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DFARS 222



Part 222--Application of Labor Laws to Government Acquisitions

TABLE OF CONTENTS

(Revised October 30, 2015)

222.001 Definitions.

SUBPART 222.1--BASIC LABOR POLICIES

222.101 Labor relations.

222.101-1 General.

222.101-3 Reporting labor disputes.

222.101-3-70 Impact of labor disputes on defense programs.

222.101-4 Removal of items from contractors' facilities affected by work
stoppages.

222.101-70 Acquisition of stevedoring services during labor disputes.

222.102 Federal and State labor requirements.

222.102-1 Policy.

222.103 Overtime.

222.103-4 Approvals.

SUBPART 222.3--CONTRACT WORK HOURS AND SAFETY STANDARDS

222.302 Liquidated damages and overtime pay.

SUBPART 222.4--LABOR STANDARDS FOR CONTRACTS INVOLVING
CONSTRUCTION

222.402 Applicability.

222.402-70 Installation support contracts.

222.403 Statutory and regulatory requirements.

222.403-4 Department of Labor regulations.

222.404 Construction Wage Rate Requirements statute wage determinations.

222.404-2 General requirements.

222.406 Administration and enforcement.

222.406-1 Policy.

222.406-6 Payrolls and statements.

222.406-8 Investigations.

222.406-9 Withholding from or suspension of contract payments.

222.406-10 Disposition of disputes concerning construction contract labor

222.406-13 Semiannual enforcement reports.

SUBPART 222.6-- CONTRACTS FOR MATERIALS, SUPPLIES, ARTICLES, AND EQUIPMENT EXCEEDING $15,000

222.604 Exemptions.

222.604-2 Regulatory exemptions.

SUBPART 222.8--EQUAL EMPLOYMENT OPPORTUNITY

222.806 Inquiries.

222.807 Exemptions.

SUBPART 222.10--SERVICE CONTRACT LABOR STANDARDS

222.1003 Applicability.

222.1003-1 General.

222.1008 Procedures for obtaining wage determinations.

222.1008-1 Obtaining wage determinations.

SUBPART 222.13—EQUAL OPPORTUNITY FOR VETERANS

222.1305 Waivers.

222.1308 Complaint procedures.

222.1310 Solicitation provision and contract clauses.

SUBPART 222.14--EMPLOYMENT OF WORKERS WITH DISABILITIES

222.1403 Waivers.

222.1406 Complaint procedures.

SUBPART 222.17—COMBATING TRAFFICKING IN PERSONS

222.1703 Policy.

222.1704 Violations and remedies.

222.1770 Procedures.

222.1771 Solicitation provision.

SUBPART 222.70--RESTRICTIONS ON THE EMPLOYMENT OF

222.7000 Scope of subpart.

222.7001 Definition.

222.7002 General.

222.7003 Waivers.

222.7004 Contract clause.

SUBPART 222.71--RIGHT OF FIRST REFUSAL OF EMPLOYMENT

222.7101 Policy.

222.7102 Contract clause.

SUBPART 222.72—COMPLIANCE WITH LABOR LAWS OF FOREIGN

222.7201 Contract clauses.

SUBPART 222.73—LIMITATIONS APPLICABLE TO CONTRACTS

222.7300 Scope of subpart.

222.7301 Prohibition on use of nonimmigrant aliens.

222.7302 Contract clause.

SUBPART 222.74—RESTRICTIONS ON THE USE OF MANDATORY

222.7400 Scope of subpart.

222.7401 Definition.

222.7402 Policy.

222.7403 Applicability.

222.7404 Waiver.

222.7405 Contract clause.

(Revised April 26, 2007)

222.001 Definitions.

“Labor advisor,” as used in this part, means the departmental or agency headquarters labor advisor.

SUBPART 222.1--BASIC LABOR POLICIES

(Revised October 30, 2015)

222.101 Labor relations.

222.101-1 General.

Follow the procedures at PGI 222.101-1 for referral of labor relations matters to the appropriate authorities.

222.101-3 Reporting labor disputes.

Follow the procedures at PGI 222.101-3 for reporting labor disputes.

222.101-3-70 Impact of labor disputes on defense programs.

with departmental procedures.

222.101-4 Removal of items from contractors' facilities affected by work stoppages.

222.101-70 Acquisition of stevedoring services during labor disputes.

222.102 Federal and State labor requirements.

222.102-1 Policy.

