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Section 222.406-1: Policy.

    (a) General. The program shall also include-

      (i) Training appropriate contract administration, labor relations, inspection, and other labor standards enforcement personnel in their responsibilities; and

      (ii) Periodic review of field enforcement activities to ensure compliance with applicable regulations and instructions.

    (b) Preconstruction letters and conferences.

      (1) Promptly after award of the contract, the contracting officer shall provide a preconstruction letter to the prime contractor. This letter should accomplish the following, as appropriate-

        (A) Indicate that the labor standards requirements contained in the contract are based on the following statutes and regulations-

          (1) Davis-Bacon Act;

          (2) Contract Work Hours and Safety Standards Act;

          (3) Copeland (Anti-Kickback) Act;

          (4) Parts 3 and 5 of the Secretary of Labor's Regulations (Parts 3 and 5, Subtitle A, Title 29, CFR); and

          (5) Executive Order 11246 (Equal Employment Opportunity);

        (B) Call attention to the labor standards requirements in the contract which relate to-

          (1) Employment of foremen, laborers, mechanics, and others;

          (2) Wages and fringe benefits payments, payrolls, and statements;

          (3) Differentiation between subcontractors and suppliers;

          (4) Additional classifications;

          (5) Benefits to be realized by contractors and subcontractors in keeping complete work records;

          (6) Penalties and sanctions for violations of the labor standards provisions; and

          (7) The applicable provisions of FAR 22.403; and

        (C) Ensure that the contractor sends a copy of the preconstruction letter to each subcontractor.

      (2) Before construction begins, the contracting officer shall confer with the prime contractor and any subcontractor designated by the prime to emphasize their labor standards obligations under the contract when-

        (A) The prime contractor has not performed previous Government contracts;

        (B) The prime contractor experienced difficulty in complying with labor standards requirements on previous contracts; or

        (C) It is necessary to determine whether the contractor and its subcontractors intend to pay any required fringe benefits in the manner specified in the wage determination or to elect a different method of payment. If the latter, inform the contractor of the requirements of FAR 22.406-2.




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