FAR Part 22 Deck 1 Flashcards
(129 cards)
1
Q
What is the scope of Part 22?
A
Deals with general policies regarding contractor labor relations, prescribes contracting policy and procedures for implementing labor laws, and prescribes contract clauses for pertinent labor laws.
2
Q
Who is referred to as the Administrator in this part?
A
Administrator, Wage and Hour Division, U.S. Department of Labor, Washington, DC 20210 or an authorized representative.
3
Q
What does ‘agency labor advisor’ mean?
A
An individual responsible for advising contracting agency officials on Federal contract labor matters.
4
Q
What is meant by ‘e98’?
A
The Department of Labor’s approved electronic application for submitting wage determinations.
5
Q
Define ‘service contract’.
A
Any Government contract to furnish services in the U.S. through service employees, except as exempted by 41 U.S.C. chapter 67.
6
Q
Who qualifies as a ‘service employee’?
A
Any person engaged in the performance of a service contract, excluding those in bona fide executive, administrative, or professional capacities.
7
Q
What does ‘Wage Determinations at SAM.gov’ refer to?
A
The Government internet website for wage determinations under the Construction Wage Rate Requirements and Service Contract Labor Standards statutes.
8
Q
What is the general policy regarding labor relations in agencies?
A
Agencies shall maintain sound relations with industry and labor to ensure prompt receipt of information and to avoid delays in obtaining supplies and services.
9
Q
What should agencies avoid in disputes between labor and contractor management?
A
Agencies shall remain impartial and not undertake conciliation, mediation, or arbitration of a labor dispute.
10
Q
List some actions agencies should take regarding labor relations problems.
A
- Notify the responsible agency for conciliation, mediation, or arbitration of any labor dispute
- Furnish factual information about the dispute’s impact
- Seek voluntary agreements between management and labor
11
Q
What are the acceptable bases for allowing costs in cost-reimbursement contracts?
A
Contractor labor policies and compensation practices that do not result in unreasonable costs to the Government.
12
Q
What must contracting officers impress upon contractors regarding delays?
A
Contractors shall be held accountable for reasonably avoidable delays.
13
Q
What is the normal workweek definition according to 22.103-1?
A
Generally, a workweek of 40 hours.
14
Q
What is the policy regarding overtime for contractors?
A
Contractors shall perform contracts without using overtime except when necessary to meet urgent program needs or lower overall costs.
15
Q
What should contracting officers ascertain during negotiations?
A
- The extent that offers are based on payment of overtime and shift premiums
- Negotiate contract prices without these premiums
16
Q
What is required before approving the use of overtime?
A
A written determination that overtime is necessary to meet essential schedules, make up for delays, or eliminate bottlenecks.
17
Q
What clause must be inserted in contracts involving labor disputes?
A
The clause at 52.222-1, Notice to the Government of Labor Disputes.
18
Q
What does Executive Order 11755 state about prison inmates?
A
The development of occupational and educational skills of prison inmates is essential for their rehabilitation and effective return to society.
19
Q
What is the purpose of Executive Order 11755?
A
The development of the occupational and educational skills of prison inmates is essential to their rehabilitation and to their ability to make an effective return to free society.
20
Q
What must be avoided to prevent unfair competition in the context of convict labor?
A
Exploitation of convict labor and unfair competition between convict labor and free labor.
21
Q
Who can be employed under contracts involving convict labor?
A
- Persons on parole or probation
- Persons who have been pardoned or who have served their terms
- Federal prisoners
- Nonfederal prisoners authorized to work at paid employment
22
Q
What conditions must be met for employing nonfederal prisoners?
A
The worker must be paid or in an approved work training program on a voluntary basis, and several additional conditions regarding displacement of workers and pay rates must be met.
23
Q
What is the maximum workweek hours for laborers or mechanics according to the statute?
A
No laborer or mechanic shall be required or permitted to work more than 40 hours in any workweek unless paid for all such overtime hours at not less than 1 1/2 times the basic rate of pay.
24
Q
What happens if there are underpayments in overtime computations?
A
The responsible contractor or subcontractor must pay the affected employee any unpaid wages and pay liquidated damages to the Government.
25
What is the role of the Secretary of Labor in relation to variations and exemptions?
The Secretary of Labor may provide reasonable limitations and allow variations, tolerances, and exemptions from any or all provisions of the statute.
26
What is defined as 'public building or public work'?
Building or work, the construction, prosecution, completion, or repair of which is carried on directly by authority of, or with funds of, a Federal agency to serve the interest of the general public.
27
What does the term 'site of the work' include?
* The primary site of the work
* The secondary site of the work
* Fabrication plants, mobile factories, batch plants, borrow pits, job headquarters, tool yards
28
What is the definition of 'laborers or mechanics' as per the subpart?
