NASA Procedures and Guidelines
This Document is Obsolete and Is No Longer Used. Check the NODIS Library to access the current version: http://nodis3.gsfc.nasa.gov
NPR 5200.1D Eff. Date: June 23, 1997 Cancellation Date:	Industrial Labor Relations Manual (Revalidated April 10, 2013, with admin. changes)
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CHAPTER 6: Preparation for Variance Hearings Conducted Pursuant to Section 4(c) of the Service Contract Act of 1965, as Amended

6.1.1. The 1972 Amendments to the Service Contract Act of 1965 in Section 4(c) provides that interested parties may request a Department of Labor hearing to determine if collectively bargained wages and fringe benefits are at variance (higher or lower) with those prevailing in the locality. Such hearings may be requested by the union, the contractor, or by the contracting agency.

6.1.2. The party requesting the hearing has the initial burden of supporting the hearing request with prima facie evidence that the alleged variance exists. If a hearing is granted, each party may present detailed evidence in an attempt to prove the existence or nonexistence of the variance.

6.1.3. Prior to making a decision as to whether a hearing will be requested by NASA, the NASA Center Contracting Officer and Center Contractor Industrial Relations Officer will discuss the issues in question with the Agency Contractor Industrial Relations Officer, then the preliminary data will be obtained and compiled. After reviewing the data, if it is determined that a substantial variance exists, a request for a variance hearing will be formally prepared by the Agency Contractor Industrial Relations Officer with the concurrence of the Office of Procurement and the Office of General Counsel. If the request for a hearing is approved by the Department of Labor, additional data will be collected as required. The NASA Headquarters Contractor Industrial Relations Officer will advise the Center on the variance procedure, including advice on how to prepare the analysis and where to file the hearing.

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