22.001 Definitions
Source: FAR 22.001 on acquisition.gov
Determine whether a contract’s principal purpose is providing U.S. services through service employees, then verify applicable exemptions and wage determinations using the relevant Part 22 provisions and SAM.gov resources.
Overview
FAR 22.001 defines key terms used in Part 22, particularly for applying the Service Contract Labor Standards (SCLS) to government service contracts. These definitions help contracting professionals determine which contracts and workers may fall within the labor standards framework and where to obtain wage determinations.
Key Rules
- Service contract and service employee
- A service contract is a Government contract or subcontract whose principal purpose is furnishing services in the United States through service employees, except where exempted by 41 U.S.C. chapter 67. A service employee is generally a person performing the contract, excluding bona fide executive, administrative, or professional employees as defined in 29 CFR part 541. The definition applies regardless of an alleged contractual relationship between the individual and a contractor or subcontractor.
- Labor administration and wage-determination resources
- The Administrator is the Department of Labor’s Wage and Hour Division Administrator or an authorized representative. An agency labor advisor advises agency officials on federal contract labor matters. The e98 application is used by contracting officers to request SCLS wage determinations from the Wage and Hour Division; SAM.gov provides wage determinations for both SCLS and construction labor standards.
Responsibilities
- Contracting officers: Use e98 to submit pertinent information and request SCLS wage determinations when needed.
- Contractors: Assess whether work and personnel fall within the service-contract definitions and review applicable wage determinations and exemptions.
- Agencies: Use labor advisors for labor-matter advice; the Department of Labor administers the Wage and Hour Division functions described here.
Practical Implications
These definitions guide whether Part 22’s service-contract labor rules may apply to a contract or subcontract. Do not rely solely on how a worker’s relationship is described in a contract; consider the person’s role and the regulatory definitions. Consult the referenced provisions and regulations for coverage details and exemptions.
Administrator or "Administrator, Wage and Hour Division," as used in this part, means the—
Administrator
Wage and Hour Division
U.S. Department of Labor
Washington, DC 20210
or an authorized representative.
Agency labor advisor means an individual responsible for advising contracting agency officials on Federal contract labor matters.
e98 means the Department of Labor’s approved electronic application ( https://www.sam.gov" target="_blank">https://www.sam.gov ), whereby a contracting officer submits pertinent information to the Department of Labor and requests a Service Contract Labor Standards statute wage determination directly from the Wage and Hour Division.
Service contract means any Government contract, or subcontract thereunder, the principal purpose of which is to furnish services in the United States through the use of service employees, except as exempted by http://uscode.house.gov/view.xhtml?req=granuleid%3AUSC-prelim-title41-chapter67&saved=%7CZ3JhbnVsZWlkOlVTQy1wcmVsaW0tdGl0bGU0MC1jaGFwdGVyMzctZnJvbnQ%3D%7C%7C%7C0%7Cfalse%7Cprelim&edition=prelim" target="_blank">41 U.S.C. chapter 67, Service Contract Labor Standards; see 22.1003-3 and 22.1003-4). See 22.1003-5 and 29 CFR 4.130 for a partial list of services covered by the Service Contract Labor Standards statute.
Service employee means any person engaged in the performance of a service contract other than any person employed in a bona fide executive, administrative, or professional capacity, as those terms are defined in 29 CFR part 541. The term "service employee" includes all such persons regardless of any contractual relationship that may be alleged to exist between a contractor or subcontractor and such persons.
Wage Determinations at SAM.gov means the Government internet website for both Construction Wage Rate Requirements statute and Service Contract Labor Standards statute wage determinations available at https://www.sam.gov" target="_blank">https://www.sam.gov.