Workers whose duties are manual or physical in nature, including apprentices, trainees, helpers, and working foremen.
29
What is the definition of 'trainee'?
A person registered and receiving on-the-job training in a construction occupation under a program approved by the U.S. Department of Labor.
30
What constitutes 'wages' in the context of labor standards?
The basic hourly rate of pay, contributions to fringe benefit funds, and costs for providing bona fide fringe benefits.
31
Fill in the blank: The statute requires that no laborer or mechanic shall work more than 40 hours in any workweek unless paid for all such overtime hours at not less than _______.
1 1/2 times the basic rate of pay
32
True or False: The requirements of the labor standards subpart apply to all contracts regardless of the amount.
False
33
What types of work are included under the definition of 'construction, alteration, or repair'?
* Altering
* Remodeling
* Installation on-site
* Painting and decorating
* Manufacturing or furnishing materials
34
What is the threshold amount for contracts to which labor standards requirements apply?
Contracts in excess of $2,000
35
What does subpart 37.3 pertain to?
It pertains to contracts anticipated by another contract.
36
What types of construction activities are included under the requirements of this subpart?
* Manufacture or fabrication of construction materials on-site by contractors or subcontractors
* Painting of public buildings or public works
37
Which activities are exempt from the requirements of this subpart?
* Manufacturing of components or materials off-site
* Contracts closely related to research and development
* Employees of railroads under collective bargaining agreements
* Employees working at permanent home offices or fabrication shops not located at the work site
38
What is the Construction Wage Rate Requirements statute formerly known as?
Davis-Bacon Act
39
What is the monetary threshold for contracts under the Construction Wage Rate Requirements statute?
Contracts in excess of $2,000
40
What does the Copeland Act prohibit?
It prohibits inducing employees to give up any part of their compensation under a contract of employment.
41
What is required by the Copeland Act regarding wage compliance?
Contractors must furnish weekly a statement of compliance regarding wages paid.
42
What does the Contract Work Hours and Safety Standards statute require?
Laborers or mechanics cannot work more than 40 hours in a workweek without being paid at least 1.5 times the basic rate for additional hours.
43
What minimum wage was established by Executive Order 13658?
$10.10 per hour
44
What is the minimum wage rate established by Executive Order 14026?
$15.00 per hour
45
What does Executive Order 13706 establish for federal contractors?
Paid sick leave for employees
46
What types of construction are wage determinations issued for?
* Building
* Heavy
* Highway
* Residential
47
What is a general wage determination?
It contains prevailing wage rates for types of construction designated and remains valid until modified or canceled.
48
How long is a project wage determination effective?
180 calendar days from the date of the determination.
49
What must contracting officers do with wage determinations?
Incorporate only the appropriate wage determinations in solicitations and contracts.
50
What is the definition of building construction?
Construction of sheltered enclosures with walk-in access for housing persons, machinery, or supplies.
51
What is residential construction typically defined as?
Construction, alteration, or repair of single-family houses or apartment buildings of no more than four stories.
52
What is highway construction generally concerned with?
Construction, alteration, or repair of roads, streets, highways, runways, and similar projects.
53
What does heavy construction include?
Projects not classified as building, residential, or highway construction, often of a catch-all nature.
54
What is required when the nature of a project is unclear?
Consult guidance from the Administrator, Wage and Hour Division.
55
What must an agency submit when requesting a project wage determination?
* Location of the project
* Name and description of the project
* Wage payment information
* Estimated cost of the project
* Classifications of laborers likely to be employed
56
How long should agencies expect the processing of project wage determination requests to take?
At least 30 days
57
What is the minimum time an agency should expect for processing requests for project wage determinations?
At least 30 days
58
How many days in advance should agencies submit requests for project wage determinations for the primary site of work?
At least 45 days (60 days if possible)
59
What should agencies do upon receiving a project wage determination?
Examine the wage determination and inform the Department of Labor of any necessary changes
60
What must be included in a solicitation issued before obtaining a wage determination for the primary site?
A notice stating that the schedule of minimum wage rates will be issued as an amendment
61
In sealed bidding, when may bids be opened in relation to the wage determination?
Bids may not be opened until a reasonable time after the wage determination has been furnished
62
True or False: In negotiated acquisitions, the contracting officer may open proposals before obtaining the wage determination.
True
63
What must the contracting officer do if a project wage determination expires before bid opening?
Request a new determination early enough to ensure its receipt before bid opening
64
What happens if a project wage determination expires after bid opening but before award?
The contracting officer shall request an extension of the expiration date
65
What is required if the new determination changes any wage rates?
The contracting officer may cancel the solicitation only in accordance with 14.404-1
66
What should the contracting officer do if the new determination does not change any wage rates?
Award the contract and modify it to include the new determination
67
What is the effective date for modifications of wage determinations?
