FAR Part 22 Deck 2 Flashcards
(111 cards)
1
Q
What is the scope of Subpart 22.5?
A
Prescribes policies and procedures to implement Executive Order 14063 for Federal construction projects
Executive Order 14063 was issued on February 4, 2022.
2
Q
Define ‘construction’ as per Subpart 22.502.
A
Construction, reconstruction, rehabilitation, modernization, alteration, conversion, extension, repair, or improvement of buildings, structures, highways, or other real property.
3
Q
What is a ‘large-scale construction project’?
A
A Federal construction project within the U.S. with a total estimated cost of $35 million or more.
4
Q
What is a ‘project labor agreement’?
A
A pre-hire collective bargaining agreement that establishes terms and conditions of employment for a specific construction project.
5
Q
What does Executive Order 14063 require for large-scale construction projects?
A
Requires the use of project labor agreements to promote economy and efficiency.
6
Q
Under what conditions can agencies require project labor agreements for projects under $35 million?
A
If it promotes economy and efficiency, labor-management stability, and compliance with laws.
7
Q
List factors agencies may consider for using a project labor agreement on smaller projects.
A
- Multiple construction contractors and/or subcontractors
- Skilled labor shortage in the region
- Extended project duration
- Use on comparable projects
- Promotion of long-term program interests
- Any other appropriate factors
8
Q
True or False: Agencies may not require contractors to enter into a project labor agreement with a specific labor organization.
A
True.
9
Q
What are the general requirements for project labor agreements as stated in 22.504?
A
- Bind all contractors and subcontractors to comply
- Allow competition without regard to collective bargaining agreements
- Guarantees against strikes and disruptions
- Procedures for resolving labor disputes
- Mechanisms for labor-management cooperation
- Additional requirements as deemed necessary
10
Q
What are the exceptions to project labor agreement requirements?
A
- Project does not advance economy and efficiency
- Short duration and lack of complexity
- Involves only one craft or trade
- Specialized work available from limited contractors
- Unusual urgency makes agreement impracticable
- Market research indicates reduced competition
11
Q
What is the minimum contract amount for the statutory requirements in 22.602?
A
Exceeding $15,000.
12
Q
What types of contracts are exempt from the statutory requirements at 22.604?
A
- Items purchased ‘in the open market’
- Perishables
- Agricultural products processed for first sale
- Agricultural commodities purchased by the Secretary of Agriculture
13
Q
What must be included in contracts subject to the statute as per 22.605?
A
- Stipulations regarding minimum wages
- Maximum hours
- Child labor
- Convict labor
- Safe and sanitary working conditions
14
Q
What happens when a contract for $15,000 or less is modified to exceed that amount?
A
It becomes subject to the statute for work performed after the modification.
15
Q
What is an ‘affirmative action program’?
A
A contractor’s program that complies with Department of Labor regulations to ensure equal opportunity in employment to minorities and women.
16
Q
Define ‘compliance evaluation’ as used in this subpart.
A
Actions taken by the Office of Federal Contract Compliance Programs to examine a Federal contractor’s compliance with E.O. 11246.
17
Q
True or False: The Deputy Assistant Secretary refers to the Deputy Assistant Secretary for Federal Contract Compliance.
A
True.
18
Q
What does ‘Affirmative action program’ mean?
A
A contractor’s program that complies with Department of Labor regulations to ensure equal opportunity in employment to minorities and women.
19
Q
Define ‘Compliance evaluation’.
A
Any one or combination of actions that the Office of Federal Contract Compliance Programs (OFCCP) may take to examine a Federal contractor’s compliance with E.O. 11246.
20
Q
What is included in the term ‘Contractor’?
A
The terms ‘prime contractor’ and ‘subcontractor’.
21
Q
Who is the ‘Deputy Assistant Secretary’?
A
The Deputy Assistant Secretary for Federal Contract Compliance, U.S. Department of Labor, or a designee.
22
Q
What is the ‘Equal Opportunity clause’?
A
The clause at 52.222-26, Equal Opportunity, as prescribed in 22.810(e).
23
Q
What does ‘E.O. 11246’ refer to?
A
Parts II and IV of Executive Order 11246, September 24, 1965, and any Executive order amending or superseding this order.
24
Q
How is ‘Gender identity’ defined?
A
As given by the Department of Labor’s Office of Federal Contract Compliance Programs.
25
What is a 'Prime contractor'?
Any person who holds, or has held, a Government contract subject to E.O. 11246.
26
What does 'Recruiting and training agency' mean?
Any person who refers workers to any contractor or provides or supervises apprenticeship or training for employment by any contractor.
27
How is 'Sexual orientation' defined?
