Certain Federal Acquisition Regulation Part 22 Labor Requirements--FAR Sections Affected: 52.222-2, 52.222-6, 52.222-11, 52.222-18, 52.222-33, 52.222-34, 52.222-46, and SF 1413 and 1444

Forms and Documents

Document Name	Status
Form SF 1413 Subcontracts (Labor Standards); SF 1413 Form and Instruction	Modified
Form SF 1444 Notice to the Government of Labor Disputes; SF 1444 Form and Instruction	Modified
9000-0066 Supporting Statement 2022.03.15.docx Supporting Statement A	2022-03-21

IC Document Collections

IC ID	Document Title	Status
36531	Payment for Overtime Premiums	Modified
252301	Project Labor Agreement	New
252296	Certification Regarding Knowledge of Child Labor for Listed End Products - May offer end products on DOL list	New
235066	Evaluation of Compensation for Professional Employees	Modified
235065	Notice of Requirement for Project Labor Agreement	Modified
235064	Certification Regarding Knowledge of Child Labor for Listed End Products - Does not offer end products on DOL list	Modified
235063	Subcontracts (Labor Standards); SF 1413 Form and Instruction	Modified
235062	Notice to the Government of Labor Disputes; SF 1444 Form and Instruction	Modified

ICR Details

OMB Control No: 9000-0066	ICR Reference No: 202203-9000-004
Status: Received in OIRA	Previous ICR Reference No: 201902-9000-002
Agency/Subagency: FAR	Agency Tracking No:
Title: Certain Federal Acquisition Regulation Part 22 Labor Requirements--FAR Sections Affected: 52.222-2, 52.222-6, 52.222-11, 52.222-18, 52.222-33, 52.222-34, 52.222-46, and SF 1413 and 1444
Type of Information Collection: Extension without change of a currently approved collection	Common Form ICR:  No
Type of Review Request: Regular	Date Submitted to OIRA: 03/21/2022

	Requested	Previously Approved
Expiration Date	36 Months From Approved	03/31/2022
Responses	619,350	93,423
Time Burden (Hours)	21,403	20,799
Cost Burden (Dollars)	1,034,495	1,090,912

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Abstract: This clearance covers the information that offerors and contractors must submit to comply with the following Federal Acquisition Regulation (FAR) part 22 labor 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. • FAR 52.222-6, Construction Wage Rate Requirements, and the 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 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. • 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. • 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 Department of Labor (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. • FAR 52.222-33, Notice of Requirement for Project Labor Agreement. When a project labor agreement (PLA) (a pre-hire collective bargaining agreement described in 29 U.S.C. 158(f)) is required for a large-scale construction contract, 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. • FAR 52.222-34, Project Labor Agreement. When a PLA is required for a construction contract, this clause requires the contractor to maintain the PLA in a current state throughout the life of the contract. • 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.

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Authorizing Statute(s): None

Citations for New Statutory Requirements: None

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Associated Rulemaking Information
RIN:	Stage of Rulemaking:	Federal Register Citation:	Date:
	Not associated with rulemaking

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Federal Register Notices & Comments
60-day Notice:	Federal Register Citation:	Citation Date:
	87 FR 1413	01/11/2022
30-day Notice:	Federal Register Citation:	Citation Date:
	87 FR 16000	03/21/2022
Did the Agency receive public comments on this ICR? No

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Number of Information Collection (IC) in this ICR: 8

IC Title	Form No.	Form Name
Certification Regarding Knowledge of Child Labor for Listed End Products - Does not offer end products on DOL list
Certification Regarding Knowledge of Child Labor for Listed End Products - May offer end products on DOL list
Evaluation of Compensation for Professional Employees
Notice of Requirement for Project Labor Agreement
Notice to the Government of Labor Disputes; SF 1444	SF 1444	Request for Authorization of Additional Classification and Rate
Payment for Overtime Premiums
Project Labor Agreement
Subcontracts (Labor Standards); SF 1413	SF 1413	Statement and Acknowledgement

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ICR Summary of Burden

	Total Request	Previously Approved	Change Due to New Statute	Change Due to Agency Discretion	Change Due to Adjustment in Estimate	Change Due to Potential Violation of the PRA
Annual Number of Responses	619,350	93,423	0	525,927	0	0
Annual Time Burden (Hours)	21,403	20,799	0	604	0	0
Annual Cost Burden (Dollars)	1,034,495	1,090,912	0	-56,417	0	0

