48 CFR Part 922 — Application of Labor Laws to Government Acquisition

PART 922—APPLICATION OF LABOR LAWS TO GOVERNMENT ACQUISITION Authority: 42 U.S.C. 7101 et seq. et seq. Source: 49 FR 11998, Mar. 28, 1984, unless otherwise noted. Subpart 922.1—Basic Labor Policies 922.101-70 General (applicability of Management and Operating contractor basic labor policies to certain non-Management and Operating contracts). (a) The policies and associated contract clauses in 970.2201 apply to the award and administration of non-Management and Operating contracts if: (1) The contract work had been previously performed under a DOE Management and Operating contract; and/or (2) The Contractor is required to employ all or part of the former Contractor's workforce; or (3) The contract has been specifically designated by the Senior Procurement Executive. (b) The non-M&O contracts described by paragraph (a) of this section may include, but are not limited to, contracts whose work is for: (1) Environmental remediation; (2) Decontamination and decommissioning; (3) Environmental restoration; (4) Infrastructure services for the site; (5) Site closure at a current or former M&O contract site or facility; or (6) Protective forces that provide physical security of sites at a current or former M&O contract site. [89 FR 89750, Nov. 13, 2024] 922.103 Overtime. 922.103-4 Approvals. (d)(1) Where the cost to the Government may be affected, approval of hours of work in excess of the normal workweek is justified only in those instances and for those employees where it can be shown that overtime would provide needed and demonstrable impetus to the accomplishment of Department of Energy (DOE) objectives and that all other means of meeting these objectives have been considered and found inadequate or not feasible. Accordingly, the Heads of Contracting Activities shall— (i) Establish controls to prevent excess casual overtime and to assure that such overtime work is in the best interest of the Government. Casual overtime means— (A) Work in excess of the normal workweek (or in excess of an authorized extended workweek) which cannot be regularly scheduled in advance; or (B) Regularly scheduled work in excess of the normal workweek for a period of four consecutive weeks or less; and (ii) Establish controls to assure that any use of any extended workweek schedule is in the best interest of the Government. Extended workweek means a workweek regularly scheduled and established in excess of the normal workweek for a period in excess of four consecutive weeks. [49 FR 11998, Mar. 28, 1984, as amended at 59 FR 9106, Feb. 25, 1994; 74 FR 36365, July 22, 2009] 922.103-5 Contract clauses. In accordance with 48 CFR 22.101-1(e) and 48 CFR 22.103-5, the contracting officer shall insert the clause at 48 CFR 52.222-1, Notice to the Government of Labor Disputes, in all solicitations and contracts for protective services at DOE owned facilities requiring continuity of services for public safety and national security reasons. The contracting officer may insert this clause in other solicitations and contracts where a significant need for continuity in contract performance exists. See subpart 937.70, Protective Services Contracting, for additional policy guidance regarding protective services. [58 FR 36151, July 6, 1993, as amended at 74 FR 36365, July 22, 2009; 75 FR 69012, Nov. 10, 2010] Subpart 922.4—Labor Standards for Contracts Involving Construction Source: 89 FR 89751, Nov. 13, 2024, unless otherwise noted. 922.406 Administration and enforcement. 922.406-1 Policy. This section sets forth additional controls and criteria for the application of the Construction Wage Rate Requirements Statute (40 U.S.C. chapter 31, subchapter IV, Wage Rate Requirements (Construction), formerly known as the Davis-Bacon Act) (Statute) in the Department of Energy's operational or maintenance activities. The policy included in this subpart applies to M&O contracts. (c) Categorical exemptions. (1) Work for which continuity of operations is mission-essential ( i.e., (2) Emergency work to combat the effects of fire, flood, earthquake, military or terrorist attacks, technological emergencies, infectious disease/pandemic influenza threats, equipment failure, accident, or other casualties, and to restart the operational activity following the casualty. This exemption will generally apply only to work directly related to restarting the activity or work. (d) Particular exemptions. (1) Individual work items estimated to cost $2,000 or less. (2) General operational and maintenance activities. (3) Assembly, modification, setup, installation, replacement, removal, rearrangement, connection, testing, adjustment, and calibration of machinery and equipment. (4) Experimental development of equipment, processes, or devices, including assembly, fitting, installation, testing, reworking, and disassembly. (i) Set-up of devices and processes associated with the experiment, within established facilities, usually require utility connections. (ii) Assembly of piping and equipment, including adaptation and modification within existing hot cell facilities. (iii) Assembly of materials and equipment for thermonuclear experiments. (iv) Assembly, erection, modification, and disassembly of a loop set-up. (v) Reactor component experiments involving the insertion of experimental components within reactor systems without the use of a loop assembly. (5) Decontamination. (6) Burial of contaminated soil waste or contained liquid. e.g., (e) Statute-covered experimental development work. e.g., (f) Different work categories may have differing Statute coverage. (1) Contractors whose contracts do not contemplate the performance of work covered by the Statute with the contractor's employees are not authorized to perform such work within the scope of the Statute, unless the Contracting Officer, in compliance with FAR subpart 22.4, modifies the contract. (2) Determinations of Statute applicability are the responsibility of the HCA on a case-by-case basis. However, the HCA may delegate to the Contracting Officer, if consistent with DOE's responsibilities as described in this subsection, the authority to prescribe, from