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NMCARS

NMCARS

Change Number: NMCARS Change 18-22
Effective Date: 07/11/2022

Subpart 5222.4 - LABOR STANDARDS FOR CONTRACTS INVOLVING CONSTRUCTION

Subpart 5222.4 - LABOR STANDARDS FOR CONTRACTS INVOLVING CONSTRUCTION

5222.406 Administration and enforcement.

5222.406-1 Policy.

(a) The contracting officer shall respond promptly to any complaint received alleging labor standards violations on construction contracts. Allegations of Wage Rate Requirements (Construction) or Contract Work Hours and Safety Standards statute violations shall be investigated and resolved in accordance with established procedures. Allegations of other labor violations (e.g., safety and health, undocumented workers, discrimination) shall be referred to the appropriate enforcement agency (e.g., Occupational Safety and Health Administration, Office of Immigration and Customs Enforcement, Equal Employment Opportunity Commission). The NAVFACENGCOM Labor Advisor shall be notified via email at NAVFAC_Labor_Advisor@navy.mil of investigations that disclose particularly egregious violations (e.g., significant underpayment of wages or benefits due workers, extensive falsification of records, findings of willful violation, and recommendations for debarment).

5222.406-8 Investigations.

(d) Contracting officer's report. (1) For NAVFACENGCOM contracts, the contracting officer's report shall be forwarded to NAVFACENGCOMHQ via email at NAVFAC_Labor_Advisor@navy.mil . For all other contracts, forward the report to DASN(P) by email at NavyLaborAdvisor@navy.mil with the subject “DFARS 222.406-8 – Labor Standards Compliance: Contracting Officer’s Report.”

(2)(iv) Forward the report to the Attorney General of the United States via DASN(P) by email at NavyLaborAdvisor@navy.mil with the subject “DFARS 222.406-8 – Labor Standards Compliance: Contracting Officer’s Report – Attorney General Notification.” DASN(P) will notify the Administrator, Wage and Hour Division.

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