# AFARS PART 5122

- 5122.001 Definitions.

- Subpart 5122.1 – Basic Labor Policies

- 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

5122.001 Definitions.

“Labor advisor,” as used in this part, means the labor advisor, Contract and Fiscal Law Division, Office of the Judge Advocate General.

Subpart 5122.1 – Basic Labor Policies

5122.101 Labor relations.

5122.101-1 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 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.

5122.101-3 Reporting labor disputes.

(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.

5122.103 Overtime.

5122.103-4 Approvals.

(a) The following individuals may approve overtime:

(i) Contracting officer.

(ii) Chief of contracting office.

(iii) HCAs.

(iv) Principal assistants responsible for contracting.

(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.

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 Army 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) Send the contracting officer’s report to the following address:

Attn.: Labor Advisor, Contract and Fiscal Actions Branch

US Army Legal Services Agency (USALSA)

2200 Army Pentagon, 3B548

Washington, DC 20310.

The labor advisor forwards the report to the Department of Labor on behalf of the agency head (see FAR 22.406-8(d)(2)).

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) for officials authorized to adjust or waive assessments of liquidated damages in accordance with DFARS 222.406-9(c)(4).