GENERAL SERVICES ADMINISTRATION ACQUISITION MANUAL (GSAM)
522.001 Definition.“Agency labor advisor,” as used in this part, means the Director of the Contract Policy Division (VPC) within the Office of the Chief Acquisition Officer (OCAO). |
Written reports of contractor labor disputes shall be submitted to the agency labor advisor as soon as the circumstances surrounding a labor dispute are identified. Include in the report a description of the following: the nature of the labor dispute; location of the dispute and contracts affected; the potential or actual impact of the dispute on GSA operations or programs; and any actions taken to reduce the impact. The agency labor advisor will notify other GSA contracting offices that may be affected, and will determine further actions to be taken.
The contracting officer is the “agency approving official” under FAR 22.103-4.
(a) Contracting officer’s responsibilities.
(1) Provide instructions to the appropriate Finance Office whether to withhold funds from contract payments pending final administrative determination.
(2) Notify the Finance Office of your final decision to assess liquidated damages.
(3) After final decision, provide instructions to either immediately release to the contractor any funds in excess of the amount specified in your decision or initiate the collection of additional funds (see paragraph (c) of this section).
(4) Advise the contractor in writing of any decision to withhold funds, including the reasons for the withholding, and the amount held to satisfy the contractor’s liability for unpaid wages and liquidated damages. Coordinate all written communications with the contractor, including the notification of dispute resolution procedures under the Department of Labor’s regulations at 29 CFR Parts 4 through 8, with the Office of Regional Counsel.
(b) Procedures for the collection of liquidated damages.
(1) Initiate collection action by either:
(i) Withholding funds from payments due on the contract.
(ii) Issuing a demand for payment, if no funds were withheld or the amount withheld was less than the liquidated damages.
(2) Indicate in the demand letter the intent to offset from the contractor’s other Government contracts if payment is not made.
(3) Provide the Finance Office with a:
(i) Copy of the demand letter.
(ii) Request that it initiate collection action under 41 CFR Part 105-55, Collection of Claims Owed the United States, if payment is not made in accordance with the demand letter.
(c) Consult the GSA Delegations of Authority Manual, ADM P 5450.39C, to determine who the agency head is for purposes of FAR 22.302(c) (Chapters 13(2)(f) and 17(5)(a)).
The contracting director shall serve as the agency head for purposes of requesting extensions under FAR 22.404-6(b)(6).
(a) If a compliance check uncovers information of possible violations, the contracting officer shall consult with OGC and, if warranted, submit a request to the appropriate Office of the Inspector General Field Office under FAR 22.406-8(a).
(b) The contracting officer shall consult the GSA Delegations of Authority Manual, ADM P 5450.39C, (Chapters 13(2)(f) and 17(5)(a)), to determine who the agency head is for purposes of FAR 22.406-8(d).
Contracting officers shall follow the procedures in 522.302 in order to assess liquidated damages.
Submit the information required by FAR 22.406-10(d) to the Administrator, Wage and Hour Division, Department of Labor and submit a copy to the agency labor advisor.
When a contract or subcontract is terminated for labor standards violations, the contracting officer shall submit the report required by FAR 22.406-11 to the Administrator, Wage and Hour Division, Department of Labor and submit a copy to the agency labor advisor.
(a) PBS and FAS shall report through the Commissioners the semiannual enforcement reports required by FAR 22.406-13, in the format described in paragraph (d) of this section. The Commissioner will consolidate the regional and central office information and submit the report to the agency labor advisor, Office of the Chief Acquisition Officer. The report must identify the service submitting the report and the name, phone number, and email address of the official responsible for preparing the report.
(b) Central Office Contracting Offices outside of FAS and PBS must submit the reports directly to the agency labor advisor. Each report must identify the contracting office and the name, phone number, and e-mail address of the official responsible for preparing the report.
(c) The reports from the FAS and PBS and Central Office Contracting Offices must be submitted to the agency labor advisor within 15 calendar days after the end of the reporting periods. The ALA will consolidate the reports and submit an official agency report to the:
U.S. Department of Labor (DOL)
Wage and Hour Division
Office of Enforcement Policy
Government Contracts Team
Room S3018
200 Constitution Avenue, N.W.
Washington, DC 20210
E-Mail Address: osp@fenix2.dol-esa.gov.
(d) The official agency report shall include only the compliance or enforcement of the labor standards requirements for the time periods specified in FAR 22.406-13, and identify the responsible agency official, title, address, phone number, and email address. The report shall be submitted to DOL within 30 calendar days after the end of the reporting periods using the following instructions and format:
a) Davis-Bacon Act (prevailing wage violations). ___________________
b) Contract Work Hours and Safety Standards Act (overtime violations). _________________
a) Davis-Bacon Act (prevailing wage violations). ___________________
b) Contract Work Hours and Safety Standards Act (overtime violations). _________________
Remarks: (Enter any explanation or comment considered necessary for proper understanding of the report.)
Before notifying or furnishing information to DOL under FAR 22.608(b), coordinate with legal counsel.
The Service Contract Act of 1965, as amended, applies to local office relocation moves if transportation costs are incidental to the principal purpose of the contract. Such contracts do not meet the statutory exemption cited in FAR 22.1003-3(c).
Contracting officers shall coordinate with assigned legal counsel before submitting a request under FAR 22.1003-4(a) to the agency labor advisor.
The contracting officer may submit a question regarding the applicability of the Act to assigned legal counsel. If the question cannot be answered, the agency labor advisor will forward it to the Administrator, Wage and Hour Division.
Contracting Officers who are considering requesting a substantial variance should coordinate with assigned legal counsel and the agency labor advisor. The agency labor advisor submits any request.
Submit each waiver request to the agency labor advisor. The agency labor advisor forwards the request to the appropriate office for concurrence and approval.
After consultation with OGC, the contracting officer shall forward complaints to the cognizant Department of Labor office, with a copy to the agency labor advisor and the appropriate Office of Inspector General Field Office.
Submit each waiver request to the agency labor advisor. The agency labor advisor forwards the request to the appropriate office for concurrence and approval.
After consultation with OGC, forward complaints to the cognizant OFCCP office, with a copy to the agency labor advisor and the appropriate Office of Inspector General Field Office.
Refer matters for investigation under FAR 22.1503(e) to the appropriate Office of Inspector General Field Office.