(Revised 01 May 2019)
AFARS - PART 5122 Application of Labor Laws to Government Acquisitions
Subpart 5122.1 - Basic Labor Policies
5122.101-3 Reporting labor disputes.
5122.101-3-70 Impact of labor disputes on defense programs.
Subpart 5122.3 - Contract Work Hours and Safety Standards Act
5122.302 Liquidated damages and overtime pay.
Subpart 5122.4 - Labor Standards for Contracts Involving Construction
5122.404 Construction wage requirements statute wage determinations.
5122.404-6 Modification of wage determinations.
5122.406 Administration and enforcement.
5122.406-9 Withholding from or suspension of contract payments.
Subpart 5122.8 - Equal Employment Opportunity
Subpart 5122.13 - Equal Opportunity for Veterans
Subpart 5122.14 - Employment of Workers With Disabilities
Subpart 5122.16 - Notification of Employee Rights Under the National Labor Relations Act
5122.1604 Compliance evaluation and complaint investigations and sanctions for violations.
Labor advisor, as used in this part, means the labor advisor, Contract and Fiscal Law Division, Office of the Judge Advocate General.
The labor advisor grants departmental approval for the actions listed in DFARS PGI 222.101-1. The head of the contracting activity (HCA) may contact a national office of a labor organization, a regional office of the Federal Mediation and Conciliation Service, National Mediation Board, or National Labor Relations Board for information. However, when a contract has been transferred to the Defense Contract Management Agency for administration, request the information from the Defense Contract Management Agency. See Appendix GG for further delegation.
(2) Contact the labor advisor before disseminating any information on labor disputes. Army personnel cannot give information about work stoppages or labor disputes to representatives of labor or management without authorization from the labor advisor.
(b) The head of the contracting activity shall submit a report of findings and recommendations as described in DFARS PGI 222.101-3-70(b). See Appendix GG for further delegation.
(a) The following individuals may approve overtime:
(i) Contracting officer.
(ii) Chief of contracting office.
(iii) HCAs.
(iv) Senior contracting official.
(v) Other individuals whom the Deputy Assistant Secretary of the Army (Procurement), Office of the Assistant Secretary of the Army (Acquisition, Logistics and Technology), specifically designates as needed.
(c) The Assistant Secretary of the Army (Acquisition, Logistics and Technology) may perform the duties as stated in FAR 22.302(c). See Appendix GG for further delegation.
(b)(6) The Assistant Secretary of the Army (Acquisition, Logistics and Technology) may request an extension as stated in FAR 22.404-6(b)(6). See Appendix GG for further delegation.
(d) Send the contracting officer s report to the following mail or email address:
Attn.: Labor Advisor, Contract and Fiscal Actions Division
Office of The Judge Advocate General
2200 Army Pentagon, 3B548
Washington, DC 20310.
usarmy.pentagon.hqda-otjag.mbx.usalsa-kfld-rbg-support@mail.mil.
The labor advisor forwards the report to the Department of Labor on behalf of the agency head (see FAR 22.406-8(d)(2)).
(c) Disposition of contract payments withheld or suspended.
(4) Liquidated damages. See 5122.302(c) for officials authorized to adjust or waive assessments of liquidated damages in accordance with DFARS 222.406-9(c)(4).
(a)(8) The head of the contracting activity may approve the award as described in FAR 22.805(a)(8). See Appendix GG for further delegation.
(a)(1) The Assistant Secretary of the Army (Acquisition, Logistics and Technology) shall make the determination as described in FAR 22.807(a). See Appendix GG for further delegation.
(b) The Assistant Secretary of the Army (Acquisition, Logistics and Technology) may waive any requirement in this subpart when it is determined that the contract is essential to the national security. See Appendix GG for further delegation.
(b) The Assistant Secretary of the Army (Acquisition, Logistics and Technology) may waive any requirement in this subpart when it is determined that the contract is essential to the national security. See Appendix GG for further delegation.
(f) The Assistant Secretary of the Army (Acquisition, Logistics and Technology) may impose remedies as described in FAR 22.1503(f). See Appendix GG for further delegation.
(d) The Assistant Secretary of the Army (Acquisition, Logistics and Technology) may provide the written objections as stated in FAR 22.1604(d). See Appendix GG for further delegation.
(a)(7) The Assistant Secretary of the Army (Acquisition, Logistics and Technology) shall designate the authorized official of the contracting agency as described in FAR 22.1703(a)(7). See Appendix GG for further delegation.
(c) The Assistant Secretary of the Army (Acquisition, Logistics and Technology) shall ensure that the contracting officer is provided with the report as described in FAR 22.1704(c). See Appendix GG for further delegation.