83 FR 53876 - Information Collection; Labor-related Requirements

DEPARTMENT OF DEFENSE
GENERAL SERVICES ADMINISTRATION
NATIONAL AERONAUTICS AND SPACE ADMINISTRATION

Federal Register Volume 83, Issue 207 (October 25, 2018)

In accordance with the Paperwork Reduction Act of 1995 and the Office of Management and Budget (OMB) regulations, the FAR Council invites the public to comment upon a renewal concerning labor-related requirements.

[Federal Register Volume 83, Number 207 (Thursday, October 25, 2018)]
[Notices]
[Pages 53876-53877]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2018-23351]


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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]


Information Collection; Labor-related Requirements

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

ACTION: Notice and request for comments.

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SUMMARY: In accordance with the Paperwork Reduction Act of 1995 and the 
Office of Management and Budget (OMB) regulations, the FAR Council 
invites the public to comment upon a renewal concerning labor-related 
requirements.

DATES: Submit comments on or before December 24, 2018.

ADDRESSES: The FAR Council invites interested persons to submit 
comments on this collection by either 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: All items submitted must cite Information Collection 
9000-0066, Labor-related Requirements. Comments received in response to 
this docket generally will be made available for public inspection and 
posted without change, including any personal and/or business 
confidential information provided, at http://www.regulations.gov.
    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). This information collection is pending at the FAR 
Council. The Council will submit it to OMB within 60 days from the date 
of this notice.

FOR FURTHER INFORMATION CONTACT: Ms. Zenaida Delgado, Procurement 
Analyst, at telephone 202-969-7207, or email [email protected].

SUPPLEMENTARY INFORMATION: 

A. Overview of Information Collection

Description of the Information Collection

    1. Type of Information Collection: Revision/Renewal of a currently 
approved collection.
    2. Title of the Collection--Labor-related Requirements.
    3. Agency form number, if any:--SF 1413, SF 1444.

Solicitation of Public Comment

    Written comments and suggestions from the public should address one 
or more of the following four points:
    (1) Evaluate whether the collection of information is necessary for 
the proper performance of the functions of the agency, including 
whether the information will have practical utility;
    (2) Evaluate the accuracy of the agency's estimate of the burden of 
the proposed collection of information, including the validity of the 
methodology and assumptions used;
    (3) Enhance the quality, utility, and clarity of the information to 
be collected; and
    (4) Minimize the burden of the collection of information on those 
who are to respond, including through the use of appropriate automated, 
electronic, mechanical, or other technological collection techniques or 
other forms of information technology, e.g., permitting electronic 
submission of responses.

B. 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 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

[[Page 53877]]

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.

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 1,444 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.
    Affected Public: Businesses or other for-profit and not-for-profit 
institutions.
    Obtaining Copies: Requesters may obtain a copy of the information 
collection documents from the General Services Administration, 
Regulatory Secretariat Division (MVCB), 1800 F Street NW, Washington, 
DC 20405, telephone 202-501-4755. Please cite OMB Control No. 9000-
0066, Labor-related Requirements, in all correspondence.

Janet Fry,
Director, Federal Acquisition Policy Division, Office of Governmentwide 
Acquisition Policy, Office of Acquisition Policy, Office of 
Governmentwide Policy.
[FR Doc. 2018-23351 Filed 10-24-18; 8:45 am]
 BILLING CODE 6820-EP-P