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the legal incidence of the tax appears to be on the United States, and if a vendor refuses to sell at a price exclusive of the tax, Standard Form 1094 shall be used to obtain a record of the transaction for use by the Government in billing the taxing authority for refund of the tax.

(b) Standard Form 1094 shall be executed and delivered to the finance and accounting officer to whose accounts the vouchers in the transaction pertain. The certificate of the vendor shall be obtained on each Standard Form 1094 or receipt issued for the transaction. The payment voucher number shall be noted on the Standard Form 1094 and the serial number of the Standard Form 1094 shall be shown on the payment voucher.

(c) Finance and accounting officers shall forward the Standard Form 1094 to the Finance and Accounts Office, U.S. Army, Attention: Accounting Branch, Second and R Streets NW., Washington, D.C. 20315, which office shall bill the State or local taxing authority for refund of the tax paid. If that office is unable to obtain a refund of the tax, it shall refer the matter to the addressee in § 601.000 for determination whether it is appropriate to forward the file to the General Accounting Office for collection.

(d) Other forms of evidence of exemption from State and local taxes may be used in lieu of Standard Form 1094 when appropriate.

[34 FR 9525, June 18, 1969, as amended at 87 FR 25927, Dec. 6, 1972]

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As used in this part, the term "Labor Advisor" means the Labor Advisor, Office of the Assistant Secretary of the Army (Installations and Logistics), Department of the Army, Washington, D.C. 20310.

§ 602.051

Implementation.

So that there is maximum uniformity in application of basic labor policies within the Department of the Army, no implementation of this part shall be issued by any agency, command, or office of the Department of the Army without prior approval of the Labor Advisor, except as may be specifically authorized herein. If approval is obtained for implementing this part, the requirements in § 591.108 of this chapter shall apply. [36 FR. 20684, Oct. 28, 1971, as amended at 37 FR 25927, Dec. 6, 1972]

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(a) All problems arising out of the labor relations of Government contractors vitally affect procurement and are an essential part of procurement responsibility. Heads of procuring activities are encouraged to seek the assistance of the Labor Advisor (see § 602.050) in the disposition of these problems.

(b) A head of procuring activity or his designee is authorized to contact the appropriate regional office of the Federal Mediation and Conciliation Service, National Mediation Board, or National Labor Relations Board for information regarding the status of mediation proceedings, the nature of the dispute, or related matters of concern. However, in cases where administration of a contract has been transferred to the Defense Contract Administration Service (DCAS), requests for such information shall be made only upon the local DCAS regional office.

(c) Only the Labor Advisor is authorized to contact the national offices of the agencies named in paragraph (b) of this section. All inquiries for the national offices shall be forwarded to the Labor Advisor.

(d) Management and Labor representatives shall not be contacted with reference to matters related to disputes. Department of the Army personnel shall not volunteer information to nor answer requests from representatives of labor or management related to work stoppages or disputes without prior clearance from the Labor Advisor. Such clearances may be obtained by telephone when necessary: Provided, That written confirmation is made as soon thereafter as possible.

§ 602.101-3 Reporting of labor disputes.

(a) In cases of extreme urgency contracting officers shall make initial and supplemental reports of labor disputes by telephone or other informal means to the Labor Adviser. Information informally submitted shall be confirmed by DD Form 1507 as soon thereafter as possible.

(b) In situations where possible serious impact may ensure, direct communication is authorized between

purchasing office, procuring activity representatives, and the Labor Adviser. [37 FR 25927, Dec. 6, 1972]

§ 602.101-4 Impact of labor disputes on defense programs.

In addition to the information required by 12.101-4(b) of this title, the head of procuring activity shall include in his findings the following

(a) The overall production schedule of each critical item by week or month, as appropriate;

(b) The effect on end-item production schedules of a work stoppage lasting 15, 30, 60, and 90 days;

(c) A statement as to whether the production of each item concerned was on schedule prior to the work stoppage;

(d) The feasibility and leadtime required to bring alternate sources into production; and

(e) Any other pertinent information which will assist in clearly presenting the impact on production of other military items, stock position of items involved, effect on military operations, and consumption rates for items affected where appropriate.

§ 602.101-5 Movement and removal of items from facilities affected by work stoppage.

