WO SUPPLEMENT 6309.32-2016-1 6309.32_4G22 EFFECTIVE DATE: 03/22/2016

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WO SUPPLEMENT 6309.32-2016-1

EFFECTIVE DATE: 03/22/2016

DURATION: This supplement is effective until superseded or removed.

6309.32_4G22

Page 1 of 2

FSH 6309.32 - FEDERAL ACQUISITION REGULATION

CHAPTER 4G22 - APPLICATION OF LABOR LAWS TO GOVERNMENT ACQUISITIONS

Table of Contents

4G22 - APPLICATION OF LABOR LAWS TO GOVERNMENT ACQUISITION ............ 2

4G22.18 - Employment Eligibility Verification ..................................................................... 2

4G22.18-002 - Policy - Labor Intensive Contracts ................................................................. 2

WO SUPPLEMENT 6309.32-2016-1

EFFECTIVE DATE: 03/22/2016

DURATION: This supplement is effective until superseded or removed.

6309.32_4G22

Page 2 of 2

FSH 6309.32 - FEDERAL ACQUISITION REGULATION

CHAPTER 4G22 - APPLICATION OF LABOR LAWS TO GOVERNMENT ACQUISITIONS

4G22 - APPLICATION OF LABOR LAWS TO GOVERNMENT ACQUISITION

4G22.18 - Employment Eligibility Verification

4G22.18-002 - Policy - Labor Intensive Contracts

(1) In addition to the requirements of FAR 52.222-50, Combating Trafficking in

Persons and 52.222-54, Employment Eligibility Verification, the Immigration and

Nationality Act (INA) (8 USC 1324a) makes it unlawful for an employer to hire unauthorized aliens. The H-2B provisions of the Immigration and Nationality Act

(INA) provide for the admission of nonimmigrants to the U.S. to perform temporary labor or services. Employers hiring workers under this program are required to be registered by the Department of Labor through either a paper application or through the iCERT on-line filing system. Refer to the Office of Foreign Labor Certification for additional information.

(2) The Migrant Seasonal Agricultural Workers Protection Act (MSPA) is a separate program from the H-2B program. The MSPA covers all workers falling under the definition of a migrant seasonal worker and can be U.S. citizens or H-2B workers.

Contracting Officers shall ensure language is included in all solicitations and contracts predominately for manual forestry or agricultural work including, but not limited to, tree planting, brush cleaning, pre-commercial tree thinning, noxious weed spraying in connection with the growing of crops/trees, and forest firefighting.

(3) Forest Service Law Enforcement Officers (LEO) and Forest Service Special

Agents (SA) have authority and cooperative agreements with other investigative agencies to assist with investigations. Provide the Contractor Employee Lists to the local LEO and SA on labor-intensive contracts and include LEO/SA in the pre-work meetings when possible.

(4) Additional information is available from U.S. Department of Labor, Wage, and

Hour Division.

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