48 C.F.R. PART 522—APPLICATION OF LABOR LAWS TO GOVERNMENT ACQUISITIONS


Title 48 - Federal Acquisition Regulations System


Title 48: Federal Acquisition Regulations System

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PART 522—APPLICATION OF LABOR LAWS TO GOVERNMENT ACQUISITIONS

Section Contents
522.001   Definition.

Subpart 522.1—Basic Labor Policies

522.101   Labor relations.
522.101-1   General.
522.103-5   Contract clauses.

Subpart 522.4—Labor Standards for Contracts Involving Construction

522.406   Administration and enforcement.
522.406-6   Payrolls and statements.

Subpart 522.8—Equal Employment Opportunity

522.803   Responsibilities.
522.804   Affirmative action programs.
522.804-1   Nonconstruction.
522.805   Procedures.
522.807   Exemptions.


Authority:  40 U.S.C. 486(c).

Source:  64 FR 37220, July 9, 1999, unless otherwise noted.

522.001   Definition.
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Agency labor advisory, as used in this part, means the Director of the GSA Acquisition Policy Division, Office of Acquisition Policy.

Subpart 522.1—Basic Labor Policies
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522.101   Labor relations.
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522.101-1   General.
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(a) GSA personnel performing official duties must maintain GSA's impartiality in disputes between labor and contractor management by refraining from involvement in or expressing a position on:

(1) Labor negotiations between contractors and unions.

(2) The merits of any dispute between labor and a contractor's management.

(b) The Office of General Counsel (OGC) and the agency labor advisor:

(1) Serve as focal points on contractor labor relations.

(2) Initiate contact on contractor labor relations matters with national offices of labor organizations, Government departments, agencies or other governmental organizations.

(3) Serve as a clearinghouse for information on labor laws applicable to Government acquisitions.

(4) Respond to questions involving FAR Part 22, this part, or other contractor labor relations matters concerning GSA acquisition programs. OGC determines the agency's legal position.

522.103-5   Contract clauses.
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Insert FAR 52.222–1, Notice to the Government of Labor Disputes, in solicitations and contracts for items on the DoD Master Urgency List.

Subpart 522.4—Labor Standards for Contracts Involving Construction
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522.406   Administration and enforcement.
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522.406-6   Payrolls and statements.
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Statement From Prime Contractors or Subcontractors That Personally Perform Work

(a) Weekly payrolls and statements of compliance with respect to payment of wages are not required from a prime contractor or a subcontractor that personally performs work.

(b) Instead, a prime contractor or a subcontractor that personally performs work must submit weekly certified statements clearly showing the following information:

(1) The individual's contractual relationship.

(2) The scope and date(s) the individual performed the work.

(3) The individual received no wages for the labor performed.

(4) No mechanics or laborers were employed in the prosecution of the work.

(c) Use GSA Form 618–D, Statement to be Submitted When Work is Performed Personally, to furnish this information.

Subpart 522.8—Equal Employment Opportunity
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522.803   Responsibilities.
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Submit questions on the applicability of E.O. 11246 and implementing regulations to assigned legal counsel.

522.804   Affirmative action programs.
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522.804-1   Nonconstruction.
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(a) The requirements of FAR 22.804 also apply to each contractor and subcontractor with 50 or more employees who either:

(1) Serves as a depository of Government funds.

(2) Is a financial institution serving as an issuing and paying agent for U.S. savings bonds and savings notes.

(b) Contractors, subcontractors, and financial institutions must develop a written affirmative action compliance program for each of its establishments even if the amount held is less than $50,000.

522.805   Procedures.
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(a) To determine whether the contract meets the threshold in FAR 22.805(a), include the value of the basic contract plus priced options. A contract modification exercising a priced option is not a contract award under FAR 22.805(a)(1)(ii) and does not a require a preaward clearance.

(b) Submit preaward review requests directly.

Furnishing Information to Contractors

(c) In addition to the poster required by FAR 22.805(b), provide each nonexempt contractor a copy of SF 100.

522.807   Exemptions.
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The agency labor advisor submits a request for exemption.

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