(5) Solicitations for work to be performed outside any state, territory, or possession of the United States, the District of Columbia, and the Commonwealth of Puerto Rico. This provision must not be used when the provision at 552.219-73, Preparation and Submission of Subcontracting Plans, prescribed in (b), below, is included in the solicitation. (b) The contracting officer shall insert the provision at 552.219-73, Preparation and Submission of Subcontracting Plans, in negotiated solicitations for prospectus level projects for construction, repair and alteration leases of real property. or [56 FR 64214, Dec. 9, 1991, as amended at 57 FR 37890, Aug. 21, 1992] 519.770 Reporting requirements under subcontracting assistance program. 519.770-1 Report forms. (a) Standard Form 294, Subcontracting Report for Individual Contracts. This report is required for reporting subcontracting activity under contracts with individual contract plans. A separate report must be made on this form for each contract with an individual contract plan. This report is not required for commercial products plans. (1) Contractors shall submit the SF 294 report to the contracting office administering the contract and a copy to the SBTA. (2) Reports are due semiannually (within 30 days after March 31st and September 30th) and at contract completion. (b) Standard Form 295, Summary Subcontract Report. This form is required for reporting subcontracting activity under both individual contract plans and commercial products plans. (1) Individual contract plans. (i) Contractors shall submit the SF 295 reports to AU. (ii) The reports are annual and should cover the period October 1-September 30 (Government fiscal year). They are due on or before October 30th of each year. (iii) The reports should include the total subcontracting activity under all GSA contracts held by the contractor, excluding contracts covered by commercial products plan. (2) Commercial products plans. (i) Contractors shall submit the SF 295 reports to the contracting office administering the contract and a copy to AU. NOTE: This instruction applies only for the first GSA contract covered by a commercial products plan awarded during the contractor's fiscal year. Contractors are not required to submit SF 295 reports for subsequent contracts awarded during their current fiscal year and covered by the same commercial products plan. (ii) Reports are due annually, on or before October 30th of each year. The reports should cover the contractor's subcontracting activity under company-wide plan for commercial products in effect during the reporting period, which is October 1st to September 30th (Government fiscal year). [54 FR 26527, June 23, 1989, as amended at 56 FR 3045, Jan. 28, 1991] 519.770-3 Reporting on contractual actions under section 211 of Pub. L. 95-507. (a) Contracting office reporting requirements. A quarterly report of the number and dollar value of contracts awarded and modification requiring a plan (see 519.702) in excess of $500,000 ($1 million for construction) requiring subcontracting plans or a written determination that no subcontracting opportunities exist, must be prepared by contracting offices and submitted to the SBTA by the 10th calendar day after the end of the quarter. Report Control Symbol ADM 64 is assigned to this report. Negative reports are required. The SBTA will forward the reports to AU by the 20th calendar day following the end of the quarter. (b) Report format. The following format is prescribed for the quarterly report. REPORTING OFFICE REPORT ON CONTRACTING ACTIONS UNDER (contracts estimated or actual value over $500,000) [$1 million for construction] NOTE: Do not include Contracts with Small Business Concerns. Subpart 519.8-Contracting With the Small Business Administration (The 8(a) Program) 519.803 Selecting acquisitions for the 8(a) program. 519.803-70 Contracting Officer evaluation of recommendations for 8(a) set-aside(s). If the Director of Small and Disadvantaged Business Utilization (AU) or the SBTA recommends that a procurement be set-aside for award under the 8(a) program and the contracting officer disagrees, the contracting officer shall discuss the matter with the official that made the recommendation before making a final decision. If the not contracting officer decides to award the contract under the 8(a) program as recommended, the reasons for the decision must be documented for the record as required by FAR 19.202 and a copy of the documentation must be forwarded to AU within 10 working days of the contracting officer's decision. [56 FR 26769, June 11, 1991] PART 520-LABOR SURPLUS AREA CONCERNS-(RESERVED) PART 521-(RESERVED) PART 522-APPLICATION 522.101 Labor relations. 522.101-1 General. 522.101-3 Reporting labor disputes. 522.103 Overtime. 522.103-4 Approvals. 522.103-5Contract clause. Subpart 522.3-Contract Work Hours and Safety Standards Act 522.302 Liquidated damages and overtime pay. LABOR LAWS TO GOVERNMENT ACQUISITIONS 522.1003 Applicability. 522.1003-3 Statutory exemptions. 522.1003-4 Administrative limitations, vari ations, tolerances, and exemptions. 522.1003-7 Questions concerning applicability of the Act. Sec. 522.1005 Clause for contracts of $2,500 or less. 522.1006 Clauses for contracts over $2,500. 522.1011 Response to notice by Department of Labor. 522.1011-2 Requests for status or expediting of response. 522.1013 Review of wage determination. 522.1014 Delay of acquisition dates over 60 days. 522.1021 Substantial variance hearings. Subpart 522.13-Special Disabled and Vietnam Era Veterans 522.1303 Waivers. 522.1306 Complaint procedures. Subpart 522.14-Employment of the Handicapped 522.1403 Waivers. 522.1406 Complaint procedures. AUTHORITY: 40 U.S.C. 486(c). SOURCE: 54 FR 26532, June 23, 1989, unless otherwise noted. 