(a) Prior to taking actions pursuant to 12.101-5(b) of this title to effect a removal from plants on strike, the Contracting Officer shall submit a request for removal to the Labor Advisor. The Labor Advisor shall solicit an appraisal from the national office of the Federal Mediation and Conciliation Service as to how such action would affect negotiations. The ultimate decision concerning removal shall be made by the Assistant Secretary of the Army (Installations and Logistics).

(b) Requests for removal shall be transmitted by rapid means and direct communication with the Labor Advisor is authorized. Requests for removal shall contain the following

(1) The end item involved;

(2) A statement as to the importance of the project concerned;

(3) The location of items or material to be removed;

(4) The number of items or amount of material to be removed;

(5) An estimate of the length of time necessary to complete the removal;

(6) The purchase order or contract number; and

(7) The address of the company or agency to which the removed items are to be delivered.

§ 602.101-50 Representatives of labor organizations entering Department of the Army installations and activities. (a) Whenever representatives of labor organizations request permission to enter military installations or activities of the Department of the Army on which private contractors are engaged in contract work for the purpose of conducting union business during working hours in connection with the contract between the Government and the Contractor on which union members are employees, the installation/activity commander may admit such representatives provided that

(1) The presence and activities of the labor representatives will not interfere with the progress of the contract work involved; and

(2) The entry of the labor representatives to the installation or activity will not violate pertinent safety or security regulations.

(b) Labor representatives are not authorized to engage in organizing activitles, collective bargaining discussions, or other matters not directly connected with the Government contract on military installations or activities. The installation/activity commander may, however, authorize labor representatives to enter upon the installation or activity for the purpose of distributing organizational literature and authorization cards to private Contractors' employees provided such distribution does not

(1) Occur in working areas or during working times of employees concerned; (2) Interfere with contract performance;

(3) Interfere with the efficient operation of the installation or activity; or (4) Violate pertinent safety or security regulations.

(c) The determination as to who is an appropriate labor representative shall be made by the installation/activity commander after consultation with his Labor Advisor or Judge Advocate. Nothing in this section, however, shall be construed

to prohibit Contractors' employees from distributing organizational literature or authorization cards on installation/activity property where such distribution does not violate the conditions in paragraph (b) of this section.

(d) Business offices or desk space for labor organizations for solicitation of membership among Contractors' employees, collection of dues, or other business of the labor organization not directly connected with the contract work shall not be permitted on the installation or activity except for the routine functions of the working steward whose union duties are incidental to his assigned job. (e) If an installation/activity commander denies entry to a labor representative for any reason, he shall immediately notify the Labor Advisor (see § 602.050) giving reasons for denial, including the names and addresses of representatives denied entry and the union affiliation of the representatives if

known.

(f) The above provisions concerning organization of private Contractors' employees shall be distinguished from those involving organization of Federal civilian employees. For the functions, duties, and obligations of an installation/activity commander regarding Federal civilian employee unions, see Civilian Personnel Regulation (CPR) 711.

§ 602.101-51 Affect of work stoppage on award of new contract.

Prior to award of a new contract, or increasing quantities under an existing contract, to a contractor whose plant is either on strike or is confronted with an imminent strike, the contracting officer or, when appropriate, the DCAS regional representative, shall solicit an apprisal from the regional Federal Mediation and Conciliation Service office as to how such action would affect negotiations. In the event the Federal Mediation and Conciliation Service is not participating in the negotiations, guidance shall be sought from the Labor Advisor. In support of the policy of freedom of negotiations and impartiality, personnel shall avoid a course of action which would either disturb that freedom or be construed as giving support or assistance to either party to the labor dispute. § 602.102

Overtime.

§ 602.102-4

Subpart B-[Reserved]

Subpart C-[Reserved]

Subpart D-[Reserved]

Approval of overtime premiums in certain cost-reimbursement type contracts.

The following individuals are designated, without power of redesignation, to grant approvals described in § 12.102-4 of this title

(a) Each head of procuring activity, his deputy, and principal assistant responsible for procurement;

(b) Each project manager;

(c) The Chief of Research and Development;

(d) The Director of Research and Development, U.S. Army Materiel Command;

(e) The Director of Army Research and Chief, Research Support Division, Office of the Director of Army Research; and

(f) Such others as may be specifically designated from time to time by the Deputy for Materiel Acquisition, Office of the Assistant Secretary of the Army (Installations and Logistics).

