22.1021 Request for hearing
Source: FAR 22.1021 on acquisition.gov
FAR 22.1021 sets strict procedures and deadlines for requesting hearings on wage determinations, requiring detailed justification and timely submission to the Department of Labor.
Overview
FAR 22.1021 outlines the procedures for requesting a hearing regarding wage determinations under the Service Contract Labor Standards. It specifies who may request a hearing, the required content for such requests, and the deadlines for submission. The section distinguishes between hearings for substantial variance in wage rates and those concerning whether collective bargaining agreements were reached through arm’s length negotiations. Detailed documentation and justification must accompany each request, and strict timing requirements apply depending on the contract type.
Key Rules
- Who May Request a Hearing
- Contracting agencies or other interested parties may request a hearing on wage determination issues.
- Submission Process
- Requests must be submitted in writing through agency channels (typically the labor advisor) to the Administrator, Wage and Hour Division, Department of Labor.
- Substantial Variance Hearing Requirements
- Requests must include specific data such as wage determination numbers, agency name, service description, procurement status, detailed justification, interested parties, and any additional data required.
- Arm’s Length Hearing Requirements
- Requests must detail why the collective bargaining agreement was not reached through arm’s length negotiations, include procurement status, and list interested parties.
- Submission Deadlines
- For sealed bids: requests must be received more than 10 days before contract award. For negotiated contracts or options: before contract or option commencement, unless extraordinary circumstances exist.
Responsibilities
- Contracting Officers: Must ensure hearing requests are complete, justified, and submitted through proper channels within required timeframes.
- Contractors/Interested Parties: Must provide detailed supporting data and justification for hearing requests.
- Agencies: Oversee the process and ensure compliance with submission and documentation requirements.
Practical Implications
- This section ensures transparency and fairness in wage determinations under service contracts. Missing deadlines or incomplete submissions can forfeit the right to a hearing, so careful attention to detail and timing is critical. Proper documentation and justification are essential for successful consideration of a hearing request.
(a) A contracting agency or other interested party may request a hearing on an issue presented in 22.1013(a). To obtain a hearing for the contracting agency, the contracting officer shall submit a written request through appropriate channels (ordinarily the agency labor advisor) to—
Administrator, Wage and Hour Division
U.S. Department of Labor
Washington, DC 20210
(b) A request for a substantial variance hearing shall include sufficient data to show that the rates at issue vary substantially from those prevailing for similar services in the locality. The request shall also include-
(1) The number of the wage determinations at issue;
(2) The name of the contracting agency whose contract is involved;
(3) A brief description of the services to be performed under the contract;
(4) The status of the procurement and any estimated procurement dates, such as bid opening, contract award, and commencement date of the contract or its follow-up option period;
(5) A statement of the applicant’s case, setting forth in detail the reasons why the applicant believes that a substantial variance exists with respect to some or all of the wages and/or fringe benefits;
(6) Names and addresses (to the extent known) of interested parties; and
(7) Any other data required by the Administrator.
(c) A request for an arm’s length hearing shall include-
(1) A statement of the applicant’s case, setting forth in detail the reasons why the applicant believes that the wages and fringe benefits contained in the collective bargaining agreement were not reached as a result of arm’s length negotiations;
(2) A statement regarding the status of the procurement and any estimated procurement dates, such as bid opening, contract award, and commencement date of the contract or its follow-up option period; and
(3) Names and addresses (to the extent known) of interested parties.
(d) Unless the Administrator determines that extraordinary circumstances exist, the Administrator will not consider requests for a hearing unless received as follows:
(1) For sealed bid contracts, more than 10 days before the award of the contract; or
(2) For negotiated contracts and for contracts with provisions exceeding the initial term by option, before the commencement date of the contract or the follow-up option period.