(ii) Items being produced (if a subcontractor is involved, identify the prime contract items);

(iii) Name, address, telephone number, and national affiliation of union locals involved; names, addresses, and telephone numbers of local union officials involved;

(iv) Effect on production material;

(v) Detailed description of critical items (if any) which should be removed from plant or continued to be processed there with mutual consent of contractor and union, if obtainable;

(vi) Date of commencement of the dispute and date of important incident of the dispute such as notice of strike, strikes, lockouts, settlements, etc.;

(vii) Statement of any action taken or contemplated to be taken by the manufacturer;

(viii) Contract number(s) and type(s) thereof (fixed-price, CPFF, etc.), including pricing provisions;

(ix) The issues or probable issues involved;

(x) Estimated number of employees directly and indirectly involved; estimated number who may be involved ultimately, both directly and indirectly; total number of employees, at the facility;

(xi) Identity of any cognizant State and/or Federal authority engaged in mediation and conciliation activities;

(xii) Adequacy of plant guards and local policy for protection of Government property, indicating whether plantguard personnel are members of a union and, if so, local number and name, national affiliation, and whether it is expected that they will go on strike;

(xiii) The quantity of services or military items involved, scheduled performance or delivery dates, and the relation of the production affected by the dispute to the total military items procurement program with respect to those services for military items;

(xiv) Availability of end items, component parts, and/or materials;

(a) Stocks in hand at procurement activities or receiving agencies;

(b) Quantity of affected material on hand at construction or manufacturing site;

(c) The existence or nonexistence of alternate sources of items, parts, or material, together with factors involved in utilizing these sources including timing, price, quality, and extent of importance

of the delay occasioned by the work stoppage, including such factors as the effect upon research and development programs, defense stocks, critical construction, increased costs of procurement and program delays;

(xv) A statement of the degree and extent of importance of the delay occasioned by the work stoppage, including such factors as the effect upon research and development programs, defense stocks, critical construction, increased costs of procurement, and program delays; and

(xvi) Additional pertinent information including, when applicable, the effect on care and maintenance of Government-furnished equipment or ma

terial.

When time does not permit expeditious reporting of all the above information whatever data is immediately available should be furnished in the intial report. However, in such circumstances the additional information required above will be submitted by the most expeditious means as soon as possible. Supplemental reports will be submitted as necessary to report important developments following the initial report including termination of the work stoppage in whole or in part or change in the effect which the work stoppage or threatened work stoppage has upon important military procurement. In situations of urgency, initial and supplemental reports should be made by telephone, or other informal means.

(5) Whenever labor representatives request permission to enter a DSA installation on which private contract employees are engaged in contract work to conduct union business during working hours, the commanding officer may admit such representatives, provided: (i) the presence and activities of the labor representatives will not interfere with the progress of the contract work involved, and (ii) the entry of such representatives to the installation will not violate pertinent safety or security regulations. Commanding officers shall take all necessary action to enforce the above policy and facilitate ready access to worksites within military installations. One method which has met with success in appropriate situations is the maintenance by commanding officers of a list of labor representatives, who have been cleared with regard to safety and security considerations and who may be ad

mitted into respective installation to conduct union business. The determination as to who are appropriate labor representatives should be made by the commanding officer on recommendation of the contracting officer after consultation with local union officials. Business offices or desk space for labor organizations for solicitation of membership, collection of dues, or other business of the labor organization, not directly connected with the contract work, shall not be permitted on the installation, except for the routine functions of the working steward whose union duties are incidental to his assigned job. In the event that a commanding officer of an installation, or the contracting officer or his representative denies entry to a labor representative for any reason such officer shall notify, through channels, the Labor Advisor, DSA. Such notification shall include the reasons for denial, including (i) names, addresses of representatives denied entry, and (ii) union affiliation, if known, of such representatives.

(c) Applicability. Section 12.101 of this title and this section are applicable only within the United States, its possessions, and Puerto Rico.

§ 1212.102 Overtime, extra-pay shifts, and multi-shift work.