time to time, classes of work as to which applicability or non-applicability of the Statute is clear. (g) Contracting Officer responsibilities. (h) Construction site contiguous to an established manufacturing facility. Subpart 922.6 [Reserved] Subpart 922.8—Equal Employment Opportunity 922.800 Scope of subpart. This subpart implements 48 CFR part 22, subpart 22.8. It applies to all DOE contracts and subcontracts. [49 FR 11998, Mar. 28, 1984, as amended at 59 FR 9106, Feb. 25, 1994; 75 FR 69012, Nov. 10, 2010] 922.802 [Reserved] 922.803 Responsibilities. (a) The Director, Office of Federal Contract Compliance Programs of the Department of Labor has been delegated authority and responsibility for carrying out the requirements of Executive Order 11246, as amended. In conjunction with the delegation, contracting officers shall be familiar with existing and any updated provisions of 41 CFR Ch. 60, and assist the Department of Labor in its compliance responsibilities. DOE contracting officers will include the applicable Equal Employment Opportunity (EEO)) and Affirmative Action Program (AAP) requirements in their solicitations and obtain the applicable reports of compliance from the Office of Federal Contract Compliance Programs (OFCCP) (when required) prior to awarding of contracts. The provisions of 41 CFR Ch. 60, are applicable to all DOE contracts. (d) The OFCCP requires that requests for pre-award clearances be directed to the OFCCP Regional Office in which the contractor's facility is (to be) located. If OFCCP finds the contractor in compliance, the contracting officer will be notified. Findings of non-compliance can be communicated to the contracting officer by the OFCCP or Headquarters Director or his designee. The appropriate Regional Office will provide the appropriate contact point in cases of non-compliance. The Director, Office of Civil Rights (DOE HQ), when requested, will provide assistance to contracting officers resolving non-compliance issues by providing assistance in obtaining a final decision from the OFCCP. [49 FR 11998, Mar. 28, 1984; 49 FR 38951, Oct. 2, 1984, as amended at 58 FR 36365, July 7, 1993] 922.804 [Reserved] 922.804-1 Nonconstruction. In the event a prospective contractor or subcontractor is entering into its first contract containing the Equal Opportunity clause, the contracting officer shall determine that the prospective contractor understands and appears able to conform to the requirements of the EEO clause. 922.804-2 Construction. (a) Construction contracts, including cost-sharing contracts, are subject to OFCCP orders applicable in particular areas. (1) When a proposed nonexempt construction contract is within a geographic area where construction is subject to the provisions of Federal EEO Bid Conditions, Part I or Part II, the solicitation shall contain those bid conditions. The contracting officer shall include in such solicitation a provision that “the offeror shall adhere to the affirmative action plan (bid conditions) set forth in this solicitation.” (2) Lists of areas for which OFCCP has designated specific affirmative action requirements are available through the Procurement Executive. Contracting officers should assure that this list and copies of pertinent orders are made available to all concerned DOE offices and to DOE contractors and construction subcontractors for work to be performed in the specified geographical areas. (b) Other nonexempt construction contracts. (2) When proposed nonexempt contracts of $1,000,000 or over are not in plan areas and have not been designated as high impact, offerors also must submit to the contracting officer details regarding specific affirmative action steps to be taken by the offeror in connection with all work under the contract. Such details shall include estimates of the percentage of minority group persons expected to be employed in each craft involved in the performance of the contract work. All solicitations for construction contracts shall reference the affirmative action requirements and the offeror's obligation to make good faith efforts to employ women in craft positions. (3) Pursuant to the OFCCP order dated August 30, 1976, agencies shall develop “Special Bid Conditions” for use on high impact projects in non-plan areas. These special bid conditions will include mandatory goals and timetables for the utilization of minorities. The Procurement Executive using the criteria issued by OFCCP will determine those projects that are “high impact.” The contracting officer is responsible for compliance with policies and procedures contained in the OFCCP “Construction Compliance Program Operations Manual.” Language for inclusion in solicitations or contracts contained in the manual may be modified, provided all of the requirements are retained. The contracting officer shall develop the goals and timetables and shall confer with the appropriate OFCCP regional office. The Office of Civil Rights will provide assistance as necessary, when requested. Special bid conditions will be submitted by the contracting officer to the appropriate OFCCP regional office for approval unless otherwise directed by the Procurement Executive. When special bid conditions are applicable, adequate presolicitation lead time should be allowed for submission of the special bid conditions to OFCCP national and regional offices. (c) An attempt to limit in any major respect the equal opportunity requirements included in an invitation for bids or request for proposals for a construction contract shall constitute grounds for a determination that the offeror does not qualify as a responsible offeror and for rejection of the bid or proposal. In the case of construction acquisition by DOE prime contractors, this determination shall be made only with the approval of the DOE contracting officer. [49 FR 11998, Mar. 28, 1984, as amended at 56 FR 41965, Aug. 26, 1991, 58 FR 36365, July 7, 1993; 59 FR 9106, Feb. 25, 1994] 922.807 Exemptions. (c) Contracting officer requests for exemption from E.O. 11246 should be directed to the Procurement Executive for submission to the Director, OFCCP.

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