Low RiskFARGeneral

52.207-3Right of First Refusal of Employment.

Researched by the BidStride Research Team

What This Clause Requires

FAR 52.207-3 — Right of First Refusal of Employment.. This clause is part of the Federal Acquisition Regulation and may be included in government contracts as a solicitation provision or contract clause.

Official Regulation Text

52.207-3 Right of First Refusal of Employment. 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]

Source: eCFR, 48 CFR 52.207-3 (https://www.ecfr.gov/current/title-48/section-52.207-3)

Compliance Checklist

  • 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.
  • (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.

Flow-Down to Subcontractors

No flow-down required

This clause applies only to the prime contract and does not need to be flowed down to subcontractors.

Frequently Asked Questions

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This summary is for informational purposes only and reflects the BidStride Research Team's plain-English interpretation of the regulation. It is not legal advice and does not constitute an attorney-client relationship. Always consult the official Federal Acquisition Regulation (FAR) or Defense Federal Acquisition Regulation Supplement (DFARS) text and qualified legal counsel for compliance decisions.