APPLICATION OF LABOR
LAWS TO GOVERNMENT ACQUISITIONS
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.
1822.404-3 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
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 preparing and
submitting Notice (SF 98/98a).
1822.1008-270 Additional information for the
preparation of SF 98/98a.
1822.1008-7 Required time of submission of
Notice.
SUBPART 1822.13 SPECIAL
DISABLED VETERANS, VETERANS OF THE
AND
OTHER ELIGIBLE 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
(a) Contracting officers shall consult with the
installation labor relations advisor or designee when taking any of the actions
prescribed or authorized in FAR Part 22 or NFS Part 1822.
(b) Proposed actions having a substantial impact
on the activities of NASA or other Government agencies shall be approved by the
Headquarters Contractor Industrial Relations Office (Code JR).
Subpart
1822.1--Basic Labor Policies
(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:
(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.
(e) Programs or requirements that result in
contracts in excess of the simplified acquisition threshold shall require
contractors to notify NASA of actual or potential labor disputes that are
delaying or threaten to delay timely contract performance.
1822.101-3 Reporting labor disputes.
Reports
of potential or actual labor disputes affecting NASA acquisitions, operations,
or services shall be submitted to the Headquarters Contractor Industrial
Relations Office (Code JR). These
reports shall be made as early as possible and shall include immediately
available information. Supplemental reports shall be made to provide
appropriate additional information.
Reports shall describe at a minimum:
(1) The nature of the potential or actual
dispute, including whether a strike, lockout, slow-down, shut-down, or
picketing is involved and the degree of emergency presented;
(2) The character, quantity, and importance
of the supplies, operations, or services involved, including scheduled
performance and delivery dates and their relationship to the total acquisition
program;
(3) The identity and location of the parties
to the dispute and their representatives, including the approximate number of
employees involved;
(4) The need for and availability of
alternative resources to furnish the items involved within the time required;
(5) Any critical items that should be removed
from the plant or work site or should continue to be processed there with the
consent of the parties to the dispute; and
(6) Recommended action to be taken by NASA.
1822.101-4 Removal of items from contractors' facilities affected by work stoppages.
(a)(3) The contracting officer shall obtain approval
from Code JR for any contemplated action.
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.
(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.
Insert the
clause at 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 Director of the Headquarters Contractor
Industrial Relations Office (Code JR) is the agency head designee.
(d) Disposal of funds withheld or collected for
liquidated damages shall be in accordance with direction of the Director of
Code JR.
Subpart 1822.4--Labor
Standards for Contracts Involving Construction
1822.400-70 Contacts with the Department of Labor.
All
contacts with the Department of Labor required by FAR
Subpart 22.4, except for wage determinations, shall be conducted
through the Headquarters Contractor Industrial Relations Office (Code JR). Contracting officers shall submit all pertinent
information to Code JR in support of Code JR for contacts. For wage determinations, contracting officers
shall submit all requests directly to
1822.404-3 Procedures for
requesting wage determinations.
Contracting
officers shall submit requests for project wage determinations to GSFC at least
55 days (70 days if possible) before issuing the solicitation.
(a) The contracting officer is responsible for
conducting investigations of labor violations relative to contracts under their
cognizance.
(d) Reports of violations shall be sent to Code
JR.
1822.406-9 Withholding from or suspension of contract
payments.
(c)(4) Code JR shall determine the disposal of funds.
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
(Code HK). Negative statements are
required.
1822.604-2 Regulatory exemptions.
(b) Requests for exemptions shall be submitted in
writing through the contracting officer to the Headquarters Contractor
Industrial Relations Office (Code JR).
Subpart
1822.8--Equal Employment
1822.804
Affirmative action programs.
(b) The Headquarters Office of Procurement (Code
HK) will furnish each procurement officer the listing.
Requests
for exemption pursuant to FAR
22.807(a)(1), (a)(2), or
(b)(5) shall be sent to the Headquarters Office of Procurement (Code HS).
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(b)(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
"Agency labor advisor" is the Director of the Headquarters Contractor
Industrial Relations Office (Code JR).
All contacts with other agencies required by FAR Subpart 22.10 shall be conducted through Code
JR. Contracting officers shall submit
all pertinent information to Code JR in support of the required contacts.
1822.1008
Procedures for preparing and
submitting Notice (SF 98/98a).
1822.1008-270 Additional information for the preparation of
SF 98/98a.
The
information listed below by item number shall be furnished, in addition to that
required by the SF 98/98a:
(a) Item 6.
Insert on the far left side of the block the code identifying the type
of proposed action:
|
Code |
Proposed Action |
|
I
|
New contract (use only when
services are not presently being performed). |
|
II |
Recompetition of services. |
|
III |
Contract modifications affecting the
scope of the work. |
|
IV
|
Extension of contract performance
through exercise of an option or otherwise. |
|
V |
Other.
When a multiple year contract (funding is not subject to annual
appropriation) is to be entered into, specify "multiple year R&D
funded" on the SF 98. |
(b) Item 8.
(1) If the proposed contract will be awarded under
Section 8(a) of the Small Business Act, insert both the Small Business
Administration and the name of the subcontractor.
(2) If no wage determination is available for the
particular contract, insert "None" in Item 8.b.
(c) Item 10. Add the solicitation
number.
(d) Item
12.
(1) When entering into a new service contract,
list all classes of work expected to be performed under the contract under this
item, regardless of whether the class of employees is considered professional,
executive, administrative, or hourly.
However, if submission of the SF 98/98a is in connection with any action
other than a new contract (Code I in paragraph (a) of this subsection), list
only the classes of work that the incumbent indicates are
"nonexempt."
(2) When classifications include both categories
of employees covered by a collective bargaining agreement and those not
represented by a union, mark the classifications that are unionized with an
asterisk.
(3) If the classification of work is not known,
use the most descriptive job title available for the work to be performed under
the contract.
(e) Item 13.
If the number of employees is not known, the estimated hours required to
perform the tasks should be indicated so that staffing estimates can be determined
and listed.
(f) Item 14. Include in this item the wage rates that
would be paid if the employees were subject to 5 U.S.C. 5332 (GS grades).
1822.1008-7 Required time of submission of notice.
(a) Contracting officers shall submit the notices
to
(b) When the circumstances in FAR 22.1008-7(b)
apply, contracting officers shall submit the required notices to GSFC at least
40 days before initiating the associated contract actions.
(c) Contracting officers shall contact GSFC before
initiating any action when the circumstances in FAR 22.1008-7(c) and (d) apply.
Subpart 1822.13--Special
Disabled Veterans, Veterans of the
and Other Eligible Veterans
(c) Requests for
waivers shall be submitted to the Assistant Administrator for Equal Opportunity
Programs (Code E).
1822.1308
Complaint procedures.
Contracting
officers shall submit all complaints to the Assistant Administrator for Equal
Opportunity Programs (Code E).
Subpart
1822.14--Employment of Workers with Disabilities
(c) Requests for waivers shall be submitted to the
Assistant Administrator for
Equal Opportunity Programs (Code E).
1822.1406 Complaint procedures.
Contracting
officers shall submit all complaints to the Assistant Administrator for Equal Opportunity Programs (Code E).
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.