be necessary to re-interview the employee at his home or at some other place away from the work site to obtain additional information. (v) Oral interview statements: An employee interview need not be recorded in a signed statement if it serves merely to confirm what the records reveal, or if the employee is unwilling to reduce his statement to writing. A record of such oral interviews will be made, however, for the case file, showing date, name, classification, and digest of the employee's remarks. (vi) Signed interview statements: A signed employee statement will not be recorded on the same sheet of paper as another signed employee statement. The principal situations which require the preparation of a signed statement arise when the interview: (a) Involves information as to hours, wages, classification, or other essential facts which are in question or missing from the records. (b) Bears on the question of falsification of records or other criteria of willingness. (c) Indicates that the employee was intimidated or forced to "kick back" any part of his compensation. (d) Yields factual evidence pertinent to any actual or possible controversy with the employer as to whether a particular violation has occurred. (vii) Preparation of interview statements; general principles: When a written statement is taken, it should be recorded as stated by the employee as nearly as possible in his own language, will be read by him, and contain a statement that it has been read and that it is correct. The investigator may restate or summarize the employee's remarks, but when he does so the statement will indicate this fact. The statement will be signed by the employee and the signature, except in mail interviews, will be witnessed by the investigator. When this statement is not signed, the investigator will show, either in the statement or in his report, the employee's reason for not signing. Any changes in a signed employee statement will be initialed by the employee. The interview will cover all the allegations of violations which the employee could be expected to be in a position to furnish information. The employee should be questioned as to whether he has ever been intimidated, threatened with dismissal, or forced to give up any part of his compensation by either his employer or any other group or agency. The interview will also cover any other details necessary to indicate accuracy of the employer's records, statements, or certifications to determine whether there has been compliance. (viii) Employee interviews where records are inadequate or inaccurate: When records are inadequate or inaccurate, the employee interviews will contain as much information as possible regarding the inadequacies or inaccuracies and hours of work. The workday, workweek, and the periods covered by the active and less active periods should be established in order that a formula or pattern can be formulated for computation of any back wages that may be due. Holiday weeks, if any, should be identified. (ix) Complainant interviews: All complaint investigations must include, except under extraordinary circumstances, an interview with the complainant. When the complaint was made in person, the complaint itself may constitute an interview and further interview or notice by letter may be postponed until the complainant can be informed that the investigation has been made and of the results insofar as the complainant is concerned. When a complainant interview is impracticable or impossible, the omission of the interview will be justified in the report of the investigation. (9) Disclosure of information to employees: During an investigation, the investigator may receive oral inquiries from employees as to the provisions of pertinent statutes, compliance with those provisions by the employer, and whether the employees may expect to receive back wages as a result of the investigation. An inquiring employee has a right to be informed of the provisions of such statutes and of his rights. He should, however, be given no information by the investigator which was obtained from an examination of the employer's records, except that the investigator may check with the employee on transcripts from the employer's records of pertinent matters. Under no circumstances may the employee be given, or allowed to make, copies of data obtained from the employer's records. The investigator will not give his opinion as to whether any back wages are due an employee because of the violations by the employer, but he may instruct the employee as to how his wages or overtime pay, if applicable, should be computed. The in vestigator may advise inquirers that his sole function as an investigator is to ascertain and to report all of the facts concerning the employer's compliance with the provisions of the statutes, that the investigation is not completed until Hq USAF, or their designated representative, has received and acted upon the facts. [28 F.R. 4133, Apr. 26, 1963, as amended at 29 F.R. 1689, Feb. 4, 1964] § 1012.404-9 Suspensions and deduc. tions