222.103 Overtime.

222.103-4 Approvals.

SUBPART 222.3--CONTRACT WORK HOURS AND SAFETY
STANDARDS

(Revised June 15, 2012)

222.302 Liquidated damages and overtime pay.

Upon receipt of notification of Contract Work Hours and Safety Standards violations,

the contracting officer shall—

SUBPART 222.4--LABOR STANDARDS FOR CONTRACTS INVOLVING CONSTRUCTION

(Revised June 15, 2012)

222.402 Applicability.

222.402-70 Installation support contracts.

installation support requirements, such as plant operation and installation services

(i.e., custodial, snow removal, etc.) are subject to the Service Contract Labor Standards. Apply Service Contract Labor Standards clauses and minimum wage and fringe benefit requirements to all contract service calls or orders for such maintenance and support work.

Contract construction, alteration, renovation, painting, and repair requirements (i.e., roof shingling, building structural repair, paving repairs, etc.) are subject to the

Construction Wage Rate Requirements statute. Apply Construction Wage Rate

Requirements clauses and minimum wage requirements to all contract service calls or

orders for construction, alteration, renovation, painting, or repairs to buildings or other works.

work-hours to perform shall be considered to be repair work subject to the Construction Wage Rate Requirements.

to perform shall be considered to be maintenance subject to the Service Contract Labor Standards.

Wage Rate Requirements statute regardless of the total work-hours required.

Requirements statute by splitting individual tasks between orders or contracts.

222.403 Statutory and regulatory requirements.

222.403-4 Department of Labor regulations.

Direct all questions regarding Department of Labor regulations to the labor advisor.

222.404 Construction Wage Rate Requirements statute wage determinations.

Not later than April 1 of each year, each department and agency shall furnish the Administrator, Wage and Hour Division, with a general outline of its proposed construction program for the coming fiscal year. The Department of Labor uses this information to determine where general wage determination surveys will be conducted.

222.404-2 General requirements.

222.406 Administration and enforcement.

222.406-1 Policy.

222.406-6 Payrolls and statements.

222.406-8 Investigations.

liquidated damages under the Contract Work Hours and Safety Standards (CWHSS) statute. The notification shall inform the contractor that—

222.406-9 Withholding from or suspension of contract payments.

that contractor's liability for Wage Rate Requirements or CWHSS statute wage

underpayments or liquidated damages.

222.406-10 Disposition of disputes concerning construction contract labor standards enforcement.

222.406-13 Semiannual enforcement reports.

Forward these reports through the head of the contracting activity to the labor advisor within 15 days following the end of the reporting period. These reports shall not include information from investigations conducted by the Department of Labor. These reports shall contain the following information, as applicable, for construction work

subject to the Construction Wage Rate Requirements statute and the CWHSS statute—

SUBPART 222.6-- CONTRACTS FOR MATERIALS, SUPPLIES, ARTICLES, AND EQUIPMENT EXCEEDING $15,000

(Revised August 28, 2014)

222.604 Exemptions.

222.604-2 Regulatory exemptions.

SUBPART 222.8--EQUAL EMPLOYMENT OPPORTUNITY

(Revised April 12, 2006)

222.806 Inquires.

222.807 Exemptions.

SUBPART 222.10--SERVICE CONTRACT LABOR STANDARDS

(Revised June 15, 2012)

222.1003 Applicability.

222.1003-1 General.

For contracts having a substantial amount of construction, alteration, renovation, painting, or repair work, see 222.402-70.

222.1008 Procedures for obtaining wage determinations.

222.1008-1 Obtaining wage determinations.

Follow the procedures at PGI 222.1008-1 regarding use of the Service Contract Act Directory of Occupations when preparing the e98.

SUBPART 222.13—EQUAL OPPORTUNITY FOR VETERANS

(Revised October 30, 2015)

222.1305 Waivers.

222.1308 Complaint procedures.

The contracting officer shall—

222.1310 Solicitation provision and contract clauses.

SUBPART 222.14--EMPLOYMENT OF WORKERS WITH DISABILITIES

(Revised June 15, 2012)

222.1403 Waivers.

222.1406 Complaint procedures.

The contracting officer shall notify the complainant of such referral. The contractor in question shall not be advised in any manner or for any reason of the complainant's name, the nature of the complaint, or the fact that the complaint was received.

