22.001 Definitions
Source: FAR 22.001 on acquisition.gov
FAR 22.001 sets the baseline definitions that determine when service contract labor rules apply, who is covered, and how contracting officers obtain the correct wage determinations.
Overview
- FAR 22.001 provides core definitions used throughout FAR Part 22, which governs the application of labor laws to Government acquisitions.
- Its purpose is to establish consistent meaning for key labor-related terms that affect wage determinations, service contract coverage, and agency labor compliance processes.
Key Rules
- Administrator / Administrator, Wage and Hour Division
- Refers to the Administrator of the Department of Labor’s Wage and Hour Division, or an authorized representative, who is the responsible labor authority for matters covered in this part.
- Agency labor advisor and e98
- An agency labor advisor advises contracting officials on Federal contract labor matters. The e98 is the approved electronic application in SAM.gov used by contracting officers to request Service Contract Labor Standards wage determinations from the Department of Labor.
- Service contract and service employee
- A service contract is a Government contract or subcontract principally for furnishing services in the United States through service employees, unless exempt. A service employee is generally any worker performing on such a contract, except bona fide executive, administrative, or professional employees as defined in 29 CFR part 541.
- Wage Determinations at SAM.gov
- This is the Government website where contracting professionals access wage determinations under both the Construction Wage Rate Requirements and Service Contract Labor Standards statutes.
Responsibilities
- Contracting Officers: Use the correct definitions to determine labor statute coverage and request wage determinations through SAM.gov when required.
- Contractors: Properly classify covered workers and understand when service employees are subject to labor standards.
- Agencies: Rely on labor advisors and Department of Labor guidance to ensure consistent application of labor laws.
Practical Implications
- These definitions matter because they determine whether labor standards apply, which workers are covered, and how wage determinations are obtained.
- Misclassifying a contract as non-service or workers as exempt can create wage liability, contract noncompliance, and disputes.
- Contractors and contracting officers should use these terms early in acquisition planning and contract administration.
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.