§ 1822.101-72 - Workers Adjustment and Retraining Notification (WARN) Act.

(a) The WARN Act (Pub. L. 100-379) provides that employers of 100 or more full-time employees or 100 or more employees who work 4,000 hours in a work week shall give 60 days notice to affected employees prior to a plant closing or mass layoff as defined in the Act. When the required notice is not given, certain wage and benefit protections accrue to affected employees and financial penalties may be assessed against the employer.

(b) The Act may apply to certain NASA contracts (e.g., on-site support service contracts) if the incumbent fails to win on recompetition for the succeeding period or if the contract requirement is discontinued. Some of the costs for noncompliance with the Act could be subject to reimbursement by the Government. Accordingly, the contracting officer shall give a letter notification to on-site support service contractors alerting them to the possible applicability of the WARN Act.

(c) Implementation of the Act requires no action by the Government. NASA employees are not to offer advice to contractor employees or to the management of affected contractors concerning implementation of the Act. Government employees and officials are not covered by the Act.