FAR Part 22 Deck 4 Flashcards
(91 cards)
1
Q
What does Subpart 22.16 prescribe?
A
Policies and procedures to implement Executive Order 13496, dated January 30, 2009
This order pertains to employee rights under Federal labor laws.
2
Q
Who is referred to as the Secretary in this subpart?
A
The Secretary of Labor, U.S. Department of Labor
3
Q
What is the definition of the United States in this context?
A
The 50 States, the District of Columbia, Puerto Rico, the Commonwealth of the Northern Mariana Islands, American Samoa, Guam, the U.S. Virgin Islands, and Wake Island
4
Q
What does Executive Order 13496 require contractors to do?
A
Post a notice informing employees of their rights under Federal labor laws
5
Q
What rights does the notice under the National Labor Relations Act include?
A
- Encouragement of collective bargaining
- Protection of employees’ freedom to associate
- Right to self-organize
- Designation of representatives for negotiating employment terms
6
Q
What contracts are exempt from the requirements of this subpart?
A
- Contracts under the simplified acquisition threshold
- Subcontracts of $10,000 or less
- Contracts for work performed exclusively outside the United States
7
Q
Under what conditions can the Secretary grant exemptions from the Executive Order requirements?
A
- If it impairs the Government’s ability to procure goods and services efficiently
- If special circumstances require an exemption for the national interest
8
Q
What actions can the Secretary take if a violation is determined?
A
Actions as set forth in 29 CFR 471.14
9
Q
What must be included in all solicitations and contracts according to 22.1605?
A
The clause at 52.222-40, Notification of Employee Rights under the National Labor Relations Act
10
Q
What is the scope of Subpart 22.17?
A
Policy for implementing 22 U.S.C. chapter 78 and Executive Order 13627
11
Q
To what does Subpart 22.17 apply?
A
All acquisitions
12
Q
What is the estimated value threshold for the certification and compliance plan requirement?
A
Exceeds $550,000
13
Q
Define ‘Coercion’ as per the subpart.
A
- Threats of serious harm or physical restraint
- Any scheme causing belief that failure to act would result in harm
- Abuse or threatened abuse of legal process
14
Q
What constitutes ‘Debt bondage’?
A
Condition of a debtor pledging personal services as security for debt without proper application of value towards the debt
15
Q
What is the definition of ‘Commercial sex act’?
A
Any sex act for which anything of value is given or received
16
Q
What does ‘Forced labor’ mean?
A
- Providing or obtaining labor through threats of harm
- Causing belief that non-performance would result in harm
- Abuse or threatened abuse of law
17
Q
What is defined as ‘Severe forms of trafficking in persons’?
A
- Sex trafficking induced by force, fraud, or coercion
- Recruitment or transportation for labor through force, fraud, or coercion
18
Q
What are the prohibited activities for contractors under the policy?
A
- Engaging in severe forms of trafficking
- Procuring commercial sex acts
- Using forced labor
- Destroying employee access to identity documents
19
Q
True or False: Contractors must charge employees recruitment fees.
A
False
20
Q
What must be provided to employees regarding housing?
A
Housing must meet host country standards
21
Q
Fill in the blank: The Secretary may evaluate compliance or investigate complaints regarding contractors or _______.
A
[subcontractors]
22
Q
What is the purpose of the recruitment fees definition?
A
To outline all fees associated with the recruiting process
23
Q
What is required for an employment contract or recruitment agreement?
A
Must be in writing and in a language understood by the employee
24
Q
What should the work document include?
A
- Work description
- Wages
- Prohibition on charging recruitment fees
- Work location
- Living accommodations and costs
- Time off
- Transportation arrangements
- Grievance process
25
What is required in contracts to combat trafficking in persons?
Inclusion of clauses that prohibit trafficking in persons and require compliance plans.
26
What should contractors notify employees about according to the trafficking in persons regulations?
Prohibited activities and potential actions for violations.
27
What is the estimated value threshold for requiring a compliance plan in contracts performed outside the U.S.?
$550,000.
28
What must the certification from the offeror state regarding the compliance plan?
The offeror has implemented the plan and procedures to prevent prohibited activities.
29
What must contractors do if they find abuses related to prohibited activities?
Take appropriate remedial and referral actions.
30
What are the minimum elements required in a compliance plan?
Specified at 52.222-50(h).
31
What actions must contractors take regarding disclosure of offenses?
Disclose information sufficient to identify the nature and extent of an offense.
32
True or False: It is a violation of the Trafficking Victims Protection Act if a contractor engages in trafficking during the contract period.
True.
33
What should a contracting officer do upon receiving credible information of a trafficking violation?
Notify the agency Inspector General and may direct the contractor to take specific steps.
