22.1003-1
General
FAR 22.1003-1 requires that all service contracts in the U.S. using service employees are covered by Service Contract Labor Standards, regardless of contract type or title, unless specifically exempted.
Overview
- FAR 22.1003-1 establishes the general applicability of Subpart 22.10, which implements the Service Contract Labor Standards (formerly the Service Contract Act). It clarifies that these rules apply to all government contracts and subcontracts whose main purpose is to provide services in the United States using service employees, unless specifically exempted by other sections (22.1003-3 or 22.1003-4). The regulation emphasizes that the contract’s purpose—not its title, type, or structure—determines coverage under this subpart.
Key Rules
- Applicability to Service Contracts
- Applies to all contracts and subcontracts for furnishing services in the U.S. through service employees, unless exempted.
- Exemptions
- Exemptions are detailed in sections 22.1003-3 and 22.1003-4.
- Contract Form Irrelevant
- The name, type, or form of the contract does not affect whether the regulation applies; only the principal purpose matters.
Responsibilities
- Contracting Officers: Must determine if the principal purpose of a contract is to furnish services and apply this subpart accordingly; must check for exemptions.
- Contractors: Must comply with Service Contract Labor Standards if their contract’s main purpose is furnishing services in the U.S. using service employees.
- Agencies: Ensure oversight and correct application of the regulation regardless of contract nomenclature or structure.
Practical Implications
- This section ensures that service contracts are covered by labor standards protections, regardless of how the contract is labeled or structured. Contractors and contracting officers must focus on the actual work being performed, not just contract titles. Common pitfalls include misclassifying contracts or overlooking coverage due to contract form or structure.