22.1021
Request for hearing
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.