Exceptions
FAR 22.1603 specifies when notification requirements do not apply and provides a process for seeking exemptions, helping contractors and agencies avoid unnecessary compliance.
Overview
FAR 22.1603 outlines specific exceptions to the requirements of Subpart 22.16, which addresses the Notification of Employee Rights Under the National Labor Relations Act. This section clarifies when the subpart does not apply and describes the process for obtaining exemptions from the Secretary of Labor. The exceptions include contracts below the simplified acquisition threshold, subcontracts of $10,000 or less, and contracts or subcontracts for work performed exclusively outside the United States. Additionally, the Secretary of Labor has the authority to grant exemptions if compliance would impair government procurement efficiency or if special circumstances warrant it. Requests for such exemptions must follow Department of Labor regulations at 29 CFR 471.3.
Key Rules
- Threshold and Location Exceptions
- The subpart does not apply to contracts under the simplified acquisition threshold, subcontracts of $10,000 or less, or contracts/subcontracts performed exclusively outside the U.S.
- Secretary of Labor Exemptions
- The Secretary of Labor may exempt agencies or contracts if compliance impairs procurement efficiency or serves the national interest. Exemption requests must follow DOL procedures.
Responsibilities
- Contracting Officers: Must determine if a contract or subcontract qualifies for an exception or exemption and ensure proper documentation.
- Contractors: Should verify if their contract falls under an exception or if an exemption has been granted.
- Agencies: May request exemptions through the Department of Labor as needed.
Practical Implications
- This section helps contracting professionals quickly identify when the notification requirements do not apply, reducing unnecessary compliance burdens. It also provides a formal process for seeking exemptions in special cases, ensuring flexibility in government procurement. Common pitfalls include failing to recognize when exceptions apply or not following the correct process for exemption requests.