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

Forms and supporting documents for this ICR

Document	Type	Status	Availability
Form SF 1413 Statement And Acknowledgment	Form and Instruction	Unchanged	Available
Form SF 1413 Subcontracts (Labor Standards); SF 1413	Form and Instruction	Unchanged	Repair queued
Form SF 1444 Request For Authorization Of Additional Classification And Rate	Form and Instruction	Unchanged	Available
Form SF 1444 Notice to the Government of Labor Disputes; SF 1444	Form and Instruction	Unchanged	Missing upstream
9000-0066 PRA Supporting Statement Part A 3.6.2024 (1).docx	Supporting Statement A	Uploaded 2024-04-02	Repair queued

IC Document Collections

Information collection document groups

IC ID	Collection	Type	Status	Form
36531	Payment for Overtime Premiums		Modified
266441	Notice of Requirement for Project Labor Agreement		New
252301	Project Labor Agreement		Modified
252296	Certification Regarding Knowledge of Child Labor for Listed End Products - May offer end products on DOL list		Unchanged
235066	Evaluation of Compensation for Professional Employees		Unchanged
235065	Notice of Requirement for Project Labor Agreement		Removed
235064	Certification Regarding Knowledge of Child Labor for Listed End Products - Does not offer end products on DOL list		Unchanged
235063	Subcontracts (Labor Standards); SF 1413	Form and Instruction	Unchanged	Statement And Acknowledgment
235063	Subcontracts (Labor Standards); SF 1413	Form and Instruction	Unchanged
235062	Notice to the Government of Labor Disputes; SF 1444	Form and Instruction	Unchanged	Request For Authorization Of Additional Classification And Rate
235062	Notice to the Government of Labor Disputes; SF 1444	Form and Instruction	Unchanged

ICR Details

OMB Control No: 9000-0066	ICR Reference No: 202403-9000-005
Status: Active	Previous ICR Reference No: 202310-9000-003
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: Revision of a currently approved collection	Common Form ICR:  No
Type of Review Request: Regular
OIRA Conclusion Action: Approved without change	Conclusion Date: 05/06/2024
Retrieve Notice of Action (NOA)	Date Received in OIRA: 04/02/2024
Terms of Clearance:

table that charts list comparision

	Inventory as of this Action	Requested	Previously Approved
Expiration Date	05/31/2027	36 Months From Approved	05/31/2025
Responses	619,557	0	619,350
Time Burden (Hours)	107,496	0	21,403
Cost Burden (Dollars)	11,474,791	0	1,034,495

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Abstract: This clearance covers the information that offerors and contractors must submit to comply with the following 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 Standard Form (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 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 PLA (a pre-hire collective bargaining agreement described in 29 U.S.C. 158(f)) is required for a large-scale construction project within the United States for which the total estimated cost of the construction contract to the Federal Government is $35 million or more, 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. Subcontractors are required to become a party to the resulting PLA. An agency may require the use of a PLA on projects where the total cost to the Federal Government is less than $35 million, if appropriate. ● FAR 52.222-34, Project Labor Agreement. When a PLA is required for a large-scale construction project within the United States for which the total estimated cost of the construction contract to the Federal Government is $35 million or more, this clause requires the contractor to maintain the PLA in a current state throughout the life of the contract. The requirement for a PLA flows down to all subcontracts with subcontractors engaged in construction on the construction project. ● 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 51044	08/19/2022
30-day Notice:	Federal Register Citation:	Citation Date:
	89 FR 22151	03/29/2024
Did the Agency receive public comments on this ICR? Yes

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

table that charts list of burden

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 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 Acknowledgment

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ICR Summary of Burden

table that charts list of burden

	Total Approved	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	619,557	619,350	0	264	-57	0
Annual Time Burden (Hours)	107,496	21,403	0	86,150	-57	0
Annual Cost Burden (Dollars)	11,474,791	1,034,495	0	10,443,032	-2,736	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: No

Burden Reduction Due to:

Short Statement: FAR Case 2022-003, Use of Project Labor Agreements for Federal Construction Projects, revised the information collection requirements as described in the final rule preamble, and this supporting statement. The estimated number of respondents and responses per year is based on the average of FPDS data for fiscal years 2019-2021. Only the burden for the FAR provision at 52.222-33, and the FAR clause at 52.222-34 is affected by this revision. All other FAR part 22 sections affected by OMB Control # 9000-0066 remain the same as previously approved. • 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. The application of the provision is revised to apply to large-scale construction contracts identified in FPDS and expanded to recognize IDIQ contracts and the resultant ability to require or not require PLAs on an order-by-order basis under the IDIQ. As a result, the number of contracts and respondents has increased to a range of 120 - 215. The higher end of the range, 215 respondents and 400 hours per response, was used for the estimated information collection burden for this FAR provision. • FAR 52.222-34. This clause has a recordkeeping requirement, not a reporting requirement. The burden for the recordkeeping requirements in the clause at FAR 52.222-34 related to recordkeeping responsibilities for PLAs are accounted for separately from the information collection requirements in the provision at FAR 52.222-33. FPDS does not provide information on when PLA’s may be required, however, the Government is using a range to estimate the number of PLAs that will be required from a low of 60 (50 percent) to a high of 107 (90 percent). As a result, the recordkeeping requirements apply to 60 – 107 respondents. The higher end of the range, 107 respondents, was used for the estimated information collection burden for this FAR clause.

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Annual Cost to Federal Government: $616,399

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: 04/02/2024

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