[Code of Federal Regulations]

[Title 29, Volume 2]

[Revised as of July 1, 2004]

From the U.S. Government Printing Office via GPO Access

[CITE: 29CFR470.3]



[Page 232]

 

                             TITLE 29--LABOR

 

  CHAPTER IV--OFFICE OF LABOR-MANAGEMENT STANDARDS, DEPARTMENT OF LABOR

 

PART 470_OBLIGATIONS OF FEDERAL CONTRACTORS AND SUBCONTRACTORS; NOTICE OF 

EMPLOYEE RIGHTS CONCERNING PAYMENT OF UNION DUES OR FEES--Table of Contents

 

                      Subpart A_Preliminary Matters

 

Sec. 470.3  What contracts are exempt from the employee notice clause 

requirement?



    (a) Transactions below the Simplified Acquisition Threshold. The 

requirements of this part do not apply to Government contracts for 

purchases that fall below the Simplified Acquisition Threshold, as that 

threshold is defined in the Office of Federal Procurement Policy Act, 41 

U.S.C. 403. Therefore, the employee notice clause need not be included 

in contracts for purchases below that threshold, provided that--

    (1) No agency, contractor, or subcontractor is permitted to procure 

supplies or services in a way designed to avoid the applicability of the 

Order and this part; and

    (2) The employee notice clause must be included in contracts and 

subcontracts for indefinite quantities, unless the contracting agency or 

contractor has reason to believe that the amount to be ordered in any 

year under such a contract or subcontract will be less than the 

Simplified Acquisition Threshold.

    (b) Government contracts resulting from solicitations issued before 

April 18, 2001. Pursuant to section 14 of the Order, the requirements of 

this part do not apply to Government contracts that result from 

solicitations issued before April 18, 2001, the effective date of the 

Order.

    (c) Specific contracts. The Deputy Assistant Secretary for Labor-

Management Programs may exempt a contracting agency or any person from 

requiring the inclusion of any or all of the employee notice clause in 

any specific contract, subcontract, or purchase order when the Deputy 

Assistant Secretary deems that special circumstances in the national 

interest so require. Requests for such exemptions must be in writing, 

and must be directed to the Deputy Assistant Secretary for Labor-

Management Programs, U.S. Department of Labor, 200 Constitution Avenue, 

NW., Room N-5605, Washington, DC, 20210.

    (d) Withdrawal of exemption. When any contract or subcontract is of 

a class exempted under this section, the Deputy Assistant Secretary for 

Labor-Management Programs may withdraw the exemption for a specific 

contract or subcontract or group of contracts or subcontracts when, in 

the Deputy Assistant Secretary's judgment, such action is necessary or 

appropriate to achieve the purposes of the Order.