AUTHORITY: 5 U.S.C. 22, 40 U.S.C. 486(c), unless otherwise noted.

SOURCE: 29 FR 14329, Oct. 16, 1964, unless otherwise noted.

Subpart 4-12.1-Basic Labor Policies

§ 4-12.102 Overtime, extra-pay shifts, and multi-shift work.

§ 4-12.102-4 Approvals.

Heads of procuring activities may approve overtime premiums and shift premiums at Government expense, in accordance with § 1-12.102-4.

§ 4-12.150 Unauthorized contract provisions.

Labor standards provisions going beyond the requirements of the Federal Procurement Regulations may not be incorporated in Government contracts.

[42 FR 20465, Apr. 20, 1977]

§ 4-12.151 Authority.

Reorganization Plan No. 14 of 1950 provides that to assure coordination of administration and consistency of enforcement of labor standards provisions of various designated acts by the Federal agencies responsible for the administration thereof, the Secretary of Labor shall prescribe appropriate standards, regulations, and procedures which shall be observed by these agencies. Pursuant thereto, the Secretary of Labor has issued regulations which are stated in 29 CFR Parts 3 and 5. (See 84-52.502.) The recommended policies and procedures of Subpart 112.1 shall be followed in giving effect to the regulations of the Secretary of Labor.

Transportation in interstate commerce of goods produced in whole or in part by convict labor is, with certain exceptions for specific application, prohibited by law. (18 U.S.C. 1761) One of the exceptions is a proviso to the effect that it shall not apply to commodities manufactured in Federal or District of Columbia penal and correctional institutions for use by the Federal Government. Also, the Solicitor of this Department in an opinion addressed to the Director of Finance, under date of September 23, 1943 (No. 4820) held that, on the basis of opinions rendered by the Attorney General of the United States on May 6, 1942, and June 20, 1942, the above-mentioned law does not prevent the interstate movement of goods produced by other than Federal penal or correctional institutions and that have been purchased by the Federal Government.

[29 FR 14329, Oct. 16, 1964, as amended at 42 FR 20465, Apr. 20, 1977]

Subpart 4-12.3-Contract Work Hours and Safety Standards Act (Other than Construction Contracts)

§ 4-12.303 Contract clause.

The contract clause set forth in § 112.303 shall be physically included in applicable contracts. Incorporation by reference is not in compliance with the Act. This clause is included in General Provisions forms SF-32 (Supply Contract) and AD-377 (Service Contract).

[42 FR 20465, Apr. 20, 1977]

§ 4-12.304 Variations and tolerances.

The applicability of the Contract Work Hours and Safety Standards Act is specified in Sections 102 and 103 thereof and in the regulations of the Secretary of Labor 29 CFR 5.12a, issued pursuant to the Act. Upon his own initiative or upon the request of any Federal agency, the Secretary of Labor may provide reasonable limitations and allow variations, tolerances, and exemptions to and from any or all provisions of the Act as he may find necessary and proper in the public interest to prevent injustice or undue hardship or to avoid serious impairment of the conduct of Government business. Any such requests shall be made through the Director, Office of Operations.

[29 FR 14329, Oct. 16, 1964, as amended at 42 FR 20465, Apr. 20, 1977]

§ 4-12.350 Deductions from contract pay. ments for violations.

The contracting officer shall be responsible for determining the amount of unpaid wages and liquidated damages due under the provisions of the Act. He shall also take such other actions as required by the Act and the regulations of the Secretary of Labor pursuant thereto, in connection with any violation, including making appropriate adjustments in such liquidated damages or relieving the contractor or subcontractor of liability for liquidated damages where the amount of damages is $100 or less. Any recommendations to the Secretary of Labor shall be made through the Director, Office of Operations.

[42 FR 20465, Apr. 20, 1977]

Subpart 4-12.6-Walsh-Healey Public Contracts Act

§ 4-12.602 Applicability.

§ 4-12.602-3 Department of Labor regulations and interpretations.

Copies of "Walsh-Healey Public Contracts Act, Rulings and Interpretations," may be obtained free from the Wage and Hour Division, Department of Labor, Washington, D.C. 20210.

[29 FR 14329, Oct. 16, 1964, as amended at 42 FR 20465, Apr. 20, 1977]

§ 4-12.604 Responsibility of Contracting Officers.

Submission of protests to the Department of Labor for final determination as to whether or not a bidder is a manufacturer or regular dealer, and reports of Walsh-Healey Act violations shall be made through the Office of Operations. The poster "Notice to Employees Working on Government Contracts-Service Contract Act or Public Contracts Act" (WH Publication 1313), and "Minimum Wage Determinations Under the Walsh-Healey Public Contracts Act" (WH Publication 1232), should be obtained directly from the Department of Labor at the address in § 4-12.602-3. Report of award on Standard Form 99 shall be submitted directly to that office. If award is based on location of the contractor in a labor surplus area, pursuant to Subpart 11.8 or § 1-2.407-6, the SF-99 shall be stamped "Preference Award" in the upper right corner.

