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 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
(a) Contracting officers shall 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) 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 LD040).
(c) 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
(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.
(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 LD040).
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 LD040
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 LD040) 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 LD040.
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 Center’s
Contractor Industrial Relations Office. The Center’s Contractor Industrial
Relations Officer will coordinate the information and requirements with the
Headquarters Contractor Industrial Relations Office (Code LD040).
1822.404-3
Procedures for requesting
wage determinations.
(a)
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.
(b)
Contracting
officers shall ensure Davis-Bacon Act wage determinations are updated
periodically consistent with FAR 22.1007.
(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.
(d) Reports of substantial violations or refusals to pay shall be sent
to Code LD040.
1822.406-9 Withholding from or suspension of
contract payments.
(c)(4) Code LD040 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, Contract
Management Division. 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 LD040).
Subpart
1822.8--Equal Employment
1822.804 Affirmative action programs.
(b) The Headquarters Office of Procurement, Contract
Management Division 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,
Program Operations Division.
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 LD040). All contacts with the Department of Labor required
by FAR 22.10, except for
wage determinations, shall be conducted through the Center’s Contractor
Industrial Relations Officer who will coordinate the information and
requirements with the Headquarters Contractor Industrial Relations Officer,
Code LD040 prior to contacting the Department of Labor.
1822.1008
Procedures for obtaining
wage determinations.
Contracting
Officers shall download WDs from www.wdol.gov.
When unavailable at that site, contracting officers shall complete the
online electronic
(e98) form requesting the WD from the Department of Labor prior to release of
all solicitations and the exercise of contract options and/or anniversary dates
in accordance with the FAR. Contracting
Officers shall contact their Center’s Contractor Industrial Relations Officer if
assistance is needed in completing the electronic e98 or in determining which
particular online wage determination is applicable to a specific acquisition.
Subpart 1822.13—Equal Opportunity for
Veterans
(c)
Requests for waivers shall be submitted to the Associate Administrator for Diversity and
Equal Opportunity Office (Code YA00).
1822.1308 Complaint procedures.
Contracting
officers shall submit all complaints to the Associate Administrator for Diversity and
Equal Opportunity Office (Code YA00).
Subpart
1822.14--Employment of Workers with
Disabilities
(c) Requests for waivers shall be submitted to the
Associate
Administrator for Diversity and Equal Opportunity Office (Code YA00).
1822.1406 Complaint procedures.
Contracting
officers shall submit all complaints to the Associate
Administrator for Diversity and Equal Opportunity Office (Code YA00).
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.