PART 1822

APPLICATION OF LABOR LAWS TO GOVERNMENT ACQUISITIONS

(September 2015)

 

TABLE OF CONTENTS

 

1822.000-70                            Scope of part.

 

SUBPART     1822.1             BASIC LABOR POLICIES

1822.101                                 Labor relations.

1822.101-1                                    General.

1822.101-3                                    Reporting labor disputes.

1822.101-4                                    Removal of items from contractors' facilities affected by work

                                                  stoppages.

1822.101-70                            Admission of labor representatives to contract sites.

1822.103                                 Overtime.

1822.103-4                                    Approvals.

1822.103-5                              Contract clause.

 

SUBPART     1822.3             CONTRACT WORK HOURS AND SAFETY STANDARDS

                                                  ACT

1822.302                                 Liquidated damages and overtime pay.

 

SUBPART     1822.4             LABOR STANDARDS FOR CONTRACTS INVOLVING     

                                                  CONSTRUCTION

1822.400-70                            Contacts with the Department of Labor.

1822.404-2                                   General requirements.

1822.404-3                                    Procedures for requesting wage determinations.

1822.406-8                                    Investigations.

1822.406-9                                    Withholding from or suspension of contract payments.

1822.406-13                            Semiannual enforcement reports.

 

SUBPART     1822.6             WALSH-HEALEY PUBLIC CONTRACTS ACT

1822.604                                 Exemptions.

1822.604-2                                    Regulatory exemptions.

 

SUBPART     1822.8             EQUAL EMPLOYMENT OPPORTUNITY

1822.804                                 Affirmative action programs.

1822.804-2                                    Construction.

1822.807                                 Exemptions.

1822.810                                 Solicitation provisions and contract clauses.

 

SUBPART     1822.10           SERVICE CONTRACT ACT OF 1965

1822.1001                               Definitions.

1822.1008                               Procedures for obtaining wage determinations.

 

SUBPART     1822.13           EQUAL OPPORTUNITY FOR VETERANS

1822.1305                               Waivers.

1822.1308                               Complaint procedures.

 

SUBPART     1822.14           EMPLOYMENT OF WORKERS WITH DISABILITIES

1822.1403                               Waivers.

1822.1406                               Complaint procedures.

 

SUBPART     1822.15           PROHIBITION OF ACQUISITION OF PRODUCTS

                                                  PRODUCED BY FORCED OR INDENTURED CHILD

                                                  LABOR

1822.1503                               Procedures for acquiring end products on the List of Products

                                                  Requiring Contractor Certification as to Forced or Indentured

                                                  Child Labor.


 

PART 1822

APPLICATION OF LABOR LAWS TO GOVERNMENT ACQUISITIONS

 

1822.000-70  Scope of part.

 

      (a)  Contracting officers should consult with the Center’s Contractor Industrial Relations Officer or designee when taking any of the actions prescribed or authorized in FAR Part 22 or NFS Part 1822.

 

      (b)  All communications with the Department of Labor or national office of a labor organization, on labor relation matters such as disputes shall be conducted through the Center’s Contractor Industrial Relations Officer who will coordinate any information and requirements with the Headquarters Contractor Industrial Relations Officer prior to contacting the Department of Labor or the labor organization.

 

      (c)  Proposed responses to actions having a substantial impact (e.g. labor disputes, work stoppages, plant seizures, injunctive actions, labor relations adversely affecting NASA) on the activities of NASA or other Government agencies shall be coordinated with the Center’s Industrial Relations Officer for approval by the Headquarters Contractor Industrial Relations Officer.

 

      (d)  The NASA Industrial Labor Relations Guide provides agency-wide guidance to individuals involved in the acquisition of supplies or services (including construction) applicable to labor laws and is available at: http://prod.nais.nasa.gov/portals/pl/pre_sol_planning.html .

 

Subpart 1822.1—Basic Labor Policies

 

1822.101  Labor relations.

 

1822.101-1  General.

