PART 1822

**APPLICATION OF LABOR LAWS TO GOVERNMENT ACQUISITIONS**

**TABLE OF CONTENTS**

1822.000-70 Scope of part.

**SUBPART [1822.1](#subpart-1822.1--basic-labor-policies) BASIC LABOR
POLICIES**

1822.101 Labor relations.

1822.101-1 General.

1822.101-3 Reporting labor disputes.

1822.101-4 Removal of items from contractors\' facilities affected
by work

stoppages.

1822.101-70 Admission of labor representatives to contract sites.

1822.103 Overtime.

1822.103-4 Approvals.

1822.103-5 Contract clause.

**SUBPART [1822.3](#OLE_LINK3) CONTRACT WORK HOURS AND SAFETY STANDARDS
ACT**

1822.302 Liquidated damages and overtime pay.

**SUBPART [1822.4](#OLE_LINK4) LABOR STANDARDS FOR CONTRACTS INVOLVING
CONSTRUCTION**

1822.400-70 Contacts with the Department of Labor.

1822.404-3 Procedures for requesting wage determinations.

1822.406-8 Investigations.

1822.406-9 Withholding from or suspension of contract payments.

1822.406-13 Semiannual enforcement reports.

**SUBPART [1822.6](#OLE_LINK6) WALSH-HEALEY PUBLIC** **CONTRACTS ACT**

1822.604 Exemptions.

1822.604-2 Regulatory exemptions.

**SUBPART [1822.8](#OLE_LINK8) EQUAL EMPLOYMENT** **OPPORTUNITY**

1822.804 Affirmative action programs.

1822.804-2 Construction.

1822.807 Exemptions.

1822.810 Solicitation provisions and contract clauses.

**SUBPART [1822.10](#OLE_LINK10) SERVICE CONTRACT ACT** **OF 1965**

1822.1001 Definitions.

1822.1008 Procedures for preparing and submitting Notice (SF 98/98a).

1822.1008-270 Additional information for the preparation of SF 98/98a.

1822.1008-7 Required time of submission of Notice.

**SUBPART 1822.13 SPECIAL DISABLED VETERANS, VETERANS OF THE VIETNAM
ERA, AND OTHER ELIGIBLE VETERANS**

1822.1305 Waivers.

1822.1308 Complaint procedures.

**SUBPART 1822.14 EMPLOYMENT OF WORKERS WITH DISABILITIES**

1822.1403 Waivers.

1822.1406 Complaint procedures.

**SUBPART 1822.15 PROHIBITION OF ACQUISITION OF PRODUCTS**

PRODUCED BY FORCED OR INDENTURED CHILD

LABOR

1822.1503 Procedures for acquiring end products on the List of Products

Requiring Contractor Certification as to Forced or Indentured

Child Labor.

**PART 1822**

**APPLICATION OF LABOR LAWS TO GOVERNMENT ACQUISITIONS**

**1822.000-70 Scope of part.**

\(a\) Contracting officers shall consult with the installation labor
relations advisor or designee when taking any of the actions prescribed
or authorized in FAR Part 22 or NFS Part 1822.

\(b\) Proposed actions having a substantial impact on the activities of
NASA or other Government agencies shall be approved by the Headquarters
Contractor Industrial Relations Office (Code JR).

## Subpart 1822.1\--Basic Labor Policies

**1822.101 Labor** **relations.**

**1822.101-1 General.**

\(d\) When a strike that may have an adverse effect on NASA programs is
imminent or in progress at a prime contractor\'s or subcontractor\'s
plant, contracting officers shall:

**(i)** Advise both the prime contractor and the head of the union local
in writing of the expected impact of the strike on NASA programs and of
the actions NASA is considering to protect the Government\'s interest
and prevent delay in the accomplishment of NASA\'s mission. If the
strike is in a subcontractor\'s plant, the subcontractor may be
approached only through the prime contractor;

**(ii)** Explore the possibility of locating other sources for the
supplies or services to have been provided by the strike-threatened
plant; and

**(iii)** Consider taking the actions described in FAR 22.101-4.

**1822.101-3**  **Reporting** **labor** **disputes.**

Reports of potential or actual labor disputes affecting NASA
acquisitions, operations, or services shall be submitted to the
Headquarters Contractor Industrial Relations Office (Code JR). These
reports shall be made as early as possible and shall include immediately
available information. Supplemental reports shall be made to provide
appropriate additional information. Reports shall describe at a minimum:

**(1)** The nature of the potential or actual dispute, including whether
a strike, lockout, slow-down, shut-down, or picketing is involved and
the degree of emergency presented;

**(2)** The character, quantity, and importance of the supplies,
operations, or services involved, including scheduled performance and
delivery dates and their relationship to the total acquisition program;

**(3)** The identity and location of the parties to the dispute and
their representatives, including the approximate number of employees
involved;

**(4)** The need for and availability of alternative resources to
furnish the items involved within the time required;

**(5)** Any critical items that should be removed from the plant or work
site or should continue to be processed there with the consent of the
parties to the dispute; and

**(6)** Recommended action to be taken by NASA.

**1822.101-4** **Removal** **of** **items** **from** **contractors\'**
**facilities** **affected** **by** **work** **stoppages.**

(a)(3) The contracting officer shall obtain approval from Code JR for
any contemplated action.

