Part 22 Application of Labor Laws to Government Acquisitions
Source: FAR 22 on acquisition.gov
FAR Part 22 ensures that all federal contracts comply with key labor laws, protecting workers’ rights and mandating contractor adherence to wage, safety, and nondiscrimination standards.
Overview
FAR Part 22, "Application of Labor Laws to Government Acquisitions," establishes the comprehensive framework for applying federal labor laws and related requirements to government contracts. This part covers a wide range of labor standards, including wage determinations, overtime, equal employment opportunity, nondiscrimination, use of convict labor, service contract labor standards, construction labor standards, and protections against forced labor and human trafficking. It also addresses requirements for project labor agreements, employment eligibility verification, minimum wage for contractors, and paid sick leave. FAR Part 22 is organized into subparts, each focusing on a specific labor law or policy area, providing definitions, applicability, required contract clauses, and procedures for compliance and enforcement. The part ensures that contractors and contracting officers understand their obligations to uphold labor standards and worker protections in federal acquisitions.
Key Rules
- Labor Standards and Wage Determinations
- Establishes requirements for prevailing wage rates, overtime, and fringe benefits for service and construction contracts.
- Equal Employment and Nondiscrimination
- Mandates equal opportunity, prohibits discrimination based on age, disability, or veteran status, and requires affirmative action programs.
- Prohibitions and Worker Protections
- Prohibits use of forced or child labor, mandates notification of employee rights, and combats human trafficking.
- Contract Clauses and Enforcement
- Requires inclusion of specific labor-related clauses in contracts and outlines procedures for enforcement, reporting, and dispute resolution.
Responsibilities
- Contracting Officers: Must ensure inclusion of appropriate labor clauses, obtain wage determinations, monitor compliance, and report violations.
- Contractors: Must comply with all applicable labor standards, maintain required records, provide notifications, and cooperate with investigations.
- Agencies: Oversee compliance, coordinate with the Department of Labor, and enforce labor standards through audits and corrective actions.
Practical Implications
- FAR Part 22 exists to ensure federal contracts uphold fair labor practices and worker protections.
- It impacts daily contracting by requiring careful attention to labor law compliance, proper documentation, and timely reporting.
- Common pitfalls include failing to include required clauses, improper wage determinations, or inadequate recordkeeping, which can lead to penalties or contract termination.
Subpart 22.1 - Basic Labor Policies
22.101-2 Contract pricing and administration.
22.101-3 Reporting labor disputes.
22.101-4 Removal of items from contractors’ facilities affected by work stoppages.
22.102 Federal and State labor requirements.
Subpart 22.3 - Contract Work Hours and Safety Standards Act
22.302 Liquidated damages and overtime pay.
22.303 Administration and enforcement.
22.304 Variations, tolerances, and exemptions.
Subpart 22.4 - Labor Standards for Contracts Involving Construction
22.403 Statutory, Executive Order, and regulatory requirements.
22.403-1 Construction Wage Rate Requirements statute.
22.403-3 Contract Work Hours and Safety Standards.
22.403-4 Executive Orders 13658 and 14026.
22.403-5 Executive Order 13706.
22.403-6 Department of Labor regulations involving construction.
22.404 Construction Wage Rate Requirements statute wage determinations.
22.404-1 Types of wage determinations.
22.404-2 General requirements.
22.404-3 Procedures for requesting wage determinations.
22.404-4 Solicitations issued without wage determinations for the primary site of the work.
22.404-5 Expiration of project wage determinations.
22.404-6 Modifications of wage determinations.
22.404-7 Correction of wage determinations containing clerical errors.
22.404-8 Notification of improper wage determination before award.
22.404-9 Award of contract without required wage determination.
22.404-10 Posting wage determinations and notice.
22.404-11 Wage determination appeals.
22.406 Administration and enforcement.
22.406-2 Wages, fringe benefits, and overtime.
22.406-3 Additional classifications.
22.406-4 Apprentices and trainees.
22.406-6 Payrolls and statements.
22.406-9 Withholding from or suspension of contract payments.
22.406-10 Disposition of disputes concerning construction contract labor standards enforcement.
22.406-11 Contract terminations.
22.406-12 Cooperation with the Department of Labor.
22.406-13 Semiannual enforcement reports.
