48 CFR Part 722 — Application of Labor Laws to Government Acquisition

PART 722—APPLICATION OF LABOR LAWS TO GOVERNMENT ACQUISITION Authority: Sec. 621, Pub. L. 87-195, 75 Stat. 445, (22 U.S.C. 2381) as amended; E.O. 12163, Sept. 29, 1979, 44 FR 56673; 3 CFR, 1979 Comp., p. 435. Source: 49 FR 13246, Apr. 3, 1984, unless otherwise noted. Subpart 722.1—Basic Labor Policies 722.103 Overtime. 722.103-1 Definitions. Compensatory time off 722.103-2 Policy. (a) Most contracts covered by this regulation call for the performance of professional or technical services overseas on a cost-reimbursement basis. The compensation for employees performing such services is normally fixed on a monthly or annual basis, and the contracts usually state minimum work week hours. It is not expected that these employees will receive additional pay, overtime or shift premiums, or compensatory time off. (b) When the contracting officer determines it is in the best interests of the Government, specific provision may be made in contracts to permit such benefits for non-technical and non-professional employees serving overseas, subject to approvals to be required in the contract. [49 FR 13246, Apr. 3, 1984. Redesignated at 61 FR 39092, July 26, 1996] 722.103-3 [Reserved] 722.103-4 Approvals. The contracting officer may make the determinations referred to in (48 CFR) FAR 22.103-4. [49 FR 13246, Apr. 3, 1984. Redesignated at 61 FR 39092, July 26, 1996; 79 FR 74988, Dec. 16, 2014] 722.170 Employment of third country nationals (TCN's) and cooperating country nationals (CCN's). (a) General. (b) Compensation. (c) Allowances and differentials. (d) Country and security clearances. (e) Physical fitness. (f) Workweek, holidays, and leave. (g) Travel and transportation for TCN's and CCN's. (h) Household effects and motor vehicles. [49 FR 13246, Apr. 3, 1984, as amended at 79 FR 74994, Dec. 16, 2014] Subpart 722.8—Equal Employment Opportunity 722.805-70 Procedures. (a) The procedures in this section apply, as appropriate, for all contracts excluding construction, which shall be handled in accordance with (48 CFR) FAR 22.804-1. Contracting officers are responsible for ensuring that the requirements of (48 CFR) FAR 22.8 and related clauses are met before awarding any contracts or consenting to subcontracts subject to these requirements. (b) Representations and certifications. (c) OFCCP's National Preaward Registry. (1) If the conditions stated in (48 CFR) FAR 22.805(a) (4) are met (including the contract file documentation requirement in paragraph (a)(4)(iii)), then the contracting officer does not need to take any further action in verifying the offeror's compliance with the requirements of this subpart and (48 CFR) FAR 22.8. (2) If the offeror does not appear in the National Preaward Registry, and the estimated amount of the contract or subcontract is expected to be under $10 million then the contracting officer may rely on the Reps and Certs as sufficient verification of the offeror's compliance. (3) If the offeror does not appear in the National Preaward Registry and the estimated amount of the contract or subcontract is $10 million or more, then the contracting officer must request a preaward clearance from the appropriate OFCCP regional office, in accordance with 48 CFR 22.805(a). If the initial contact with OFCCP is by telephone, the contracting officer and OFCCP are to mutually determine what information is to be included in the written verification request. The contracting officer may need to provide the following information in addition to the items listed in (48 CFR) FAR 22.805(a)(5), if so requested by the OFCCP regional office: (i) Name, title, address, and telephone number of a contract person for the prospective contractor; (ii) A description of the type of organization (university, nonprofit, etc.) and its ownership (private, foreign, state, etc.). (iii) Names and addresses of the organizations in a joint venture (if any). (iv) Type of procurement (new contract—RFP or IFB, amendment, etc.) and the period of the contract. (v) Copy of approved Reps and Certs. (d) In the event that OFCCP reports that the offeror is not in compliance, negotiations with the offeror shall be terminated. (e) Documentation for the contract file. (1) For contracts or modifications over $10,000 but less than $10 million, the file must contain a statement from the contracting officer that the contractor is considered in compliance with EEO requirements, and giving the basis for this statement (see paragraph (c)(2) of this section). This statement may be in a separate memorandum to the file or in the memorandum of negotiation. (2) For contracts or modifications of $10 million or more, the file must document all communications with OFCCP regarding the offeror's compliance. Such documentation includes copies of any written correspondence and a record of telephone conversations, specifying the name, address, and telephone number of the person contacted, a summary of the information presented, and any advice given by OFCCP. (f) Documentation in the event of non-compliance. [64 FR 5007, Feb. 2, 1999; 64 FR 18481, Apr. 14, 1999, as amended at 79 FR 74988, 74994, Dec. 16, 2014] 722.810 Solicitation provisions and contract clauses. (a) The contracting officer must insert the clause at 752.222-70, USAID Disability Policy in section I of all solicitations and resulting contracts. (b) The contracting officer must insert the clause at 752.222-71, Nondiscrimination in section I of all solicitations and resulting contracts [81 FR 48716, July 26, 2016]

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