guarantee a job where no suitable position existed or displace statutory hiring restrictions.
SignedOctober 20, 1994
CoverageSuccessor public-building service contracts
Worker protectionRight of first refusal

Before and after

Before the order

Successor contractors had no government-wide executive duty to offer covered predecessor workers first refusal.

After the order

Covered contracts carried that duty until the order and rules were rescinded.

Who had to do what

Agency / officeActionTiming / position
Successor contractorsOffer qualified predecessor workers first refusalFor covered vacancies while effective
Labor and FAR CouncilImplement and enforce contract clausesUntil 2001

What happened next

EO 12933 established the policy.

EO 13204 revoked it.

Labor removed the implementing regulation.