As given by the Department of Labor’s Office of Federal Contract Compliance Programs.
28
What does 'Site of construction' refer to?
The general physical location of any building, highway, or other change or improvement to real property that is undergoing construction, rehabilitation, alteration, conversion, extension, demolition, or repair.
29
Define 'Subcontract'.
Any agreement or arrangement between a contractor and any person for the purchase, sale, or use of personal property or nonpersonal services necessary to the performance of contracts.
30
What is a 'Subcontractor'?
Any person who holds, or has held, a subcontract subject to E.O. 11246.
31
What does 'United States' encompass?
The 50 States, the District of Columbia, Puerto Rico, the Northern Mariana Islands, American Samoa, Guam, the U.S. Virgin Islands, and Wake Island.
32
What are the responsibilities of the Secretary of Labor under E.O. 11246?
Administration and enforcement of prescribed parts of E.O. 11246 and adoption of rules and regulations.
33
Who is responsible for ensuring compliance within an agency?
The head of each agency.
34
What is required of nonconstruction prime contractors with 50 or more employees?
To develop a written affirmative action program for each of its establishments.
35
What must construction contractors with a nonexempt Government construction contract meet?
Contract terms and conditions citing affirmative action requirements applicable to covered geographical areas or projects.
36
Fill in the blank: The contracting officer shall furnish to the contractor appropriate quantities of the poster entitled '_______'.
Equal Employment Opportunity Is The Law.
37
What exemptions apply to E.O. 11246?
National security, specific contracts, transactions of $10,000 or less, work outside the United States, contracts with State or local governments, work on or near Indian reservations.
38
True or False: The Equal Opportunity clause is required for all contracts over $10,000.
False.
39
What must the contracting officer do if a preaward evaluation determines noncompliance with E.O. 11246?
The Deputy Assistant Secretary may authorize the use of enforcement procedures against the noncomplying contractor.
40
What is not a violation of E.O. 11246 regarding employment preferences?
Contractors can extend a publicly announced preference in employment to Indians living on or near an Indian reservation.
41
What must contractors not discriminate on when extending employment preferences to Indians?
Religion, sex, sexual orientation, gender identity, tribal affiliation.
42
Who can exempt a contractor's facilities from E.O. 11246 requirements?
The Deputy Assistant Secretary.
43
What is the threshold amount for the Equal Opportunity clause to apply to indefinite-quantity contracts?
$10,000.
44
Which entities are exempt from Section 202 of E.O. 11246?
Religious corporations, associations, educational institutions, or societies.
45
What is required for a contracting officer to request an exemption from E.O. 11246?
A detailed justification must be submitted under agency procedures.
46
What actions can the Deputy Assistant Secretary take against contractors violating E.O. 11246?
* Publication of names
* Cancellation or suspension of contracts
* Debarment from future contracts
* Referral to the Department of Justice or EEOC.
47
What must be included in contracts that will include the clause at 52.222-26?
* Clause at 52.222-21 (Prohibition of Segregated Facilities)
* Provision at 52.222-22 (Previous Contracts and Compliance Reports).
48
What is the minimum wage established by E.O. 13658 for certain workers?
$10.10 per hour.
49
What wage rate supersedes E.O. 13658 as of January 30, 2022?
$15.00 per hour under E.O. 14026.
50
What does E.O. 13706 establish for employees of certain Federal contractors?
Paid sick leave.
51
What is the scope of the Service Contract Labor Standards subpart?
Applies to service contracts over $2,500.
52
What does the term 'contractor' include under the Service Contract Labor Standards?
Subcontractor at any tier whose subcontract is subject to the provisions of the statute.
53
What must contractors performing on service contracts in excess of $2,500 pay their employees?
Wages and fringe benefits prevailing in the locality or minimum wage set by the Fair Labor Standards Act.
54
What is a self-executing requirement for successor contractors?
Must pay wages and fringe benefits at least equal to those in the predecessor's collective bargaining agreement.
55
What is the geographical coverage of the Service Contract Labor Standards statute?
Applies to service contracts performed in the United States.
56
List one statutory exemption from the Service Contract Labor Standards.
* Contracts for construction, alteration, or repair of public buildings.
57
True or False: The Service Contract Labor Standards statute applies to contracts performed outside the United States.
False.
58
What are the types of contracts exempted from the Service Contract Labor Standards statute?
Contracts for:
* Carriage of mail by common carriers
* Mail service by individual owner-operators
* Carriage of freight or personnel under specific conditions
* Maintenance, calibration, or repair of certain equipment
* Specific services including vehicle maintenance, financial services, hotel/motel services, and real estate services
## Footnote
Details on exemptions can vary based on specific conditions outlined in the statute.
