Notice2024-06700
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 29, 2024
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 a revision of a previously approved information collection requirement regarding certain Federal Acquisition Regulation (FAR) part 22 labor requirements.
Full Text
<html>
<head>
<title>Federal Register, Volume 89 Issue 62 (Friday, March 29, 2024)</title>
</head>
<body><pre>
[Federal Register Volume 89, Number 62 (Friday, March 29, 2024)]
[Notices]
[Pages 22151-22152]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2024-06700]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF DEFENSE
GENERAL SERVICES ADMINISTRATION
NATIONAL AERONAUTICS AND SPACE ADMINISTRATION
[OMB Control No. 9000-0066; Docket No. 2024-0053; Sequence No. 7]
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.
-----------------------------------------------------------------------
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 a revision
of a previously approved information collection requirement regarding
certain Federal Acquisition Regulation (FAR) part 22 labor
requirements.
DATES: Submit comments on or before April 29, 2024.
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.
FOR FURTHER INFORMATION CONTACT: Ms. Dana Bowman, Procurement Analyst,
at 202-803-3188 or at <a href="/cdn-cgi/l/email-protection#b4d0d5dad59ad6dbc3d9d5daf4d3c7d59ad3dbc2"><span class="__cf_email__" data-cfemail="7d191c131c531f120a101c133d1a0e1c531a120b">[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
The revision to the information collection is needed for the
implementation of Executive Order (E.O.) 14063, Use of Project Labor
Agreements for Federal Construction Projects, issued February 4, 2022
(87 FR 7363, February 9, 2022). E.O. 14063 mandates that Federal
Government agencies require the use of project labor agreements (PLAs)
for large-scale Federal construction projects, where the total
estimated cost to the Government is $35 million or more, unless an
exception applies. Agencies still have the discretion to require PLAs
for Federal construction projects that do not meet the $35 million
threshold.
This clearance covers the information that offerors and contractors
must submit to comply with the following FAR part 22 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 use 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 a 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 Department of Labor (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 a contractor 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 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 the 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 PLA (a pre-hire collective bargaining agreement
described in 29 U.S.C. 158(f)) is required for a large-scale
construction project within the United States for which the total
estimated cost of the construction contract to the Federal
[[Page 22152]]
Government is $35 million or more, 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. Subcontractors are
required to become a party to the resulting PLA. An agency may require
the use of a PLA on projects where the total cost to the Federal
Government is less than $35 million, if appropriate.
<bullet> FAR 52.222-34, Project Labor Agreement. When a PLA is
required for a large-scale construction project within the United
States for which the total estimated cost of the construction contract
to the Federal Government is $35 million or more, this clause requires
the contractor to maintain the PLA in a current state throughout the
life of the contract. The requirement for a PLA flows down to all
subcontracts with subcontractors engaged in construction on the
construction project.
<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: 544,162.
Total Annual Responses: 619,558.
Total Burden Hours: 107,495 (107,174 reporting hours + 321
recordkeeping hours).
D. Public Comment
A 60-day notice was published in the Federal Register at 87 FR
51044 on August 19, 2022, as part of a proposed rule under FAR Case
2022-003, Use of Project Labor Agreements for Federal Construction
Projects. Due to the public comments received in response to the
proposed rule regarding the burden calculations, the estimated number
of hours necessary for the implementation of a PLA were increased from
a range of 40-80 to a range of 100-200 hours. Only the burden for the
FAR provision at 52.222-33, and the FAR clause at 52.222-34 is affected
by this revision. All other FAR part 22 provisions and clauses covered
by OMB Control #9000-0066 remain the same as previously approved.
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#9bdcc8dac9fefcc8fef8dbfce8fab5fcf4ed"><span class="__cf_email__" data-cfemail="e2a5b1a3b08785b18781a2859183cc858d94">[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. 2024-06700 Filed 3-28-24; 8:45 am]
BILLING CODE 6820-EP-P
</pre><script data-cfasync="false" src="/cdn-cgi/scripts/5c5dd728/cloudflare-static/email-decode.min.js"></script></body>
</html>Indexed from Federal Register on March 29, 2024.
This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.