[Federal Register Volume 89, Number 62 (Friday, March 29, 2024)]
[Notices]
[Pages 22151-22152]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-06700]


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DEPARTMENT OF DEFENSE

GENERAL SERVICES ADMINISTRATION

NATIONAL AERONAUTICS AND SPACE ADMINISTRATION

[OMB Control No. 9000-0066; Docket No. 2024-0053; Sequence No. 7]


Submission for OMB Review; Certain Federal Acquisition Regulation 
Part 22 Labor Requirements

AGENCY: 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 has submitted to the Office of 
Management and Budget (OMB) a request to review and approve a revision 
of a previously approved information collection requirement regarding 
certain Federal Acquisition Regulation (FAR) part 22 labor 
requirements.

DATES: Submit comments on or before April 29, 2024.

ADDRESSES: Written comments and recommendations for this information 
collection should be sent within 30 days of publication of this notice 
to www.reginfo.gov/public/do/PRAMain. Find this particular information 
collection by selecting ``Currently under Review--Open for Public 
Comments'' or by using the search function.

FOR FURTHER INFORMATION CONTACT: Ms. Dana Bowman, Procurement Analyst, 
at 202-803-3188 or at [email protected].

SUPPLEMENTARY INFORMATION:

A. OMB Control Number, Title, and Any Associated Form(s)

    9000-0066, Certain Federal Acquisition Regulation Part 22 Labor 
Requirements.

B. Needs and Uses

    The revision to the information collection is needed for the 
implementation of Executive Order (E.O.) 14063, Use of Project Labor 
Agreements for Federal Construction Projects, issued February 4, 2022 
(87 FR 7363, February 9, 2022). E.O. 14063 mandates that Federal 
Government agencies require the use of project labor agreements (PLAs) 
for large-scale Federal construction projects, where the total 
estimated cost to the Government is $35 million or more, unless an 
exception applies. Agencies still have the discretion to require PLAs 
for Federal construction projects that do not meet the $35 million 
threshold.
    This clearance covers the information that offerors and contractors 
must submit to comply with the following FAR part 22 requirements:
     FAR 52.222-2, Payment for Overtime Premiums. This clause 
requires the contractor to request authorization for overtime premiums 
costs that exceed the amount negotiated in the contract. The request 
shall include information on the affected work unit current staffing 
and workload, how a denial of the request would impact performance on 
the instant contract or other contracts, and reasons why the work 
cannot be performed by using multishift operations or by employing 
additional personnel. Contracting officers use this information to 
evaluate whether the overtime is necessary.
     FAR 52.222-6, Construction Wage Rate Requirements, and the 
Standard Form (SF) 1444. This clause 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. In such cases, the contractor 
is required to complete and submit a 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. The contracting officer submits 
the SF 1444 to the Department of Labor (DOL) Wage and Hour Division 
with a request for conformance review to determine the appropriateness 
of the request.
     FAR 52.222-11, Subcontracts (Labor Standards), and the SF 
1413. This clause requires a contractor to submit an 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 necessary to implement 
various labor statutes have been included in the subcontract. 
Contracting officers review the information on the form to ascertain 
whether contractors have included the required labor clauses in their 
subcontracts.
     FAR 52.222-18, Certification Regarding Knowledge of Child 
Labor for Listed End Products. This provision (and its commercial 
equivalent in the provision at 52.212-3) requires the offeror, as part 
of its annual representations and certifications, to either certify in 
paragraph (c)(1) that it 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 (https://www.dol.gov/agencies/ilab), or certify in paragraph (c)(2) that it has 
made a good faith effort to determine whether such child labor was used 
to mine, produce, or manufacture such end product, and is unaware of 
any such use of child labor. This information is used by the Government 
to ensure that a good faith effort has been made to determine whether 
forced or indentured child labor was used to mine, produce, or 
manufacture any product on the List furnished under the contract.
     FAR 52.222-33, Notice of Requirement for Project Labor 
Agreement. When a PLA (a pre-hire collective bargaining agreement 
described in 29 U.S.C. 158(f)) is required for a large-scale 
construction project within the United States for which the total 
estimated cost of the construction contract to the Federal

[[Page 22152]]

Government is $35 million or more, this provision requires the offeror 
to submit a copy of a PLA at the time offers are due, prior to award, 
or after contract award as determined by the agency. Subcontractors are 
required to become a party to the resulting PLA. An agency may require 
the use of a PLA on projects where the total cost to the Federal 
Government is less than $35 million, if appropriate.
     FAR 52.222-34, Project Labor Agreement. When a PLA is 
required for a large-scale construction project within the United 
States for which the total estimated cost of the construction contract 
to the Federal Government is $35 million or more, this clause requires 
the contractor to maintain the PLA in a current state throughout the 
life of the contract. The requirement for a PLA flows down to all 
subcontracts with subcontractors engaged in construction on the 
construction project.
     FAR 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. The 
Government will use this information to determine if professional 
employees are compensated fairly and properly. Plans indicating 
unrealistically low professional employees' compensation may be 
assessed adversely as one of the factors considered in making a 
contract award.

C. Annual Burden

    Respondents/Recordkeepers: 544,162.
    Total Annual Responses: 619,558.
    Total Burden Hours: 107,495 (107,174 reporting hours + 321 
recordkeeping hours).

D. Public Comment

    A 60-day notice was published in the Federal Register at 87 FR 
51044 on August 19, 2022, as part of a proposed rule under FAR Case 
2022-003, Use of Project Labor Agreements for Federal Construction 
Projects. Due to the public comments received in response to the 
proposed rule regarding the burden calculations, the estimated number 
of hours necessary for the implementation of a PLA were increased from 
a range of 40-80 to a range of 100-200 hours. Only the burden for the 
FAR provision at 52.222-33, and the FAR clause at 52.222-34 is affected 
by this revision. All other FAR part 22 provisions and clauses covered 
by OMB Control #9000-0066 remain the same as previously approved.
    Obtaining Copies: Requesters may obtain a copy of the information 
collection documents from the GSA Regulatory Secretariat Division, by 
calling 202-501-4755 or emailing [email protected]. Please cite OMB 
Control No. 9000-0066, Certain Federal Acquisition Regulation Part 22 
Labor Requirements.

Janet Fry,
Director, Federal Acquisition Policy Division, Office of Governmentwide 
Acquisition Policy, Office of Acquisition Policy, Office of 
Governmentwide Policy.
[FR Doc. 2024-06700 Filed 3-28-24; 8:45 am]
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