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NMCARS PART 5222 APPLICATION OF LABOR LAWS TO GOVERNMENT ACQUISITIONS



PART 5222 APPLICATION OF LABOR LAWS TO GOVERNMENT ACQUISITIONS

SUBPART 5222.1—BASIC LABOR POLICIES

5222.101 (DFARS 222.101) Labor relations.

5222.101-1 (PGI 222.101-1) General.

(1) Submit requests for approval to DASN(AP) by email at RDAJ&As.fct@navy.mil with the subject “PGI 222.101-1 – [Labor Relations Contact Approval Request/Plant Seizure/Injunctive Action]. ”

(2) Immediately notify DASN(AP) by email at RDAJ&As.fct@navy.mil with the subject “PGI 222.101-1 – [Labor Relations Contact/Seizure/Injunctive Action].”

(3) Submit questions for the labor advisor to the Navy Labor Advisor in DASN(AP) by email at NavyLaborAdvisor@navy.mil, except for questions involving the application of contract labor standards to NAVFACENGCOM contracts. Questions concerning labor issues on NAVFACENGCOM contracts should be submitted to the contract labor relations specialist in the appropriate NAVFACENGCOM division, or to the NAVFACENGCOMHQ labor advisor, NAVFACENGCOM (Code ACI), Washington Navy Yard, Building 33, 1322 Patterson Avenue SE, Suite 1000, Washington, DC 20374-5065.

5222.103 (DFARS 222.103) Overtime.

5222.103-4 (DFARS 222.103-4) Approvals.

(a) The CCO is the designated agency approving official.

5222.103-90 Exceptions.

The provisions of FAR 22.103, DFARS 222.103 and 5222.103 of this supplement are not applicable to ballistic missile programs.

SUBPART 5222.3—CONTRACT WORK HOURS AND SAFETY STANDARDS ACT

5222.302 (DFARS 222.302) Liquidated damages and overtime pay.

(c) The Navy Labor Advisor is delegated authority to act for the agency head.

SUBPART 5222.4—LABOR STANDARDS FOR CONTRACTS INVOLVING CONSTRUCTION

5222.406 (DFARS 222.406) Administration and enforcement.

5222.406-8 (DFARS 222.406-8) Investigations.

(d) Contracting officer's report. (1) For NAVFACENGCOM contracts, the contracting officer's report shall be forwarded to NAVFACENGCOMHQ (Code ACI), Washington Navy Yard, Building 33, 1322 Patterson Avenue SE, Suite 1000, Washington, DC 20374-5065, in accordance with Command procedures. For all other contracts, forward the report to DASN(AP) by email at RDAJ&As.fct@navy.mil with the subject “DFARS 222.406-8 – Labor Standards Compliance: Contracting Officer’s Report.”

(2)(iv) Forward the report to the Attorney General of the United States DASN(AP) by email at RDAJ&As.fct@navy.mil with the subject “DFARS 222.406-8 – Labor Standards Compliance: Contracting Officer’s Report – Attorney General Notification.” DASN(AP) will notify the Administrator, Wage and Hour Division.

SUBPART 5222.10—SERVICE CONTRACT LABOR STANDARDS

5222.1006 (FAR 22.1006) Solicitation provisions and contract clauses.

(c)(1) The Desk Guide for Service Contract Price Adjustments contains DoN guidance on processing price adjustments that result from:

(i) Changes in wage determinations issued under the Service Contract Act, or

(ii) Amendments changing the minimum wage required by the Fair Labor Standards Act.

SUBPART 5222.11— PROFESSIONAL EMPLOYEE COMPENSATION

5222.1103 (FAR 22.1103) Policy, procedures, and solicitation provision.

(S-90) Incorporate provision 52.222-46, Evaluation of Compensation for Professional Employees, in full text, in applicable solicitations. Contracting officers shall ensure that Source Selection Plans, along with Sections L and M of competitive solicitations, accurately reflect consideration of the total compensation plan when required by this provision.

SUBPART 5222.70—RESTRICTIONS ON THE EMPLOYMENT OF PERSONNEL FOR WORK ON CONSTRUCTION AND SERVICE CONTRACTS IN NONCONTIGUOUS STATES

5222.7003 (DFARS 222.7003) Waivers.

Submit waiver requests to DASN(AP) by email at RDAJ&As.fct@navy.mil with the subject “DFARS 222.7002 - Waiver of Requirements—National Security Interest.”

SUBPART 5222.74—RESTRICTIONS ON THE USE OF MANDATORY ARBITRATION AGREEMENTS

5222.7404 (DFARS 222.7404) Waiver.

Submit waiver requests for the Secretary of Defense via DASN(AP) by email at RDAJ&As.fct@navy.mil with the subject “DFARS 222.7404 -Waiver-Mandatory Arbitrations.”

SUBPART 5222.90— DEPARTMENT OF THE NAVY NON-CONSTRUCTION CONTRACTS CONTAINING CONSTRUCTION WORK

5222.9000 Department of the Navy non-construction contracts containing construction work.

The DoN created the DoN Non-Construction Contract with Construction Work Guide containing procedures that supplement existing policy for non-construction contracts (e.g. for supplies, services, research and development) that contain elements of construction valued in excess of the micro-purchase threshold. The procedures apply to all HCAs that award and administer contracts (including task and delivery orders) for assigned program requirements. The Guide is available at the ASN(RDA) website under Policy and Guidance.

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