[Federal Register Volume 84, Number 35 (Thursday, February 21, 2019)]
[Notices]
[Pages 5436-5438]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-02990]


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DEPARTMENT OF DEFENSE

GENERAL SERVICES ADMINISTRATION

NATIONAL AERONAUTICS AND SPACE ADMINISTRATION

[OMB Control No. 9000-0066; Docket No. 2018-0003; Sequence No. 21]


Submission for OMB Review; Labor-Related Requirements

AGENCIES: Department of Defense (DOD), General Services Administration 
(GSA), and National Aeronautics and Space Administration (NASA).

ACTION: Notice.

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SUMMARY: Under the provisions of the Paperwork Reduction Act, the 
Regulatory Secretariat Division will be submitting to the Office of 
Management and Budget (OMB) a request to review and approve an 
extension of a previously approved information collection requirement 
regarding labor-related requirements.

DATES: Submit comments on or before March 25, 2019.

ADDRESSES: Submit comments regarding this burden estimate or any other 
aspect of this collection of information, including suggestions for 
reducing this burden to:
    Office of Information and Regulatory Affairs of OMB, Attention: 
Desk Officer for GSA, Room 10236, NEOB, Washington, DC 20503. 
Additionally submit a copy to GSA by any of the following methods:
     Federal eRulemaking Portal: This website provides the 
ability to type short comments directly into the comment field or 
attach a file for lengthier comments. Go to http://www.regulations.gov 
and follow the instructions on the site.
     Mail: General Services Administration, Regulatory 
Secretariat Division (MVCB), 1800 F Street NW, Washington, DC 20405. 
ATTN: Ms. Mandell/IC 9000-0066, Labor-related Requirements.
    Instructions: Please submit comments only and cite Information 
Collection 9000-0066, Labor-related Requirements, in all correspondence 
related to this collection. Comments received generally will be posted 
without change to http://www.regulations.gov, including any personal 
and/or business confidential information provided. To confirm receipt 
of your comment(s), please check www.regulations.gov, approximately two 
to three days after submission to verify posting (except allow 30 days 
for posting of comments submitted by mail).

FOR FURTHER INFORMATION CONTACT: Mr. Kevin Funk, Procurement Analyst, 
Office of Governmentwide Acquisition Policy, GSA, at telephone 202-357-
5805, or email [email protected].

SUPPLEMENTARY INFORMATION:

A. Purpose

    This information collection requirement, OMB Control No. 9000-0066, 
currently titled ``Professional Employee Compensation Plan,'' is 
proposed to be retitled ``Labor-related Requirements,'' due to 
consolidation with currently approved information collection 
requirements OMB Control

[[Page 5437]]