59
What role does the Secretary of Labor have regarding administrative limitations under the Service Contract Labor Standards statute?
The Secretary of Labor may provide reasonable limitations, variations, tolerances, and exemptions from provisions of the statute in special circumstances to protect prevailing labor standards
## Footnote
This is established under 41 U.S.C. 6707(b).
60
What are the conditions for the exemption of contracts for maintenance, calibration, or repair of equipment?
Conditions include:
* Equipment used regularly for non-Government purposes
* Services priced based on established catalog or market prices
* Same compensation plan for service employees as for commercial customers
* Certification of compliance by the contractor
## Footnote
Specific types of equipment include automated data processing equipment and medical apparatus.
61
True or False: Contracts for automobile maintenance services are always exempt from the Service Contract Labor Standards statute.
False
## Footnote
These services are exempt only if they meet specific conditions outlined in the statute.
62
Fill in the blank: The Secretary of Labor has exempted contracts for the carriage of mail by _______.
common carriers
## Footnote
This includes rail, air (except air star routes), bus, and ocean vessel services.
63
What must the contracting officer do if they determine that an offeror does not meet exemption conditions?
Identify the deficiency to the offeror and require a revised offer or incorporate the Service Contract Act clause
## Footnote
This is to ensure compliance with the Service Contract Labor Standards statute.
64
List some examples of services covered by the Service Contract Labor Standards statute.
Examples include:
* Motor pool operation
* Custodial services
* Food service and lodging
* Laundry and dry-cleaning services
* Snow and garbage removal
## Footnote
Additional examples can be found in 29 CFR 4.130.
65
What is a key requirement for contracts providing financial services under the Service Contract Labor Standards statute?
The contract must involve the issuance and servicing of cards, including credit and debit cards
## Footnote
These services must be provided regularly to non-Governmental customers.
66
What happens if the Department of Labor determines conditions for exemption have not been met after a contract award?
The exemption becomes inapplicable, and the contract is subject to the Service Contract Labor Standards statute
## Footnote
This determination can affect both the contract and any related subcontracts.
67
What types of contracts are excluded from exemptions under the Service Contract Labor Standards statute?
Exclusions include:
* Contracts awarded under 41 U.S.C. chapter 85
* Contracts for operating a Government facility
* Contracts subject to 41 U.S.C. 6707(c)
## Footnote
These exclusions ensure compliance with specific federal standards.
68
Fill in the blank: The contracting officer must determine in advance if all offerors will meet the conditions in paragraph _______.
d(2)(ii) through (v)
## Footnote
This determination is crucial for the award process of exempt contracts.
69
What services are included in packing, crating, and storage?
Packing, crating, and storage services
## Footnote
These services involve preparing items for transport and storing them securely.
70
What types of services fall under custodial, janitorial, and housekeeping?
Custodial, janitorial, housekeeping, and guard services
## Footnote
These services maintain cleanliness and security in facilities.
71
What services are covered under food service and lodging?
Food service and lodging services
## Footnote
These services include the provision of meals and accommodation.
72
What types of clothing services are mentioned?
Laundry, dry-cleaning, linen-supply, and clothing alteration and repair services
## Footnote
These services cater to the cleaning and maintenance of clothing.
73
What is included in snow, trash, and garbage removal?
Snow, trash, and garbage removal services
## Footnote
These services involve the removal of waste and snow from premises.
74
What does aerial spraying and reconnaissance for fire detection involve?
Aerial spraying and aerial reconnaissance for fire detection
## Footnote
These services are used for agricultural purposes and monitoring wildfires.
75
What kind of support services are provided at installations?
Support services including grounds maintenance and landscaping
## Footnote
These services maintain the outdoor areas of facilities.
76
What are some examples of specialized services requiring specific skills?
Drafting, illustrating, graphic arts, stenographic reporting, or mortuary services
## Footnote
These services require specialized training or expertise.
77
What does electronic equipment maintenance include?
Electronic equipment maintenance and operation and engineering support services
## Footnote
These services ensure the functionality of electronic devices.
78
What is involved in maintenance and repair of equipment?
Maintenance and repair of all types of equipment, including aircraft, engines, and vehicles
## Footnote
This covers a wide range of mechanical and electronic equipment.
79
What is defined as remanufacturing of equipment?
Contracts for remanufacturing of equipment equivalent to manufacturing
## Footnote
This includes extensive work that restores equipment to like-new condition.
80
What criteria must be met for remanufacturing to be considered manufacturing?
Criteria include major overhaul and reworking of all parts
## Footnote
Specific conditions must be satisfied for the classification.
81
What does major overhaul of equipment entail?
