PART 1822

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 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

 

1822.000-70Scope of part.

†† (a)Contracting officers shall consult with the Centerís ContractorIndustrial 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

 

1822.101Labor relations.

 

1822.101-1General.

†† (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.

 

1822.101-70Admission 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.

 

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.

†† 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

 

1822.400-70Contacts 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 Centerís Contractor Industrial Relations Office.The Centerís 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.

 

1822.406-8Investigations.

†† (a)The contracting officer is responsible for conducting investigations of labor violations relative to contracts under their cognizance in coordination with the Centerís Contractor Industrial Relations Officer.

†† (d) Reports of substantial violations or refusals to pay shall be sent to Code LD040.††

 

1822.406-9Withholding 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.

 

Subpart 1822.6--Walsh-Healey Public Contracts Act

 

1822.604Exemptions.

 

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 Opportunity

 

1822.804Affirmative action programs.

 

1822.804-2Construction.

†† (b)The Headquarters Office of Procurement, Contract Management Division will furnish each procurement officer the listing.

 

1822.807Exemptions.

†† 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.

 

1822.810Solicitation 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

 

1822.1001Definitions.

†† "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 Centerís 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.

 

1822.1008Procedures 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 Centerís 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 1822.13óEqual Opportunity for Veterans

 

1822.1305Waivers.

(c) Requests for waivers shall be submitted to the Associate Administrator for Diversity and Equal Opportunity Office (Code YA00).

 

1822.1308Complaint 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

 

1822.1403Waivers.

†† (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

 

1822.1503Procedures 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 NASAís Office of Inspector General.