Notice2022-05893
Submission for OMB Review; Certain Federal Acquisition Regulation Part 22 Labor Requirements
Primary source
Metadata and text below are from the Federal Register, a public-domain U.S. government work. Always verify the official published version before relying on it for any legal matter.
Published
March 21, 2022
Issuing agencies
Defense DepartmentGeneral Services AdministrationNational Aeronautics and Space Administration
Abstract
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.
Full Text
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<title>Federal Register, Volume 87 Issue 54 (Monday, March 21, 2022)</title>
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[Federal Register Volume 87, Number 54 (Monday, March 21, 2022)]
[Notices]
[Pages 16000-16001]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[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 <a href="http://www.reginfo.gov/public/do/PRAMain">www.reginfo.gov/public/do/PRAMain</a>. 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 <a href="https://www.regulations.gov">https://www.regulations.gov</a> 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 <a href="https://www.regulations.gov">https://www.regulations.gov</a>, including any personal and/or business
confidential information provided. To confirm receipt of your
comment(s), please check <a href="http://www.regulations.gov">www.regulations.gov</a>, 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
(<a href="https://www.dol.gov/agencies/ilab">https://www.dol.gov/agencies/ilab</a>), 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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