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VAAR PART 822 - APPLICATION OF LABOR LAWS TO GOVERNMENT ACQUISITIONS


PART 822 - APPLICATION OF LABOR LAWS TO GOVERNMENT ACQUISITIONS


PART 822--APPLICATION OF LABOR LAWS TO GOVERNMENT ACQUISITIONS

TABLE OF CONTENTS

SUBPART 822.3--CONTRACT WORK HOURS AND SAFETY STANDARDS ACT

§822.304

Variations, tolerances, and exemptions.

SUBPART 822.4--LABOR STANDARDS FOR CONTRACTS INVOLVING CONSTRUCTION

§822.470

Department of Labor regulations.

§822.473

Administration and enforcement policy.

§822.474

Payrolls and statements.

§822.475

Investigations.

§822.476

Suspensions and deductions of contract payments.

§822.477

Reports.

§822.478

Contract terminations.

§822.479

Review of recommendations for an appropriate adjustment in liquidated damages under the Contract Work Hours and Safety Standards Act.

Appendix A

Investigation and enforcement manual.

Appendix B

Semiannual enforcement report.

PART 822 - APPLICATION OF LABOR LAWS TO GOVERNMENT ACQUISITIONS

SUBPART 822.3 - CONTRACT WORK HOURS AND SAFETY STANDARDS ACT

§822.304   Variations, tolerances, and exemptions.

When a contract is entered into for nursing home care, the clause prescribed by FAR 22.305 will be modified to reflect the variation contained in 29 CFR 5.15(d)(3) as set forth in §852.222-70.

SUBPART 822.4 - LABOR STANDARDS FOR CONTRACTS INVOLVING CONSTRUCTION

§822.470   Department of Labor regulations.

§822.473   Administration and enforcement policy.

§822.474   Payrolls and statements.

§822.475   Investigations.

§822.476   Suspensions and deductions of contract payments.

§822.477   Reports.

§822.478   Contract terminations.

§822.479   Review of recommendations for an appropriate adjustment in liquidated damages under the Contract Work Hours and Safety Standards Act.

SUBPART 822.4 - LABOR STANDARDS FOR CONTRACTS INVOLVING CONSTRUCTION - APPENDIX A

INVESTIGATION AND ENFORCEMENT MANUAL

(For Government Use Only)

Investigation and enforcement manual with respect to labor standards provisions applicable to contracts covering federally financed and assisted construction, pursuant to, Part 5 of Subtitle A - Office of the Secretary of Labor (Title 29, Code of Federal Regulations).

INTRODUCTION

Part I - Investigation by Project Inspector.

Sec. 1.   Relationship with other duties.

The investigation for compliance by the project inspectors or other persons similarly responsible for the enforcement of the contract provisions is continuous for the duration of the job. Their activities are fundamental to the success of this program, but the assumption of additional responsibilities on their part should be consistent with their presently assigned duties as well as their experience and knowledge of construction in all its phases. Accordingly, the effective use of this staff will require that the project inspector become fully familiar with each contractor's responsibilities in the employment and payment of persons engaged on the project as well as his/her responsibilities for meeting other specifications, for example, materials used, adherence to building code regulations, and time of completion of work.

Sec. 2.   Aid to project inspector by the agency.

Sec. 3.   Extent of investigation by project inspector.

Sec. 4.   Preliminary checking of payrolls by the project inspector.

The weekly payroll should be utilized for spot checking in the course of investigation assignments whether such investigations are made on a selective basis or otherwise. The project inspector should assume responsibility for timely and proper submission of the required payroll data. He/she should, at least, scan this information for completeness and discrepancies, such as disproportionate employment in the various classifications, in light of his/her knowledge of the status of construction on the project. He/she could, of course, compare the information on the payrolls with the daily time records on a spot check basis and at intervals sufficient to satisfy himself/herself that the records truly reflect the existing conditions. The payrolls, certifications and affidavits, together with the project inspectors report of his/her findings and recommendations, should be transmitted promptly to the field or regional office for filing, or for further checking and use by the special investigator as may be necessary. If potential violations of a serious nature or that are not readily adjustable are indicated, the project inspectors report should contain sufficient data regarding the nature and extent of such potential violations to enable the agency to determine whether a full scale investigation by the special investigator is warranted.

Sec. 5.   Posters.

The project inspector should see that the wage determination decision and any other required labor standards provisions are posted by the contractor at the site of the work in a prominent and accessible place where it can be easily ready by the workers. Enforcement will be materially aided if, in addition to the posting of the Secretary of Labors wage determination decisions, a poster is conspicuously displayed which informs employees of their rights and that written complaints will be received by the project inspector or the agency. This would also serve to put the subcontractors on notice of the labor standards provisions. It is suggested that on projects covering large areas, these posters be placed at more than one location.

SUBPART 822.4 - LABOR STANDARDS FOR CONTRACTS INVOLVING CONSTRUCTION - APPENDIX B

SEMIANNUAL ENFORCEMENT REPORT

INSTRUCTIONS

Line 1   Enter the beginning and ending dates of the period covered by the semiannual report.

Line 2A   Enter the number of prime contracts subject to the Davis-Bacon Act, or any of the related statutes listed in 29 CFR part 5 (FAR subpart 22.4), awarded during the period covered by this report.

Line 2B   Enter the number of nonconstruction contracts, subject to the Contract Work Hours and Safety Standards Act (FAR subpart 22.3, e.g., window washing, elevator maintenance, television repair, etc.), awarded during the period covered by this report.

Line 3A   Enter the total dollar value of the contracts listed on line 2A.

Line 3B   Enter the total dollar value of the contracts listed on line 2B.

Line 4   Enter the total number of contractors and subcontractors against whom complaints were received by VA.

Line 5   Enter the total number of full-scale investigations completed at your station by VA. A full-scale investigation is a complete and detailed investigation into the administration of labor standards provisions of the contract; do not include routine payroll checks. However, a full-scale investigation may be one limited to some portion of a contractor's/subcontractor's operation, such as a single paving crew.

Line 6   Enter the number of contractors and subcontractors found in violation as a result of the investigations reported on line 5 above. Do not count a contractor or subcontractor more than once in a single investigation because he/she has violated more than one act, or because more than one contract is included in the investigation.

Line 7   Enter the total amount of wage restitution which your station found due employees of the contractors/subcontractors reported on line 6 above, showing under (A) the amount found due because of violations of the Davis-Bacon and Related Acts and under (B) the amount of wage restitution found due because of violations of the Contract Work Hours and Safety Standards Act.

Line 8   Enter the number of employees to whom the wage restitution reported on line 7 above is due. The figure is the unduplicated count:   that is, an employee due wage restitution as a result of an investigation shall be counted only once, regardless of the fact that he/she may be due wage restitution under the Contract Work Hours and Safety Standards Act.

Line 9   Enter the total amount of liquidated damages assessed as a result of violations of the Contract Work Hours and Safety Standards Act, regardless of whether the investigations are made by the VA or the Department of Labor.

Remarks   Enter any explanation or comment considered necessary to a proper understanding of the report. A separate sheet may be attached, if necessary.

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