SUBPART 222.17—COMBATING TRAFFICKING IN PERSONS

(REVISED JANUARY 29, 2015)

222.1703 Policy.

See PGI 222.1703 for additional information regarding DoD policy for combating trafficking in persons outside the United States.

222.1704 Violations and remedies.

Follow the procedures at PGI 222.1704 for notifying the Combatant Commander if a violation occurs.

222.1770 Procedures.

For a sample checklist for auditing compliance with Combating Trafficking in Persons policy, see the Defense Contract Management Agency checklist, Afghanistan Universal Examination Record Combating Trafficking in Persons, available at DFARS Procedures Guidance and Information 222.17.

222.1771 Solicitation provision.

Unless the solicitation includes the provision at 252.204-7007, use the provision at 252.222-7007, Representation Regarding Combating Trafficking in Persons, in all solicitations and contracts that exceed the simplified acquisition threshold, including solicitations and contracts using FAR part 12 procedures for the acquisition of commercial items.

SUBPART 222.70--RESTRICTIONS ON THE EMPLOYMENT OF PERSONNEL FOR WORK ON CONSTRUCTION AND SERVICE CONTRACTS IN NONCONTIGUOUS STATES

(Revised August 17, 2000)

222.7000 Scope of subpart.

222.7001 Definition.

"Noncontiguous State," as used in this subpart, means Alaska, Hawaii, Puerto Rico, the Northern Mariana Islands, American Samoa, Guam, the U.S. Virgin Islands, Baker Island, Howland Island, Jarvis Island, Johnston Atoll, Kingman Reef, Midway Islands, Navassa Island, Palmyra Atoll, and Wake Island.

222.7002 General.

A contractor awarded a contract subject to this subpart must employ, for the purpose of performing that portion of the contract work within the noncontiguous State, individuals who are residents of that noncontiguous State and who, in the case of any craft or trade, possess or would be able to acquire promptly the necessary skills to perform the contract.

222.7003 Waivers.

The head of the agency may waive the requirements of 222.7002 on a case-by-case basis in the interest of national security.

222.7004 Contract clause.

Use the clause at 252.222-7000, Restrictions on Employment of Personnel, in all solicitations and contracts subject to this subpart. Insert the name of the appropriate noncontiguous State in paragraph (a) of the clause.

SUBPART 222.71--RIGHT OF FIRST REFUSAL OF EMPLOYMENT

(Revised April 12, 2006)

222.7101 Policy.

222.7102 Contract clause.

Use the clause at 252.222-7001, Right of First Refusal of Employment--Closure of Military Installations, in all solicitations and contracts arising from the closure of the military installation where the contract will be performed.

SUBPART 222.72--COMPLIANCE WITH LABOR LAWS OF FOREIGN GOVERNMENTS

(Revised April 12, 2006)

222.7201 Contract clauses.

SUBPART 222.73—LIMITATIONS APPLICABLE TO CONTRACTS PERFORMED ON GUAM

(Revised April 26, 2007)

222.7300 Scope of subpart.

This subpart—

222.7301 Prohibition on use of nonimmigrant aliens.

222.7302 Contract clause.

Use the clause at 252.222-7005, Prohibition on Use of Nonimmigrant Aliens--Guam, in solicitations and contracts subject to this subpart.

SUBPART 222.74—RESTRICTIONS ON THE USE OF MANDATORY ARBITRATION AGREEMENTS

(Revised June 17, 2013)

222.7400 Scope of subpart.

This subpart implements section 8116 of the Defense Appropriations Act for Fiscal Year 2010 (Pub. L. 111-118) and similar sections in subsequent DoD appropriations acts.

222.7401 Definition.

“Covered subcontractor,” as used in this subpart, is defined in the clause at 252.222-7006, Restrictions on the Use of Mandatory Arbitration Agreements.

222.7402 Policy.

222.7403 Applicability.

This requirement does not apply to the acquisition of commercial items (including commercially available off-the-shelf items).

222.7404 Waiver.

agency procedures and PGI 222.7404(c).

222.7405 Contract clause.

Use the clause at 252.222-7006, Restrictions on the Use of Mandatory Arbitration Agreements, in all solicitations and contracts (including task or delivery orders and bilateral modifications adding new work) valued in excess of $1 million utilizing funds appropriated or otherwise made available by the Defense Appropriations Act for Fiscal Year 2010 (Pub. L. 111-118) or subsequent DoD appropriations acts, except in contracts for the acquisition of commercial items, including commercially available off-the-shelf items.

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