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Electronic Code of Federal Regulations

e-CFR data is current as of April 2, 2020

Title 48Chapter 4Subchapter D → Part 422


Title 48: Federal Acquisition Regulations System


PART 422—APPLICATION OF LABOR LAWS TO GOVERNMENT ACQUISITIONS


Contents

Subpart 422.1—Basic Labor Policies

422.103   Overtime.
422.103-4   Approvals.

Subpart 422.3—Contract Work Hours and Safety Standards Act

422.302   Liquidated damages and overtime pay.

Subpart 422.4—Labor Standards for Contracts Involving Construction

422.404   Davis-Bacon Act wage determinations.
422.404-6   Modifications of wage determinations.
422.406   Administration and enforcement.
422.406.8   Investigations.

Subpart 422.6—Walsh-Healey Public Contracts Act

422.604   Exemptions.
422.604-2   Regulatory exemptions.
422.608   [Reserved]

Subpart 422.8—Equal Employment Opportunity

422.803   Responsibilities.
422.804   Affirmative action programs.
422.804-2   Construction.
422.807   Exemptions.

Subpart 422.13—Special Disabled Veterans, Veterans of the Vietnam Era, and Other Eligible Veterans

422.1305   Waivers.
422.1308   Complaint procedures.

Subpart 422.14—Employment of Workers With Disabilities

422.1403   Waivers.
422.1406   Complaint procedures.

Authority: 5 U.S.C. 301 and 40 U.S.C. 486(c).

Source: 61 FR 53646, Oct. 15, 1996, unless otherwise noted.

Subpart 422.1—Basic Labor Policies

422.103   Overtime.

422.103-4   Approvals.

Requests for the use of overtime shall be approved by an acquisition official at a level above the contracting officer in accordance with the procedures in FAR 22.103-4 (a) and (b).

Subpart 422.3—Contract Work Hours and Safety Standards Act

422.302   Liquidated damages and overtime pay.

Heads of contracting activities (HCA's) are authorized to review determinations of liquidated damages due under section 104(c) of the Contract Work Hours and Safety Standards Act, and to take remedial action, if appropriate, in accordance with FAR 22.302(c). Contractors or subcontractors may request review of administrative determinations of liquidated damages by written notice to the contracting officer. The contracting officer shall promptly forward appeals of liquidated damages determinations to the HCA.

Subpart 422.4—Labor Standards for Contracts Involving Construction

422.404   Davis-Bacon Act wage determinations.

422.404-6   Modifications of wage determinations.

HCA's are authorized to request extension of the 90 day period for award after bid opening as provided in FAR 22.404-6(b)(6).

422.406   Administration and enforcement.

422.406.8   Investigations.

Reports of violations shall be forwarded to the HCA, who shall process such reports in accordance with FAR 22.406-8(d).

Subpart 422.6—Walsh-Healey Public Contracts Act

422.604   Exemptions.

422.604-2   Regulatory exemptions.

The Assistant Secretary for Administration can request the Secretary of Labor to exempt contracts from the Walsh-Healey Public Contracts Act pursuant to FAR 22.604-2(b). A written finding justifying the request for exemption shall be prepared for the Assistant Secretary's signature and submitted by the HCA to the Senior Procurement Executive (SPE) for referral to the Assistant Secretary.

[61 FR 53646, Oct. 15, 1996, as amended at 70 FR 46, Jan. 3, 2005]

422.608   [Reserved]

Subpart 422.8—Equal Employment Opportunity

422.803   Responsibilities.

The contracting office shall submit questions involving the applicability of Executive Order 11246 and FAR subpart 22.8 through the HCA to the SPE for resolution.

422.804   Affirmative action programs.

422.804-2   Construction.

The HCA shall ensure that each contracting office, awarding nonexempt construction contracts, maintains a current listing of covered geographical areas subject to affirmative action requirements specifying goals for minorities and women in covered construction trades.

422.807   Exemptions.

(a) The Assistant Secretary for Administration is authorized to make the determination in FAR 22.807(a)(1) that a contract is essential to the national security.

(b) The contracting officer shall submit requests for exemptions under FAR 22.807(a)(1), (a)(2), and (b)(5) through the HCA to the SPE for determination by the Assistant Secretary of Administration or referral to the Deputy Assistant Secretary for Federal Contract Compliance Programs, Department of Labor, as appropriate.

[61 FR 53646, Oct. 15, 1996, as amended at 70 FR 46, Jan. 3, 2005]

Subpart 422.13—Special Disabled Veterans, Veterans of the Vietnam Era, and Other Eligible Veterans

Source: 70 FR 46, Jan. 3, 2005, unless otherwise noted.

422.1305   Waivers.

(a) The Assistant Secretary for Administration is authorized to make the waiver determination in FAR 22.1305(b) that a contract is essential to the national security.

(b) The contracting officer shall submit requests for exemptions under FAR 22.1305(a) and (b) through the HCA to the SPE for determination by the Assistant Secretary for Administration or referral to the Deputy Assistant Secretary for Federal Contract Compliance Programs, Department of Labor as appropriate.

422.1308   Complaint procedures.

The contracting officer shall forward complaints received about the administration of the Vietnam Era Veterans Readjustment Assistance Act directly to the Department of Labor as prescribed in FAR 22.1308.

Subpart 422.14—Employment of Workers With Disabilities

422.1403   Waivers.

(a) The Assistant Secretary for Administration is authorized to make the waiver determinations under FAR 22.1403(a) and (b) with the concurrence of the Deputy Assistant Secretary for Federal Contract Compliance Programs, Department of Labor.

(b) The contracting officer shall submit requests for waivers through the HCA to the SPE for determination by the Assistant Secretary for Administration.

[61 FR 53646, Oct. 15, 1996, as amended at 70 FR 46, Jan. 3, 2005]

422.1406   Complaint procedures.

The contracting officer shall forward complaints received about the administration of Section 503 of the Rehabilitation Act of 1973, as amended, directly to the OFCCP as prescribed in FAR 22.1406.

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