(e)Whenever a contracting officer has reason to believe that forced or indentured child labor was used to mine, produce, or manufacture an end product furnished pursuant to a contract awarded subject to the certification required in paragraph (c) of this section, the contracting officer must refer the matter for investigation by the agency’s Inspector General, the Attorney General, or the Secretary of the Treasury, whichever is determined appropriate in accordance with agency procedures, except to the extent that the end product is from the country listed in paragraph (b) of this section, under a contract exceeding the applicable threshold.
(c)Fail to make and maintain or to make available to authorized representatives of the Wage and Hour Division records for inspection, copying, and transcription as required by 29 CFR 13.25, or otherwise fail to comply with the requirements of 29 CFR 13.25 (see 29 CFR 13.6(c)).
(d)If, during a labor dispute, the inspectors’ safety is not endangered, the normal functions of inspection at the plant of a Government contractor shall be continued without regard to the existence of a labor dispute, strike, or picket line. (c)Responses to a presolicitation notice (see 5.204). (a)Insert the following clauses in solicitations and contracts in excess of $2,000 for construction within the United States: (1) 52.222-6, Construction Wage Rate Requirements. 1001(a));
(1)If the contracting officer believes a violation exists or upon request of the Department of Labor, the contracting officer must withhold funds from any current Federal contract or Federally assisted contract with the same prime contractor that is subject to either Construction Wage Rate Requirements statute or Contract Work Hours and Safety Standards statute requirements. (c)Fail to make and maintain or to make available to authorized representatives of the Wage and Hour Division records for inspection, copying, and transcription as required by 29 CFR 13.25, or otherwise fail to comply with the requirements of 29 CFR 13.25 (see 29 CFR 13.6(c)). (ii)Financial services involving the issuance and servicing of cards (including credit cards, debit cards, purchase cards, smart cards, and similar card services).
(b)In sealed bidding, bids may not be opened until a reasonable time after the wage determination for the primary site of the work has been furnished to all bidders. (See Standard Form 1445.) 22.804-2 Construction. Contracting agencies do not have authority to conduct compliance investigations under 29 CFR Part 13 as implemented in this subpart. Revisions published on the WDOL website or otherwise communicated to the contracting officer within the timeframes prescribed at 22.1012-1(b) and (c) are effective and must be included in the resulting contract. (c)Agencies may also consider the following factors in deciding whether the use of a project labor agreement is appropriate for the construction project:
Sex trafficking means the recruitment, harboring, transportation, provision, or obtaining of a person for the purpose of a commercial sex act. (A)An established catalog price is a price included in a catalog price list, schedule, or other form that is regularly maintained by the manufacturer or the contractor, is either published or otherwise available for inspection by customers, and states prices at which sales currently, or were last, made to a significant number of buyers constituting the general public. (3)Repair of appliances, radios, television sets, calculators, and other electronic equipment. When funds withheld exceed the amount required to satisfy validated wage underpayments and assessed liquidated damages, return the funds to the contractor. (2)Terminate the contract. (1) Engaging in severe forms of trafficking in persons during the period of performance of the contract;
(1)The contracting officer shall examine the payrolls and payroll statements to ensure compliance with the contract and any statutory or regulatory requirements. Notify the Administrator, Wage and Hour Division, when the report is forwarded for the Attorney General’s consideration. 22.404-8 Notification of improper wage determination before award. (3)If a contract awarded to a prime contractor contains a provision whereby the prime contractor is made an agent of the Government, the prime contractor is required to include the stipulations of the statute in contracts in excess of $15,000 awarded for and on behalf of the Government for supplies that are to be used in the construction and equipment of Government facilities. (3)Obtain appropriate approvals from within the agency. This applies to that area where a person seeking employment could reasonably be expected to commute to and from in the course of a work day. The SCRA provides a wide range of benefits and protections to those in military service. However, DOL has regulatory authority to require contracting agencies to change contract terms to include missing contract clauses or wage determinations tha tare required by the FAR, or to withhold contract amounts (see, e.g., 22.1015, 22.1022). (iv)The rates of pay and other conditions of employment will not be less than those for work of a similar nature in the locality where the work is being performed; and 22.2108 Multiemployer plans or other funds, plans, or programs. See subpart 22.19. (1) Insert the clause at 52.222-50, Combating Trafficking in Persons, in all solicitations and contracts. (see 29 CFR 13.5(a)(1)). (c)In negotiated acquisitions, the contracting officer shall delay award, if necessary, and process the notification of an improper wage determination for the primary site of the work in the manner prescribed for a new wage determination at 22.404-5(c)(3). If necessary, the contracting officer shall delay award to permit either receipt of the extension or receipt and processing of a new determination. If the contract is exempt from one or more, but not all, of the requirements of E.O.11246, the contracting officer shall use the clause with its Alternate I. (B) Failing to provide return transportation or pay for the cost of return transportation upon the end of employment, for an employee who is not a United States national and who was brought into the United States for the purpose of working on a U.S. Government contract or subcontract, if the payment of such costs is required under existing temporary worker programs or pursuant to a written agreement with the employee for portions of contracts and subcontracts performed inside the United States; except that-
Contracting officers shall impress upon contractors that each contractor shall be held accountable for reasonably avoidable delays.
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