 

      (d)  When a strike that may have an adverse effect on NASA programs is imminent or in progress at a prime contractor's or subcontractor's plant, contracting officers shall, in coordination with the Center Contractor Industrial Relations Officer

            (i)  Advise both the prime contractor and the head of the union local in writing of the expected impact of the strike on NASA programs and of the actions NASA is considering to protect the Government's interest and prevent delay in the accomplishment of NASA's mission.  If the strike is in a subcontractor's plant, the subcontractor may be approached only through the prime contractor;

            (ii)  Explore the possibility of locating other sources for the supplies or services to have been provided by the strike-threatened plant; and

            (iii)  Consider taking the actions described in FAR 22.101-4.

 

1822.101-3  Reporting labor disputes.

Reports of potential or actual labor disputes affecting NASA acquisitions, operations, or services shall be coordinated through the Center’s Industrial Relations Officer for submission to the Headquarters Contractor Industrial Relations Officer in accordance with NPR 5200.1.

 

1822.101-4  Removal of items from contractors' facilities affected by work stoppages. 

 

      (a)(3)  The contracting officer shall obtain approval from Headquarters Contractor Industrial Relations Officer.

 

1822.101-70  Admission of labor representatives to contract sites.

NASA activities may not prevent the access of labor union representatives to contract sites for the conduct of union business if their activities are compatible with safety and security regulations and performance of the contract work involved in accordance with NPR 5200.1.

 

1822.103  Overtime.

 

1822.103-4  Approvals.

 

      (a)  The contracting officer is authorized to approve overtime premiums at Government expense.  If two or more contracting offices have current contracts at a single facility and approval of overtime by one will affect the performance or cost of contracts of another, the approving official shall obtain the concurrence of other appropriate approving officials and seek agreement as to the contracts under which premiums will be approved.  In the absence of evidence to the contrary, a contracting officer may rely on the contractor's statement that approval will not affect performance or payments under any contract of another contracting office.

 

1822.103-5 Contract clause.

 

      (a)  Insert the FAR clause 52.222-1, Notice to the Government of Labor Disputes, in all solicitations and contracts that exceed the simplified acquisition threshold.

 

Subpart 1822.3—Contract Work Hours and Safety Standards Act

 

1822.302  Liquidated damages and overtime pay.

 

      (c)  The Headquarters Contractor Industrial Relations Officer is the agency head designee.

 

      (d)  The disposition of funds withheld or collected for liquidated damages shall be in accordance with direction of the Headquarters Contractor Industrial Relations Officer.

 

 

Subpart  1822.4—Labor Standards for Contracts Involving Construction

 

All contacts with the Department of Labor required by FAR Subpart 22.4, except for wage determinations, shall be coordinated with the Center’s Contractor Industrial Relations Officer.  The Center’s Contractor Industrial Relations Officer will coordinate the information and requirements with the Headquarters Contractor Industrial Relations Officer.

 

1822.404-2  General requirements.

 

   (c)(5)  Contracting officers should obtain clarifications and coordinate with the Center’s Industrial Relations Officer concerns about the proper application of wage rate schedules to the type or types of construction project involved prior to contacting the DOL Administrator, Wage and Hour Division.

 

1822.404-3  Procedures for requesting wage determinations.

 

   (c)  Contracting officers shall follow the detailed procedure in FAR 22.404-3 and submit a request for review of project Davis-Bacon Act wage determinations and wage determinations unavailable at www.wdol.gov at least 45 days before issuing a solicitation.

 

1822.406-8  Investigations.

 

   (a)  The contracting officer is responsible for conducting investigations of labor violations relative to contracts under their cognizance in coordination with the Center’s Contractor Industrial Relations Officer.  Detailed procedures on how to conduct investigations are found in the NASA Industrial Labor Relations Guide.

 

   (d)  Reports of substantial violations or refusals to pay shall be sent to the Headquarters Contractor Industrial Relations Officer.

 

1822.406-9  Withholding from or suspension of contract payments.

 

   (c)(4)  Headquarters Contractor Industrial Relations Officer shall determine the disposition of contract payments withheld or contract payments suspended and any assessed liquidated damages.

 

1822.406-13  Semiannual enforcement reports.

Procurement officers shall submit semiannual enforcement data within 20 days after the end of the specified reporting periods to the Headquarters Office of Procurement, Contract and Grant Policy Division.  Negative statements are required.

