PART 922.APPLICATION OF LABOR LAWS TO GOVERNMENT ACQUISITION
Subpart 922.1.Basic Labor Policies
Sec.
922.103 Overtime.
922.103-4 Approvals.
922.103-5 Contract clauses.
Subpart 922.6.Walsh-Healey Public Contracts Act
922.608-3 Protests against eligibility.
922.608-4 Award pending final determination.
922.608-5 Award.
922.608-6 Postaward.
Subpart 922.8.Equal Employment Opportunity
922.800 Scope of subpart.
922.802 General.
922.803 Responsibilities.
922.804 Affirmative action programs.
922.804-1 Nonconstruction.
922.804-2 Construction.
922.807 Exemptions.
Subpart 922.71.Whistleblower Protection for Contractor Employees
922.7100 General.
922.7101 Clause.
Authority: 42 U.S.C. 7254; 40 U.S.C. 486(c).
Source: 49 FR 11998, Mar. 28, 1984, unless otherwise noted.
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Subpart 922.1.Basic Labor Policies
922.103 Overtime.
922.103-4 Approvals.
(d) Approvals. (1) Where the cost to the Government may be affected, approval of hours of work in excess of the normal
workweek is justified only in those instances and for those employees where it can be shown that overtime would provide
needed and demonstrable impetus to the accomplishment of DOE objectives and that all other means of meeting these
objectives have been considered and found inadequate or not feasible. Accordingly, the Heads of the Contracting Activities shall:
(i) Establish controls to prevent excess casual overtime and to assure that such overtime work is in the best interest of the
Government. Casual overtime means (A) work in excess of the normal workweek (or in excess of an authorized extended
workweek) which cannot be regularly scheduled in advance, or (B) regularly scheduled work in excess of the normal
workweek for a period of four consecutive weeks or less; and
(ii) Establish controls to assure that any use of any extended workweek schedule is in the best interest of the Government.
Extended workweek means a workweek regularly scheduled and established in excess of the normal workweek for a period
in excess of four consecutive weeks.
922.103-5 Contract clauses.
In accordance with FAR 22.101-1(e) and FAR 22.103-5, the contracting officer shall insert the clause at FAR 52.222-1,
Notice to the Government of Labor Disputes, in all solicitations and contracts for protective services at DOE owned
facilities requiring continuity of services for public safety and national security reasons. The contracting officer may insert
this clause in other solicitations and contracts where a significant need for continuity in contract performance exists. See
937.70, Protective Services Contracting, for additional policy guidance regarding protective services.
[58 FR 36149, Jul. 6, 1993]
Subpart 922.6.Walsh-Healey Public Contracts Act
922.608-3 Protests against eligibility.
When an eligibility determination made by the contracting officer is challenged, this protest shall be handled in accordance
with procedures for agency protests against award, except the matter shall be submitted to the Department of Labor for final
determination. However, if the eligibility determination challenged pertains to a small business, the protest shall be
forwarded to the Small Business Administration for determination.
922.608-4 Award pending final determination.
(a) Award, as contemplated by FAR 22.608-4, may be made only with the approval of the Head of the Contracting Activity.
922.608-5 Award.
The notice required by (FAR) 48 CFR 22.608-5 is to be sent to the appropriate Department of Labor Regional Office in
which the contractors place of business is located. Regional Office locations are specified at FAR 22.609.
922.608-6 Postaward.
(c) Any postaward actions of the type discussed at FAR 22.608-6 should be coordinated in advance with the Office of
Contractor Human Resource Management, within the Headquarters procurement organization.
Subpart 922.8.Equal Employment Opportunity
922.800 Scope of subpart.
This subpart implements (FAR) 48 CFR part 22, subpart 22.8. It applies to all DOE contracts and subcontracts.
922.802 General.
922.803 Responsibilities.
(a) The Director, Office of Federal Contract Compliance Programs of the Department of Labor has been delegated authority
and responsibility for carrying out the requirements of Executive Order 11246, as amended. In conjunction with the
delegation, contracting officers shall be familiar with existing and any updated provisions of 41 CFR Ch. 60, and assist the
Department of Labor in its compliance responsibilities. DOE contracting officers will include the applicable Equal
Employment Opportunity (EEO)) and Affirmative Action Program (AAP) requirements in their solicitations and obtain the
applicable reports of compliance from the Office of Federal Contract Compliance Programs (OFCCP) (when required) prior
to awarding of contracts. The provisions of 41 CFR Ch. 60, are applicable to all DOE contracts.