Burden increases because of Program Change due to Agency Discretion: Yes

Burden Increase Due to: Miscellaneous Actions

Burden decreases because of Program Change due to Agency Discretion: Yes

Burden Reduction Due to: Cutting Redundancy

Short Statement: Significant revisions and adjustments made to the public and Government burden estimates are as follows: • Current Data and Information. Where the estimated number of respondents and responses per year is based on the average of FPDS data for the three most recent fiscal years (2018 through 2020). The parameters for data pulled from FPDS for each clause or provision is consistent with the prescription, which may have resulted in changes to the number of respondents and average contracts per respondent for the individual burden estimates. In addition, the hourly rates used to calculate the costs per hour are based on use of the current (calendar year 2021) OPM GS wage rates the rest of the United States. • FAR 52.222-6. Since DOL OMB Control No. 1235-0023 covers the burden associated with gather and processing/analyzing the information that supports completion of the SF 1444, this supporting statement now covers only the burden associated with completion of the form itself. • FAR 52.222-18. SAM was recently updated to require an offeror to provide the certification in paragraph (c)(1) or (c)(2) of the provision. The offeror is unable to register if they fail to provide this certification. As such, this supporting statement now covers the time it takes all 521,313 SAM registrants to provide the required certification. For the few registrants that “may” provide an end product on DOL’s list, the registrant must spend more time reviewing their products offerings before making the certification. As such, the burden estimate for the certification at (c)(2) is increased from six minutes to 30 minutes per response. However, the amount of time it takes for all other registrants to quickly certify in paragraph (c)(1) that they do not provide covered end products is estimated to be just over a minute and the certification is assumed to be completed by someone with a lower hourly rate. In addition, since all registrants have to certify to be an active SAM registrant and considered for award, a contracting officer would only need to validate an offerors certification in the extremely rare circumstance that the offeror is not required to be registered in SAM and is not already registered. Therefore, the Government burden estimate is for one response from the minimum number of respondents specified at 5 CFR 1320.3(c). • FAR 52.222-33. The prior supporting statement assumed that 45 service contracts per year (11.6 percent of the FY 17 service contracts) may require a PLA. Since FPDS does not provide information on when PLA’s may be required, the current supporting statement relies on the number of notices published in SAM contract opportunities that cited “52.233-33” (an average of 57 notices per year) to estimate how many potential contracts per year may require a PLA. • FAR 52.222-34. This clause has a recordkeeping requirement, not a reporting requirement. As such, the burden for the recordkeeping requirements in the clause at FAR 52.222-34 related to PLAs are now accounted for in this supporting statement separate from the information collection requirements in the provision at FAR 52.222-33. • FAR 52.222-46. There is no recordkeeping requirement in this solicitation provision. As such, the burden for recordkeeping is removed and the hourly rate that was previously used to estimate recordkeeping is the hourly rate that is now used for the reporting requirement.

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Annual Cost to Federal Government: $1,330,031

Does this IC contain surveys, censuses, or employ statistical methods? No

Does this ICR request any personally identifiable information (see OMB Circular No. A-130 for an explanation of this term)? Please consult with your agency's privacy program when making this determination.     No

Does this ICR include a form that requires a Privacy Act Statement (see 5 U.S.C. §552a(e)(3))? Please consult with your agency's privacy program when making this determination.     No

Is this ICR related to the Affordable Care Act [Pub. L. 111-148 & 111-152]? No

Is this ICR related to the Dodd-Frank Wall Street Reform and Consumer Protection Act, [Pub. L. 111-203]? No

Is this ICR related to the American Recovery and Reinvestment Act of 2009 (ARRA)? No

Is this ICR related to the Pandemic Response? No

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Common Form ICR:  No

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On behalf of this Federal agency, I certify that the collection of information encompassed by this request complies with 5 CFR 1320.9 and the related provisions of 5 CFR 1320.8(b)(3).

The following is a summary of the topics, regarding the proposed collection of information, that the certification covers:

(a) It is necessary for the proper performance of agency functions;

(b) It avoids unnecessary duplication;

(c) It reduces burden on small entities;

(d) It uses plain, coherent, and unambiguous language that is understandable to respondents;

(e) Its implementation will be consistent and compatible with current reporting and recordkeeping practices;

(f) It indicates the retention periods for recordkeeping requirements;

(g) It informs respondents of the information called for under 5 CFR 1320.8 (b)(3) about:

(i) Why the information is being collected;

(ii) Use of information;

(iii) Burden estimate;

(iv) Nature of response (voluntary, required for a benefit, or mandatory);

(v) Nature and extent of confidentiality; and

(vi) Need to display currently valid OMB control number;

(h) It was developed by an office that has planned and allocated resources for the efficient and effective management and use of the information to be collected.

(i) It uses effective and efficient statistical survey methodology (if applicable); and

(j) It makes appropriate use of information technology.

If you are unable to certify compliance with any of these provisions, identify the item by leaving the box unchecked and explain the reason in the Supporting Statement.

Certification Date: 03/21/2022

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