 

Subpart 1822.6—Walsh-Healey Public Contracts Act

 

1822.604  Exemptions.

 

1822.604-2  Regulatory exemptions.

 

      (b)  Requests for exemptions shall be submitted in writing through the contracting officer, in coordination with the Center’s Industrial Relations Officer to the Headquarters Contractor Industrial Relations Office.

 

Subpart 1822.8—Equal Employment Opportunity

 

1822.804  Affirmative action programs.

 

1822.804-2  Construction.

 

      (b)  The Headquarters Office of Procurement, Contract and Grant Policy Division will furnish each procurement officer the listing.

 

1822.807  Exemptions.

Requests for exemption pursuant to FAR 22.807(a)(1), (a)(2), or (b)(5) shall be sent to the Headquarters Office of Procurement, Program Operations Division, who will coordinate through the Headquarters Contractor Industrial Relations Officer and the Agency head.  If the exemption is granted, the Agency head shall notify the Office of Federal Contract Compliance Programs of such action within 30 days.

 

1822.810  Solicitation provisions and contract clauses.

 

      (e)  If an offeror completes a negative representation under FAR 52.222-22, the contracting officer shall obtain the information required by FAR 52.222-26(c)(7) within 30 days of contract award.  This information shall be held in confidence as privileged information in accordance with 32 CFR 286.6(b)(4).

 

Subpart 1822.10—Service Contract Act of 1965

 

1822.1001  Definitions.

   "Agency labor advisor" is the Headquarters Contractor Industrial Relations Officer.

 

1822.1008  Procedures for obtaining wage determinations.

 

1822.1008-1  Obtaining wage determinations.

 

   (e)  Contracting officers shall obtain the assistance of their Contracting Officer’s Representative and Center Contractor Industrial Relations Officer to ensure use of the Service Contract Act Directory of Occupations and ensure incorporation of all service employee classes (Directory and non-Directory) expected to be utilized for a particular acquisition.  When the statement of work job title differs from the Directory job title, the contracting officer must provide a cross-reference on the e98.  Also include and note any classifications and minimum hourly wage rates conformed under any predecessor contract.  When a previously conformed classification is not included in the Directory, include the job description on the e98.

 

1822.1008-2  Section 4(c) successorship with incumbent contractor collective bargaining agreement.

 

      (b)  The requirement for the successor contractor to pay the wages and fringe benefits is applicable until superseded by a new wage determination on the contract.

 

Subpart 1822.13—Equal Opportunity for Veterans

 

1822.1305  Waivers.

 

      (c)  Requests for waivers shall be submitted to the Associate Administrator for Diversity and Equal Opportunity Office.

 

1822.1308  Complaint procedures.

Contracting officers shall submit all complaints to the Associate Administrator for Diversity and Equal Opportunity Office.

 

Subpart 1822.14—Employment of Workers with Disabilities

 

1822.1403  Waivers.

 

      (c)  Requests for waivers shall be submitted to the Associate Administrator for Diversity and Equal Opportunity Office.

 

1822.1406  Complaint procedures.

Contracting officers shall submit all complaints to the Associate Administrator for Diversity and Equal Opportunity Office.

 

Subpart 1822.15—Prohibition of Acquisition of Products Produced by Forced or

 Indentured Child Labor

 

1822.1503  Procedures for acquiring end products on the List of Products Requiring Contractor Certification as to Forced or Indentured Child Labor.

 

      (e)  All investigations under FAR Subpart 22.15 shall be referred to NASA’s Office of Inspector General.

 

Subpart 1822.17—Combating Trafficking in Persons

 

1822.1704  Violations and Remedies.

 

      (a)  Contracting officers shall notify their Center Contractor Industrial Relations Officer upon taking any action for violations and remedies.

 

Subpart 1822.18—Employment Eligibility Verification

 

1822.1802  Policy.

 

      (d)  Contracting officers shall notify the Headquarters Office of Procurement, Procurement Operations Division, who will notify the Headquarters Contractor Industrial Relations Officer of any waivers granted for E-Verify.