[Federal Register Volume 87, Number 54 (Monday, March 21, 2022)]
[Notices]
[Pages 16000-16001]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-05893]


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DEPARTMENT OF DEFENSE

GENERAL SERVICES ADMINISTRATION

NATIONAL AERONAUTICS AND SPACE ADMINISTRATION

[OMB Control No. 9000-0066; Docket No. 2022-0053; Sequence No. 2]


Submission for OMB Review; Certain Federal Acquisition Regulation 
Part 22 Labor Requirements

AGENCY: Department of Defense (DOD), General Services Administration 
(GSA), and National Aeronautics and Space Administration (NASA).

ACTION: Notice.

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SUMMARY: Under the provisions of the Paperwork Reduction Act, the 
Regulatory Secretariat Division has submitted to the Office of 
Management and Budget (OMB) a request to review and approve an 
extension of a previously approved information collection requirement 
regarding certain Federal Acquisition Regulation (FAR) part 22 labor 
requirements.

DATES: Submit comments on or before April 20, 2022.

ADDRESSES: Written comments and recommendations for this information 
collection should be sent within 30 days of publication of this notice 
to www.reginfo.gov/public/do/PRAMain. Find this particular information 
collection by selecting ``Currently under Review--Open for Public 
Comments'' or by using the search function.
    Additionally, submit a copy to GSA through https://www.regulations.gov and follow the instructions on the site. This 
website provides the ability to type short comments directly into the 
comment field or attach a file for lengthier comments.
    Instructions: All items submitted must cite OMB Control No. 9000-
0066, Certain Federal Acquisition Regulation Part 22 Labor 
Requirements. Comments received generally will be posted without change 
to https://www.regulations.gov, including any personal and/or business 
confidential information provided. To confirm receipt of your 
comment(s), please check www.regulations.gov, approximately two-to-
three days after submission to verify posting. If there are 
difficulties submitting comments, contact the GSA Regulatory 
Secretariat Division at 202-501-4755 or <a href="/cdn-cgi/l/email-protection#4e091d0f1c2b291d2b2d0e293d2f60292138"><span class="__cf_email__" data-cfemail="4d0a1e0c1f282a1e282e0d2a3e2c632a223b">[email protected]</span></a>.

FOR FURTHER INFORMATION CONTACT: Jennifer Hawes, Procurement Analyst, 
at telephone 202-969-7386, or <a href="/cdn-cgi/l/email-protection#bdd7d8d3d3d4dbd8cf93d5dccad8cefddacedc93dad2cb"><span class="__cf_email__" data-cfemail="8ee4ebe0e0e7e8ebfca0e6eff9ebfdcee9fdefa0e9e1f8">[email protected]</span></a>.

SUPPLEMENTARY INFORMATION:

A. OMB Control Number, Title, and Any Associated Form(s)

    9000-0066, Certain Federal Acquisition Regulation Part 22 Labor 
Requirements.

