22.102-2 Administration
Source: FAR 22.102-2 on acquisition.gov
Agencies and contractors must actively cooperate with DOL employment services and comply with key federal labor statutes, consulting the Wage and Hour Division as needed.
Overview
FAR 22.102-2 outlines the administrative responsibilities of agencies and contractors regarding federal and state labor requirements. It emphasizes cooperation with the Department of Labor’s Employment and Training Administration (DOLETA) and local State Employment Service offices to meet labor needs, particularly for staffing new or expanding facilities. The section also clarifies the Department of Labor’s authority over key labor statutes, including wage, hour, and safety standards, and directs contracting officers to consult the Wage and Hour Division’s regional offices for guidance and compliance with these laws.
Key Rules
- Cooperation with DOLETA and Local Offices
- Agencies must encourage contractors to use DOLETA and local employment offices to fulfill labor requirements, leveraging local and federal resources for recruitment.
- Role of State Employment Offices
- Contractors should work with local State Employment Service offices, which support recruitment and help maintain national and local assessments of workforce needs.
- DOL Enforcement Authority
- The Department of Labor administers and enforces major labor statutes affecting federal contracts, including wage rates, work hours, safety, and service contract standards.
- Consultation with Wage and Hour Division
- Contracting officers must contact the Wage and Hour Division’s regional offices for issues related to these statutes, unless otherwise directed.
Responsibilities
- Contracting Officers: Facilitate contractor cooperation with DOLETA and local employment offices; consult Wage and Hour Division regional offices as needed.
- Contractors: Utilize DOLETA and State Employment Service offices for labor recruitment; comply with DOL-administered labor statutes.
- Agencies: Oversee contractor compliance and support national workforce assessment efforts.
Practical Implications
- This section ensures contractors have access to government-supported labor resources and clarifies DOL’s enforcement role. It helps prevent labor shortages, supports compliance with wage and safety laws, and provides clear points of contact for labor-related issues. Common pitfalls include failing to engage with employment offices or misunderstanding DOL’s enforcement authority.
(a) Agencies shall cooperate with, and encourage contractors to use to the fullest extent practicable, the DOL Employment and Training Administration (DOLETA) at http://www.doleta.gov" target="_blank">http://www.doleta.gov, and its affiliated local offices in meeting contractors' labor requirements. These requirements may be to staff new or expanding plant facilities, including requirements for workers in all occupations and skills from local labor market areas or through the Federal-State employment clearance system.
(b) Local State employment offices are operated throughout the United States, Puerto Rico, Guam, and the U.S. Virgin Islands. In addition to providing recruitment assistance to contractors, cooperation with the local State Employment Service offices will further the national program of maintaining continuous assessment of manpower requirements and resources on a national and local basis.
(c)
(1) The U.S. Department of Labor is responsible for the administration and enforcement of the Occupational Safety and Health Act. The Department of Labor's Wage and Hour Division is responsible for administration and enforcement of numerous wage and hour statutes including-
(i) http://uscode.house.gov/view.xhtml?req=granuleid%3AUSC-prelim-title40-chapter31&saved=%7CZ3JhbnVsZWlkOlVTQy1wcmVsaW0tdGl0bGU0MC1jaGFwdGVyMzctZnJvbnQ%3D%7C%7C%7C0%7Cfalse%7Cprelim&edition=prelim" target="_blank">40 U.S.C. chapter 31, subchapter IV, Wage Rate Requirements (Construction);
(ii) http://uscode.house.gov/view.xhtml?req=granuleid%3AUSC-prelim-title40-chapter37&saved=%7CZ3JhbnVsZWlkOlVTQy1wcmVsaW0tdGl0bGU0MC1jaGFwdGVyMzctZnJvbnQ%3D%7C%7C%7C0%7Cfalse%7Cprelim&edition=prelim" target="_blank">40 U.S.C. chapter 37, Contract Work Hours and Safety Standards;
(iii) The Copeland Act (http://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title18-section874&num=0&edition=prelim" target="_blank">18 U.S.C. 874 and http://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title40-section3145&num=0&edition=prelim" target="_blank">40 U.S.C. 3145);
(iv) http://uscode.house.gov/view.xhtml?req=granuleid%3AUSC-prelim-title41-chapter65&saved=%7CZ3JhbnVsZWlkOlVTQy1wcmVsaW0tdGl0bGU0MC1jaGFwdGVyMzctZnJvbnQ%3D%7C%7C%7C0%7Cfalse%7Cprelim&edition=prelim" target="_blank">41 U.S.C. chapter 65, Contracts for Materials, Supplies, Articles, and Equipment Exceeding $10,000;
(v) 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.
(2) Contracting officers should contact the Wage and Hour Division’s regional offices when required by the subparts relating to these statutes unless otherwise specified. Addresses for these offices may be found at 29 CFR 1, Appendix B.