22.407 Solicitation provision and contract clauses.
Subpart 22.5 - Use of Project Labor Agreements for Federal Construction Projects
22.504 General requirements for project labor agreements.
22.505 Solicitation provision and contract clause.
Subpart 22.6 - Contracts for Materials, Supplies, Articles, and Equipment
22.602 Statutory requirements.
22.604-1 Statutory exemptions.
22.604-2 Regulatory exemptions.
22.605 Rulings and interpretations of the statute.
Subpart 22.8 - Equal Employment Opportunity
22.804 Affirmative action programs.
22.810 Solicitation provisions and contract clauses.
Subpart 22.9 - Nondiscrimination Because of Age
Subpart 22.10 - Service Contract Labor Standards
22.1002 Statutory and Executive order requirements.
22.1002-2 Wage determinations based on prevailing rates.
22.1002-3 Wage determinations based on collective bargaining agreements.
22.1002-4 Application of the Fair Labor Standards Act minimum wage.
22.1002-5 Executive Orders 13658 and 14026.
22.1002-6 Executive Order 13706.
22.1003-2 Geographical coverage of the Act.
22.1003-3 Statutory exemptions.
22.1003-4 Administrative limitations, variations, tolerances, and exemptions.
22.1003-5 Some examples of contracts covered.
22.1003-6 Repair distinguished from remanufacturing of equipment.
22.1003-7 Questions concerning applicability of the Service Contract Labor Standards statute.
22.1004 Department of Labor responsibilities and regulations.
22.1006 Solicitation provisions and contract clauses.
22.1007 Requirement to obtain wage determinations.
22.1008 Procedures for obtaining wage determinations.
22.1008-1 Obtaining wage determinations.
22.1008-2 Successorship with incumbent contractor collective bargaining agreement.
22.1009 Place of performance unknown.
22.1009-2 Attempt to identify possible places of performance.
22.1009-3 All possible places of performance identified.
22.1009-4 All possible places of performance not identified.
22.1010 Notification to interested parties under collective bargaining agreements.
22.1012 Applicability of revisions to wage determinations.
22.1012-1 Prevailing wage determinations.
22.1012-2 Wage determinations based on collective bargaining agreements.
22.1013 Review of wage determination.
22.1014 Delay over 60 days in bid opening or commencement of work.
22.1015 Discovery of errors by the Department of Labor.
22.1016 Statement of equivalent rates for Federal hires.
22.1018 Notification to contractors and employees.
22.1019 Additional classes of service employees.
22.1022 Withholding of contract payments.
22.1023 Termination for default.
22.1024 Cooperation with the Department of Labor.
22.1025 Ineligibility of violators.
22.1026 Disputes concerning labor standards.
Subpart 22.11 - Professional Employee Compensation
22.1103 Policy, procedures, and solicitation provision.
Subpart 22.13 - Equal Opportunity for Veterans
22.1306 Department of Labor notices and reports.
22.1307 Collective bargaining agreements.
22.1309 Actions because of noncompliance.
22.1310 Solicitation provision and contract clauses.
Subpart 22.14 - Employment of Workers with Disabilities
22.1404 Department of Labor notices.
22.1405 Collective bargaining agreements.
22.1407 Actions because of noncompliance.
Subpart 22.15 - Prohibition of Acquisition of Products Produced by Forced or Indentured Child Labor
22.1504 Violations and remedies.
22.1505 Solicitation provision and contract clause.
Subpart 22.16 - Notification of Employee Rights Under the National Labor Relations Act
22.1604 Compliance evaluation and complaint investigations and sanctions for violations.
Subpart 22.17 - Combating Trafficking in Persons
22.1704 Violations and remedies.
22.1705 Solicitation provision and contract clause.
Subpart 22.18 - Employment Eligibility Verification
Subpart 22.19 - Increasing the Minimum Wage for Contractors
22.1904 Annual Executive Order Minimum Wage Rate.
22.1905 Enforcement of Executive Order Minimum Wage Requirements.
Subpart 22.21 - Establishing Paid Sick Leave For Federal Contractors
22.2105 Paid sick leave for Federal contractors and subcontractors.
22.2108 Multiemployer plans or other funds, plans, or programs.
22.2109 Enforcement of Executive Order 13706 paid sick leave requirements.