Application of Labor Laws to Government Acquisitions
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.