# AFARS PART 5122

- Subpart 5122.1 -- Basic Labor Policies

- 5122.001 -- Definition.
- 5122.101 -- Labor relations.

- 5122.101-1 -- General.
- 5122.101-3 -- Reporting labor disputes.

- 5122.103 -- Overtime.

- 5122.103-4 -- Approvals.

- 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

- 5122.406 -- Administration and enforcement.

- 5122.406-8 – Investigations.
- 5122.406-9 -- Withholding from or suspension of contract payments.

AFARS -- Part 5122
Application of Labor Laws to Government Acquisitions

Subpart 5122.1 -- Basic Labor Policies

5122.001 -- Definition.

“Labor Advisor,” is the Labor Advisor, Contract and Fiscal Law Division, Office of the Judge Advocate General.

5122.101 -- Labor relations.

5122.101-1 -- General.

See DFARS PGI 222.101-1. [AFARS Revision #21, dated May 22, 2007]

(a) (i) The Labor Advisor grants departmental approval. The Head of the Contracting Activity (HCA) or designee is authorized to contact 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 (DCMA) for administration, request the information from the DCMA.

(ii) Notify the Labor Advisor.

(iii) Request approval through the Labor Advisor.

(iv) Army personnel cannot give information about work stoppages or labor disputes to representatives of labor or management without authorization from the Labor Advisor.

5122.101-3 -- Reporting labor disputes.

See DFARS PGI 222.101-3 (2). [AFARS Revision #21, dated May 22, 2007]

(2) Contact the Labor Advisor before disseminating any information on labor disputes.

5122.103 -- Overtime.

5122.103-4 -- Approvals.

(a) The following are designated to approve overtime:

(i) Contracting officer

(ii) Chief of Contracting Office

(iii) HCAs.

(iv) Deputies to HCAs.

(v) PARCs.

(vi) Project managers.

(vii) Other individuals specifically designated from time to time by the Deputy Assistant Secretary of the Army (Procurement) (DASA (P)), Office of the Assistant Secretary of the Army (Acquisition, Logistics and Technology) (ASA(AL&T)).

[AFARS Revision #21, dated May 22, 2007]

Subpart 5122.3 -- Contract Work Hours and Safety Standards Act

5122.302 -- Liquidated damages and overtime pay.

(c) The designee of the head of the agency is the Chief of Engineers for the United States Corps of Engineers contracts only and the Labor Advisor for all other contracts.

Subpart 5122.4 -- Labor Standards for Contracts Involving Construction

5122.406 -- Administration and enforcement.

5122.406-8 – Investigations.

(d) The contracting officer’s report must be sent to the Office of the Judge Advocate General, U.S. Army Contract and Fiscal Law Division, Attn.: Labor Advisor, 901 North Stuart Street, Arlington, VA 22203-1837. See DFARS PGI 222.406-8(d). [AFARS Revision #21, dated May 22, 2007][AFARS Revision #22, dated September 12, 2007]

5122.406-9 -- Withholding from or suspension of contract payments.

(c) Disposition of contract payments withheld or suspended.

(4) Liquidated damages. See 5122.302(c).