522.000 Scope of part. This part provides agency policies regarding contractor labor relations as they relate to the acquisition process; procedures for implementing requirements for FAR part 22; and it also precribes contract clauses for use in certain contracts. [57 FR 7555, Mar. 3, 1992] 522.001 Definition. Agency labor advisor as used in this part means the Director of the Office of GSA Acquisition Policy. [57 FR 7555, Mar. 3, 1992] Subpart 522.1-Basic Labor Policies 522.101 Labor relations. 522.101-1 General. (a) In conjunction with the Office of General Counsel (OIG), the agency labor advisor: (1) Serves as the focal point on matters that relate to contractor labor relations; (2) Is responsible for initiating contact on labor relations matters with national offices of labor organizations, Government departments, agencies or other governmental organizations; (3) Serves as a clearinghouse for information on labor laws applicable to Government acquisitions; and (4) Responds to questions involving FAR part 22, GSAR part 522 or other contractor labor relations matters that arise in connection with GSA acquisition programs. OGC is responsible for determining the agency's legal position with respect to these matters. (b) GSA personnel in discharge of their duties and consistent with FAR 22.101-1(b), shall refrain from involvement in or expressing a position on, labor negotiations between contractors and unions or on the merits of any dispute between labor and a contractor's management. [57 FR 7556, Mar. 3, 1992] 522.101-3 Reporting labor disputes. Reports required by FAR 22.101-3 must be submitted to the agency labor advisor. [57 FR 7556, Mar. 3, 1992] 522.103 Overtime. 522.103-4 Approvals. The head of the program office is the agency official responsible for approving overtime under FAR 22.103-4(a). 522.103-5 Contract clause. The contracting officer shall include the clause at FAR 52.222-1, Notice to the Government of Labor Disputes, in solicitations and contracts for items on the DoD Master Urgency List. [57 FR 7556, Mar. 3, 1992] Subpart 522.3-Contract Work Hours and Safety Standards Act 522.302 Liquidated damages and overtime pay. (a) The Administrator has designated the Heads of Central Office Services to make determinations under FAR 22.302(c). (b) Upon a final administrative determination regarding the assessment of liquidated damages, the contracting officer notifies the appropriate Finance Office of the decision and provides nec essary instructions regarding the disposition of funds withheld or the collection of funds. If funds were withheld from contract payments to satisfy the claim for liquidated damages pending a final administrative determination, the appropriate Finance Office shall be instructed to immediately release any funds in excess of the amount specified in the final administrative determination to the contractor. If funds were not withheld or if the amount of liquidated damages assessed exceeds that amount withheld for liquidated damages, the contracting officer initiates collection action by withholding funds from payments due on the instant contract or by issuing a demand for payment. When the contractor has other Government contracts the demand letter should indicate the Government's intent to offset if payment is not made. The contracting officer will provide the appropriate Finance Office with a copy of the demand for payment and request that the Finance Office initiate collection action under 41 CFR Part 105-55, Collection of Claims Owed the United States, if payment is not made in accordance with the demand letter. Subpart 522.4-Labor Standards for Contracts Involving Construction 522.404 Davis-Bacon Act wage deter minations. 522.404-6 Modifications of wage deter minations. Contracting directors may request extensions of the 90-day period for application of a general wage determination. See FAR 22.404-6(b)(6). 522.406 Administration and enforcement. 522.406-1 Policy. The GSA Form 618-A, Transmittal of Contract Award, may be used to inform contractors of their obligations under the labor standards clauses of the contract. 522.406-6 Payrolls and statements. Prime contractors and subcontractors who personally perform work are required to submit, instead of weekly payrolls and statements of compliance with respect to payment of wages, a statement clearly showing their contractual relationship, the scope and dates of work performed, that they received no wages, and that no mechanics or laborers were employed in the prosecution of the work. GSA Form 618-D, Statement to be Submitted When Work is Performed Personally, should be used to furnish this information. 522.406-7 Compliance checking. Compliance checks must be made as frequently as necessary and before final payment is made. Compliance checking is essential to the success of the labor standards enforcement program. 522.406-8 Investigations. (a) When compliance checks indicate such action is warranted, the contracting officer shall request the Regional Inspector General for Investigations to conduct an investigation of a contractor's compliance with the labor standards requirements. (b) The contracting director shall review and process the contracting officer's report under FAR 22.406–8(d). 522.406-9 Withholding from or suspension of contract payments. Upon final administrative determination regarding the assessment of liquidated damages, the contracting officer shall follow the procedures in 522.302(b). 522.406-11 Contract terminations. Contracting officers shall submit reports required under FAR 22.406-11. 522.406-13 Semiannual enforcement reports. Contracting activities shall submit semiannual enforcement reports to the agency labor advisor (See 522.001) for consolidation and submission to the Department of Labor. The reports should be submitted within 15 calendar days after the end of the reporting period. [57 FR 7556, Mar. 3, 1992] |