[42 FR 20465, Apr. 20, 1977]

§ 4-12.605 Contract clause.

Standard Form 32, General Conditions (Supply Contract) incorporates the required clause in § 1.12-605.

§ 4-12.650 Requests for exceptions or exemptions.

If it is determined that application of all or any part of the stipulations in a contract would seriously impair the conduct of Government business, a complete statement of the facts should be submitted to the Director, Office of Operations. That Office will, if the facts justify, take the necessary steps to secure relief.

[29 FR 14329, Oct. 16, 1964, as amended at 42 FR 20465, Apr. 20, 1977]

Subpart 4-12.8-Equal Opportunity in Employment

SOURCE: 35 FR 12339, Aug. 1, 1970, unless otherwise noted.

§ 4-12.800 Scope of subpart.

This subpart implements Executive Order 11246 as amended by Executive

Order 11375; the rules and regulations of the Secretary of Labor (41 CFR Part 60-1), and the Federal Procurement Regulations (41 CFR Part 1-12). The aforesaid govern equal employment opportunity requirements for Government contracts, subcontracts, and for federally assisted construction contracts.

§ 4-12.802 Definitions.

As used in this subpart, the following terms have the meanings stated. (a) "Administering Agency" means the Department of Agriculture.

(b) "Applicant" means any person applying to participate in a program involving a grant or loan administered by a contracting agency which involves a construction contract; e.g., REA loans, FHA improvement loans.

(c) "Compliance Agency" means the Department of Agriculture.

(d) "Contracting Agency" means the organizational unit of the Department of Agriculture responsible for the award of Government contracts, or for the Federal assistance funds made available for construction purposes.

(e) "Federally assisted construction contract" is defined in 1-12.802(k) and includes REA borrowers.

(f) “Department Contract Compliance Officer" (DCCO) means the member of the Secretary of Agriculture's staff who has been designated as the Department Contract Compliance Officer.

(g) "Federally involved" includes Federal or federally assisted projects.

(h) "Critical trades" means those trades that have been identified as being underutilized and are listed in the plan.

[35 FR 12339, Aug. 1, 1970, as amended at 36 FR 21815, Nov. 16, 1971]

§ 4-12.803-1 Government contracts.

(a) The Contracting Officer shall be responsible for inclusion of the Equal Opportunity clause prescribed in § 112.803-2 in all nonexempt contracts (including modifications thereof), except where incorporated by reference in accordance with § 4-12.803-7.

(b) Form AD-369, Equal Opportunity, has been promulgated for use to incorporate the clause where standard or other preprinted contract forms

90-133 - 78 - 25

which do not include the clause are used. This form is available from Central Supply Service, Service Operations Division, Office of Plant and Operations.

§ 4-12.803-2 Equal Opportunity clause.

The requirements of paragraph (c) of the Equal Opportunity clause shall be satisfied whenever the prime contractor or subcontractor posts copies of the notification prescribed by or pursuant to subsection (a) in conspicuous places available to employees, applicants for employment and representatives of each labor union or other organization representing his employees with which he has a collective bargaining agreement or other contract or understanding. (Department of Labor Regulation 41 CFR 60-1.42(b).)

§ 4-12.803-3 Federally assisted construction contracts.

The Contracting Agency shall require the inclusion of the Equal Opportunity (Applicant) clause prescribed in § 1-12.803-4 as a condition of any grant, contract, loan, insurance, or guarantee involving federally assisted construction which is not exempt from the requirements of the clause.

§ 4-12.803-4 Equal Opportunity (Applicant) clause.

The requirements of paragraph (c) of the Equal Opportunity clause shall be satisfied whenever the prime contractor or subcontractor posts copies of the notification prescribed by or pursuant to subsection (a) in conspicuous places available to employees, applicants for employment and representatives of each labor union or other organization representing his employees with which he has a collective bargaining agreement or other contract or understanding. (Department of Labor Regulation 41 CFR 60-1.42(b).)

§ 4-12.803-7 Incorporation by reference. The Equal Opportunity clause may be incorporated in federally assisted construction contracts and subcontracts where the amount is less than $50,000, and as otherwise provided in § 1-12.803-7, by inclusion therein of the following statement:

The nondiscrimination clauses contained in section 202, Executive Order 11246, as amended by Executive Order 11375, relating to equal employment opportunity for all persons without regard to race, color, religion, sex, or national origin and the implementing rules and regulations prescribed by the Secretary of Labor (41 CFR Chapter 60) are incorporated herein.