(d) The OFCCP requires that requests for pre-award clearances be directed to the OFCCP Regional Office in which the
contractor's facility is (to be) located. If OFCCP finds the contractor in compliance, the contracting officer will be notified.
Findings of non-compliance can be communicated to the contracting officer by the OFCCP or Headquarters Director or his
designee. The appropriate Regional Office will provide the appropriate contact point in cases of non-compliance. The
Director, Office of Civil Rights, Headquarters, when requested, will provide assistance to contracting officers resolving
non-compliance issues by providing assistance in obtaining a final decision from the OFCCP.
[49 FR 11998, Mar. 28, 1984; 49 FR 38951, Oct. 2, 1984]
922.804 Affirmative action programs.
922.804-1 Nonconstruction.
In the event a prospective contractor or subcontractor is entering into its first contract containing the Equal Opportunity
clause, the contracting officer shall determine that the prospective contractor understands and appears able to conform to
the requirements of the EEO clause.
922.804-2 Construction.
(a) Construction contracts, including cost-sharing contracts, are subject to OFCCP orders applicable in particular areas.
(1) When a proposed nonexempt construction contract is within a geographic area where construction is subject to the
provisions of Federal EEO Bid Conditions, Part I or Part II, the solicitation shall contain those bid conditions. The
contracting officer shall include in such solicitation a provision that "the offeror shall adhere to the affirmative action plan
(bid conditions) set forth in this solicitation."
(2) Lists of areas for which OFCCP has designated specific affirmative action requirements are available through the
Procurement Executive. Contracting officers should assure that this list and copies of pertinent orders are made available to
all concerned DOE offices and to DOE contractors and construction subcontractors for work to be performed in the
specified geographical areas.
(b) Other nonexempt construction contracts. (1) When a proposed nonexempt construction contract is not in a "plan area"
and is in the amount of $10,000 or more, offerors must agree to comply with the Equal Employment Opportunity clause.
(2) When proposed nonexempt contracts of $1,000,000 or over are not in plan areas and have not been designated as high impact, offerors also must submit to the contracting officer details regarding specific affirmative action steps to be taken by the offeror in connection with all work under the contract. Such details shall include estimates of the percentage of minority group persons expected to be employed in each craft involved in the performance of the contract
work. All solicitations for construction contracts shall reference the affirmative action requirements and the offeror's
obligation to make good faith efforts to employ women in craft positions.
(3) Pursuant to the OFCCP order dated August 30, 1976, agencies shall develop "Special Bid Conditions" for use on high
impact projects in non-plan areas. These special bid conditions will include mandatory goals and timetables for the utilization
of minorities. The Procurement Executive using the criteria issued by OFCCP will determine those projects that are "high
impact." The contracting officer is responsible for compliance with policies and procedures contained in the OFCCP
"Construction Compliance Program Operations Manual." Language for inclusion in solicitations or contracts contained in
the manual may be modified, provided all of the requirements are retained. The contracting officer shall develop the goals
and timetables and shall confer with the appropriate OFCCP regional office. The Office of Civil Rights, Headquarters will
provide assistance as necessary, when requested. Special bid conditions will be submitted by the contracting officer to the
appropriate OFCCP regional office for approval unless otherwise directed by the Procurement Executive. When special bid
conditions are applicable, adequate presolicitation lead time should be allowed for submission of the special bid conditions to
OFCCP national and regional offices.
(c) An attempt to limit in any major respect the equal opportunity requirements included in an invitation for bids or request
for proposals for a construction contract shall constitute grounds for a determination that the offeror does not qualify as a
responsible offeror and for rejection of the bid or proposal. In the case of construction acquisition by DOE prime
contractors, this determination shall be made only with the approval of the DOE contracting officer.
[49 FR 11998, Mar. 28, 1984, as amended at 56 FR 41965, Aug. 26, 1991 and 58 FR 36363, Jul. 7, 1993]
922.807 Exemptions.
(c) Contracting officer requests for exemption from E.O. 11246 should be directed to the Procurement Executive for
submission to the Director, OFCCP.
Subpart 922.71.Whistleblower Protection for Contractor Employees
922.7100 General.
The policy at 970.2274 also applies to contracts other than management and operating contracts that involve work to be
performed on-site at a DOE-owned or - leased facility.
922.7101 Clause.
The contracting officer shall insert the clause at 970.5204-59, Whistleblower Protection for Contractor Employees, in contracts other than management and operating contracts that involve work to be done on behalf of DOE directly related to activities at DOE-owned or -leased sites.
[57 FR 57638, Dec. 4, 1992 as corrected; 64 FR 12861, March 15, 1999]