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Electronic Code of Federal Regulations

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

Title 48Chapter 5Subchapter D → Part 522


Title 48: Federal Acquisition Regulations System


PART 522—APPLICATION OF LABOR LAWS TO GOVERNMENT ACQUISITIONS


Contents

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.
522.804-2   Construction.
522.805   Procedures.
522.807   Exemptions.

Authority: 40 U.S.C. 121(c).

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

Subpart 522.1—Basic Labor Policies

522.101   Labor relations.

522.101-1   General.

The Office of General Counsel (OGC) and the agency labor advisor shall—

(a) Serve as the GSA points of contact on all contractor labor relations matters;

(b) Initiate contact on contractor labor relations matters with national offices of labor organizations, Government departments, agencies or other governmental organizations. Contracting offices shall notify OGC and the agency labor advisor when they are contacted by such external organizations;

(c) Serve as a clearinghouse for information on labor laws applicable to Government acquisitions; and

(d) Respond to questions involving FAR Part 22, Application of Labor Laws to Government Acquisitions, or other contractor labor relations matters concerning GSA acquisition programs. OGC determines the agency's legal position.

[73 FR 46203, Aug. 8, 2008]

522.103-5   Contract clauses.

Insert FAR 52.222-1, Notice to the Government of Labor Disputes, in solicitations and contracts for DX rated orders under the Defense Priorities and Allocations System (DPAS). Information on the DPAS can be found at FAR Subpart 11.6, Priorities and Allocations.

[73 FR 46203, Aug. 8, 2008]

Subpart 522.4—Labor Standards for Contracts Involving Construction

522.406   Administration and enforcement.

522.406-6   Payrolls and statements.

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.

[73 FR 46203, Aug. 8, 2008]

Subpart 522.8—Equal Employment Opportunity

522.803   Responsibilities.

Contracting officers should submit questions on the applicability of E.O. 11246 and implementing regulations to assigned legal counsel.

[64 FR 37220, July 9, 1999, as amended at 73 FR 46203, Aug. 8, 2008]

522.804   Affirmative action programs.

522.804-1   Nonconstruction.

(a) The requirements of FAR 22.804 also apply to each contractor and subcontractor with 50 or more employees that either:

(1) Serves as a depository of Government funds; or

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

(b) The contractors, subcontractors, and financial institutions described in 522.804-1(a) must develop a written affirmative action compliance program for each of its establishments regardless of the contract or holding value, in accordance with 41 CFR 60-1.40.

[64 FR 37220, July 9, 1999, as amended at 73 FR 46203, Aug. 8, 2008]

522.804-2   Construction.

Goals for the employment of minorities and women in the construction industry are established by the Director, Office of Federal Contract Compliance Programs (OFCCP), Department of Labor. The current goal for the utilization of women is 6.9%, regardless of the location of the Federal contract. This goal was extended indefinitely by the Department of Labor in 1980. The current goals for minority participation vary by location and are listed in the Technical Assistance Guide for Construction Participation Goals for Minorities and Females. This guide can be accessed at http://www.dol.gov/ofccp/index.htm.

[73 FR 46203, Aug. 8, 2008, as amended at 81 FR 1532, Jan. 13, 2016]

522.805   Procedures.

(a) To determine whether the contract meets the threshold in FAR 22.805(a), contracting officers shall 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) Contracting officers shall submit preaward clearance requests directly to the appropriate OFCCP regional office. A list of these offices can be found at http://www.dol.gov/ofccp/contacts/ofnation2.htm.

(c) The EEO poster required by FAR 22.805(b) can be found at: http://www.dol.gov/ofccp/regs/compliance/posters/ofccpost.htm In addition to providing this poster to each non-exempt contractor, the contracting officer shall advise contractors to complete the Employer Information Report (EEO-1) at http://www.eeoc.gov/eeo1survey/index.html.

[64 FR 37220, July 9, 1999, as amended at 73 FR 46203, Aug. 8, 2008; 81 FR 1532, Jan. 13, 2016]

522.807   Exemptions.

The agency labor advisor submits a request for exemption.

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