48 CFR § 22.1605 - 22.1605 Contract clause.
---
identifier: "/us/cfr/t48/s22.1605"
source: "ecfr"
legal_status: "authoritative_unofficial"
title: "48 CFR § 22.1605 - 22.1605 Contract clause."
title_number: 48
title_name: "Federal Acquisition Regulations System"
section_number: "22.1605"
section_name: "22.1605 Contract clause."
chapter_number: 1
chapter_name: "FEDERAL ACQUISITION REGULATION"
subchapter_number: "D"
subchapter_name: "SOCIOECONOMIC PROGRAMS"
part_number: "22"
part_name: "APPLICATION OF LABOR LAWS TO GOVERNMENT ACQUISITIONS"
positive_law: false
currency: "2026-03-24"
last_updated: "2026-03-24"
format_version: "1.1.0"
generator: "[email protected]"
authority: "41 U.S.C. 1121(b); 40 U.S.C. 121(c); 10 U.S.C. chapter 4 and 10 U.S.C. chapter 137 legacy provisions (see 10 U.S.C. 3016); and 51 U.S.C. 20113."
regulatory_source: "48 FR 42258, Sept. 19, 1983, unless otherwise noted."
cfr_part: "22"
---
# 22.1605 22.1605 Contract clause.
(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)).
[66 FR 5347, Jan. 18, 2001, as amended at 86 FR 61028, Nov. 4, 2021]