All modifications expire on the same day as the original determination
68
When contracting by sealed bidding, when is a written action modifying a wage determination effective?
If received or published 10 or more calendar days before bid opening
69
What should the contracting officer do if an effective modification is received after bid opening but before award?
Follow the procedures in 22.404-5(b)(2)(i) or (ii)
70
What should be done upon discovering that a contract was awarded without the required wage determination?
Initiate action to incorporate the required determination immediately
71
What must be kept posted at the site of the work?
A copy of the applicable wage determination and approved additional classifications
72
Who decides appeals of final decisions regarding wage determinations?
The Secretary of Labor's Administrative Review Board
73
What should the contractor do regarding the posting of wage determinations?
Keep it posted in a prominent place where workers can easily see it
74
Fill in the blank: The contracting officer must furnish to the contractor, Department of Labor Form _______.
WH-1321
75
What does the Department of Labor do in response to clerical errors in wage determinations?
May correct any wage determination found to contain clerical errors
76
When must the contracting officer follow the procedures for notification of improper wage determination?
If received by the contracting officer prior to award
77
What is the consequence of awarding a contract without the required wage determination?
Contracting officer must modify the contract retroactively or terminate it
78
What must the contracting officer do if a new wage determination is required after bid opening?
Postpone the bid opening date to obtain the appropriate determination
79
True or False: The contracting officer can award a contract without the required wage determination if it is not available.
False
80
What is the purpose of the Administrative Review Board established by the Secretary of Labor?
To decide appeals of final decisions made by the Department of Labor concerning Construction Wage Rate Requirements statute wage determinations
81
Under what conditions can a contracting agency file a petition for review?
If reconsideration by the Administrator has been sought and denied pursuant to 29 CFR 1.8
82
What must a contracting officer do when exercising an option to extend the term of a construction contract?
Modify the contract to incorporate the most current wage determination
83
In contracts with indefinite-delivery or indefinite-quantity construction requirements, what must be incorporated into task orders during the option period?
The wage determination incorporated into the contract at the exercise of the option
84
What clause must be included in fixed-price contracts regarding labor cost adjustments?
A clause specifying a method for providing an allowance for increases or decreases in labor costs due to current wage determination
85
True or False: The contracting officer can adjust the contract price for each option period after incorporating a new wage determination.
False
86
What is one method the contracting officer can use to provide for contract price adjustments?
Offerors can bid or propose separate prices for each option period
87
What is an example of a contract pricing method that may be specified?
Incorporation of pricing data from an annually published unit pricing book multiplied by a contractor-proposed factor
88
What percentage should the contracting officer insert as the estimated portion of the contract price that is labor?
50 percent, unless a different percentage is determined to be more appropriate
89
What must the contractor include when computing wages paid to a laborer or mechanic?
Amounts paid in cash, contributions to bona fide fringe benefit plans, and other approved contributions or anticipated costs
90
How can a contractor satisfy wage obligations under the Construction Wage Rate Requirements?
By providing a combination of contributions or costs that total at least the basic hourly rate and fringe benefits payments prescribed in the wage determination
91
What must the contracting officer review if a laborer is employed in a classification not listed in the wage determination?
Standard Form (SF) 1444, Request for Authorization of Additional Classification and Rate
92
What criteria must be met for an additional classification and wage rate to be approved?
["* The classification is appropriate and not listed in the wage determination", "* The classification is utilized in the area by the construction industry", "* The proposed wage rate bears a reasonable relationship to wage rates in the wage determination"]
93
What must happen if the contracting officer does not agree with the proposed additional classification?
Submit a report to the Administrator, Wage and Hour Division, including the views of all interested parties
94
What is the timeframe for the Administrator, Wage and Hour Division, to complete action on a report regarding additional classifications?
Within 30 days of receipt of the report
95
What is the requirement for contractors regarding apprentices and trainees?
The contracting officer must review the contractor's employment and payment records to ensure compliance
96
What form must contractors and subcontractors submit upon the award of each subcontract?
SF 1413, Statement and Acknowledgment
97
Within how many days must the contractor submit weekly payrolls and statements of compliance?
7 calendar days after the regular payment date
98
What actions can the contracting officer take if the contractor fails to submit payrolls promptly?
Withhold approval of an amount from any payment due to the contractor
99
What should the contracting officer examine when reviewing payrolls?
["* Correctness of classifications and rates", "* Fringe benefits payments", "* Hours worked", "* Deductions", "* Disproportionate employment ratios"]
100
For how long must payrolls and statements of compliance be retained by the contracting agency?
3 years after completion of the contract
101
What must be protected from public disclosure according to the guidelines?
Contractor payroll records in the Government's possession
102
What is the purpose of regular compliance checks by the contracting officer?
To ensure compliance with labor standards requirements of the contract
103
What activities are included in regular compliance checking?
