Clause H.39 - Workforce Transition
Last Revised: 0/0/0000 | Per Mod #000
(a) Hiring Preference. Subject to the availability of funds, the Contractor shall offer employment to all Incumbent Employees in “Regular” or “Term” appointments, as defined in (c), below, who, as of the date the Contractor assumes responsibility for the contract, are in good standing and are engaged in performance of work within the scope of work under this contract. Nothing in this paragraph shall preclude the Contractor from separating employees when in its judgment it is appropriate to do so based on the employee's performance or conduct.
(b) Discretionary Incumbent Management Employees Excepted. It is the Contractor's prerogative to establish its own management structure. Therefore, the hiring preference set forth in paragraph (a) above is not applicable to Discretionary Incumbent Management Employees. Discretionary Incumbent Management Employees are individuals assigned to Key Personnel positions as listed in Contract No. DE-AC02-98CH10886, in Section J, Appendix E entitled “Key Personnel” as of the date of release of the RFP, including any subsequent changes of these personnel after release. The Contractor may offer employment to said employees, in either their current positions or other positions, at the Contractor's sole discretion. For those Key Personnel positions listed in Contract No. DE-AC02-98CH10886, any changes in job positions or classifications shall be accompanied by a commensurate alteration in compensation.
(c) Incumbent Employees.
(1) “Regular”: An employee within this classification has no specified limitation on job duration.
(2) “Term”: An employee within this classification is appointed for a specified period of time exceeding 6 months. Term appointments expiration dates vary. Reappointment at the expiration of the maximum term is made only by grant of tenure or, when appropriate, by a continuing appointment.
(3) “Temporary”: An employee within this classification is appointed for a specified period of time not exceeding 6 months and is not eligible for hiring preference or benefits.
(4) “Regular” and “Term” full-time employees are eligible for all benefits offered by the incumbent contractor, BSA, subject to the terms, conditions, and limitations of each benefit program. Regular and Term eligible part-time employees' benefits are prorated according to official work schedule. Regular and Term eligible part-time employees are eligible for all benefits available to full-time employees with the exception of payment for time not worked for doctor/dentist visits.