(a) Designees approving overtime and shift premiums under § 12.102-4 of this title and contracting officers administering overtime under contracts requiring approval of all overtime and shift premiums, will not require requests for approval to be submitted on a partial basis, such as day-to-day or week-toweek, but should require that such requests be submitted to cover the maximum period for which the need for overtime or shift premium payments can be accurately forecast.

(b) Contractors shall not be required to obtain prior approval from contracting officers for performance of overtime and shift premiums stated under exceptions in § 12.102-5 of this title. Compensation to contractors for such overtime and shift premiums is dependent upon a determination that this is allocable to the contract and is reasonable in amount.

(c) Contracting officers will inform the contractors of the identity of appropriate authorities who have been

designated to approve overtime and shift-premium payments under their contracts.

§ 1212.102-3 Procedures.

The periodic review required by § 12.102.3 (c) of this title shall be conducted at least once every six month as a minimum.

§ 1212.102-4 Approvals.

(a) Overtime approvals that were granted prior to August 15, 1962 in accordance with § 12.104-4(a) of this title may continue in effect, subject to the review requirements of paragraph (d) of this section.

(b) Heads of Procuring Activities as defined in §1.201-7 of this title and § 1201.201-14 of this subchapter are hereby designated without power of redelegation to approve overtime premiums and shift premiums at Government expense under the conditions set forth in § 12.102-4(a) of this title.

(c) Data to support determinations for overtime will normally be obtained as follows:

(1) Information to support § 12.1024(a) (1) of this title will be obtain from the authority responsible for establishing the requirement.

(2) Information to support § 12.1024(a) (ii) and (iii) of this title will normally be developed and provided by the procuring activity placing the contract.

(d) Distribution of determinations or Summary Reports: The designee making the determinations under § 12.102-4 of this title shall transmit a copy to: (1) The cognizant contracting officer; (2) The cognizant inspectors;

(3) Headquarters, DSA, Attn; DSAHPP;

(4) DoD audit activities (when the contract provides for price redetermination, incentive or cost type); and

(5) Other activities as deemed appropriate by the HPA.

(e) Approval from DSA Headquarters: Contracts requiring the approval of DSA Headquarters as required by § 1201.452 of this subchapter and which also have a predetermined requirement for overtime premiums or shift premiums at Government expense shall contain a statement that such determinations have been made. When appropriate, a copy of such determination may be submitted with the request for approval of award.

(f) Determinations made under § 12.102-4 of this title shall be reviewed

periodically but not less frequently than every sixth months to insure the continued existence of the conditions under which the determination was initially made.

§ 1212.103 Federal and State labor requirements.

(a) Requests for relaxation of labor legislation. Procuring activities shall not initiate applications to State agencies or officials for suspension or relaxation of labor standards. In addition, procuring activities shall not, formally or informally, support such applications by contractors or suppliers, unless approval of such action has been obtained under paragraph (b) of this section. Requests for approval shall not be forwarded unless the following circumstances and conditions exist:

(1) The interested supplier has filed his application with the appropriate State official charged with the enforcement of such labor standards;

(2) The products or services involved are in short supply and unless the application is granted there will be a failure to meet production schedules for critically needed military items;

(3) There are no alternative sources of supply reasonably available to furnish the military items contracted for within the period of time delivery is required;

(4) Available information indicates no practicable possibility of taking remedial action (such as recruiting, training, and more effective utilization of manpower) as an alternative to relaxation of applicable State labor standards;

(5) The apparent supply of labor and, in particular, of critical skills is limited and it is not practicable to set up new production lines or to use additional facilities as an alternative to the relief requested; and

(6) The granting of the application will not result in an excessive increase in hours of work, an unreasonable curtailment of rest and lunch periods, and undesirable impairment of working conditions, or otherwise, will not affect adversely the productivity of the facility involved.