of contract payments. (a) Regarding any alleged failure or refusal to pay wages due workers under the labor standards provisions of this subpart, the contracting officer will inform the prime contractor of such allegation and, upon mutual agreement that the allegations are correct, request that the contractor provide for restitution according to § 1012.404-10. If restitution is not made, and violation of the Davis-Bacon Act is alleged, action will be taken to withhold sufficient money to cover the alleged unpaid wages. If the violation involves a subcontractor, he should, if possible, be included in conferences with the prime contractor regarding particular violations in which he is involved. (b) If it is finally determined that restitution is due any worker because of violation of the Davis-Bacon Act and the contractor refuses to make restitution or is unable to locate any of the workers involved, the withheld funds will be transmitted to the GAO. Notice should be given to any workers whose address is known to file claim with the GAO. Employee applications for payment may be forwarded with the forms required by § 12.404-9 of this title; such applications should include the employee's name, address, and classification, the name of the employer, and a statement identifying the contract involved. Withholding must be accomplished even though an employee cannot be located to complete restitution. Where underpayments have been determined under the Eight Hour Laws, the pertinent contract clause provides for withholding of such amounts from construction contracts that are subject to Davis-Bacon wage provisions. However, unlike the Davis-Bacon Act, the Eight-Hour Laws do not provide for payment of such sums by the United States Government. (c) Regarding alleged violations involving liability for penalties under the Eight-Hour Laws, the contracting office should withhold from payments due to the contractor a sum sufficient to cover the estimated penalties possibly due the United States. Such an amount should continue to be withheld until action as set forth in paragraph (d) of this section is taken, or the contractor voluntarily pays the full amount of the penalties allegedly due, or the contracting officer is informed through channels that the Department of Labor has concurred in the nonassessment of penalties. (d) When investigation discloses that penalties are due the United States, the contracting officer will forward to the disbursing officer who normally makes disbursement to the contractor, a voucher indicating the amount due the contractor, the amount to be paid to the United States as penalties, and sufficient information to explain the withholding. The voucher should be separate from that used to withhold any restitution that may be due the contractor's employees. The contracting officer should retain complete information concerning the penalties, including justification therefor and method of calculation, to be furnished the disbursing officer, if requested. (e) In appropriate cases where an employer acting in good faith has inadvertently failed to pay the daily overtime compensation required by the EightHour Laws and subsequently makes delayed payment of the extra amount due his employees, a recommendation for nonassessment of penalties may be made, on the basis of the restitution constituting delayed compliance. In this connection, if any employees due daily overtime restitution cannot be located for direct payment by the contractor, the contracting officer may transmit to the General Accounting Office these moneys together with a statement of contractor acquiescence to the payment for deposit and proper disbursement to the unlocated workers as described under § 1012.40410(c). Recommendations, together with the report of investigation will be sent to the AFLO for further processing. Factual justification for the recommendations will be included. 203 (f) If the contractor does not make voluntary restitution or if any of the underpaid employees cannot be located, the funds withheld for payments due employees under the Davis-Bacon Act will be transferred to the General Accounting Office, Washington 25, D.C., on Stand ard Form 1093, “Schedule of Withholdings under the Davis-Bacon Act." If the Standard Form 1093 is transmitted to the GAO on a case in which a labor standards investigative report is forwarded to the AFLO, a note will be inIcluded on the Standard Form 1093 stating, "Investigative Report is being forwarded to the Department of Labor pursuant to 29 CFR Subchapter A, Part 5." In those cases not requiring report to AFLO, a notation will be made on the back of the Standard Form 1093 indicating the number of employees underpaid by the contractor, the number of employees paid with the amounts paid each; and the number of employees who could not be located for payment and the amounts due each. Each such statement should include a recommendation against imposition of ineligibility sanctions together with a brief explanation of such recommendations. [28 F.R. 4135, Apr. 