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                            Regulations
                            NMCARS
                            Part 5222 - APPLICATION OF LABOR LAWS TO GOVERNMENT ACQUISITIONS
        
                  NMCARS
NMCARS
Change Number: NMCARS Change 18-22 Effective Date: 07/11/2022
PartPart 5201Part 5202Part 5203Part 5204Part 5205Part 5206Part 5207Part 5208Part 5209Part 5211Part 5212Part 5213Part 5214Part 5215Part 5216Part 5217Part 5219Part 5222Part 5223Part 5225Part 5227Part 5228Part 5229Part 5230Part 5231Part 5232Part 5233Part 5234Part 5235Part 5236Part 5237Part 5239Part 5241Part 5242Part 5243Part 5245Part 5246Part 5248Part 5249Part 5250Part 5252Annex 1Annex 2Annex 3Annex 4Annex 5Annex 6Annex 7Annex 8Annex 9Annex 10Annex 11Annex 12Annex 13Annex 14Annex 15Annex 16Annex 17Annex 18Annex 19Annex 20Annex 21Annex 22Annex 23Annex 24Annex 25
Subpart5222.15222.35222.45222.105222.115222.705222.745222.90
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Part 5222 - APPLICATION OF LABOR LAWS TO GOVERNMENT ACQUISITIONSPart 5222 - APPLICATION OF LABOR LAWS TO GOVERNMENT ACQUISITIONS       Subpart 5222.1 - BASIC LABOR POLICIES                                                         5222.101 Labor relations.                                                                           5222.101-1 General.                                                                              5222.101-3 Labor Disputes.                                                                                                           5222.102 Federal and State labor requirements.                                                                           5222.102-2 Administration.                                                                                                           5222.103 Overtime.                                                                           5222.103-4 Approvals.                                                                              5222.103-90 Exceptions.                                                                                                                            Subpart 5222.3 - CONTRACT WORK HOURS AND SAFETY STANDARDS ACT                                                         5222.302 Liquidated damages and overtime pay.                                                                             Subpart 5222.4 - LABOR STANDARDS FOR CONTRACTS INVOLVING CONSTRUCTION                                                         5222.406 Administration and enforcement.                                                                           5222.406-1 Policy.                                                                              5222.406-8 Investigations.                                                                                                                            Subpart 5222.10 - SERVICE CONTRACT LABOR STANDARDS                                                         5222.1006 Solicitation provisions and contract clauses.                                                                             Subpart 5222.11 - PROFESSIONAL EMPLOYEE COMPENSATION                                                         5222.1103 Policy, procedures, and solicitation provision.                                                                             Subpart 5222.70 - RESTRICTIONS ON THE EMPLOYMENT OF PERSONNEL FOR WORK ON CONSTRUCTION AND SERVICE CONTRACTS IN NONCONTIGUOUS STATES                                                         5222.7003 Waivers.                                                                             Subpart 5222.74 - RESTRICTIONS ON THE USE OF MANDATORY ARBITRATION AGREEMENTS                                                         5222.7404 Waiver.                                                                             Subpart 5222.90 - DEPARTMENT OF THE NAVY NON-CONSTRUCTION CONTRACTS CONTAINING CONSTRUCTION WORK                                                         5222.9000 Department of the Navy non-construction contracts containing construction work.    Subpart 5222.1 - BASIC LABOR POLICIES     5222.101 Labor relations.     5222.101-1 General.    (a) Contracting officer shall notify the Navy Labor          Advisor of all major issues regarding contract labor standards application, administration,          or enforcement. Contracting Officers shall coordinate with the Navy Labor Advisor responses          to inquiries from, and other contacts with, national or international offices of contractor          or industrial associations, labor unions, or Federal agencies (other than routine contacts          with the DOL). Contracting Officers, who receive a non-routine inquiry involving DON          contractor industrial labor relations policies or procedures, or who is confronted with an          industrial labor relations matter not covered by SECNAVINST 4200.36B, shall coordinate with          the Navy Labor Advisor before responding or taking independent action. Submit questions to          the Navy Labor Advisor in DASN(P) by email at   NavyLaborAdvisor@navy.mil          , except for questions involving the application of contract labor standards to          NAVFACENGCOM contracts. Questions concerning labor issues on NAVFACENGCOM contracts should          be submitted to the labor advisor in the appropriate NAVFACENGCOM division, or to the          NAVFACENGCOMHQ Labor Advisor by email at   NAVFAC_Labor_Advisor@navy.mil          .       (2)(i) Submit requests for approval to DASN(P) by email at               NavyLaborAdvisor@navy.mil           with the subject “PGI 222.101-1 – [Labor Relations Contact Approval Request/Plant          Seizure/Injunctive Action].”       (ii)Immediately notify DASN(P) by email at   NavyLaborAdvisor@navy.mil           with the subject “PGI 222.101-1 – [Labor Relations Contact/Seizure/Injunctive          Action].”5222.101-3 Labor Disputes.    (1) Immediately upon receipt of notice          of an actual or potential labor dispute involving or impacting a contractor or          subcontractor, including an actual or potential strike, other work stoppage, or picketing,          the contracting officer shall provide notification to the Navy Labor Advisor. When the          labor dispute is on a government installation, the contracting officer shall also          immediately notify the base commander. Notification procedures are as follows:       (i) Notification to the Navy Labor          Advisor shall be made by email at   NavyLaborAdvisor@navy.mil           with the subject line “NMCARS 5222.101-3: Labor Dispute Notification.”       (ii) The notification shall include:       (A)Name of the contractor or subcontractor and the collective          bargaining representative (union);       (B) Copy of current or most recent          collective bargaining agreement between the contractor (or subcontractor) and union;       (C) Number of employees in the          collective bargaining unit;       (D) Contract number;       (E) Location of dispute and, if on a          government installation, the name of installation;       (F) Brief statement on the reason(s)          for dispute;       (G) Actual or potential impact on          contract performance, base operations, support services, DON mission, DON program(s)(with          identification of any such programs), and any active or projected construction          projects;       (H) Need to remove government          property or material from a strike-bound plant or facility;       (I) Any actions the contractor has          taken and plans to take to settle the dispute, including whether the contractor has          obtained the assistance of a mediator from the Federal Mediation and Conciliation Service          or another alternative dispute resolution resource;       (J) Contractor’s contingency plan to          continue contract performance in the event of a strike or work stoppage, such as through          the use of non-striking personnel and/or new hires;       (K) Contracting Officer’s assessment          of the contractor’s contingency plan;       (L) Alternative sources to provide          the supplies or services if necessary; and       (M) Any other information related to          the labor dispute requested by the Navy Labor Advisor.       (iii) Follow-up Notifications. Until the          parties resolve the labor dispute, the contracting officer shall provide frequent follow-up          notifications to the Navy Labor Advisor, and immediate notification to the Navy Labor          Advisor if significant changes occur. The follow-up notifications shall provide updates to          all topics required in the original notification and any topics added in later          communications.       (iv) The contracting officer shall          request the advice and assistance of the Navy Labor Advisor on appropriate courses of          action for the Department during an actual or potential labor dispute, including:       (A) Measures to mitigate the impact of          the dispute on contract performance, base operations, support services, and any active or          projected construction projects;       (B) Options to proceed when the dispute          results or may result in the contractor being unable to continue to perform contract          requirements; and       (C) Options to proceed when it becomes          necessary to remove government-owned material from a strike-bound plant or facility because          the contractor is unable to deliver due to the strike.5222.102 Federal and State labor requirements.     5222.102-2 Administration.    (c)(1) The Contracting Officer shall refer questions from DOL or other interested          parties regarding the application of labor laws to government acquisitions under FAR Part          22 and its corresponding contract clauses, to the Navy Labor Advisor in DASN(P) by email at               NavyLaborAdvisor@navy.mil          , or for NAVFAC contracts, to the NAVFACENGCOM Labor Advisor by email at   NAVFAC_Labor_Advisor@navy.mil          .       (2) When a contracting officer receives a complaint or          other indication of violation of the labor standards in a service or supply contract, the          complaint shall be referred promptly to the nearest office of DOL, making every effort to          maintain the confidentiality of the complainant except to DOL and directing any related          questions to the Navy Labor Advisor in DASN(P) by email at   NavyLaborAdvisor@navy.mil          .5222.103 Overtime.     5222.103-4 Approvals.    (a) The CCO is the designated agency approving official.5222.103-90 Exceptions.    