I am assuming you are referring to EO 13495, “Nondisplacement of Qualified Workers Under Service Contracts” which applies to federal government service contracts. The EO requires that qualified workers be given the right of first refusal for employment with a successor contractor. If you are the successor contractor, you may not hire any new employees under the contract until this right of first refusal has been provided. You are not required to offer them the same position, but only for one that they are qualified. How you would determine this is up to you. If you ask them to submit a resume to evaluate their qualifications, you need to make sure you apply this practice consistently. In determining whether one is qualified for the position, the general rule is that if they have been performing the job before, you should assume that they are qualified for the position unless there are some records from the previous contractor that would prove otherwise. If you are considering them for other jobs than that they previously occupied, then you may consider their general qualifications using the information supplied by the employee or previous contractor. If the new contract does not provide for the same number of job openings - for example, the previous contract had 100 job openings and your current contract has 80 – you are obligated to offer a job to qualified individuals in the remaining pool of 20 should any of the 80 vacate their position in the first 90 days of the new contract. For more information, the DOL Wage and Hour Division has several useful resources for contractors here.