FAR 22.1010—Notification to interested parties under collective bargaining agreements.
Plain-English Summary
FAR 22.1010 tells the contracting officer how to notify interested parties when a service contract is covered by a collective bargaining agreement. It addresses four main topics: determining whether the incumbent prime contractor’s or subcontractors’ service employees are represented by a collective bargaining agent, giving written notice to the incumbent contractor and the union or other bargaining representative, identifying the specific type of upcoming action that triggers notice (a successor contract, a contract modification, or a multiple-year contract anniversary date), and timing and recordkeeping for that notice. The purpose is to protect the wage and fringe benefit rights of service employees and to support the Service Contract Labor Standards rules that depend on timely notice to the parties. In practice, this section matters because the timing of notice can affect whether certain wage determinations and collective bargaining agreement terms are recognized under FAR 22.1012-2(a) and (b). Contracting officers must therefore identify union coverage early, send notice at least 30 days before the relevant acquisition date, and keep proof in the contract file. Contractors should expect the government to notify both them and the bargaining agent when a covered follow-on action is coming.
Key Rules
Check for union coverage
The contracting officer should determine whether the incumbent prime contractor’s service employees, or the subcontractors’ service employees on the current contract, are represented by a collective bargaining agent. This threshold determination drives whether the notice requirement applies.
Notify both parties in writing
If a collective bargaining agent exists, the contracting officer must give written notification to both the incumbent contractor and the employees’ collective bargaining agent. The notice is not optional and must go to both the employer and the representative.
Identify the upcoming action
The notice must describe the forthcoming event that may affect the contract: a successor contract, a contract modification, or a multiple-year contract anniversary date. The notice must also identify the applicable acquisition dates, such as solicitation issuance, bid opening, negotiation start, award, performance start, option exercise, extension, change in scope, or the annual/biennial anniversary date, as applicable.
Meet the 30-day lead time
The written notice must be provided at least 30 days before the earliest applicable acquisition date or the applicable annual or biennial anniversary date. This timing is necessary for the time-of-receipt rules in FAR 22.1012-2(a) and (b) to apply.
Keep a copy in the file
The contracting officer must retain a copy of the notification in the contract file. This creates the record needed to show compliance with the notice requirement and the timing requirement.
Responsibilities
Contracting Officer
Determine whether the incumbent contractor’s or subcontractors’ service employees are represented by a collective bargaining agent; if so, issue written notice to both the incumbent contractor and the bargaining agent; ensure the notice is sent at least 30 days before the earliest applicable acquisition date or anniversary date; and place a copy of the notice in the contract file.
Incumbent Contractor
Receive the government’s written notice and, where applicable, coordinate with the collective bargaining representative regarding the upcoming successor contract, modification, or anniversary-date event.
Employees’ Collective Bargaining Agent
Receive the written notice from the contracting officer and use it to protect and assert the represented employees’ interests in connection with the upcoming acquisition action.
Subcontractors with Covered Service Employees
Although the notice is sent to the incumbent contractor and bargaining agent, subcontractor employee coverage must be considered in the contracting officer’s determination because subcontractor service employees may also be represented by a collective bargaining agent.
Practical Implications
This section is a timing rule as much as a notice rule: if the government misses the 30-day window, the special time-of-receipt protections in FAR 22.1012-2(a) and (b) may not apply.
Contracting officers should identify union coverage early in acquisition planning, especially for service contracts with incumbent workforces, options, extensions, or follow-on awards.
A common pitfall is checking only the prime contractor’s workforce and overlooking subcontractor employees who may be covered by a collective bargaining agreement.
Another frequent issue is failing to document the notice in the contract file; without the file copy, it can be difficult to prove compliance later.
The rule helps avoid disputes over wage and benefit obligations by ensuring the union and contractor know about the upcoming action before key acquisition milestones occur.
Official Regulatory Text
(a) The contracting officer should determine whether the incumbent prime contractor’s or its subcontractors’ service employees performing on the current contract are represented by a collective bargaining agent. If there is a collective bargaining agent, the contracting officer shall give both the incumbent contractor and its employees’ collective bargaining agent written notification of- (1) The forthcoming successor contract and the applicable acquisition dates (issuance of solicitation, opening of bids, commencement of negotiations, award of contract, or start of performance, as the case may be); or (2) The forthcoming contract modification and applicable acquisition dates (exercise of option, extension of contract, change in scope, or start of performance, as the case may be); or (3) The forthcoming multiple year contract anniversary date (annual anniversary date or biennial date, as the case may be). (b) This written notification must be given at least 30 days in advance of the earliest applicable acquisition date or the applicable annual or biennial anniversary date in order for the time-of-receipt limitations in paragraphs 22.1012-2 (a) and (b) to apply. The contracting officer shall retain a copy of the notification in the contract file.