[34 F.R. 9526, June 18, 1969, as amended at 87 FR 7088, Apr. 8, 1972]

§ 602.103 Federal and State labor re

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are

(a) Sections 602.103-602.103-2 applicable to all Government contractors within the United States and its possessions, including contractors operating Government-owned facilities irrespective of whether such facilities are located on private or Government property. (b) The term "State" as used in §§ 602.103-602.103-2 includes the District of Columbia and all political subdivisions of the 50 States.

§ 602.103-2 Applications for relaxation of requirements.

A head of procuring activity may, consistent with limitations of security, furnish information to the appropriate State official, upon request, as to the fact that an application for relaxation of State labor standards filed with him relates to the execution of a contract with such agency in pursuance of a military procurement program. Such information shall not extend to support the application unless proper authorization under § 12.103-2(b) of this title has been obtained.

Subpart E-[Reserved] Subpart F-Walsh-Healey Public Contracts Act

§ 602.604 Responsibilities of contracting officers.

Requests for determinations by the Department of Labor pursuant to § 12.604(a) of this title shall be forwarded through the cognizant head of procuring activity to the addressee in § 602.050. A determination by the Department of Labor that a bidder or offeror is a “manufacturer" or a "regular dealer" is conclusive. Such determination does not, however, relieve the contracting officer of his duty of determining a bidder's or offeror's responsibility pursuant to § 1.904 of this title.

§ 602.606 Procedure for obtaining exemptions with respect to stipulations required by the act.

(a) Contracting officers shall insure that an application from a contractor for an exception under section 6 of the act clearly states

(1) The nature of the exception requested;

(2) The need for the exception; and (3) Any action taken by the contrastor to avoid the necessity for the exception.

(b) Contracting officers shall review, each application as to—

(1) The urgency of the particular precurement;

(2) The relation of existing production schedules to Department of the Army requirements;

(3) The relation of present and past deliveries to production schedules;

(4) The extent to which labor supply is a limiting factor in production and the reasons therefor;

(5) The steps, if any, taken either by the contractor or by any Government agency to resolve the labor supply problem;

(6) The extent to which factors inherent in the production processes involved necessitate the requested exception; and

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In the event of any legal action based upon the Act under a cost-reimbursement contract, which may result in claims for increased allowable costs against the Government, the contracting officer shall

(a) Immediately require the Contractor to furnish him with a copy of all papers pertinent thereto; and

(b) Make an immediate report of the legal action direct to the addressee in § 591.150 (b) (2) of this chapter (also see AR 27-45). § 602.750 Regulations of the Administrator of the Employment Standards Administration in the Department of Labor.

The Act provides that the Administrator in the Department of Labor shall by regulation define certain terms used in the Act and may grant certain exemptions from its provisions. These regulations should be consulted in these respects; however, no action should be taken without first obtaining legal counsel.

[34 FR 9526, June 18, 1969, as amended at 87 FR 25927, Dec. 6, 1972]

Subpart H-Equal Employment

§ 602.804

1

Opportunity 1

Equal opportunity clauses.

When the Equal Opportunity clause set forth in § 12.804 (a) of this title is included in any contract requiring performance overseas where the contractor employs United States, third country, and local nationals, the following preamble to the clause is authorized for inclusion therein

(The following clause is not applicable if this contract is exempt under ASPR 12-805. Exemptions include contracts and subcontracts not exceeding $10,000, and work under contracts and subcontracts which is to be performed outside the United States by employees who were not recruited within the United States.)

[36 F.R. 20684, Oct. 28, 1971]

§ 602.805 Exemptions.

Requests for exemption from the Equal Opportunity clause made pursuant to § 12.805 (d) (2) and (e) (4) of this title shall be forwarded, together with detailed justification therefor, through the cognizant head of procuring activity, to the addressee in § 591.150(b)(6) of this chapter (see § 591.150 (d)). Each intervening level of authority through which the request for exemption is forwarded shall add its recommendation in the matter.

[36 F.R. 8948, May 15, 1971]

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