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Class Deviation – FAR 52.222-40 - Notification of Employee Rights under the National Labor Relations Act

June 28, 2010

TO:

Heads of Contracting Activity

FROM:

Nancy J. Gunderson /S/
Deputy Assistant Secretary for Grants & Acquisition Policy and Accountability, and Acting Associate Deputy Assistant Secretary for Acquisition

SUBJECT:

Class Deviation—Notification of Employee Rights under the National Labor Relations Act

Purpose: Executive Order (E.O.) 13496, Notification of Employee Rights under Federal Labor Laws [dated January 30, 2009] at EO 13496, requires inclusion of the “Notification of Employee Rights under the National Labor Relations Act” clause (attached) in contracts resulting from solicitations issued on or after the effective date of Department of Labor’s (DoL) implementing rule (June 21, 2010).

Guidance: While FAR Case 2010-006 (Notification of Employee Rights under the National Labor Relations Act) will implement E.O. 13496 government-wide, that FAR case is not expected to be published until late July 2010.  To implement E.O. 13496 at HHS prior to a FAR change, I hereby approve a class deviation requiring HHS contracting officers to include the attached “Notification of Employee Rights under the National Labor Relations Act” clause in: (a) all applicable HHS solicitations issued on or after June 21, 2010; and (b) all applicable HHS contracts resulting from solicitations issued on or after June 21, 2010.  This requirement is subject to the exceptions identified in Civilian Agency Acquisition Council (CAAC) Letter 2010-03, dated June 18, 2010 (attached).

Effective Date: Immediately.  This deviation shall remain in effect until publication of FAR Case 2010-006.

CAAC Consultation: CAAC Letter 2010-03 constitutes the consultation required by FAR 1.404 for class deviations.

If you have any question regarding this class deviation, please contact Gary Boyd at 202-205-4321 or at gary.boyd@hhs.gov.

Attachment

cc:  FAR Secretariat