The provisions of FAR 22.103, DFARS 222.103 and 5222.103 of this supplement are not applicable to ballistic missile programs.Subpart 5222.3 - CONTRACT WORK HOURS AND SAFETY STANDARDS ACT     5222.302 Liquidated damages and        overtime pay.    (c) The Navy Labor Advisor is delegated authority to act for the             agency head. The NAVFACENGCOM Labor Advisor is delegated authority for liquidated             damages on NAVFACENGCOM contracts. The contracting officer’s recommendation regarding             liquidated damages under the Contract Work Hours and Safety Standards statute shall be             forwarded directly to the Navy Labor Advisor in DASN(P) by email at   NavyLaborAdvisor@navy.mil           (or via the             NAVFACENGCOM Labor Advisor by email at   NAVFAC_Labor_Advisor@navy.mil           if the matter involves a             NAVFACENGCOM contract).Subpart 5222.4 - LABOR STANDARDS FOR CONTRACTS INVOLVING CONSTRUCTION     5222.406 Administration and enforcement.     5222.406-1 Policy.    (a) The contracting officer shall respond promptly to any complaint             received alleging labor standards violations on construction contracts. Allegations of             Wage Rate Requirements (Construction) or Contract Work Hours and Safety Standards             statute violations shall be investigated and resolved in accordance with established             procedures. Allegations of other labor violations (e.g., safety and health, undocumented             workers, discrimination) shall be referred to the appropriate enforcement agency (e.g.,             Occupational Safety and Health Administration, Office of Immigration and Customs             Enforcement, Equal Employment Opportunity Commission). The NAVFACENGCOM Labor Advisor             shall be notified via email at   NAVFAC_Labor_Advisor@navy.mil           of investigations that disclose             particularly egregious violations (e.g., significant underpayment of wages or benefits             due workers, extensive falsification of records, findings of willful violation, and             recommendations for debarment).5222.406-8 Investigations.    (d) *Contracting officer's report*. (1) For NAVFACENGCOM contracts, the contracting officer's report shall be forwarded to NAVFACENGCOMHQ via email at   NAVFAC_Labor_Advisor@navy.mil          . For all other contracts, forward the report to DASN(P) by email at   NavyLaborAdvisor@navy.mil           with the subject “DFARS 222.406-8 – Labor Standards Compliance: Contracting Officer’s Report.”       (2)(iv) Forward the report to the Attorney General of the United States via DASN(P) by email at   NavyLaborAdvisor@navy.mil           with the subject “DFARS 222.406-8 – Labor Standards Compliance: Contracting Officer’s Report – Attorney General Notification.” DASN(P) will notify the Administrator, Wage and Hour Division.Subpart 5222.10 - SERVICE CONTRACT LABOR STANDARDS     5222.1006 Solicitation provisions and contract clauses.    (c)(1) The   Desk Guide for Service Contract Price Adjustments           contains DON guidance on processing price adjustments under FAR 52.222-43 and FAR 52.222-44 that result from:       (i) Changes in wage determinations issued under the Service Contract Labor Standards statute, or       (ii) Amendments changing the minimum wage required by the Fair Labor Standards Act.       (S-90) The DON’s Price Adjustment Calculation Tool (PACT) is available to automate the calculation of Service Contract Labor Standards price adjustments and streamline the process for contractors and contracting officers. PACT is available at   https://www.secnav.navy.mil/rda/OneSource/Pages/PACT/PACT.aspx          .Subpart 5222.11 - PROFESSIONAL EMPLOYEE COMPENSATION     5222.1103 Policy, procedures, and solicitation provision.    (S-90) Incorporate provision 52.222-46, Evaluation of Compensation for Professional Employees, in full text, in applicable solicitations. Contracting officers shall ensure that Source Selection Plans, along with Sections L and M of competitive solicitations, accurately reflect consideration of the total compensation plan when required by this provision.Subpart 5222.70 - RESTRICTIONS ON THE EMPLOYMENT OF PERSONNEL FOR WORK ON CONSTRUCTION AND SERVICE CONTRACTS IN NONCONTIGUOUS STATES     5222.7003 Waivers.    Submit waiver requests to DASN(P) by email at   NavyLaborAdvisor@navy.mil           with the subject “DFARS 222.7002 - Waiver of Requirements—National Security Interest.”Subpart 5222.74 - RESTRICTIONS ON THE USE OF MANDATORY ARBITRATION AGREEMENTS     5222.7404 Waiver.    Submit waiver requests for the Secretary of Defense via DASN(P) by email at   NavyLaborAdvisor@navy.mil           with the subject “DFARS 222.7404 -Waiver-Mandatory Arbitrations.”Subpart 5222.90 - DEPARTMENT OF THE NAVY NON-CONSTRUCTION CONTRACTS CONTAINING CONSTRUCTION WORK     5222.9000 Department of the Navy non-construction contracts containing construction work.    ****The DON created the DON Non-Construction Contract with Construction Work Guide containing procedures that supplement existing policy for non-construction contracts (*e.g*. for supplies, services, research and development) that contain elements of construction valued in excess of the micro-purchase threshold. The procedures apply to all HCAs that award and administer contracts (including task and delivery orders) for assigned program requirements. The Guide is available on the ASN(RDA) website.
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