B. Needs and Uses

    This clearance covers the information that offerors and contractors 
must submit to comply with the following FAR requirements:
    <bullet> FAR 52.222-2, Payment for Overtime Premiums. This clause 
requires the contractor to request authorization for overtime premiums 
costs that exceed the amount negotiated in the contract. The request 
shall include information on the affected work unit current staffing 
and workload, how a denial of the request would impact performance on 
the instant contract or other contracts, and reasons why the work 
cannot be performed by using multishift operations or by employing 
additional personnel. Contracting officers uses this information to 
evaluate whether the overtime is necessary.
    <bullet> FAR 52.222-6, Construction Wage Rate Requirements, and the 
Standard Form (SF) 1444. This clause requires the contractor to 
establish additional classifications, if any laborer or mechanic is to 
be employed in a classification that is not listed in the wage 
determination applicable to the contract. In such cases, the contractor 
is required to complete and submit an SF 1444, Request for 
Authorization of Additional Classification and Rate, along with other 
pertinent data, containing the proposed additional classification and 
minimum wage rate including any fringe benefits payments. The 
contracting officer submits the SF 1444 to the DOL Wage and Hour 
Division with a request for conformance review to determine the 
appropriateness of the request.
    <bullet> FAR 52.222-11, Subcontracts (Labor Standards), and the SF 
1413. This clause requires contractors to submit an SF 1413, Statement 
and Acknowledgment, for each subcontract for construction within the 
United States, including the subcontractor's signed and dated 
acknowledgment that the required labor clauses necessary to implement 
various labor statutes have been included in the subcontract. 
Contracting officers review the information on the form to ascertain 
whether contractors have included the required labor clauses in their 
subcontracts.
    <bullet> FAR 52.222-18, Certification Regarding Knowledge of Child 
Labor for Listed End Products. This provision (and its commercial 
equivalent in the provision at 52.212-3) requires the offeror, as part 
of its annual representations and certifications, to either certify in 
paragraph (c)(1) that it will not supply an end product of a type 
identified on the Department of Labor (DOL) List of Products Requiring 
Contractor Certification as to Forced or Indentured Child Labor 
(https://www.dol.gov/agencies/ilab), or certify in paragraph (c)(2) 
that it has made a good faith effort to determine whether such child 
labor was used to mine, produce, or manufacture such end product, and 
is unaware of any such use of child labor. This information is used by 
Government to ensure that a good faith effort has been made to 
determine whether forced or indentured child labor was used to mine, 
produce, or manufacture any product on the List furnished under the 
contract.
    <bullet> FAR 52.222-33, Notice of Requirement for Project Labor 
Agreement. When a project labor agreement (PLA) (a pre-hire collective 
bargaining agreement described in 29 U.S.C. 158(f)) is required for a 
large-scale construction contract, this provision requires the offeror 
to submit a copy of a PLA at the time offers are due, prior to award, 
or after contract award as determined by the agency.

[[Page 16001]]

During the evaluation of offers on a construction contract, the 
contracting officer reviews the offeror's PLA to determine if it 
conforms with all statutes, regulations, and Executive Orders.
    <bullet> FAR 52.222-34, Project Labor Agreement. When a PLA is 
required for a construction contract, this clause requires the 
contractor to maintain the PLA in a current state throughout the life 
of the contract. This recordkeeping requirement is necessary for the 
Government to ensure that the contractor stays a party to the PLA 
during the life of the construction contract.
    <bullet> FAR 52.222-46, Evaluation of Compensation for Professional 
Employees. This provision requires offerors to submit for evaluation a 
total compensation plan setting forth proposed salaries and fringe 
benefits for professional employees working on the contract. The 
Government will use this information to determine if professional 
employees are compensated fairly and properly. Plans indicating 
unrealistically low professional employees' compensation may be 
assessed adversely as one of the factors considered in making a 
contract award.

C. Annual Burden

    Respondents/Recordkeepers: 543,954.
    Total Annual Responses: 619,350.
    Total Burden Hours: 21,402 (21,231 reporting hours + 171 
recordkeeping hours).

D. Public Comment

    A 60-day notice was published in the Federal Register at 87 FR 
1413, on January 11, 2022. No comments were received.
    Obtaining Copies: Requesters may obtain a copy of the information 
collection documents from the GSA Regulatory Secretariat Division, by 
calling 202-501-4755 or emailing <a href="/cdn-cgi/l/email-protection#ce899d8f9caba99dabad8ea9bdafe0a9a1b8"><span class="__cf_email__" data-cfemail="3d7a6e7c6f585a6e585e7d5a4e5c135a524b">[email protected]</span></a>. Please cite OMB 
Control No. 9000-0066, Certain Federal Acquisition Regulation Part 22 
Labor Requirements.

Janet Fry,
Director, Federal Acquisition Policy Division, Office of Governmentwide 
Acquisition Policy, Office of Acquisition Policy, Office of 
Governmentwide Policy.
[FR Doc. 2022-05893 Filed 3-18-22; 8:45 am]
BILLING CODE 6820-EP-P


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