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or referral to the Director, OFCCP, as appropriate.

Subpart 422.13-Special Disabled

and Vietnam Era Veterans

422.1303 Waivers.

(a) The Assistant Secretary for Administration is authorized to make the waiver determination under FAR 22.1303(a), and under FAR 22.1303(b) with concurrence of the Director, OFCCP.

(b) The contracting office shall submit requests for waivers through the HCA to the Director, Office of Operations.

Federal Procurement Regulations (FPR) Subpart 1-12.9, Service Contract Act of 1965, as amended by the FPR Temporary Regulation 76, Revision of Labor Standards for Federal Service Contracts, February 23, 1984, must be followed in acquisitions of services. This Subpart 422.70 implements the essential elements of the FPR Temporary Regulation 76 and includes the major changes to the Department of Labor (DOL) regulations, dated October 19, 1983.

(b) Request for determinations and exemptions. The HCA shall direct requests for determinations regarding the applicability of the Service Contract Act and requests for exemptions from the Act to the Wage and Hour Administrator.

422.1306 Complaint procedures.

The contracting officer shall forward complaints received about the administration of the Vietnam Era Veterans Readjustment Assistance Act of 1972 directly to the DOL as prescribed in FAR 22.1306.

422.7002 Clause for contracts of $2,500

or less. The contracting officer shall insert the clause at 452.222-70, Service Contract Act of 1965-Contracts of $2,500 or less, in solicitations and contracts if the contract amount is expected to be $2,500 or less and the Service Contract Act of 1965 applies.

Subpart 422.14-Employment of

the Handicapped 422.1403 Waivers.

(a) The Assistant Secretary for Administration is authorized to make the waiver determinations under FAR 22.1403(a), and under FAR 22.1403(b) with concurrence of the Director, OFCCP.

(b) The contracting officer shall submit requests for waivers through the HCA to the Director, Office of Operations.

422.1406 Complaint procedures.

The contracting officer shall forward complaints received about the administration of Section 503 of the Rehabilitation Act of 1973, as amended, directly to the OFCCP as prescribed in FAR 22.1406.

422.7003 Clauses for contracts over

$2,500. (a) The contracting officer shall insert the clause at 452.222–71, Service Contract Act of 1965, as amended, in solicitations and contracts if the contract is subject to the Service Contract Act of 1965 and is

(1) Expected to exceed $2,500 or

(2) For an indefinite dollar amount and the contracting officer expects the contract amount to exceed $2,500 during any 12-month period.

(b) The contracting officer shall insert the clauses at 452.222–72, Statement of Equivalent Rates for Federal Hires and 452.222–73, Fair Labor Standards Act and Service Contract ActPrice Adjustment, in solicitations and contracts if the contract is expected to be a fixed price service contract containing the clause at 452.222–71, Service Contract Act of 1965 (as amended), that exceeds the small purchase limitation. The clause at 452.222–73 is optional for small purchases.

Subpart 422.70-Service Contract

Act of 1965

SOURCE: 53 FR 6066, Feb. 29, 1988, unless otherwise noted.

422.7001 Applicability.

(a) General. Pending coverage in the FAR, the policies and procedures in the

422.7004 Notice of intention to make a with the Environmental Protection service contract.

Agency in advance of the granting of (a) The Department of Labor (DOL)

any class exemption. has issued a Service Contract Act Di- (49 FR 12124, Mar. 28, 1984) rectory of Occupations to use in determining job classifications when procur- PART 424-PROTECTION OF PRIing services. The directory contains oc

VACY AND FREEDOM OF INFORcupational titles and descriptions that

MATION contracting offices must use when listing on SF 98a the classes of service em

Subpart 424.1-Protection of Individual ployees to be used. When contracting

Privacy officers are unable to find an appropriate title or description in the direc- Sec. tory, they must develop and submit an 424.104 Contract clauses. appropriate occupational title and description for the work to DOL with the

Subpart 424.2-Freedom of Information Act SF 98 request.

424.202 Policy. (b) Requests to expedite wage deter- AUTHORITY: 5 U.S.C. 301 and 40 U.S.C. minations or to check the status of a 486(c). request may be made by the contracting officer directly to the DOL Wage Subpart 424.1-Protection of and Hour Administrator.

Individual Privacy 422.7006 Hearings.

424.104 Contract clauses. Requests for hearings under 29 CFR When applicable, the contracting of4.11 will be made by the contracting of- ficer shall insert the clause at 452.224 ficer through the head of the contract- 71, Confidentiality of Information, in ing activity to the Administrator,

contracts involving confidential inforWage and Hour Division, Employment mation. Standards Administration, U.S. Department of Labor, Washington, DC,

(53 FR 6066, Feb. 29, 1988) 20210. All such requests shall be coordinated with the appropriate legal coun

Subpart 424.2-Freedom of sel.

Information Act

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Sec.

the Assistant Secretary for AdminisSubpart 425.2-Buy American Act- tration shall decide whether award to Construction Materials

the domestic concern would involve un

reasonable cost. The HCA shall refer 425.202 Policy. 425.203 Evaluating offers.

such proposed awards to the Director, 425.204 Violations.

Office of Operations, for coordination

of the necessary approval. Subpart 425.3-Balance of Payments Program

425.108 Excepted articles, materials,

and supplies. 425.302 Policy.

