22.1010 Notification to interested parties under collective bargaining agreements
Source: FAR 22.1010 on acquisition.gov
Contracting officers must provide written notice to both the incumbent contractor and the employees’ union at least 30 days before key contract actions when service employees are covered by a collective bargaining agreement.
Overview
FAR 22.1010 outlines the notification requirements for contracting officers when service employees working under a government contract are represented by a collective bargaining agent. The regulation ensures that both the incumbent contractor and the employees’ union are informed in writing about upcoming acquisition events—such as successor contracts, contract modifications, or contract anniversaries—that may affect employment terms. This notification must be provided at least 30 days before the earliest relevant acquisition date or contract anniversary to comply with related timing requirements in FAR 22.1012-2. The contracting officer is also required to retain a copy of the notification in the contract file for record-keeping and compliance purposes.
Key Rules
- Notification Requirement
- Contracting officers must notify both the incumbent contractor and the collective bargaining agent of upcoming contract actions or anniversaries if service employees are union-represented.
- Timing of Notification
- Written notification must be sent at least 30 days before the relevant acquisition date or contract anniversary.
- Record Retention
- A copy of the notification must be kept in the contract file.
Responsibilities
- Contracting Officers: Must determine union representation, provide timely written notifications, and retain documentation.
- Contractors: Should be aware of notifications and coordinate with employee representatives as needed.
- Agencies: Must ensure contracting officers follow notification and record-keeping procedures.
Practical Implications
- This section exists to protect the rights of union-represented service employees and ensure transparency during contract transitions or modifications.
- Failure to provide timely notification can result in noncompliance with labor standards and may affect contract administration.
- Common pitfalls include missing the 30-day advance notice requirement or failing to document the notification properly.
(a) The contracting officer should determine whether the incumbent prime contractor’s or its subcontractors’ service employees performing on the current contract are represented by a collective bargaining agent. If there is a collective bargaining agent, the contracting officer shall give both the incumbent contractor and its employees’ collective bargaining agent written notification of-
(1) The forthcoming successor contract and the applicable acquisition dates (issuance of solicitation, opening of bids, commencement of negotiations, award of contract, or start of performance, as the case may be); or
(2) The forthcoming contract modification and applicable acquisition dates (exercise of option, extension of contract, change in scope, or start of performance, as the case may be); or
(3) The forthcoming multiple year contract anniversary date (annual anniversary date or biennial date, as the case may be).
(b) This written notification must be given at least 30 days in advance of the earliest applicable acquisition date or the applicable annual or biennial anniversary date in order for the time-of-receipt limitations in paragraphs 22.1012-2(a) and (b) to apply. The contracting officer shall retain a copy of the notification in the contract file.