LABOR (v) contribution to bona fide charities such as the Red Cross or United Givers Fund; and (vi) regular union initiation fees and membership dues where a collective bargaining agreement provides for such deductions. This does not include work permits or special assignments. (5) When the employee does not have full and actual freedom of disposition of his wage payment, whether made in cash or by check, any restricted payment made to the employee is considered a deduction under this Subpart. (6) Nothing herein will be construed to permit any deduction which the contractor or subcontractor knew or, in the exercise of good faith, should have known did not meet the standards in (2) (i) through (iv) above. The Secretary of Labor may notify the contractor or subcontractor that a deduction will be permitted only if certain conditions with respect thereto are observed. The contractor or subcontractor or any affiliated persons will comply with such general rules and regulations concerning the deductions as the Secretary of Labor will make from time to time, notice of which will have been given to the contractor or subcontractor or any affiliated person making the deduction and to NASA either directly or through publication in the Federal Register. (c) Preservation. Certified payrolls and statements shall be preserved by the installation concerned for a period of 3 years from completion of the contract and shall be produced at the request of the Secretarty of Labor at any time during such period. 12.404-7 Investigations. (a) Investigations necessary to assure compliance with contract, statutory, and regulatory requirements shall be made. If feasible, contracts of 6 months or less duration shall be investigated before final payment is made. Contracts of longer duration shall be investigated as frequently as may be necessary. Such investigations shall include interviews of employees on a sampling basis. (b) Special investigations in detail shall be made when required by complaints or other evidence of violations. Complaints of violations shall be given priority. (c) Statements, written or oral, made by an employee shall be treated as confidential and shall not be disclosed to the employer without the consent of the employee. 12.404-8 Enforcement Reports. (a) Where underpayments total $500 or more, or are willful, the contracting officer concerned shall furnish to the Department of Labor, through the NASA Office of Industrial Relations (Code L), as soon as practicable, a detailed enforcement report. Such reports shall include a statement of the findings as to the violations and information as to restitution made, payment deductions, contract terminations, and the names and addresses of the workers, contractors and subcontractors concerned. (For willful violations of a criminal statute, see 12.404-8(c) below.) (b) Where underpayments total less than $500 and are nonwillful, and where restitution has been effected and future compliance assured, no report need be furnished the Department of Labor, unless the Department of Labor has expressly requested that the investigation be made. In the latter case, the contracting officer shall submit through the NASA Office of Industrial Relations (Code L), a factual summary report in accordance with 29 C.F.R. 5.7(a)(1). 12.404-7 CFR TITLE 41 CHAPTER 18 LABOR STANDARDS IN CONSTRUCTION CONTRACTS (၁) where there is a substantial evidence that violations are willful and in breach of the False Affidavits Act (18 U.S.c. 1001) or other criminal statute, the matter shall be forwarded to the Attorney General for prosecution, and the Secretary of Labor shall be informed of such action. (d) (1) The Department of Labor Regulation (Part 5 of Title 29, Code of Federal Regulations) as implemented by Memorandum No. 60 issued on June 25, 1964, and Memorandum No. 126 issued on October 20, 1976, by the Solicitor of Labor, required that semiannual enforcement reports on compliance with and enforcement of the labor standards provisions of the Davis-Bacon Act and related acts be submitted covering the periods of October 1 through March 31 and April 1 through September 30, respectively. These reports shall cover contracts awarded directly by NASA and shall be submitted, in duplicate, by April 10 and October 10 Each year to the office of Procurement, NASA Headquarters (Code HP-1), for consolidation submission to the Department of Labor. Negative reports are required. and (2) The reports shall be prepared in accordance with the following format: This Semiannual Labor Compliance Report to the Department of Labor Pursuant to report covers period from 19 .... Date to I. a. Number of contracts awarded subject to labor standards statutes ..... .. (Include contracts awarded during the period, all or part of which were subject to the coverage of any of the statutes listed in 29 CFR 5.1, except