CAR PART 1322—APPLICATION OF LABOR LAWS TO GOVERNMENT ACQUISITIONS

• Subpart 1322.1—Basic Labor Policies
• 1322.101 Labor relations.
• 1322.101-1 General.
• 1322.101-3 Reporting labor disputes.
• 1322.101-4 Removal of items from contractors' facilities affected by work stoppages.
• 1322.103 Overtime.
• 1322.103-4 Approvals.
• Subpart 1322.3—Contract Work Hours and Safety Standards Act
• 1322.302 Liquidated damages and overtime pay.
• Subpart 1322.4—Labor Standards for Contracts Involving Construction
• 1322.404 Davis-Bacon Act wage determination.
• 1322.404-6 Modification of wage determination.
• 1322.406 Administration and enforcement.
• 1322.406-8 Investigations.
• Subpart 1322.6—Walsh-Healey Public Contracts Act
• 1322.604 Exemptions.
• 1322.604-2 Regulatory exemptions.
• Subpart 1322.8—Equal Employment Opportunity
• 1322.805 Procedures.
• 1322.807 Exemptions.
• Subpart 1322.10—Service Contract Act of 1965, as Amended
• 1322.1001 Definitions.
• Subpart 1322.13—Special Disabled Veterans, Veterans of the Vietnam Era, and Other Eligible Veterans
• 1322.1305 Waivers.
• Subpart 1322.14—Employment of Workers With Disabilities
• 1322.1403 Waivers.

PART 1322—APPLICATION OF LABOR LAWS TO GOVERNMENT ACQUISITIONS

Section Contents

Subpart 1322.1—Basic Labor Policies

  1322.101 Labor relations.  1322.101-1 General.  1322.101-3 Reporting labor disputes.  1322.101-4 Removal of items from contractors' facilities affected by work stoppages.  1322.103 Overtime.  1322.103-4 Approvals.

Subpart 1322.3—Contract Work Hours and Safety Standards Act

  1322.302 Liquidated damages and overtime pay.

Subpart 1322.4—Labor Standards for Contracts Involving Construction

  1322.404 Davis-Bacon Act wage determination.  1322.404-6 Modification of wage determination.  1322.406 Administration and enforcement.  1322.406-8 Investigations.

Subpart 1322.6—Walsh-Healey Public Contracts Act

  1322.604 Exemptions.  1322.604-2 Regulatory exemptions.

Subpart 1322.8—Equal Employment Opportunity

  1322.805 Procedures.  1322.807 Exemptions.

Subpart 1322.10—Service Contract Act of 1965, as Amended

  1322.1001 Definitions.

Subpart 1322.13—Special Disabled Veterans, Veterans of the Vietnam Era, and Other Eligible Veterans

  1322.1305 Waivers.

Subpart 1322.14—Employment of Workers With Disabilities

  1322.1403 Waivers.

Authority: 41 U.S.C. 414; 48 CFR 1.301–1.304.

Source: 75 FR 10570, Mar. 8, 2010, unless otherwise noted.

Subpart 1322.1—Basic Labor Policies

1322.101 Labor relations.

1322.101-1 General.

The designee authorized to designate programs or requirements for contractors notifying the Government of actual or potential labor disputes is set forth in CAM 1301.70.

1322.101-3 Reporting labor disputes.

(a) The designee authorized to report any potential or actual labor disputes that may interfere with performing any contracts under its cognizance is designated in CAM 1301.70.

(b) The contracting officer shall seek legal advice and assistance from Procurement Counsel when a potential or actual labor dispute that may interfere with the contract performance occurs.

1322.101-4 Removal of items from contractors' facilities affected by work stoppages.

The contracting officer shall obtain approval from the head of the contracting office and seek legal advice before initiating any action in accordance with FAR

22.101–4.

1322.103 Overtime.

1322.103-4 Approvals.

Approval of use of overtime may be granted by the approving official as set forth in CAM 1301.70.

Subpart 1322.3—Contract Work Hours and Safety Standards Act

1322.302 Liquidated damages and overtime pay.

The designee authorized to find that the administratively determined liquidated damages due under FAR

22.302(a) are incorrect or that the contactor or subcontractor inadvertently violated the Contract Work Hours and Safety Standards Act is set forth in CAM 1301.70.

Subpart 1322.4—Labor Standards for Contracts Involving Construction

1322.404 Davis-Bacon Act wage determination.

1322.404-6 Modification of wage determination.

The designee authorized to request an extension beyond 90 days after bid opening from the Department of Labor Administrator, Wage and Hour Division is set forth in CAM 1301.70.

1322.406 Administration and enforcement.

1322.406-8 Investigations.

The designee authorized to process a contracting officer's report on labor standards investigations is set forth in CAM 1301.70.

Subpart 1322.6—Walsh-Healey Public Contracts Act

1322.604 Exemptions.

1322.604-2 Regulatory exemptions.

The designee authorized to request that the Secretary of Labor exempt a contract or class of contracts from Walsh-Healey Act stipulations is set forth in CAM 1301.70.

Subpart 1322.8—Equal Employment Opportunity

1322.805 Procedures.

The designee authorized to approve award without pre-award clearance is set forth in CAM 1301.70.

1322.807 Exemptions.

The designee authorized to exempt a contract from all or part of Executive Order 11246 for national security purposes is set forth in CAM 1301.70.

Subpart 1322.10—Service Contract Act of 1965, as Amended

1322.1001 Definitions.

The DOC labor advisor is the Assistant General Counsel for Administration/Employment & Labor Law Division.

Subpart 1322.13—Special Disabled Veterans, Veterans of the Vietnam Era, and Other Eligible Veterans

1322.1305 Waivers.

(a) The designee authorized to waive any requirement in FAR

22.13 if it is determined that the contract is essential to national security is set forth in CAM 1301.70.

(b) The contracting officer must submit requests for waivers to the designee authorized under 1322.1305 (a). The request shall include a justification for the waiver and be available in electronic format.

Subpart 1322.14—Employment of Workers With Disabilities

1322.1403 Waivers.

(a) The designee authorized to waive any or all terms of the clause at FAR

52.222–36 is set forth in CAM 1301.70.

(b) The designee authorized, with the concurrence of the Deputy Assistant Secretary of Labor, to waive any requirement of FAR Subpart

22.14 when it is determined that the contract is essential to the national security, is set forth in CAM 1301.70.

(c) The contracting officer must submit requests for waivers to the designee authorized under 48 CFR 1322.1403 (a) and (b). The request shall include a justification for the waiver and be available in electronic format.