PART 2822 - APPLICATION OF LABOR LAWS TO GOVERNMENT ACQUISITIONS

Authority: 28 U.S.C. 510; 40 U.S.C. 486(c); 28 CFR 0.75(j) and 0.76(j).

Source: 87 FR 47118, Aug. 2, 2022, unless otherwise noted.

      Subpart 2822.1 - Basic Labor Policies

           2822.101 Labor relations.

           2822.101-70 Domestic violence, sexual assault, and stalking.

           2822.103 Overtime.

           2822.103-4 Approvals.

      Subpart 2822.3 - Contract Work Hours and Safety Standards Act

           2822.302 Liquidated damages and overtime pay.

      Subpart 2822.4 - Labor Standards for Contracts Involving Construction

           2822.406 Administration and enforcement.

           2822.406-8 Investigations.

           2822.406-12 Cooperation with the Department of Labor.

      Subpart 2822.6 - Contracts for Materials, Supplies, Articles, and Equipment Exceeding $15,000

           2822.604 Exemptions.

           2822.604-2 Regulatory exemptions.

      Subpart 2822.8 - Equal Employment Opportunity

           2822.803 Responsibilities.

           2822.807 Exemptions.

           2822.807-70 Cooperation in equal employment opportunity investigations.

      Subpart 2822.13 - Equal Opportunity for Veterans

           2822.1305 Waivers.

           2822.1310 Solicitation provisions and contract clauses.

      Subpart 2822.14 - Employment of Workers With Disabilities

           2822.1403 Waivers.

           2822.1408 Contract clause.

      Subpart 2822.15 - Prohibition of Acquisition of Products Produced by Forced or Indentured Child Labor

           2822.1503 Procedures for acquiring end products on the List of Products Requiring Contractor Certification as to Forced or Indentured Child Labor.

Subpart 2822.1 - Basic Labor Policies

2822.101 Labor relations.

2822.101-70 Domestic violence, sexual assault, and stalking.

Contracting officers shall insert the clause, JAR 2852.222-70 Domestic Violence, Sexual Assault, and Stalking, in every written solicitation when services will be performed in whole or in part on DOJ premises.

2822.103 Overtime.

2822.103-4 Approvals.

During contract performance, contractor requests for overtime exceeding the amount authorized in paragraph (a) of the clause at FAR 52.222-2, Payment for Overtime Premiums, must be approved at a level above the contracting officer. Such approval should be reflected by the signature of the approving official on the contracting officer's written determination made in accordance with FAR 22.103-4.

Subpart 2822.3 - Contract Work Hours and Safety Standards Act

2822.302 Liquidated damages and overtime pay.

The authority to make the determination prescribed in FAR 22.302(c) is delegated to the HCA, or designee.

Subpart 2822.4 - Labor Standards for Contracts Involving Construction

2822.406 Administration and enforcement.

2822.406-8 Investigations.

The contracting officer shall prepare and forward reports of violations under FAR 22.406-8(d)(1) to the HCA or designee at a level at or above the BPC. That official shall be responsible for processing the report in accordance with FAR 22.406-8(d)(2).

2822.406-12 Cooperation with the Department of Labor.

Any information furnished to the Department of Labor, as required by FAR 22.406-12(a), shall be submitted through the HCA, or designee.

Subpart 2822.6 - Contracts for Materials, Supplies, Articles, and Equipment Exceeding $15,000

2822.604 Exemptions.

2822.604-2 Regulatory exemptions.

The SPE is the agency head for the purposes of FAR 22.604-2(b)(1).

Subpart 2822.8 - Equal Employment Opportunity

2822.803 Responsibilities.

The SPE is the agency head for the purposes of FAR 22.803(c).

2822.807 Exemptions.

The SPE is the agency head for the purposes of FAR 22.807(a)(1).

2822.807-70 Cooperation in equal employment opportunity investigations.

The contracting officer shall insert the clause at FAR 52.222-70, Contractor Cooperation in Equal Employment Opportunity Investigations, in solicitations, contracts, and orders that include the clause at FAR 52.222-26, Equal Opportunity.

Subpart 2822.13 - Equal Opportunity for Veterans

2822.1305 Waivers.

All requests for waiver of the terms of FAR 52.222-35 pursuant to FAR 22.1310(a)(1)(ii) or (a)(2) shall be forwarded from the HCA or designee to OAM, JMD, for review and approval by the AG.

2822.1310 Solicitation provisions and contract clauses.

The SPE is the agency head for the purposes of FAR 22.1310(a)(1)(ii) and (a)(2).

Subpart 2822.14 - Employment of Workers With Disabilities

2822.1403 Waivers.

The SPE is the agency head for the purposes of FAR 22.1403(b).

2822.1408 Contract clause.

The SPE is the agency head for the purposes of FAR 22.1408(a)(2).

Subpart 2822.15 - Prohibition of Acquisition of Products Produced by Forced or Indentured Child Labor

2822.1503 Procedures for acquiring end products on the List of Products Requiring Contractor Certification as to Forced or Indentured Child Labor.

The contracting officer shall refer to the DOJ Inspector General for investigation, under FAR 22.1503(e), any matters relating to that section.