(b) Requests for approval to support contractor's applications. Requests for authority to support an application on behalf of a contractor shall be forwarded to the Labor Advisor, DSA, and shall contain the following information:

(1) The facilities and services involved and affected;

(2) Provision or provisions of law which require relaxation;

(3) Scarcity of the material;

(4) Circumstances necessitating the relaxation (for example, a shortage in the local supply of skilled labor);

(5) Remedial action being taken by the manufacturer (for example, training, recruiting, and more effective utilization of manpower);

(6) Efforts previously made to obtain the relaxation;

(7) The most limited relaxation of State Labor standards necessary for completion of the specific work in conformity with military procurement schedules and programs, and

(8) The approximate period of time required for the completion of the work.

(c) Furnishing information to State officials. Heads of procuring activities may, consistent with limitations of security, furnish information to the appropriate State official, upon his request, as to the fact that an application for relaxation of State labor standards filed with him relates to the execution of a contract with such agency in pursuance of a military procurement program.

Subpart B-Convict Labor

§ 1212.202 Applicability.

(a) The prohibition contained in Executive Order 325A does not apply to contracts entered into between the Government and State prisons for the purchase of manufactured items, subject to all of the following limitations:

(1) That such contracts are not prohibited by the law of the State in which the prison is located;

(2) That exemption from the WalshHealey Public Contracts Act be obtained, in accordance with procedures prescribed in § 1212.651, in cases of contracts exceeding $10,000;

(3) That no purchase from a State prison or other correctional institution will be made of items contrary to the provisions of § 5.301 of this title; and

(4) That the contract is otherwise proper.

The convict labor clause prescribed by § 7.104.17 and § 12.203 of this title will be omitted from such contracts.

Subpart C-Eight-Hour Law of 1912 (Other Than Construction Contracts) § 1212.350 Administration and enforce

ment.

In investigating allegations of violations of the Eight-Hour Law on other than construction contracts, the same procedures shall be followed and the same reports made as are set forth in §§ 1212.404-7 and 1212.404-8.

Subpart D-Labor Standards in
Construction Contracts

§ 1212.401 Statutes and regulations.

To supplement Department of Labor Regulations, Part 5, Title 29, Subtitle A, Code of Federal Regulations (16 F.R. 4430 as amended), the Department of Labor has published an "Investigation and Enforcement Manual With Respect to Labor Standards Provisions Applicable to Contracts Covering Federally Financed and Assisted Construction." § 1212.403 Contract clauses.

When the DD Form 1155 (Order for Supplies or Services) is used for a negotiated construction contract in the amount of $2,000 or less the following clause will be used in lieu of the clause set forth in § 12.403-21 (1) of this title.

EIGHT-HOUR LAW:-OVERTIME
COMPENSATION (JAN. 1961)

To the extent that this contract is of a character specified in the Eight-Hour Laws, as amended (40 U.S.C. 321-326), it is subject to the provisions of said laws. (In substance, these laws provide that laborers and mechanics employed by the Contractor or his subcontractors shall be paid not less than time and a half for work in excess of 8 hours a day. Violations are punishable as prescribed in 40 U.S.C. 322-324.)

§ 1212.404 Administration and enforce

complished at the project level by the administering agency. It is important that contracting officers, contractors, and their subcontractors, be fully conversant with the labor standards provisions in their contracts. Where all parties concerned are aware of their responsibilities relating to these standards, little difficulty should be experienced in obtaining compliance through administrative processes. Two methods of conveying pertinent information to contractors are discussed in paragraph (b) of this section.

(b) Preliminary:

(1) Early conference. In order to insure that the contractor fully understands the labor standards provisions in his contract, the contracting officer should arrange for a conference with the contractor and his subcontractors as soon as possible after award of the contract, to apprise them of their obligations under the contract.

(2) Labor relations letter. Where a contractor and his subcontractors have recently, within the past 12 months, engaged in work covered by the labor standards provisions and conferred on the subject as prescribed in subparagraph (1) of this paragraph with the contracting officer, the requirement for a full discussion of labor standards matters may be waived for additional contracts during the current fiscal year. In lieu of the conference prescribed in subparagraph (1) of this paragraph, a labor relation letter reviewing the contractors obligations may be forwarded after award of the contract together with a request that copies of the letter be sent by him to each of his subcontractors. § 1212.404-2 Wage determinations.

