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FAR and DFARS › FAR Part 22: Application of Labor Laws to Government Acquisitions › Subpart 22.16

FAR 22.1605 Contract clause.

The codified text (eCFR, as of 2026-10-02). Under the Revolutionary FAR Overhaul ↗, agencies follow class deviations with new text for many parts while the formal rules go through the Federal Register: check the solicitation and your contract's clauses, which rule.

In plain English

This section tells contracting officers when to put the clause at 52.222-40, Notification of Employee Rights under the National Labor Relations Act, into solicitations and contracts. It applies broadly, including to commercial products, commercial services, and commercially available off-the-shelf items, but there are exceptions. Contractors should know that if the clause is included, it becomes part of their contract obligations.

Applies to: Solicitations and contracts, including commercial acquisitions, with certain exceptions

Key terms: 52.222-40 · Notification of Employee Rights under the National Labor Relations Act · simplified acquisition threshold · indefinite-quantity contracts · commercially available off-the-shelf items

Written by AI from this section's text. A guide, not legal advice: the text below rules.

The text

(a) Insert the clause at 52.222-40, Notification of Employee Rights under the National Labor Relations Act, in all solicitations and contracts, including acquisitions for commercial products, commercial services, and commercially available off-the-shelf items, except acquisitions—

(1) Under the simplified acquisition threshold. For indefinite-quantity contracts, include the clause only if the value of orders in any calendar year of the contract is expected to exceed the simplified acquisition threshold;

(2) For work performed exclusively outside the United States; or

(3) Covered (in their entirety) by an exemption granted by the Secretary.

(b) A contracting agency may modify the clause at 52.222-40, if necessary, to reflect an exemption granted by the Secretary (see 22.1603(b)).

Sections it refers to

  • 52.222-40 Notification of Employee Rights Under the National Labor Relations Act.
  • 22.1603 Exceptions.

Sections that refer to it

  • 52.222-40 Notification of Employee Rights Under the National Labor Relations Act.

← 22.1604 Compliance evaluation and complaint investigations and sanctions for violations. · 22.1700 Scope of subpart. →

Rule changes for FAR Part 22

Source: eCFR, 48 CFR chapters 1 and 2 (GPO GovInfo bulk data) ↗. Plain words for the terms: glossary.

FAR 22.1605 Contract clause · SpendQuery