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DFARS 222



Part 222-Application of Labor Laws to Government Acquisitions

TABLE OF CONTENTS

222.001 Definition.

SUBPART 222.1--BASIC LABOR POLICIES

222.101 Labor relations.

222.101-1 General.

222.101-3 Reporting labor disputes.

222.101-3-70 Impact of labor disputes on defense programs.

222.101-4 Removal of items from contractors' facilities affected by work
stoppages.

222.101-70 Acquisition of stevedoring services during labor disputes.

222.102 Federal and State labor requirements.

222.102-1 Policy.

222.103 Overtime.

222.103-4 Approvals.

SUBPART 222.3--CONTRACT WORK HOURS AND SAFETY STANDARDS ACT

222.302 Liquidated damages and overtime pay.

SUBPART 222.4--LABOR STANDARDS FOR CONTRACTS INVOLVING
CONSTRUCTION

222.402 Applicability.

222.402-70 Installation support contracts.

222.403 Statutory and regulatory requirements.

222.403-4 Department of Labor regulations.

222.404 Davis-Bacon Act wage determinations.

222.404-2 General requirements.

222.404-3 Procedures for requesting wage determinations.

222.404-11 Wage determination appeals.

222.406 Administration and enforcement.

222.406-1 Policy.

222.406-6 Payrolls and statements.

222.406-8 Investigations.

222.406-9 Withholding from or suspension of contract payments.

222.406-10 Disposition of disputes concerning construction contract labor

222.406-13 Semiannual enforcement reports.

222.407 Contract clauses.

SUBPART 222.6--WALSH-HEALEY PUBLIC CONTRACTS ACT

222.604 Exemptions.

222.604-2 Regulatory exemptions.

222.608 Procedures.

222.608-4 Award pending final determination.

SUBPART 222.8--EQUAL EMPLOYMENT OPPORTUNITY

222.804 Affirmative action programs.

222.804-2 Construction.

222.805 Procedures.

222.806 Inquiries.

222.807 Exemptions.

SUBPART 222.10--SERVICE CONTRACT ACT OF 1965, AS AMENDED

222.1003 Applicability.

222.1003-1 General.

222.1003-7 Questions concerning applicability of the Act.

222.1008 Procedures for preparing and submitting Notice (SF 98/98a).

222.1008-2 Preparation of SF 98a.

222.1008-7 Required time of submission of Notice.

222.1014 Delay of acquisition dates over 60 days.

SUBPART 222.13--SPECIAL DISABLED AND VIETNAM ERA VETERANS

222.1303 Waivers.

222.1304 Department of Labor notices and reports.

222.1306 Complaint procedures.

222.1308 Contract clauses.

SUBPART 222.14--EMPLOYMENT OF THE HANDICAPPED

222.1403 Waivers.

222.1406 Complaint procedures.

SUBPART 222.70--RESTRICTIONS ON THE EMPLOYMENT OF

222.7000 Scope of subpart.

222.7001 General.

222.7002 Waivers.

222.7003 Contract clause.

SUBPART 222.71--RIGHT OF FIRST REFUSAL OF EMPLOYMENT

222.7100 Scope of subpart.

222.7101 Policy.

222.7102 Contract clause.

SUBPART 222.72-COMPLIANCE WITH LABOR LAWS OF FOREIGN

222.7200 Scope of subpart.

222.7201 Contract clauses.

SUBPART 222.73--BASE OPERATIONS SUPPORT FOR MILITARY

222.7300 Scope of subpart.

222.7301 General.

222.7302 Contract clause.

222.001 Definition.

"Labor advisor," as used in this part, means the departmental or agency headquarters labor advisor.

SUBPART 222.1--BASIC LABOR POLICIES

222.101 Labor relations.

222.101-1 General.

222.101-3 Reporting labor disputes.

The contract administration office shall-

222.101-3-70 Impact of labor disputes on defense programs.

222.101-4 Removal of items from contractors' facilities affected by work stoppages.

222.101-70 Acquisition of stevedoring services during labor disputes.

222.102 Federal and State labor requirements.

222.102-1 Policy.

222.103 Overtime.

222.103-4 Approvals.

SUBPART 222.3--CONTRACT WORK HOURS AND SAFETY
STANDARDS ACT

222.302 Liquidated damages and overtime pay.

Upon receipt of notification of Contract Work Hours and Safety Standards Act violations, the contracting officer shall-

SUBPART 222.4--LABOR STANDARDS FOR CONTRACTS INVOLVING CONSTRUCTION

222.402 Applicability.

222.402-70 Installation support contracts.

222.403 Statutory and regulatory requirements.

222.403-4 Department of Labor regulations.

Direct all questions regarding Department of Labor regulations to the labor advisor.

222.404 Davis-Bacon Act wage determinations.

Not later than April 1 of each year, each department and agency shall furnish the Administrator, Wage and Hour Division, with a general outline of its proposed construction program for the coming fiscal year. The Department of Labor uses this information to determine where general wage determination surveys will be conducted.