The Secretary of Labor requires a separate request for wage rates for each contract, except where the volume of work contemplated is sufficient to warrant an "installation" or "area" determination. These determinations may be used for a period not to exceed 90 days and will be applicable to all contracts awarded at the installation within that period. During the 90 day period the Secretary of Labor may review and modify any existing determination. Modifications expire on the expiration date of the original determination.

(a) Responsibility for obtaining determinations. Heads of procuring activities

are responsible for obtaining from the Solicitor, Department of Labor, Washington 25, D.C., Attn: Wage Determination Division, all determinations of prevailing wage rates under the DavisBacon Act required in connection with the awarding of construction contracts of the DSA.

(b) Responsibility for requesting determinations. The office responsible for preparation of specifications or the awarding of contracts for projects in excess of $2,000 is responsible for requesting the appropriate predetermination of wage rates to be contained in the contract. When contract specifications are prepared, they should include a current wage determination. If the wage determination is not available when invitations for bids are issued, the specifications will contain a statement that wage rates will be supplied by addenda to the specifications. Contracting officers will not open bids on projects subject to the provisions of the Davis-Bacon Act until the requested determination of wage rates has been incorporated in the specifications. No contract, either preliminary (letter contract) or definitive, will be executed until the applicable wage determinations have been obtained. If, after a timely request for wage determinations has been made and, the Secretary of Labor has not established a wage rate for a particular classification which is to be used in the performance of a contract, the contracting officer may proIceed with the execution of the contract and establish a wage rate in accordance with 1212.404-3.

(c) Manner of requesting determinations. Requests for determination of wage rates shall be made as follows:

(1) Requests shall be forwarded (original copy only) directly to the Wage Determination Division, Department of Labor. The covering letter will include a statement covering the proposed dates for issuance of invitations and opening of bids.

(2) Form DB-11 shall be prepared in full and signed by the contracting officer. Under "Department, Agency, or Bureau” insert only Defense Supply Agency. If the project is not located within a city or village, the distance and direction from the nearest city or village will be indicated.

(3) When heavy or highway construction wage rates are requested for work located in the States of Arkansas,

Colorado, Kansas, Maine, Montana, Nebraska, New Hampshire, North Dakota, Oklahoma, South Dakota, Texas, Vermont, Wyoming, and others that may be added later, the following data shall be furnished as an attachment to the Form DB-11:

(i) Specify whether heavy or highway; (ii) Whether the proposed work is an integral part of a building construction program;

(iii) Type of work (roads, airstrips, taxiways, sidewalks, etc., or utilities, POL line, storage facilities, etc.):

(a) If roads, etc., specify if access or other, material used, length limits (from (starting point) to (termination point)).

(b) If utilities, etc., state type, extent, materials used (cast iron, transite, concrete, and clay pipe, etc., and amounts of each to be used).

(iv) Whether inside or outside the installation;

(v) Approximate cost;

(vi) Any additional information to distinguish between heavy, highway, and building construction.

(4) Should classifications not listed on the Form DB-11 be required, list and forward them in duplicate as an attachment to the Form DB-11.

(5) Requests for wage determinations must be received in the Department of Labor at least 30 days in advance of the date selected for advertising for bids.

(6) In the event emergency conditions arise before receipt of the determination, the work may be advertised with notice in the invitation for bids that the schedule of minimum wage rate to be paid under the contract will be published as an addendum to the specification. Under no circumstances may bids be opened until the wage rate has been furnished to all bidders.

(7) In cases of extreme urgency, requests for wage determinations may be forwarded to the Labor Advisor, DSA, by telephone or telegraph, and immediate steps will be taken to obtain the necessary wage rates. Reasons for requesting special or priority action must be fully explained. Such requests must include the classifications needed, cost of the work, a brief description thereof, and its location. They must be confirmed by submission of a DB-11. § 1212.404-3

Additional classifications. When the contracting officer determines that it is necessary during the performance of a contract to establish a