# 5 C.F.R. § 300.405 (2026): Requirement for contract

> Federal · Regulations · In force

URL: https://www.frixlaw.com/law-library/statutes/CFR_T5_P300_S300_405

## Section

- **Citation:** 5 C.F.R. § 300.405 (2026)
- **Heading:** Requirement for contract
- **Jurisdiction:** Federal
- **Kind:** Regulations
- **Status:** In force
- **Text as of:** August 14, 2026
- **Source:** Compiled text
- **Location:** Title 5 CFR: Administrative Personnel / Chapter I: OFFICE OF PERSONNEL MANAGEMENT / Part 300: EMPLOYMENT (GENERAL) / Subpart D: Use of Commercial Recruiting Firms and Nonprofit Employment Services / § 300.405: § 300.405   Requirement for contract.

## Text

(a) A written contract awarded in accordance with procedures stipulated in the Federal Acquisition Regulations is required between the Federal agency and a commercial recruiting firm or nonprofit employment service. The contract will satisfy the “written request” required by 18 U.S.C. 211. That statute prohibits the acceptance of payment for aiding an individual to obtain Federal employment
except
when an employment agency renders services pursuant to the written request of an executive department or agency.
(b) The contract must include the qualifications requirements for the position(s) to be filled and also provide that the firm or service will:
(1) Screen candidates only against the basic qualifications requirements for the position(s) specified by the Federal agency in the contract and refer to the agency all candidates who appear to meet those requirements;
(2) Refer to the Federal agency only those applicants from whom the firm or service has not accepted fees other than those permitted under § 300.404(b) of this part;
(3) Not imply that it is the sole or primary avenue for employment with the Federal Government or a specific Federal agency; and
(4) Recruit and refer candidates in accordance with applicable merit principles and equal opportunity laws.

## Nearby sections

- [5 C.F.R. § 300.401 (2026) § 300.401   Definitions.](https://www.frixlaw.com/law-library/statutes/CFR_T5_P300_S300_401.md)
- [5 C.F.R. § 300.402 (2026) § 300.402   Coverage.](https://www.frixlaw.com/law-library/statutes/CFR_T5_P300_S300_402.md)
- [5 C.F.R. § 300.403 (2026) § 300.403   When commercial recruiting firms and nonprofit employment services may be used.](https://www.frixlaw.com/law-library/statutes/CFR_T5_P300_S300_403.md)
- [5 C.F.R. § 300.404 (2026) § 300.404   Use of fee-charging firms.](https://www.frixlaw.com/law-library/statutes/CFR_T5_P300_S300_404.md)
- [5 C.F.R. § 300.405 (2026) § 300.405   Requirement for contract.](https://www.frixlaw.com/law-library/statutes/CFR_T5_P300_S300_405.md)
- [5 C.F.R. § 300.406 (2026) § 300.406   Agency responsibilities.](https://www.frixlaw.com/law-library/statutes/CFR_T5_P300_S300_406.md)
- [5 C.F.R. § 300.407 (2026) § 300.407   Documentation.](https://www.frixlaw.com/law-library/statutes/CFR_T5_P300_S300_407.md)
- [5 C.F.R. § 300.408 (2026) § 300.408   Corrective action.](https://www.frixlaw.com/law-library/statutes/CFR_T5_P300_S300_408.md)

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Source: Frix Law Library, https://www.frixlaw.com/law-library/statutes/CFR_T5_P300_S300_405. Check the current official text before relying on it. Not legal advice.