222.404-2 General requirements.

222.404-3 Procedures for requesting wage determinations.

222.404-11 Wage determination appeals.

Send a copy of a petition for review filed by the contracting agency to the labor advisor.

222.406 Administration and enforcement.

222.406-1 Policy.

222.406-6 Payrolls and statements.

222.406-8 Investigations.

40 hours per week in accordance with FAR 22.406-2(c);

222.406-9 Withholding from or suspension of contract payments.

222.406-10 Disposition of disputes concerning construction contract labor standards enforcement.

222.406-13 Semiannual enforcement reports.

Forward these reports through the head of the contracting activity to the labor advisor within 15 days following the end of the reporting period. These reports shall not include information from investigations conducted by the Department of Labor. These reports shall contain the following information, as applicable, for construction work subject to the Davis-Bacon Act and the CWHSSA-

222.407 Contract clauses.

In contracts with a State or political subdivision, use the contract clauses prescribed in FAR 22.407, but preface these clauses with the following-

The Contractor agrees to comply with the requirements of the Contract Work Hours and Safety Standards Act and to insert the following clauses in all subcontracts under this contract with private persons or firms.

SUBPART 222.6--WALSH-HEALEY PUBLIC CONTRACTS ACT

222.604 Exemptions.

222.604-2 Regulatory exemptions.

222.608 Procedures.

222.608-4 Award pending final determination.

SUBPART 222.8--EQUAL EMPLOYMENT OPPORTUNITY

222.804 Affirmative action programs.

222.804-2 Construction.

222.805 Procedures.

222.806 Inquires.

222.807 Exemptions.

SUBPART 222.10--SERVICE CONTRACT ACT OF 1965, AS AMENDED

222.1003 Applicability.

222.1003-1 General.

For contracts having a substantial amount of construction, alteration, renovation, painting, or repair work, see 222.402-70.

222.1003-7 Questions concerning applicability of the Act.

Contracting officers may contact the labor advisor by telephone for informal advice. Submit requests for formal determinations as to the Act's applicability to the labor advisor in writing through appropriate channels.

222.1008 Procedures for preparing and submitting Notice (SF 98/98a).

222.1008-2 Preparation of SF 98a.

222.1008-7 Required time of submission of Notice.

222.1014 Delay of acquisition dates over 60 days.

Send update requests in writing directly to the Wage and Hour Division and provide a copy to the labor advisor. The update request shall-

SUBPART 222.13--SPECIAL DISABLED AND VIETNAM ERA VETERANS

222.1303 Waivers.

222.1304 Department of Labor notices and reports.

222.1306 Complaint procedures.

The contracting officer shall-

222.1308 Contract clauses.

SUBPART 222.14--EMPLOYMENT OF THE HANDICAPPED

222.1403 Waivers.

222.1406 Complaint procedures.

The contracting officer shall-

SUBPART 222.70--RESTRICTIONS ON THE EMPLOYMENT OF PERSONNEL FOR WORK ON CONSTRUCTION/SERVICE CONTRACTS IN ALASKA AND HAWAII

222.7000 Scope of subpart.

222.7001 General.

A contractor awarded a contract subject to this subpart must employ for the purpose of performing that portion of the contract work within the state, individuals who are residents of that state, and who, in the case of any craft or trade, possess or would be able to acquire promptly the necessary skills to perform the contract.

222.7002 Waivers.

Waivers may be granted, in the interest of national security, at a level no lower than the Assistant Secretary of any department.

222.7003 Contract clause.

Use the clause at 252.222-7000, Restrictions on Employment of Personnel, in all solicitations and contracts subject to this subpart.

SUBPART 222.71--RIGHT OF FIRST REFUSAL OF EMPLOYMENT

222.7100 Scope of subpart.

This subpart prescribes policies and procedures for use in acquisitions arising from closure of military installations.

222.7101 Policy.

222.7102 Contract clause.

Use the clause at 252.222-7001, Right of First Refusal of Employment--Closure of Military Installations, in all solicitations and contracts arising from the closure of the military installation where the contract will be performed.

SUBPART 222.72--COMPLIANCE WITH LABOR LAWS OF FOREIGN GOVERNMENTS

222.7200 Scope of subpart.

This subpart prescribes contract clauses, with respect to labor laws of foreign governments, for use when contracting for services or construction within a foreign country.

222.7201 Contract clauses.

SUBPART 222.73--BASE OPERATIONS SUPPORT FOR MILITARY INSTALLATIONS ON GUAM

222.7300 Scope of subpart.

222.7301 General.

Work under a contract for base operations support on Guam may not be performed by any alien who is issued a visa or otherwise provided nonimmigrant status under Section 101(a)(15)(H)(ii) of the Immigration and Nationality Act (8 U.S.C. 1101(a)(15)(H)(ii)).

222.7302 Contract clause.

Use the clause at 252.222-7005, Prohibition on Use of Nonimmigrant Aliens--Guam, in all solicitations and contracts subject to this subpart.

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