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Navy Marine Corps Acquisition Regulation Supplement


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PART 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(AP) 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, NAVFACENGCOM (Code ACQ), Washington Navy Yard, Building 33, 1322 Patterson  Avenue SE, Suite 1000, Washington, DC 20374-5065.

(2)(i) Submit requests for approval to  DASN(AP) 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(AP) 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 via 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) Contract number;

(C) Location of dispute and, if on a  government installation, the name of installation;

(D) Brief statement on the reason(s) for  dispute;

(E) Actual or potential impact on contract  performance, base operations, support services, and any active or projected  construction projects;

(F) Need to remove government property or  material from a strike-bound plant or facility;

(G) Any actions the contractor has taken and  plans to take to settle the dispute;

(H) 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;

(I) Contracting Officer s assessment of the  contractor s contingency plan; and

(J) 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 contract  labor standards to the Navy Labor Advisor in DASN(AP) by email at NavyLaborAdvisor@navy.mil, or for NAVFAC contracts, to the NAVFACENGCOM Labor  Advisor.

(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(AP) 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(AP) by  email at NavyLaborAdvisor@navy.mil (or via the NAVFACENGCOM Labor Advisor 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 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 (Code ACQ), Washington Navy Yard, Building  33, 1322 Patterson Avenue SE, Suite 1000, Washington, DC 20374-5065, in accordance  with Command procedures. For all other contracts, forward the report to DASN(AP) 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(AP) by email at NavyLaborAdvisor@navy.mil with  the subject DFARS 222.406-8 Labor Standards Compliance: Contracting Officer s Report  Attorney General Notification. DASN(AP) 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(AP) 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(AP) 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 at the ASN(RDA) website under Policy and  Guidance.

 

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