34
What happens after a final determination that trafficking allegations are substantiated?
The contracting officer enters the violation in FAPIIS.
35
What clause must be inserted in all solicitations and contracts to combat trafficking in persons?
52.222-50, Combating Trafficking in Persons.
36
What is the purpose of the E-Verify program?
To verify employment eligibility of workers in the U.S.
37
What is a COTS item?
A commercial product sold in substantial quantities without modification.
38
Who is considered an 'employee assigned to the contract'?
An employee hired after November 6, 1986, performing work directly under the contract.
39
What must contractors do regarding E-Verify for new hires?
Verify employment eligibility of all new hires working in the U.S.
40
What can the head of the contracting activity do regarding E-Verify requirements?
Waive the E-Verify requirement for a contract or subcontract.
41
What happens if a contractor's memorandum of understanding with E-Verify is terminated?
The contractor may be referred for possible suspension or debarment.
42
What is the threshold for contracts that require the clause at 52.222-54, Employment Eligibility Verification?
Contracts exceeding $150,000.
43
Fill in the blank: A subcontractor is any supplier, distributor, vendor, or firm that furnishes supplies or services to or for a _______.
prime contractor.
44
True or False: E-Verify is a substitute for all employment eligibility verification requirements.
False.
45
What must contractors include in subcontracts according to the E-Verify requirements?
Requirements for verifying employment eligibility.
46
What is the minimum hourly wage rate required to be paid to workers performing under contracts subject to Executive Order 14026 as of January 30, 2022?
At least $15.00 per hour
## Footnote
The minimum wage is set to increase annually based on determinations by the Secretary of Labor.
47
Which contracts are exempt from the Employment Eligibility Verification clause at 52.222-54?
Contracts that are:
* Only for work performed outside the United States
* For a period of performance of less than 120 days
* For commercially available off-the-shelf items
* For items that would be COTS but for minor modifications
* For bulk cargo COTS items
* For commercial services part of the purchase of a COTS item
## Footnote
COTS stands for Commercial Off-The-Shelf.
48
What does 'Worker' mean according to the definitions in Subpart 22.19?
Any person engaged in performing work on a contract covered by Executive Order 14026, whose wages are governed by specific labor laws, excluding certain executive and professional roles
## Footnote
This includes workers in bona fide apprenticeship or training programs.
49
What is the role of the Administrator of the Wage and Hour Division concerning the Executive Order minimum wage?
To notify the public of new E.O. minimum wage rates at least 90 days before they take effect
## Footnote
The Administrator also publishes and maintains this information on Wage Determinations at SAM.gov.
50
True or False: The E.O. minimum wage applies regardless of the contractual relationship between the worker and the employer.
True
## Footnote
Workers are covered irrespective of the alleged contractual relationship.
51
What happens if a contractor fails to pay the applicable E.O. minimum wage?
The Administrator will notify the contractor and request remedy, and may direct withholding of payments due on the contract
## Footnote
Funds may be transferred to the Department of Labor for disbursement if the violation is not remedied.
52
Fill in the blank: The minimum wage under Executive Order 14026 is subject to annual adjustment determined by the _______.
[Secretary of Labor]
53
What are the components of the relationship with other wage rates as outlined in Subpart 22.1902?
The E.O. minimum wage does not excuse noncompliance with:
* Federal or State prevailing wage laws
* Municipal ordinances
* Contracts establishing a higher minimum wage
## Footnote
The E.O. wage applies when it is higher than collective bargaining agreement rates.
54
What is the definition of 'Applicability' in Subpart 22.1903?
This subpart applies to contracts covered by the Service Contract Labor Standards statute or the Wage Rate Requirements (Construction) statute, requiring performance within the United States
## Footnote
It includes various territories and states as defined in the text.
55
What must contracting officers do if they receive a complaint regarding a violation of the Executive Order minimum wage requirements?
Report the complaint information to the Department of Labor within 14 days
## Footnote
This includes details about the alleged violation and any available statements.
56
What is the consequence for contractors found to have violated the minimum wage requirements under Executive Order 14026?
They may face debarment proceedings and be subject to withholding of payments
## Footnote
The Department of Labor can initiate debarment under specific regulations.
57
Fill in the blank: Agency Labor Advisors can provide guidance on the application of this subpart and are listed at _______.
[https://www.sam.gov]
58
What is the minimum wage requirement for tipped workers as per the policies in DOL regulations?
Policies address the relationship between the E.O. minimum wage and wages of workers who receive tips
## Footnote
This is detailed in regulations at 29 CFR 23.240(b) and 23.280.
59
What are the specific types of individuals exempt from the minimum wage requirements of the Fair Labor Standards Act (FLSA)?