26, 1963, as amended at 28 F.R. 8366, Aug. 15, 1963] § 1012.404-10 Restitution. (a) Regarding labor standards violations determined to have involved underpayment of wages, the contracting officer will make demand on the contractor for prompt restitution. Compensation of restitution as claimed by the contractor will be fully considered by the contracting officer. Upon completion of computation, a summary sheet listing names, addresses, and the unpaid amounts payable to the employees involved should be prepared by the contractor, a copy of which will be furnished to the contracting officer for his approval. The contracting officer will advise the contractor of the procedure which will satisfy him conclusively that proper restitution has been made, such as witnessing cash payments, furnishing canceled checks, or a Air Force liaison office Boston CMD, Boston Army Terminal, St. Louis CMD, 1114 Market St., St. certified copy of a supplemental payroll. In apparently serious cases of aggravated or willful violation or possible criminal action, if the contracting officer has any question that the consequences of such payments of restitution may prejudice the case, he will refer the matter to the AFLO with recommendations for appropriate action. (b) When a contractor wishes to make voluntary restitution but the workers involved cannot be located, the contracting officer will effect collection and send the collected money to the disbursing officer on Standard Form 1093. This form should reflect the nature of the violations, the names and last known home addresses of the workers. (c) There has been established in the General Accounting Office the Account No. 05X6022 into which collections for wage underpayments are deposited. A check drawn on the Treasurer of the United States together with Standard Form 1093 (Revised) is the method by which these collections are deposited to the Account. GAO will make appropriate disbursements to the underpaid employees to whom restitution is due, upon proper request. Inquiries from underpaid employees and/or their applications for payment should be referred to the Claims Division, General Accounting Office, Washington 25, D.C. [28 F.R. 4135, Apr. 26, 1963, as amended at 28 F.R. 8366, Aug. 15, 1963] § 1012.404-51 Air Force Liaison Offices, Department of Labor Regional Attorneys and areas of jurisdiction. Following are the address and organizational codes of AF Liaison Offices and Department of Labor Regional Attorneys and their areas of jurisdiction over AF bases and installations for the decentralized labor law enforcement procedures. [28 F.R. 4136, Apr. 26, 1963; 28 F.R. 4953, May 17, 1963, as amended at 28 F.R. 8366, Aug. 15, 1963] Subpart E-[Reserved] Subpart F-Walsh-Healey Public § 1012.604 Responsibilities of contracting officers. The contracting officer is responsible for: (a) Advising prospective contractors of possible applicable minimum wage determinations, by giving written or verbal information about such determinations in advance of or coincident with negotiated procurements, and by including the following provision in invitations for bids in the case of formally advertised procurements: LABOR INFORMATION Attention is invited to the possibility that wage determinations may have been made under the Walsh-Healey Public Contracts Act providing minimum wages for employees engaged in the manufacture for sale to the Government of the supplies covered by this Invitation for Bids. Information in this connection, as well as general information as to the requirements of the Act concerning overtime payment, child labor, safety and health provisions, etc., may be obtained from the Wage and Hour and Public Contracts Division, Department of Labor, Washington 25, D.C. Requests for information should state the Invitation number, the issuing agency and the supplies covered. (b) Insuring that contractors who are awarded contracts subject to the WalshHealey Public Contracts Act are furnished posters PC-13 (revised September 1961), entitled "Government Contract Notice to Employees." Posters will be furnished simultaneously with the making of awards or as soon thereafter as possible. If the contractor was furnished posters within a recent period, a new poster will not be necessary with each contract. All previously issued posters that bear a revision date other than September 1961 must be destroyed and replaced by the revised issue. (1) Requisitioning of posters: All purchasing activities will distribute poster PC-13 and revisions to contractors receiving awards made at their activities. Posters should be requisitioned through normal publications distribution channels. (2) Display of posters: Contracting officers administering contracts will be responsible for requiring contractors to properly display poster PC-13 whenever engaged in performing contracts to which the Walsh-Healey Public Contracts Act applies. AFSC/AFLC ACOSPCOS should use the services of AF quality control inspectors in ascertaining that the posters are displayed when required. (c) Furnishing