NOAA Acquisition Manual

Main Table of Contents

Subchapter D- Socioeconomic Programs


Part 1330-22 Application of Labor Laws to Government Acquisitions

Subpart 1330-22.000-70 Implementation of NOAA Policy on Sexual Assault and Sexual Harassment Prevention and Response when Contracting for Services

Subpart 1330-22.4 Labor Standards for Contracts Involving Construction

1330-22.406 Administration and Enforcement

1330-22.406-2 Wage, Fringe Benefits, and Overtime

Subpart 1330-22.10 Service Contract Labor Standards

1330-22.1002 Statutory Requirements

1330-22.1002-1 General

Subpart 1330-22.13 Equal Opportunity for Veterans

1330-22.1308 Complaint Procedures

Subpart 1330-22.14 Employment of Workers with Disabilities

1330-22.1406 Complaint Procedures



Part 1330-22 Application of Labor Laws to Government Acquisitions

Subpart 1330-22.000-70 Implementation of NOAA Policy on Sexual Assault and Sexual Harassment Prevention and Response when Contracting for Services

(a)  This policy implements NOAA Administrative Order (NAO) 202-1106, NOAA Sexual Assault and Sexual Harassment Prevention and Response Policy (26 Feb 2018), as it pertains to contractor employees in the performance of service contracts as set forth below.

For the purposes of this policy, the term contract includes orders (e.g. purchase orders, task orders, or calls).

 

  1. Contracts for services (except for services for the use of vessels).
  1. As set forth in the NAO, the NOAA policy to maintain a work environment free from sexual assault and sexual harassment is applicable to contractor employees. As prescribed by 1330-22.000-70(b)(1), the contracting officer shall insert the solicitation and contract language located at 1330-52.222-70, NOAA Sexual Assault and Sexual Harassment Prevention and Response Policy.

  2. The NAO requires contractor employees to complete mandatory training on sexual assault and sexual harassment prevention and response. This training, which must include specific required elements, shall be provided by the contractor to contractor employees assigned to perform under the contract initial in- processing and annually thereafter, as applicable. A link to the required training elements is provided at: http://www.ago.noaa.gov/quicklinks/harassment_training.html.

    Additional resources to assist the contractor will be provided by the NOAA Workplace Violence Program Manager. The contractor’s training outline is subject to periodic review by the NOAA Workplace Violence Program Manager, Contracting Officer’s Representative (COR), and/or contracting officer (CO) to ensure all NOAA required elements are addressed.

  3. The COR or CO for the contract shall ensure that the contractor provides evidence (by name and date completed) that the contractor employees performing on the contract have completed the mandatory training required (1) after initial contract award or the date a contractor employee is assigned to perform under the contract and (2) annually thereafter during the term of the contract in accordance with the timeframe established in the solicitation and contract language. The evidence of the initial and annual (where applicable) training completion shall be retained in the COR file/contract file.

  4. In the case of a reported incident of sexual assault or sexual harassment involving a contractor employee, the CO and COR (if assigned) shall work together with the contractor to ensure appropriate action is taken in accordance with applicable laws and regulations, contract terms and conditions, and the contractor’s written policy (where applicable). This may involve contacting the NOAA Civil Rights Office and/or the NOAA Workforce Management Office. When handling such an incident, care must be taken to ensure there is no appearance of personal services or an employer-employee relationship between the Government and the contractor In addition, if the incident involving a contractor employee also involves a NOAA employee, the CO and COR must follow the guidance set forth under NAO 202-1106, as it pertains to NOAA employees.

  5. Contractor and/or contractor employee violations of Federal requirements applicable to sexual assault and sexual harassment and/or failure to complete the mandatory training requirements set forth in the solicitation and contract language, may result in one or more remedies available to the Government.

 

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  1. Contracts for services for the use of vessels.
  1. The NAO, in its entirety, applies to all contractor employee crew members performing aboard a vessel secured for use under a NOAA contract. As prescribed by 1330-22.000-70(b)(2), the contracting officer shall insert the solicitation and contract language located at 1330-52.222-71 NOAA Sexual Assault and Sexual Harassment Prevention and Response Policy Applicable to Crew Members of Vessels under NOAA Contract or Order.
  2. The NAO requires contractor employees to complete mandatory training on sexual assault and sexual harassment prevention and response. Contractor employees identified as crew members under the contract for the use of a vessel(s) will receive NOAA-provided initial training on sexual assault and sexual harassment prevention and response, as well as drug and alcohol awareness. For vessels at sea for more than 12 months, annual training is required and will be provided by NOAA. Documentation of initial and annual (where applicable) training completion must be retained in the contract file.
  3. A copy of the NAO will be provided by NOAA to contractor employee crew members upon initial boarding of the vessel. Contractor employee crew members will verify receipt of the NAO by signature. The signature page will be submitted to the Commanding Officer/Operations Officer of the vessel.
  4. Contractor and/or contractor employee violations of Federal requirements applicable to sexual assault and sexual harassment may result in one or more remedies available to the Government.

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 (b)  Solicitation and Contract Language.

  1. Insert the solicitation and contract language located at 1330-52.222-70, NOAA Sexual Assault and Sexual Harassment Prevention and Response Policy (May 2018), in all solicitations and contracts that include services, except for services for the use of vessels.

  2. Insert the solicitation and contract language located at 1330-52.222-71, NOAA Sexual Assault and Sexual Harassment Prevention and Response Policy Applicable to Crew Members of Vessels under NOAA Contract or Order (May 2018), in all solicitations and contracts that include services for the use of vessels.

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Subpart 1330-22.4 Labor Standards for Contracts Involving Construction

1330-22.406 Administration and Enforcement

1330-22.406-2 Wages, Fringe Benefits, and Overtime

(b)(2) Prior to submitting any questions related to wages, fringe benefits, and overtime for final determination to the U.S. Department of Labor (DOL), obtain OGC Labor Law Division review and HCO concurrence.

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Subpart 1330-22.10 Service Contract Labor Standards

1330-22.1002 Statutory Requirements

1330-22.1002-1 General

(a) For job classifications that are not in a previously approved DOL wage determination, provide a list of job classifications in the solicitation that will be considered for purposes of evaluating the contractors’ proposals. See the DOL Wage and Hour Division for wage determinations.

(b) If the acquisition is performance-based and labor categories are not cited by the Government in the solicitation, a statement in Section L should reflect that a wage determination will be added by amendment after receipt of proposals, or at the time of contract award, should the place of performance be at the awardee’s location.

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Subpart 1330-22.13 Equal Opportunity for Veterans

1330-22.1308 Complaint Procedures

(a) Forward any complaints received about the administration of the Act to the SBPO.

Subpart 1330-22.14 Employment of Workers with Disabilities

1330-22.1406 Complaint Procedures

(a) Forward any complaints received about the administration of the Act to the SBPO.

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