Individuals exempt include:
* Learners, apprentices, or messengers
* Students
* Those employed in bona fide executive, administrative, or professional capacities
## Footnote
Their wages may be calculated under special certificates.
60
What clause must be inserted in contracts that include certain wage rate requirements where work is to be performed in the United States?
Clause at 52.222-55, Minimum Wages for Contractor Workers Under Executive Order 14026
## Footnote
This applies to solicitations and contracts with specific wage rate clauses.
61
What is the clause number for Minimum Wages for Contractor Workers Under Executive Order 14026?
52.222-55
## Footnote
This clause must be included in certain solicitations and contracts involving work in the United States.
62
What is the purpose of E.O. 13706?
Establishing Paid Sick Leave for Federal Contractors
## Footnote
This executive order was issued on September 7, 2015.
63
How is 'accrual year' defined?
The 12-month period during which a contractor may limit an employee's accrual of paid sick leave to no less than 56 hours.
64
Who qualifies as an 'Employee' under E.O. 13706?
Any person engaged in performing work on or in connection with a covered contract, including those in apprenticeship programs.
65
What does 'Paid sick leave' refer to?
Compensated absence from employment required by E.O. 13706 and 29 CFR Part 13.
66
What is the minimum accrual rate for paid sick leave according to E.O. 13706?
1 hour of paid sick leave for every 30 hours worked.
67
Which employees are excluded from coverage under E.O. 13706?
* Employees performing in connection with contracts for less than 20% of their work hours in a week
* Employees under collective bargaining agreements ratified before September 30, 2016
* Employees whose work is governed by a pre-existing contract without the clause at 52.222-62.
68
True or False: Contractors can require certification for paid sick leave after 3 consecutive workdays.
True
69
What must contractors do regarding employee notification of paid sick leave?
Inform each employee in writing of the amount of paid sick leave accrued but not used at least once per pay period.
70
What is the maximum amount of paid sick leave an employee can accrue in a year?
56 hours
71
Fill in the blank: Employees cannot ______ their rights under E.O. 13706.
waive
72
What authority does the Secretary of Labor have under E.O. 13706?
Investigating potential violations and obtaining compliance.
73
What are contractors prohibited from doing regarding paid sick leave?
* Interfering with accrual or use
* Discriminating against employees for using sick leave
* Failing to maintain required records.
74
What is required for contractors regarding reinstatement of paid sick leave?
Reinstate paid sick leave only when rehired by the same contractor within 12 months.
75
True or False: Contractors must make financial payments for unused paid sick leave upon separation from employment.
False
76
What is a multiemployer plan?
A plan to which more than one employer is required to contribute and which is maintained through collective bargaining agreements.
77
What is the responsibility of the contractor concerning compliance with E.O. 13706?
Compliance is the responsibility of the contractor.
78
What must contractors provide to employees regarding paid sick leave usage?
Permit use of paid sick leave upon oral or written request.
79
What will the Wage and Hour Division do if a complaint is warranted?
Investigate the complaint in accordance with the procedures in 29 CFR 13.43
80
What actions can a contracting officer take regarding payment if there is a violation of E.O. 13706?
Withhold payments or suspend further payments until violations cease
## Footnote
This can include withholding accrued payments necessary to compensate employees for violations.
81
What can the Department of Labor do if withheld payments are insufficient to reimburse employees?
Bring an action against the contractor in a court of competent jurisdiction to recover the remaining amount
82
What happens to sums not paid to an employee within 3 years?
Transferred into the Treasury of the United States as miscellaneous receipts
83
What can be considered grounds for termination of a contract?
Failure of a contractor to comply with E.O. 13706 or 29 CFR Part 13
84
Under what circumstances can the Department of Labor initiate debarment proceedings?
When a contractor is found to have disregarded its obligations under E.O. 13706 or 29 CFR Part 13
85
What is the role of the Administrator of the Wage and Hour Division regarding interference with paid sick leave?
Notify the contractor and relevant contracting agency of the interference and request remedy
86
What types of relief may be directed to employees affected by interference with paid sick leave?
Pay and/or benefits denied, other actual monetary losses, appropriate equitable or other relief
87
True or False: Liquidated damages may be directed for violations unless reduced for good faith.
True
88
What should a contracting officer do if a contractor fails to produce required records?
Suspend any further payment, advance, or guarantee of funds until violations are discontinued
89
What clause must be included in contracts under E.O. 13706?
The clause at FAR 52.222-62, Paid Sick Leave Under Executive Order 13706
90
In which contracts must the clause at 52.222-62 be inserted?
In solicitations and contracts that include clauses at 52.222-6 or 52.222-41
91
Fill in the blank: The contracting officer shall incorporate the contract clause retroactive to commencement of performance under the contract within ______ days of notification.
15