Complete teardown, reworking parts, and final reassembly
## Footnote
This process restores equipment to its original life expectancy.
82
What is excluded from the definition of remanufacturing?
Repair of damaged equipment not requiring complete teardown
## Footnote
Routine maintenance and servicing are not considered remanufacturing.
83
What should a contracting officer do if they have questions about the Service Contract Labor Standards statute?
Request advice from the agency labor advisor
## Footnote
Unresolved questions are to be submitted to the Wage and Hour Division.
84
What are the responsibilities of the Secretary of Labor under the Service Contract Labor Standards statute?
Enforce provisions, issue rules, hold hearings, and take actions
## Footnote
The Department of Labor regulates service contract labor standards.
85
What clause must be inserted in contracts over $2,500?
Clause at 52.222-41, Service Contract Labor Standards
## Footnote
This clause applies to contracts subject to the Service Contract Labor Standards statute.
86
What is the purpose of the clause at 52.222-42?
Statement of Equivalent Rates for Federal Hires
## Footnote
This clause is included if the contract amount exceeds $2,500.
87
What are contracting officers required to do for service contracts above $2,500?
Obtain wage determinations for each new solicitation and contract
## Footnote
This applies to contract modifications as well.
88
How can contracting officers obtain prevailing wage determinations?
Using the Wage Determinations at SAM.gov or the Department of Labor’s e98 process
## Footnote
Accurate information is essential for the e98 request.
89
What is the significance of the clause at 52.222-44?
Fair Labor Standards Act and Service Contract Labor Standards-Price Adjustment
## Footnote
This clause applies to fixed-price or labor-hour service contracts.
90
What must contracting officers ensure about the email address submitted on an e98 request?
It is accurate
## Footnote
The e98 process is used to request wage determinations.
91
What must a contracting officer anticipate when gathering information necessary for a wage determination?
The amount of time required, including contacting the Department of Labor if needed
92
What is the responsibility of the contracting agency regarding the wage determination selected?
The contracting agency remains responsible for the wage determination selected
93
What can the contracting agency rely upon in the e98 process?
The Department of Labor response as the correct wage determination for the contract
94
What information must a contracting officer determine about service employees?
Classes, locality, applicability of 41 U.S.C. 6707(c), and wage rates
95
Where can the Wage and Hour Division’s Service Contract Act Directory of Occupations be found?
On the Wage Determinations at SAM.gov Library Page
96
What does 41 U.S.C. 6707(c) require of successor contractors?
To pay wages and fringe benefits at least equal to those of the predecessor contractor under certain conditions
97
What conditions must be met for 41 U.S.C. 6707(c) to apply?
* Services are substantially the same
* Services performed in the same locality
* Incumbent contractor has a collective bargaining agreement
98
What happens if the incumbent contractor enters into a collective bargaining agreement after contract expiration?
41 U.S.C. 6707(c) will not apply
99
What should a contracting officer do if they receive notice of a collective bargaining agreement less than 10 days before bid opening?
Find that there is not reasonable time to notify bidders
100
If 41 U.S.C. 6707(c) applies, what must the contracting officer obtain?
A copy of the collective bargaining agreement
101
What may the contracting officer use to prepare a wage determination referencing the collective bargaining agreement?
Wage Determinations at SAM.gov website
102
What may the contracting officer do with the e98 process regarding collective bargaining agreements?
Request the Department of Labor to prepare the cover wage determination
103
Under what circumstances will 41 U.S.C. 6707(c) not apply according to the Secretary of Labor?
* Wages are substantially at variance with prevailing wages
* Not the result of arm’s length negotiations
104
What should the contracting officer do if they suspect that the collective bargaining agreement is not reached through arm’s length negotiations?
Contact the agency labor advisor
105
What actions should a contracting officer take if services are provided at multiple locations with different wage rates?
Identify locations and access Wage Determinations at SAM.gov for those not covered by the agreement
106
What should the contracting officer do if the place of performance is unknown?
Attempt to identify specific places or geographical areas
107
What may indicate possible places of performance?
* Locations of previous contractors
* Databases of prospective contractors
* Responses to presolicitation notices
108
What must the contracting officer do if all possible places of performance are identified?
Obtain a wage determination for each locality
109
What must the contracting officer do if they learn of additional potential offerors after the solicitation closing date?
* Obtain wage determinations for additional places
* Amend the solicitation and extend offer submission time if necessary
110
What information must be included in the synopsis and solicitation if the place of performance is unknown?
* The place of performance is unknown
* Identified possible places
* Offerors can request additional wage determinations
111
What is the minimum advance notice that the contracting officer must give regarding notifications under collective bargaining agreements?
At least 30 days before the applicable acquisition date
