Who Is Subject to the Employee Notice Rule?
The Final Rule applies to government contracts that are solicited on or after June 21, 2010, and exceed the simplified acquisition threshold of $100,000. Subcontractors, whether at the first-tier level or below, with subcontracts of at least $10,000, are also subject to the Final Rule, so long as the subcontract is “necessary to the performance of the prime contract.” The Final Rule does not affect existing government contracts, and therefore covered contractors and subcontractors are not required to amend current contracts to comply with the Final Rule. The Final Rule exempts nonprofits and religious institutions, among others, from the notice requirement as well as government contracts under which the work is performed exclusively outside of the territorial United States.