Nos. 9000-0175, 9000-0089, 9000-0014, and 9000-0155.
    This clearance covers the information that offerors and contractors 
must submit to comply with the following labor requirements in the 
Federal Acquisition Regulation (FAR):
    1. 52.222-2, Payment for Overtime Premiums. Paragraph (b) of this 
clause requires a contractor requesting overtime premiums that exceed 
the amount specified in paragraph (a) of the clause to do the 
following: (1) Identify the work unit; e.g., department or section in 
which the requested overtime will be used, together with present 
workload, staffing, and other data of the affected unit sufficient to 
permit the Contracting Officer to evaluate the necessity for the 
overtime; (2) Demonstrate the effect that denial of the request will 
have on the contract delivery or performance schedule; (3) Identify the 
extent to which approval of overtime would affect the performance or 
payments in connection with other Government contracts, together with 
identification of each affected contract; and (4) Provide reasons why 
the required work cannot be performed by using multishift operations or 
by employing additional personnel.
    2. 52.222-6, Construction Wage Rate Requirements, paragraph (c) 
requires the contractor to establish additional classifications, if any 
laborer or mechanic is to be employed in a classification that is not 
listed in the wage determination applicable to the contract. The 
contractor submits to the contracting officer a Standard Form (SF) 
1444, Request for Authorization of Additional Classification and Rate, 
along with other pertinent data, containing the proposed additional 
classification and minimum wage rate including any fringe benefits 
payments. OMB control numbers 1235-0023, 1235-0008, and 1235-0018 
account for records to be kept by employers under the Fair Labor 
Standards Act (FLSA), 29 CFR 516, which is the basic recordkeeping 
regulation for all the laws administered by the Department of Labor 
(DOL) Wage and Hour Division. 29 CFR 516, prescribes labor standards 
for federally financed and assisted construction contracts subject to 
the Davis-Bacon and Related Acts (DBRA), as well as labor standards for 
non-construction contracts subject to the Contract Work Hours and 
Safety Standards Act (CWHSSA).
    3. 52.222-11, Subcontracts (Labor Standards), requires contractors 
to submit SF 1413, Statement and Acknowledgment, for each subcontract 
for construction within the United States, including the 
subcontractor's signed and dated acknowledgment that the required labor 
clauses have been included in the subcontract. DOL regulations at 29 
CFR subpart 5.6 require Federal agencies to ascertain compliance with 
statutes such as the Wage Rate Requirements (Construction) (formerly 
known as the Davis-Bacon Act) (40 U.S.C. chapter 31), the Copeland Act 
(Anti-Kickback) (18 U.S.C. 874 and 40 U.S.C. 3145), and the Contract 
Work Hours and Safety Standards Act (40 U.S.C. 3701 et seq.)
    4. 52.222-18, Certification Regarding Knowledge of Child Labor for 
Listed End Products, requires offerors to certify they will not supply 
an end product of a type identified on the DOL List of Products 
Requiring Contractor Certification as to Forced or Indentured Child 
Labor, or that the offeror will supply such product, but made a good 
faith effort to determine whether forced or indentured child labor was 
used to mine, produce, or manufacture any product furnished under the 
contract and is unaware of any such use of child labor. For 
solicitations for commercial items, the Certification Regarding 
Knowledge of Child Labor for Listed End Products is at paragraph (i) of 
the provision at 52.212-3, Offeror Representations and Certifications--
Commercial Items. This requirement is necessary to comply with 
Executive Order 13126, Prohibition of Acquisition of Products Produced 
by Forced or Indentured Child Labor, signed by President Clinton on 
June 12, 1999.
    5. 52.222-33, Notice of Requirement for Project Labor Agreement, 
and 52.222-34, Project Labor Agreement, require offerors (provision) to 
submit, and contractors (clause) to maintain, a copy of the project 
labor agreement (PLA). Agencies have discretion on whether or not to 
use a PLA in connection with large-scale construction contracts, valued 
at or above $25M. Agencies may require the PLA be submitted: (1) When 
offers are due, (2) prior to award (by the apparent successful 
offeror), or (3) after award.
    6. 52.222-46, Evaluation of Compensation for Professional 
Employees. This provision requires offerors to submit for evaluation a 
total compensation plan setting forth proposed salaries and fringe 
benefits for professional employees working on the contract. This is 
required for negotiated service contracts when the contract amount is 
expected to exceed $700,000 and the service to be provided will require 
meaningful numbers of professional employees.

B. Public Comment

    A 60-day notice was published in the Federal Register at 83 FR 
53876, on October 25, 2018. No comments were received.

C. Annual Reporting Burden

1. 52.222-2, Payment for Overtime Premiums

    Respondents: 2,098.
    Responses per Respondent: 1.
    Total Annual Responses: 2,098.
    Hours per Response: 0.25.
    Total Burden Hours: 525.

2. FAR 52.222-6 and SF 1444 Request for Authorization of Additional 
Classification and Rate

    Respondents: 3,831.
    Responses per Respondent: 2.
    Total Annual Responses: 7,662.
    Hours per Response: 0.5.
    Total Burden Hours: 3,831.

3. FAR 52.222-11, Subcontracts (Labor Standards), and SF 1413, 
Statement and Acknowledgment

    Respondents: 36,553.
    Responses per Respondent: 2.
    Total Annual Responses: 73,106.
    Hours per Response: 0.05.
    Total Burden Hours: 3,655.

4. FAR 52.222-18 Certification Regarding Knowledge of Child Labor for 
Listed End Products

    Respondents: 1,104.
    Responses per Respondent: 1.
    Total Annual Responses: 1,104.
    Hours per Response: 0.18.
    Total Burden Hours: 198.

5. FAR 52.222-33 and 52.222-34, Project Labor Agreement

    Respondents: 45.
    Responses per Respondent: 1.
    Total Annual Responses: 45.
    Hours per Response: 1.
    Total Burden Hours: 45.

6. FAR 52.222-46 Evaluation of Compensation for Professional Employees

    Respondents: 3,136.
    Responses per Respondent: 3.
    Total Annual Responses: 9,408.
    Hours per Response: 1.3333.
    Total Burden Hours: 12,544.

7. Summary.

    Respondents: 46,767.
    Total Annual Responses: 93,423.
    Total Burden Hours: 20,798.
    Obtaining Copies: Requesters may obtain a copy of the information 
collection documents from the General Services Administration, 
Regulatory Secretariat Division (MVCB), 1800 F

[[Page 5438]]

Street, NW, Washington, DC 20405, telephone 202-501-4755. Please cite 
OMB Control No. 9000-0066, Labor-related Requirements, in all 
correspondence.

    Dated: February 15, 2019.
Janet Fry,
Director, Federal Acquisition Policy Division, Office of Governmentwide 
Acquisition Policy, Office of Acquisition Policy, Office of 
Governmentwide Policy.
[FR Doc. 2019-02990 Filed 2-20-19; 8:45 a.m.]
BILLING CODE 6820-EP-P