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)

Page Range		53876-53877
FR Document		2018-23351

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 Issue 207 (Thursday, October 25, 2018)

[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.

-----------------------------------------------------------------------

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

53876 Federal Register / Vol. 83, No. 207 / Thursday, October 25, 2018 / Notices

30 minutes to identify and support any SUMMARY: In accordance with the (1) Evaluate whether the collection of
hours in excess of 40 hours per week Paperwork Reduction Act of 1995 and information is necessary for the proper
included in their proposal or the Office of Management and Budget performance of the functions of the
subcontractor’s proposal. (OMB) regulations, the FAR Council agency, including whether the
Number of Respondents: 31,334. invites the public to comment upon a information will have practical utility;
Responses per Respondent: 1. renewal concerning labor-related (2) Evaluate the accuracy of the
Total Annual Responses: 31,334. requirements. agency’s estimate of the burden of the
Average Burden Hours per Response: proposed collection of information,
.5. DATES: Submit comments on or before
including the validity of the
Total Burden Hours: 15,667. December 24, 2018. methodology and assumptions used;
ADDRESSES: The FAR Council invites (3) Enhance the quality, utility, and
C. Public Comments
interested persons to submit comments clarity of the information to be
Public comments are particularly on this collection by either of the collected; and
invited on: Whether this collection of following methods: (4) Minimize the burden of the
information is necessary for the proper • Federal eRulemaking Portal: This collection of information on those who
performance of functions of the Federal website provides the ability to type are to respond, including through the
Acquisition Regulation (FAR), and short comments directly into the use of appropriate automated,
whether it will have practical utility; comment field or attach a file for electronic, mechanical, or other
whether our estimate of the public lengthier comments. Go to http:// technological collection techniques or
burden of this collection of information www.regulations.gov and follow the other forms of information technology,
is accurate, and based on valid instructions on the site. e.g., permitting electronic submission of
assumptions and methodology; ways to • Mail: General Services responses.
enhance the quality, utility, and clarity Administration, Regulatory Secretariat
of the information to be collected; and Division (MVCB), 1800 F Street NW, B. Purpose
ways in which we can minimize the Washington, DC 20405. ATTN: Ms. This information collection
burden of the collection of information Mandell/IC 9000–0066, Labor-related requirement, OMB Control No. 9000–
on those who are to respond, through Requirements. 0066, currently titled ‘‘Professional
the use of appropriate technological Instructions: All items submitted Employee Compensation Plan,’’ is
collection techniques or other forms of must cite Information Collection 9000– proposed to be retitled ‘‘Labor-related
information technology. 0066, Labor-related Requirements. Requirements,’’ due to consolidation
Obtaining Copies of Proposals: Comments received in response to this with currently approved information
Requesters may obtain a copy of the docket generally will be made available collection requirements OMB Control
information collection documents from Nos. 9000–0175, 9000–0089, 9000–
for public inspection and posted
the General Services Administration, 0014, and 9000–0155.
without change, including any personal
Regulatory Secretariat Division (MVCB), This clearance covers the information
and/or business confidential
1800 F Street NW, Washington, DC that offerors and contractors must
information provided, at http://
20405, telephone 202–501–4755. Please submit to comply with the following
www.regulations.gov.
cite OMB Control No. 9000–0152, labor requirements in the Federal
To confirm receipt of your
Service Contracting, in all Acquisition Regulation (FAR):
comment(s), please check
correspondence. 1. 52.222–2, Payment for Overtime
www.regulations.gov, approximately
Dated: October 18, 2018. two to three days after submission to Premiums. Paragraph (b) of this clause
Janet Fry, verify posting (except allow 30 days for requires a contractor requesting
Director, Federal Acquisition Policy Division, posting of comments submitted by overtime premiums that exceed the
Office of Governmentwide Acquisition Policy, mail). This information collection is amount specified in paragraph (a) of the
Office of Acquisition Policy, Office of pending at the FAR Council. The clause to do the following: (1) Identify
Governmentwide Policy. Council will submit it to OMB within 60 the work unit; e.g., department or
[FR Doc. 2018–23354 Filed 10–24–18; 8:45 am] days from the date of this notice. section in which the requested overtime
BILLING CODE 6820–EP–P will be used, together with present
FOR FURTHER INFORMATION CONTACT: Ms.
workload, staffing, and other data of the
Zenaida Delgado, Procurement Analyst,
affected unit sufficient to permit the
at telephone 202–969–7207, or email
DEPARTMENT OF DEFENSE Contracting Officer to evaluate the
zenaida.delgado@gsa.gov.
necessity for the overtime; (2)
GENERAL SERVICES SUPPLEMENTARY INFORMATION: Demonstrate the effect that denial of the
ADMINISTRATION request will have on the contract
A. Overview of Information Collection
delivery or performance schedule; (3)
NATIONAL AERONAUTICS AND Description of the Information Identify the extent to which approval of
SPACE ADMINISTRATION Collection overtime would affect the performance
[OMB Control No. 9000–0066; Docket No. 1. Type of Information Collection: or payments in connection with other
2018–0003; Sequence No. 21] Revision/Renewal of a currently Government contracts, together with
approved collection. identification of each affected contract;
Information Collection; Labor-related 2. Title of the Collection—Labor- and (4) Provide reasons why the
Requirements related Requirements. required work cannot be performed by
daltland on DSKBBV9HB2PROD with NOTICES

