Are any contracts exempt from the employee notice clause requirement?
A. The employee notice clause does not have to be included in collective bargaining agreements as defined in 5 U.S.C. 7103(a)(8). The clause also does not have to be included in government contracts for purchases below the “Simplified Acquisition Threshold” (currently $100,000) as defined in the Office of Federal Procurement Policy Act, 41 U.S.C. 403, 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 the implementing regulations; 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.
A. The employee notice clause does not have to be included in collective bargaining agreements as defined in 5 U.S.C. 7103(a)(8). The clause also does not have to be included in government contracts for purchases below the “Simplified Acquisition Threshold” (currently $100,000) as defined in the Office of Federal Procurement Policy Act, 41 U.S.C. 403, 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 the implementing regulations; 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.