for contracts awarded for NASA by other Government agencies, e.g., the Corps of Engineers). b. Number of contracts letters were sent ..... c. Number of contracts conferences were held .......... on which preconstruction on which preconstruction d. Number of contracts on which letters of notice were sent to contractors emphasizing importance of future compliance ..... (Total 11. a. Total gross payroll amount $.... gross payroll amount is the sum of all gross payments made to laborers and mechanics during the reporting NASA PROCUREMENT REGULATION LABOR period. Contractor's Weekly Payroll Statement forms used by rost agencies require that the gross payroll amount be shown on the Payroll Statement. This item requires merely the totalling of these gross amounts.) b. Number of employee interviews conducted .... : 1. Written (Written interviews, which can be facillitated by use of employee interview forms, should be supported by interview statement on file.) c. Amount of wage Bacon and related acts $..... Hours Standards Act $.... related acts" refers to all prevailing wage statutes listed in 29 CFR 5.1, where as the Contract Work Hours Standards Act has reference to daily and weekly cvertime). a. restitution made under Davis.: under Contract Work ("Davis-Bacon and Total number of restitution payments .... e. workers who received Amount of liquidated damages assessed for viclaticns of Contract Work Hours Standards Act $........ f. Number of complaints received alleging violations of the contract labor standards requirements ..... (This item refers to complaints and inquires from all sources, including employees, unions, the agency's Washington headquarters, the Department of Labor, or renber of Congress). III. a. Number of visits to field officers by the contracting agency's Washington headquarters personnel to review labor standards compliance program ..... b. Number of visits to contract sites by Division, Di strct, or Regional officers of agency to review labor standards compliance program ..... ("Visit" as referred to in Items III a. and b. above means a visit to an activity by one or more persons for an in-depth review of labor standards compliance procedures). IV. Remarks: Signature. 12.404-9 Suspensions and Deductions of Contract Payments, In the event of failure or refusal to pay all cr any part of the wages due workers, the contracting officer may suspend further contract payments to the contractor in amounts equal to such unpaid wages and liquidated damages which may be due until either restitution has been made directly by the contractor or subcontractor concerned or deductions against payment CFR TITLE 41 CHAPTER 18 LABOR STANDARDS IN CONSTRUCTION CONTRACTS vouchers are made as provided below. If such failure or refusal appears continuing or willful, or in the event of any other failure and refusal to comply with contract, statutory, and regulatory requirements, the contracting officer may suspend all future contract payments to the contractor until such violations have ceased. If restitution is not made directly by the contractor or subcontractor within a reasonable time or, in any event, prior to final payment under the contract, the contracting officer shall submit with the contractor's payment voucher cr vouchers a "Schedule of Withholdings Under the Davis-Bacon Act" (40 U.S.C. 276 (a) (Standard Form 1093), and a statement of the amount to be withheld as liquidated damages. The se amounts shall be deducted from the payments made to the contractor, and the amounts shown to be due the workers shall be deposited in the Treasury. 12,404-10 Restitution.____Restitution of amounts due workers may be permitted at any time at the volition of the contractor or subcontractor and may be ordered by NASA whenever wage underpayments are found to be nonwillful. 12.404-11 Contract Terminations, whenever a contract is terminated for violation of the labor standards Frovisions, a report shall be made by the NASA contracting officer to the Director of Procurement for submission to the Secretary of Labor and the Comptroller General. The report shall include the name and address of the terminated contractor or subcontractor, the name and address of the contractor cr subcontractor who is to complete the work, the amount and number of the latter's contract, and a description of the work thereunder. 12.404-12 Cooperation with Department of Labor, NASA will cooperate with representatives of the Department cf Labor in the inspection of records, interviews with workers, and all other aspects of investigations undertaken by the Department of Labor. When requested, NA SA ccntracting officers shall furnish to Secretary of Labor any available information respect to contractors, contracts, and the nature of the contract work. subcontractors, the with their Next page is 12-6:17 NASA PROCUREMENT REGULATION |