§ 4-12.803-9 Notice to bidders regarding preaward equal opportunity compliance reviews.

The Contracting Officer shall be responsible for inclusion of the Preaward Equal Opportunity Compliance Reviews clause prescribed in § 112.803-9 of this title in the invitation for bids or request for proposals for each nonconstruction contract which may result in an award of $1 million or

more.

[36 FR 22677, Nov. 27, 1971]

§ 4-12.803-10 Elimination of segregated facilities.

(a) Form AD-559, Notice of Requirement for Certification of Nonsegregated Facilities, is prescribed for use as the notice to bidders required by § 12.201(a)(29).

(b) Form AD-560, Certification of Nonsegregated Facilities, is prescribed for use as the certification required by § 1-12.803-10.

(c) Both forms are available from Central Supply Section, Service Operations Division, Office of Plant and Operations.

§ 4-12.803-50 Applicability to multiplant firms.

All of the facilities of a contractor or a subcontractor are subject to the orders and to the rules and regulation of the Secretary whether or not they are performing work on the contract. § 4-12.804-1 General.

(a-e) [Reserved]

(f) The Equal Opportunity clause prescribed by Executive Order 11246, amended by Executive Order 11375, as set forth in § 1-12.803-2, shall be included in all contracts for the sale of Government timber when the contract exceeds $10,000.

(g) Exemptions based on dollar amounts do not apply to contracts

with financial institutions. All contracts with financial institutions shall include the Equal Opportunity Clause as set forth in § 1-12.803-2 of this title. [35 FR 12339, Aug. 1, 1970, as amended at 36 FR 22678, Nov. 27, 1971]

§ 4-12.804-2 Specific contracts.

Requests for exemption from requiring the inclusion of any or all of the Equal Opportunity clause in any specific contract, or subcontract, shall be referred to the DCCO for appropriate action.

§ 4-12.805-1 Duties of the Department.

(a) The Director of the Office of Equal Opportunity for the Department has been designated Department Contract Compliance Officer pursuant to § 1-12.805-1(b) of this title. The Chief of the Contract Compliance Review Staff has been designated as Deputy Contract Compliance Officer. [36 FR 22678, Nov. 27, 1971]

§ 4-12.805-3 Notices to be posted.

(a) The notice "Equal Employment Opportunity Is the Law" may be ordered from the nearest Federal supply stores stock or requisitioned from the Central Supply Section, Service Operations Division, Office of Plant and Operations. Form AD-425, Instructions to Contractors, may be ordered from the Central Supply Section.

(b) The notice and instructions should accompany the notification of award of the contract.

(29 U.S.C. 50)

[35 FR 12339, Aug. 1, 1970, as amended at 37 FR 5604, Mar. 17, 1972]

§ 4-12.805-4 Reports and other required information.

(a) Procedures for evaluating contractor's performance under "imposed" and "hometown" plans in federally involved construction contracts. (1) Requirements for prime contractors and subcontractors-Manpower

Utilization Report:

(i) The contractor shall report to the Chief, Contract Compliance Review Staff, Office of the Secretary, U.S. Department of Agriculture, Washington, D.C. 20250, on a Manpower Utilization

Report, Optional Form 66. The contractor shall make separate reports for federally involved and non-Federal construction projects.

(a) Federally involved projects. Report all critical and noncritical trades.

(b) Non-Federal projects. Report only critical trades in area covered by the plan for those projects bid subsequent to award of the federally involved contract.

(ii) The compliance agency shall require these reports to be submitted by the 5th day of each month. Five days thereafter, the compliance agency will submit the assembled information to the Director, Office of Federal Contract Compliance (OFCC). If the contractor fails to submit his report on time, he will be given an additional 5day period to submit the report. Failure of the contractor to report by the end of the extended period requires the Department Contract Compliance Officer to immediately issue a 30-day show cause notice indicating that the contractor is in noncompliance for failure to submit the required information.

(iii) The contractor shall also send a duplicate copy of each Manpower Utilization Report to the nearest OFCC coordinator from the following list:

NEW YORK REGIONAL OFFICE

Contract Compliance Advisor, OFCC, U.S. Department of Labor, Nelson Tower, Room 806, 450 Seventh Avenue, New York, NY 10001.

BOSTON REGIONAL OFFICE Contract Compliance Advisor, OFCC, U.S. Department of Labor, JFK Building, Room 1712-A, Government Center, Boston, MA 02203.

PHILADELPHIA REGIONAL OFFICE

Regional Director, OFCC, U.S. Department of Labor, 1142 Western Savings Fund Building, Broad and Chestnut Streets, Philadelphia, PA 19107.

CHICAGO REGIONAL OFFICE

Regional Director, OFCC, U.S. Department of Labor, 811 Customs Building, 610 South Canal Street, Chicago, IL 60607.