**1822.101-70 Admission of labor representatives to contract sites.**

NASA activities may not prevent the access of labor union
representatives to contract sites for the conduct of union business if
their activities are compatible with safety and security regulations and
performance of the contract work involved.

**1822.103  Overtime.**

**1822.103-4  Approvals.**

\(a\) The contracting officer is authorized to approve overtime premiums
at Government expense. If two or more contracting offices have current
contracts at a single facility and approval of overtime by one will
affect the performance or cost of contracts of another, the approving
official shall obtain the concurrence of other appropriate approving
officials and seek agreement as to the contracts under which premiums
will be approved. In the absence of evidence to the contrary, a
contracting officer may rely on the contractor\'s statement that
approval will not affect performance or payments under any contract of
another contracting office.

**1822.103-5 Contract clause.**

\(a\) Insert the clause at 52.222-1, Notice to the Government of Labor
Disputes, in all solicitations and contracts that exceed the simplified
acquisition threshold.

**Subpart** []{#OLE_LINK3 .anchor}**1822.3\--Contract Work Hours and
Safety Standards Act**

**1822.302  Liquidated damages and** **overtime pay.**

\(c\) The Director of the Headquarters Contractor Industrial Relations
Office (Code JR) is the agency head designee.

\(d\) Disposal of funds withheld or collected for liquidated damages
shall be in accordance with direction of the Director of Code JR.

**Subpart** []{#OLE_LINK4 .anchor}**1822.4\--Labor Standards for
Contracts Involving Construction**

**1822.400-70 Contacts with the Department of Labor.**

All contacts with the Department of Labor required by FAR Subpart 22.4,
except for wage determinations, shall be conducted through the
Headquarters Contractor Industrial Relations Office (Code JR).
Contracting officers shall submit all pertinent information to Code JR
in support of Code JR for contacts. For wage determinations, contracting
officers shall submit all requests directly to Goddard Space Flight
Center, Contractor Industrial Relations Office - GSFC, Code 201,
Greenbelt, Maryland 20771 (GSFC).

**1822.404-3  Procedures for requesting** **wage determinations.**

Contracting officers shall submit requests for project wage
determinations to GSFC at least 55 days (70 days if possible) before
issuing the solicitation.

**1822.406-8 Investigations.**

\(a\) The contracting officer is responsible for conducting
investigations of labor violations relative to contracts under their
cognizance.

\(d\) Reports of violations shall be sent to Code JR.

**1822.406-9 Withholding from or suspension of contract payments.**

(c)(4) Code JR shall determine the disposal of funds.

**1822.406-13  Semiannual enforcement** **reports.**

Procurement officers shall submit semiannual enforcement data within 20
days after the end of the specified reporting periods to the
Headquarters Office of Procurement (Code HK). Negative statements are
required.

[]{#OLE_LINK6 .anchor}**Subpart 1822.6\--Walsh-Healey Public Contracts
Act**

**1822.604 Exemptions.**

**1822.604-2**  **Regulatory exemptions.**

\(b\) Requests for exemptions shall be submitted in writing through the
contracting officer to the Headquarters Contractor Industrial Relations
Office (Code JR).

[]{#OLE_LINK8 .anchor}**Subpart 1822.8\--Equal Employment Opportunity**

**1822.804 Affirmative** **action** **programs.**

**1822.804-2 Construction.**

\(b\) The Headquarters Office of Procurement (Code HK) will furnish each
procurement officer the listing.

**1822.807 Exemptions.**

Requests for exemption pursuant to FAR 22.807(a)(1), (a)(2), or (b)(5)
shall be sent to the Headquarters Office of Procurement (Code HS).

**1822.810 Solicitation provisions and contract clauses.**

\(e\) If an offeror completes a negative representation under FAR
52.222-22, the contracting officer shall obtain the information required
by FAR 52.222-26(b)(7) within 30 days of contract award. This
information shall be held in confidence as privileged information in
accordance with 32 CFR 286.6(b)(4).