["* Employee interviews", "* On-site inspections", "* Payroll reviews", "* Comparison of information with available data"]
104
What situations might require special compliance checks?
Inconsistencies, errors, or omissions detected during regular compliance checks
105
What is the primary purpose of payroll reviews according to the document?
To ensure that payrolls of prime contractors and subcontractors have been submitted on time and are complete and in compliance with contract requirements.
106
What should be compared during compliance checks?
The information in this paragraph with available data, including daily inspector’s report and daily logs of construction.
107
What situations may require special compliance checks?
* Inconsistencies detected during regular compliance checks
* Receipt of a complaint alleging violations
108
Who can conduct labor standards investigations?
The Department of Labor or a contracting agency when warranted.
109
What are the responsibilities of the contracting agency during an investigation?
Conduct an investigation when compliance checks indicate substantial or willful violations.
110
What must an investigation include?
* All aspects of the contractor’s compliance with contract labor standards requirements
* Not limited to specific areas raised in a complaint
* Personnel familiar with labor laws
111
True or False: The identity of contractor employees' statements taken during an investigation can be disclosed without consent.
False
112
What must the contracting officer do after receiving an investigation report?
Review the investigation report and make preliminary findings.
113
What rights does a contractor have after receiving preliminary findings?
Request the basis for the findings and submit written rebuttal information.
114
What happens if a contractor does not submit a timely rebuttal?
The contracting officer must consider the preliminary findings final.
115
What must the contracting officer do if violations are confirmed?
Request the contractor to make restitution for underpaid wages and assess liquidated damages.
116
What is the purpose of the contracting officer’s report?
To report any violations, including findings and supporting evidence, to the agency head.
117
What conditions require a detailed enforcement report to be sent to the Administrator, Wage and Hour Division?
* A contractor or subcontractor underpaid by $1,000 or more
* Belief that violations are aggravated or willful
* No restitution made
* Future compliance not assured
118
What must be included in the semiannual enforcement reports submitted by contracting agencies?
Information on compliance with and enforcement of construction labor standards requirements.
119
What clauses must be inserted in solicitations and contracts over $2,000 for construction?
* 52.222-6, Construction Wage Rate Requirements
* 52.222-7, Withholding of Funds
* 52.222-8, Payrolls and Basic Records
* 52.222-9, Apprentices and Trainees
* 52.222-10, Compliance with Copeland Act Requirements
* 52.222-11, Subcontracts (Labor Standards)
* 52.222-12, Contract Termination-Debarment
* 52.222-13, Compliance with Construction Wage Rate Requirements and Related Regulations
* 52.222-14, Disputes Concerning Labor Standards
* 52.222-15, Certification of Eligibility
120
Fill in the blank: If a contractor or subcontractor fails to comply with labor standards clauses, the agency must _______.
[suspend any further payment, advance, or guarantee of funds]
121
What must the contracting agency do in case of contract or subcontract termination for labor standards violations?
Submit a report to the Administrator, Wage and Hour Division.
122
What should the contracting agency do when a Department of Labor representative conducts an investigation?
Inquire into the scope of the investigation and request notification of any discovered violations.
123
What is the purpose of withholding funds from contract payments?
To cover estimated wage underpayment and estimated liquidated damages due.
124
What are the areas of possible differences of opinion between contracting officers and contractors?
* Misclassification of workers
* Hours of work
* Wage rates and payment
* Payment of overtime
* Withholding practices
* Applicability of labor standards requirements
125
What is a fixed-price contract subject to the Construction Wage Rate Requirements statute?
A contract that may include option provisions for extending its term and uses a price adjustment method as per 22.404-12(c)(1) or (2)
## Footnote
This type of contract is designed for construction projects and ensures compliance with wage rate requirements.
126
What characterizes a cost-reimbursable type contract under the Construction Wage Rate Requirements statute?
It contains option provisions for extending the term of the contract
## Footnote
This contract type allows for reimbursement of allowable costs incurred during the project.
127
What clause should be inserted for fixed-price contracts with option provisions and expected price adjustment using the percentage method?
Clause at 52.222-31, Construction Wage Rate Requirements-Price Adjustment (Percentage Method)
## Footnote
This clause is applicable if the contracting officer determines the percentage method is appropriate.
128
What clause is to be inserted for fixed-price contracts with option provisions and expected price adjustment using the actual method?
Clause at 52.222-32, Construction Wage Rate Requirements-Price Adjustment (Actual Method)
## Footnote
This clause applies if the contracting officer decides the actual method is the most suitable for price adjustment.
129
What provision must be inserted in solicitations for construction projects over $2,000?
Provision at 52.222-5, Construction Wage Rate Requirements-Secondary Site of the Work
## Footnote
This requirement ensures compliance with wage rate standards for projects in the United States.
