[Code of Federal Regulations]
[Title 29, Volume 2]
[Revised as of July 1, 2005]
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 
 
                      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.