**Subpart** []{#OLE_LINK10 .anchor}**1822.10\--Service Contract Act of
1965**

**1822.1001 Definitions.**

**\"Agency labor advisor\"** is the Director of the Headquarters
Contractor Industrial Relations Office (Code JR). All contacts with
other agencies required by FAR Subpart 22.10 shall be conducted through
Code JR. Contracting officers shall submit all pertinent information to
Code JR in support of the required contacts.

**1822.1008 Procedures for preparing and** **submitting Notice (SF
98/98a).**

**1822.1008-270 Additional information for the preparation of SF
98/98a.**

The information listed below by item number shall be furnished, in
addition to that required by the SF 98/98a:

\(a\) **Item 6***.* Insert on the far left side of the block the code
identifying the type of proposed action:

+-----+----------------------------------------------------------------+
| **  | # Proposed Action                                              |
| Cod |                                                                |
| e** |                                                                |
+-----+----------------------------------------------------------------+
| **  | New contract (use [only]{.underline} when services are not     |
| I** | presently being performed).                                    |
+-----+----------------------------------------------------------------+
| **I | Recompetition of services.                                     |
| I** |                                                                |
+-----+----------------------------------------------------------------+
| *   | Contract modifications affecting the scope of the work.        |
| *II |                                                                |
| I** |                                                                |
+-----+----------------------------------------------------------------+
| **I | Extension of contract performance through exercise of an       |
| V** | option or otherwise.                                           |
+-----+----------------------------------------------------------------+
| **  | Other. When a multiple year contract (funding is not subject   |
| V** | to annual appropriation) is to be entered into, specify        |
|     | \"multiple year R&D funded\" on the SF 98.                     |
+-----+----------------------------------------------------------------+

\(b\) **Item 8.**

\(1\) If the proposed contract will be awarded under Section 8(a) of the
Small Business Act, insert both the Small Business Administration and
the name of the subcontractor.

\(2\) If no wage determination is available for the particular contract,
insert \"None\" in Item 8.b.

\(c\) **Item 10***.*  Add the solicitation number.

\(d\) **Item 12.**

\(1\) When entering into a new service contract, list all classes of
work expected to be performed under the contract under this item,
regardless of whether the class of employees is considered professional,
executive, administrative, or hourly. However, if submission of the SF
98/98a is in connection with any action other than a new contract (Code
I in paragraph (a) of this subsection), list only the classes of work
that the incumbent indicates are \"nonexempt.\"

\(2\) When classifications include both categories of employees covered
by a collective bargaining agreement and those not represented by a
union, mark the classifications that are unionized with an asterisk.

\(3\) If the classification of work is not known, use the most
descriptive job title available for the work to be performed under the
contract.

\(e\) **Item 13***.* If the number of employees is not known, the
estimated hours required to perform the tasks should be indicated so
that staffing estimates can be determined and listed.

\(f\) **Item 14.** Include in this item the wage rates that would be
paid if the employees were subject to 5 U.S.C. 5332 (GS grades).

**1822.1008-7 Required time of submission of notice.**

\(a\) Contracting officers shall submit the notices to Goddard Space
Flight Center, Contract Industrial Relations Office - GSFC, Code 201,
Greenbelt, Maryland 20771 (GSFC) at least 70 days before initiating the
associated contract actions.

\(b\) When the circumstances in FAR 22.1008-7(b) apply, contracting
officers shall submit the required notices to GSFC at least 40 days
before initiating the associated contract actions.

\(c\) Contracting officers shall contact GSFC before initiating any
action when the circumstances in FAR 22.1008-7(c) and (d) apply.

**Subpart** **1822.13\--Special Disabled Veterans, Veterans of the
Vietnam ERA,**

**and Other Eligible Veterans**

**1822.1305 Waivers.**

\(c\) Requests for waivers shall be submitted to the Assistant
Administrator for Equal Opportunity Programs (Code E).

**1822.1308** **Complaint** **procedures.**

Contracting officers shall submit all complaints to the Assistant
Administrator for Equal Opportunity Programs (Code E).

**Subpart** **1822.14\--Employment of Workers with Disabilities**

**1822.1403 Waivers.**

\(c\) Requests for waivers shall be submitted to the Assistant
Administrator for Equal Opportunity Programs (Code E).

**1822.1406**  **Complaint** **procedures.**

Contracting officers shall submit all complaints to the Assistant
Administrator for Equal Opportunity Programs (Code E).

**Subpart 1822.15\--Prohibition of Acquisition of Products Produced by
Forced or**

**Indentured Child Labor**

**1822.1503 Procedures for acquiring end products on the List of
Products Requiring Contractor Certification as to Forced or Indentured
Child Labor.**

\(e\) All investigations under [**FAR Subpart
22.15**](http://www.arnet.gov/far/current/html/Subpart_22_15.html#1046478)
shall be referred to NASA's Office of Inspector General.