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Clauses · FAR · Small business, labor and socioeconomic

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

Does the regulation require it to flow down?

Yes

Every subcontract > $10,000 performed wholly or partly in the US

Form
substance, including (f) itself — self-perpetuating
Reaches
all tiers

Checked against acquisition.gov on 2026-08-04 · edition Dec 2010 · base v0.9.3 Read the text ↗

What it makes you produce

One item for your checklist.

  1. Something you write

    Days to weeks, and nobody outside your company has to agree to it.

    • The Department of Labor notice of employee rights under the National Labor Relations Act, posted where you post other notices to employees, in the languages your workforce reads

      FAR 52.222-40(b)

When it is used

Prescription: contracts > SAT ($350k) unless the work is 100% outside the US. For the sub: > $10,000 performed in the US.

Read closely

Where the company customarily posts notices to employees electronically, paragraph (b) asks for the link as well, under the exact title it prescribes. The cost is printing a poster. The subcontract threshold in paragraph (f)(1) is $10,000 and is fixed by the Executive Order rather than indexed, and paragraph (f) carries the substance, including itself, to every tier where the work is performed wholly or partly in the United States.

The 19 templates that name it, with the line
76CORPDOC 2A — FAR/DFARS Flowdown Provisions for Commercial Products/Services under a DoD Prime ContractLockheed Martinline 99143CORPDOC 3A — FAR/DFARS Flowdown Provisions for Fixed Price Non-Commercial Items under a DoD Prime ContractLockheed Martinline 171155CORPDOC 4A — FAR/DFARS Flowdown Provisions for Cost-Reimbursement/T&M Subcontracts under a DoD Prime ContractLockheed Martinline 191233RTX Flowdown of U.S. Government Contract Clauses Under U.S. Government ContractsRTXline 57151Raytheon TC-001 — General Terms and Conditions of PurchaseRTXline 469105Raytheon TC-002 — Supplement 1: Government Contract Provisions from the FARRTXline 152166Northrop Grumman CTM-P-ST-001 — U.S. Government Firm Fixed Price Order (Not for Commercial Products and Services)Northrop Grummanline 226869Northrop Grumman CTM-P-ST-002 — U.S. Government FFP or T&M Order for Commercial Products and ServicesNorthrop Grummanline 2343166Northrop Grumman CTM-P-ST-003 — U.S. Government T&M Order (Not for Commercial Products and Services)Northrop Grummanline 2210168Northrop Grumman CTM-P-ST-004 — U.S. Government Cost Reimbursement Order (Not for Commercial Products and Services)Northrop Grummanline 2301255GD Mission Systems SCM-TMP-005 — General Provisions, Firm Fixed Price PO under U.S. Government Contract (Non-Commercial)General Dynamicsline 962243GD Mission Systems SCM-TMP-048 — T&M Purchase Orders for Non-Commercial Items in Support of a U.S. Government ContractGeneral Dynamicsline 1951122GD Mission Systems SCM-TMP-095 — FFP Purchase Orders for Commercial/COTS Products or Services in Support of a U.S. Government ContractGeneral Dynamicsline 1005240L3Harris LGL-50.F1 — General T&C and Flowdown Clauses for Other Than Commercial Products/Services under a U.S. Government ContractL3Harrisline 1829106L3Harris LGL-50.F2 — General T&C and Flowdown Clauses for Commercial Products/Services under a U.S. Government ContractL3Harrisline 1449273BAE Systems Inc. USGOVA — FAR/DFARS Flow Down Provisions for Subcontracts/Purchase Orders under a U.S. Government (DoD) Prime ContractBAE Systemsline 441107Honeywell — Supplemental Provisions Under Fixed Price U.S. Government Contracts for Commercial ItemsHoneywellline 19089AAR Government Services — C40 Purchase Order General Provisions, Non-Commercial Firm Fixed Price Items or ServicesAAR Corpline 1755178AAR Component Services NY — U.S. Government Contract FAR and DFARS Clauses Incorporated by ReferenceAAR Corpline 693

Source: acquisition.gov, FAR 52.222-40 and 22.1605 (verified 2026-08-04)

This is research, not legal advice. It states what the regulation says about this clause and cites the paragraph behind it. It does not rule on your order, and it does not rule on whether a prime's markings are correct.