22.1026
Disputes concerning labor standards
Labor standards disputes under service contracts must be resolved using the procedures in FAR 52.222-41, not the general disputes clause.
Overview
FAR 22.1026 clarifies the proper procedure for handling disputes related to labor standards requirements under service contracts. Specifically, it directs that such disputes are to be resolved according to paragraph (t) of the contract clause at FAR 52.222-41 (Service Contract Labor Standards), rather than through the general disputes clause at FAR 52.233-1. This distinction ensures that labor standards issues are addressed through the specialized processes designed for them, which may involve the Department of Labor, rather than the broader contract dispute mechanisms.
Key Rules
- Labor Standards Disputes
- Disputes about labor standards must be handled under the procedures in FAR 52.222-41, not the general disputes clause.
- Exclusion from General Disputes Clause
- The general disputes clause (FAR 52.233-1) does not apply to labor standards disputes under service contracts.
Responsibilities
- Contracting Officers: Must direct labor standards disputes to the appropriate clause and ensure contractors are aware of the correct process.
- Contractors: Must follow the dispute resolution process outlined in FAR 52.222-41 for labor standards issues.
- Agencies: Ensure compliance with the proper dispute resolution procedures and coordinate with the Department of Labor as necessary.
Practical Implications
- This section exists to prevent confusion and ensure labor standards disputes are handled by the appropriate authorities and processes.
- Contractors and contracting officers must be aware of the distinction to avoid procedural errors.
- Common pitfalls include mistakenly using the general disputes process for labor standards issues, which can delay resolution and create compliance risks.