AGENCY: Department of Defense (DOD), 3. Agency form number, if any:—SF using multishift operations or by
General Services Administration (GSA), 1413, SF 1444. employing additional personnel.
and National Aeronautics and Space 2. 52.222–6, Construction Wage Rate
Solicitation of Public Comment Requirements, paragraph (c) requires the
Administration (NASA).
Written comments and suggestions contractor to establish additional
ACTION: Notice and request for
from the public should address one or classifications, if any laborer or
comments.
more of the following four points: mechanic is to be employed in a

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Federal Register / Vol. 83, No. 207 / Thursday, October 25, 2018 / Notices 53877

classification that is not listed in the Indentured Child Labor, signed by Total Annual Responses: 45.
wage determination applicable to the President Clinton on June 12, 1999. Hours per Response: 1.
contract. The contractor submits to the 5. 52.222–33, Notice of Requirement Total Burden Hours: 45.
contracting officer a Standard Form (SF) for Project Labor Agreement, and 6. FAR 52.222–46 Evaluation of
1444, Request for Authorization of 52.222–34, Project Labor Agreement, Compensation for Professional
Additional Classification and Rate, require offerors (provision) to submit, Employees
along with other pertinent data, and contractors (clause) to maintain, a
containing the proposed additional copy of the project labor agreement Respondents: 3,136.
classification and minimum wage rate (PLA). Agencies have discretion on Responses per Respondent: 3.
including any fringe benefits payments. whether or not to use a PLA in Total Annual Responses: 9,408.
OMB control numbers 1235–0023, connection with large-scale construction Hours per Response: 1.3333.
1235–0008, and 1235–0018 account for Total Burden Hours: 12,544.
contracts, valued at or above $25M.
records to be kept by employers under Agencies may require the PLA be 7. Summary
the Fair Labor Standards Act (FLSA), 29 submitted: (1) When offers are due, (2) Respondents: 46,767.
CFR 516, which is the basic prior to award (by the apparent Total annual Responses: 93,423.
recordkeeping regulation for all the laws successful offeror), or (3) after award. Total Burden Hours: 20,798.
administered by the Department of 6. 52.222–46, Evaluation of Affected Public: Businesses or other
Labor (DOL) Wage and Hour Division. Compensation for Professional for-profit and not-for-profit institutions.
29 CFR 516, prescribes labor standards Employees. This provision requires Obtaining Copies: Requesters may
for federally financed and assisted offerors to submit for evaluation a total obtain a copy of the information
construction contracts subject to the compensation plan setting forth collection documents from the General
Davis-Bacon and Related Acts (DBRA), proposed salaries and fringe benefits for Services Administration, Regulatory
as well as labor standards for non- professional employees working on the Secretariat Division (MVCB), 1800 F
construction contracts subject to the contract. This is required for negotiated Street NW, Washington, DC 20405,
Contract Work Hours and Safety service contracts when the contract telephone 202–501–4755. Please cite
Standards Act (CWHSSA). amount is expected to exceed $700,000 OMB Control No. 9000–0066, Labor-
3. 52.222–11, Subcontracts (Labor and the service to be provided will related Requirements, in all
Standards), requires contractors to require meaningful numbers of correspondence.
submit SF 1413, Statement and professional employees.
Acknowledgment, for each subcontract Janet Fry,
for construction within the United C. Annual Reporting Burden Director, Federal Acquisition Policy Division,
States, including the subcontractor’s 1. 52.222–2, Payment for Overtime Office of Governmentwide Acquisition Policy,
signed and dated acknowledgment that Office of Acquisition Policy, Office of
Premiums.
the required labor clauses have been Governmentwide Policy.