the contractor a form letter (Form PC-12), which informs him of his responsibilities under the WalshHealey Public Contracts Act and putting him on notice that he may be liable for work done by other companies assisting him in the performance of the contract. When a contract is assigned for administration, the ACO should determine as soon as possible whether the poster (PC13) and form letter (PC-12) have been received. In instances where they have not, the ACO will supply these items to the contractor and advise the PCO of the omission and the action taken to provide them. The form letter (PC-12) should be requisitioned through normal publications distribution channels. (d) Reporting to the Department of Labor each contract except those classified Confidential or higher, that is subject to the Walsh-Healey Public Contracts Act within a few days following the award. Since contracts subject to the Walsh-Healey Public Contracts Act which are classified Confidential or higher are not reported to the Depart ment of Labor, properly authorized representatives (who possess adequate security clearance) of the Wage and Hour and Public Contracts Division will be given access to information concerning the award of such contracts where it is believed that a contractor may be violating the provisions of the Act. For reporting procedure, see § 16.803-2(c) of this title. (e) Submitting report of any violations of representations or stipulations required by the Walsh-Healey Public Contracts Act to Hq USAF (AFSPPDB) through the Staff Judge Advocate, Hq AFSC, for transmittal to the Department of Labor. [28 F.R. 8366, Aug. 15, 1963, as amended at 29 F.R. 9767, July 21, 1964, as amended at 30 F.R. 16005, Dec. 23, 1965] Subpart G-Fair Labor Standards Act of 1938 § 1012.702 Suits against Government contractors. Contractors' requests for approval of private counsel for the defense of Fair Labor Standards Act suits under Cost or Cost-Plus-a-Fixed-Fee contracts will be processed for approval action according to Part 844, Subchapter D of this chapter. [30 F.R. 16006, Dec. 23, 1965] Subpart H-Nondiscrimination in Employment § 1012.804 Requests for exemptions. The Nondiscrimination Clause represents government policy regarding equal employment opportunity (EEO) and every effort will be made through conference, conciliation, mediation, and persuasion to include said clause in all AF contracts. Requests to omit or modify the clause will be submitted only when it can be clearly established that such omission or modification is in the national interest. (a) When in negotiated procurement, an offeror who would otherwise be qualified for award refuses to accept the clause or requests a modification, and an award omitting the clause or granting such modification is considered necessary or clearly in the national interest, a request for such deviation will be forwarded through the CMR in which the firm is located to AFSC (SCKM). The deputy contracts compliance officer (DCCO) or the intergroup relations specialist (IRS) at Hq AFSC will in appropriate cases, personally or designate a qualified representative to discuss with the head of the company concerned the inclusion of the clause in the pending contract, and, if after such discussion, the firm still refuses to accept the clause, the request for deviation will be forwarded to Hq USAF (AFSPPBA) according to § 1001.109 of this subchapter. In addition to the information required by § 1001.109-51 of this subchapter, the contracting officer will include in the request for deviation the following: (1) Name and location of the offeror requesting the deviation. (2) The RFP number and the contract number if one is assigned. (3) Supplies or services to be furnished. (4) Estimated or actual schedule. delivery (5) Type of contract involved and location where it will be performed. (6) Circumstances surrounding the impracticability of including the Nondiscrimination Clause. (7) Availability of the supplies or services. (8) Urgency of the requirement. (9) Any other pertinent information available. (b) Name and title of the official contacted at the offeror's plant or office along with other pertinent details. (c) In cases processed under paragraph (a) of this section which involve purchase of utilities services falling within § 1016.501-2 of this subchapter, payment may be made without a written contract pending a final determination provided: (1) The matter has been placed in processing channels according to paragraph (a) of this section. (2) Services currently are being received. (3) No connection charge is involved. (4) The utility service supplier's rates are fixed or adjusted by a Federal, State, or other regulatory body. (5) Invoices are certified as to reasonableness of rates and services performed. (6) The utility service supplier does not require execution of a contract. (7) A contract is not deemed necessary to serve the best interests of the Government. (d) In those cases involving a connection charge or otherwise requiring a contract before payment may be made, |