(a) The HCA shall determine if artiSubpart 425.4-Purchases Under the Trade

cles, materials, and supplies should be

added to or deleted from the list in Agreements Act of 1979

FAR 25.108(d)(1). The HCA shall provide 425.402 Policy.

a copy of all such determinations to 425.407 Solicitation provision and contract the Director, Office of Operations. clause.

(b) The Director of the Office of OperAUTHORITY: 5 U.S.C. 301 and 40 U.S.C. ations shall submit a copy of each de486(C).

termination to the FAR Council in acSOURCE: 49 FR 12124, Mar. 28, 1984, unless cordance with FAR 25.108 (b) and (c). otherwise noted.

Subpart 425.2-Buy American Subpart 425.1-Buy American

Act--Construction Materials Act-Supplies

425.202 Policy. 425.102 Policy.

(a) The Assistant Secretary for Ad(a) The Assistant Secretary for Ad- ministration shall make the deterministration shall make the deter- mination prescribed in FAR 25.202(a)(2). mination prescribed in FAR 25.102(a)(3). (b) The HCA shall make the deter

(b) The HCA shall make the deter- mination prescribed in FAR 25.202(a)(3) mination prescribed in FAR 25.102(a)(4) in accordance with the procedures in in accordance with 425.108.

425.108.

(c) The HCA shall make the deter425.105 Evaluating offers.

mination prescribed in FAR 25.202(b). (a) FAR 25.105 provides that the price of a domestic end product is unreason

425.203 Evaluating offers. able if it exceeds specified percentages. The Assistant Secretary for AdminisThe FAR, however, permits the agency tration may determine that the use of head to determine that offers above a particular domestic construction mathese percentages are acceptable.

terial would be impracticable or unrea(1) Contracting officers who deter- sonably increase the cost of the conmine it is in the best interest of the tract. If the Assistant Secretary makes Government to award a contract to a such a determination, the restrictions domestic firm whose offer exceeds the of the Buy American Act shall be percentages specified in FAR 25.105(a) waived for that material for the con(1) and (2) may do so only with ap tract in question. proval of the Assistant Secretary for (a) If a contracting officer deterAdministration.

mines that the use of a particular do(2) Requests for approval must:

mestic construction material should be (i) Be directed to the Director, Office waived for a contract, the contracting of Operations, by the HCA;

officer shall submit the proposed award (ii) Be in writing; and

and the information prescribed in FAR (iii) Provide a detailed justification 25.203(b) through the HCA to the Direcfor the reasonableness of the domestic tor, Office of Operations. offer.

(b) The Director, Office of Oper(b) If an award of more than $250,000 ations, shall evaluate all waiver rewould be made to a domestic concern if quests and make a recommendation for the 12 percent factor were applied, but approval or disapproval to the Assistnot if the 6 percent factor were applied, ant Secretary for Administration.

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SUBCHAPTER E-GENERAL CONTRACTING REQUIREMENTS

PART 427-(RESERVED)

Subpart 428.3-Insurance

PART 428-BONDS AND

INSURANCE

Subpart 428.1-Bonds

Sec. 428.102–3 Solicitation requirements.

Subpart 428.2-Sureties

428.203 Options in lieu of sureties.

Subpart 428.3-Insurance

428.310 Contract clause for work on a Gov

ernment installation. 428.370 Government-owned vehicles oper

ated in foreign countries. AUTHORITY: 5 U.S.C. 301 and 40 U.S.C. 486(c).

SOURCE: 49 FR 12125, Mar. 28, 1984, unless otherwise noted.

428.310 Contract clause for work on a

Government installation. The contracting officer shall insert the clause at 452.228–73, Insurance Coverage, in solicitations and contracts when a fixed-price contract is contemplated, the contract amount exceeds the appropriate small purchase limitation in FAR Part 13, the contract requires work on a Government installation and contains the clause at FAR 52.228-5, unless

(a) Only a small amount of work is required on the Government installation (e.g., a few brief visits per month); or

(b) All work on the Government installation is to be performed outside the United States, its possessions, and Puerto Rico. The contracting officer may insert the following clause in solicitations and contracts described in paragraphs (a) and (b) above if it is in the Government's interest to do so. If property liability insurance is required, the contracting officer shall use the clause with its Alternate I. (53 FR 6067, Feb. 29, 1988)

Subpart 428.1-Bonds

428.102–3 Solicitation requirements.

(a) The contracting officer shall insert the provision at 452.228–70, Notice of Required Bid Guarantee, in a solicitation if a performance bond or a performance and payment bond is required.

(b) The contracting officer shall insert the clause at 452.228–71, Notice of Required Performance Security, in solicitations and contracts for construction or other service contracts over $25,000, which require the contractor to furnish a performance bond.

(c) The contracting officer shall insert the clause at 452.228–72, Notice of Required Payment Security, in solicitations and contracts for construction exceeding $25,000. (53 FR 6067, Feb. 29, 1988)

428.370 Government-owned vehicles

operated in foreign countries. The Department is authorized to obtain insurance to cover liability incurred by any of its employees while acting within the scope of their employment and operating a Governmentowned vehicle in a foreign country (7 U.S.C. 2262).

PART 429-(RESERVED)

PART 430-COST ACCOUNTING

STANDARDS

Subpart 428.2-Sureties

AUTHORITY: 5 U.S.C. 301 and 40 U.S.C. 486(c).

428.203 Options in lieu of sureties.

HCA's shall establish procedures to ensure protection and conveyance of deposited securities of the types listed in FAR 28.203–1 and 28.203–2.

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