included in the subcontract. DOL Respondents: 2,098. [FR Doc. 2018–23351 Filed 10–24–18; 8:45 am]
regulations at 29 CFR Subpart 5.6 Responses per Respondent: 1. BILLING CODE 6820–EP–P
require Federal agencies to ascertain Total annual Responses: 2,098.
compliance with statutes such as the Hours per Response: 0.25.
Wage Rate Requirements (Construction) Total Burden Hours: 525.
DEPARTMENT OF HEALTH AND
(formerly known as the Davis-Bacon 2. FAR 52.222–6 and SF 1,444 Request HUMAN SERVICES
Act) (40 U.S.C. chapter 31), the for Authorization of Additional
Copeland Act (Anti-Kickback) (18 Classification and Rate. Centers for Disease Control and
U.S.C. 874 and 40 U.S.C. 3145), and the Prevention
Respondents: 3,831.
Contract Work Hours and Safety Responses per Respondent: 2. [30 Day–19–1046]
Standards Act (40 U.S.C. 3701 et seq.) Total Annual Responses: 7,662.
4. 52.222–18, Certification Regarding Hours per Response: 0.5. Agency Forms Undergoing Paperwork
Knowledge of Child Labor for Listed Total Burden Hours: 3,831. Reduction Act Review
End Products, requires offerors to certify 3. FAR 52.222–11, Subcontracts
they will not supply an end product of In accordance with the Paperwork
(Labor Standards), and SF 1413,
a type identified on the DOL List of Reduction Act of 1995, the Centers for
Statement and Acknowledgment.
Products Requiring Contractor Disease Control and Prevention (CDC)
Respondents: 36,553.
Certification as to Forced or Indentured has submitted the information
Responses per Respondent: 2.
Child Labor, or that the offeror will Total Annual Responses: 73,106. collection request titled National Breast
supply such product, but made a good Hours per Response: 0.05. and Cervical Cancer Early Detection
faith effort to determine whether forced Total Burden Hours: 3,655. Program (NBCCEDP) Monitoring
or indentured child labor was used to Activities to the Office of Management
mine, produce, or manufacture any 4. FAR 52.222–18 Certification and Budget (OMB) for review and
product furnished under the contract Regarding Knowledge of Child Labor for approval. CDC previously published a
and is unaware of any such use of child Listed End Products ‘‘Proposed Data Collection Submitted
labor. For solicitations for commercial Respondents: 1,104. for Public Comment and
items, the Certification Regarding Responses per Respondent: 1. Recommendations’’ notice on January
Knowledge of Child Labor for Listed Total Annual Responses: 1,104. 26, 2018 to obtain comments from the
daltland on DSKBBV9HB2PROD with NOTICES

End Products is at paragraph (i) of the Hours per Response: 0.18. public and affected agencies. CDC did
provision at 52.212–3, Offeror Total Burden Hours: 198. not receive comments related to the
Representations and Certifications— previous notice. This notice serves to
Commercial Items. This requirement is 5. FAR 52.222–33 and 52.222–34, allow an additional 30 days for public
necessary to comply with Executive Project Labor Agreement and affected agency comments.
Order 13126, Prohibition of Acquisition Respondents: 45. CDC will accept all comments for this
of Products Produced by Forced or Responses per Respondent: 1. proposed information collection project.

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Document Created: 2018-10-25 01:45:16
Document Modified: 2018-10-25 01:45:16

Category		Regulatory Information
Collection		Federal Register
sudoc Class		AE 2.7: GS 4.107: AE 2.106:
Publisher		Office of the Federal Register, National Archives and Records Administration
Section		Notices
Action		Notice and request for comments.
Dates		Submit comments on or before December 24, 2018.
Contact		Ms. Zenaida Delgado, Procurement Analyst, at telephone 202-969-7207, or email [email protected]
FR Citation		83 FR 53876

83 FR 53876 - Information Collection; Labor-related Requirements

DEPARTMENT OF DEFENSEGENERAL SERVICES ADMINISTRATIONNATIONAL AERONAUTICS AND SPACE ADMINISTRATION

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

DEPARTMENT OF DEFENSE
GENERAL SERVICES ADMINISTRATION
NATIONAL AERONAUTICS AND SPACE ADMINISTRATION