22.1903 Applicability
Source: FAR 22.1903 on acquisition.gov
FAR 22.1903 defines which contracts and workers are subject to federal minimum wage requirements, emphasizing careful identification of covered and excluded individuals for compliance.
Overview
FAR 22.1903 outlines the applicability of Subpart 22.19, which implements requirements for increasing the minimum wage for certain workers on federal contracts. This section specifies which contracts and workers are covered, as well as notable exclusions. It applies to contracts subject to the Service Contract Labor Standards (SCLS, formerly Service Contract Act) and the Wage Rate Requirements (Construction, formerly Davis-Bacon Act) statutes, provided performance occurs in whole or in part within the United States or its territories. The rule clarifies that coverage extends to all workers as defined in 22.1901, including those with disabilities and registered apprentices, regardless of their contractual relationship. However, it excludes certain FLSA-covered individuals who spend less than 20% of their time on covered work, and those exempted from FLSA minimum wage requirements, such as bona fide executives, administrators, professionals, and certain learners or students. Agency Labor Advisors are available for guidance on applicability questions.
Key Rules
- Covered Contracts
- Applies to contracts under SCLS or Davis-Bacon statutes performed in whole or in part within the U.S. or its territories.
- Covered Workers
- Includes all workers as defined in 22.1901, such as those with disabilities and registered apprentices, regardless of employment relationship.
- Exclusions
- Excludes certain FLSA-covered individuals who spend less than 20% of their time on covered work and those exempt from FLSA minimum wage requirements, unless otherwise covered by SCLS or Davis-Bacon.
- Agency Guidance
- Agency Labor Advisors are available for assistance and are listed on SAM.gov.
Responsibilities
- Contracting Officers: Ensure contracts subject to SCLS or Davis-Bacon and performed in the U.S. comply with minimum wage requirements; consult Labor Advisors as needed.
- Contractors: Identify covered workers, apply minimum wage requirements, and ensure exclusions are properly documented.
- Agencies: Provide access to Labor Advisors for compliance support.
Practical Implications
- This section ensures that minimum wage protections are extended to most workers on covered federal contracts performed in the U.S., but clarifies important exceptions. Contractors must carefully assess worker classifications and contract coverage to avoid compliance issues. Misclassification or failure to apply the correct wage standards can result in penalties or contract disputes.
(a) This subpart applies to contracts covered by the Service Contract Labor Standards statute (http://uscode.house.gov/" target="_blank">41 U.S.C. chapter 67, formerly known as the Service Contract Act, subpart 22.10), or the Wage Rate Requirements (Construction) statute (http://uscode.house.gov/" target="_blank">40 U.S.C. chapter 31, Subchapter IV, formerly known as the Davis Bacon Act, subpart 22.4), that require performance in whole or in part within the United States (the 50 States, the District of Columbia, Puerto Rico, the Northern Mariana Islands, American Samoa, Guam, the U.S. Virgin Islands, Johnston Island, Wake Island, and the outer Continental Shelf as defined in the Outer Continental Shelf Lands Act (http://uscode.house.gov/" target="_blank">43 U.S.C. 1331, et seq.)). When performance is in part within and in part outside the United States, this subpart applies to the part of the contract that is performed within the United States.
(b)
(1) This subpart applies to workers as defined at 22.1901. As provided in that definition-
(i) Workers are covered regardless of the contractual relationship alleged to exist between the contractor or subcontractor and the worker;
(ii) Workers with disabilities whose wages are calculated pursuant to special certificates issued under http://uscode.house.gov/" target="_blank">29 U.S.C. 214(c) are covered; and
(iii) Workers who are registered in a bona fide apprenticeship program or training program registered with the Department of Labor’s Employment and Training Administration, Office of Apprenticeship, or with a State Apprenticeship Agency recognized by the Office of Apprenticeship, are covered.
(2) This subpart does not apply to-
(i) Fair Labor Standards Act (FLSA)-covered individuals performing in connection with contracts covered by the E.O., i.e., those individuals who perform duties necessary to the performance of the contract, but who are not directly engaged in performing the specific work called for by the contract, and who spend less than 20 percent of their hours worked in a particular workweek performing in connection with such contracts;
(ii) Individuals exempted from the minimum wage requirements of the FLSA under http://uscode.house.gov/" target="_blank">29 U.S.C. 213(a) and http://uscode.house.gov/" target="_blank">214(a) and (b), unless otherwise covered by the Service Contract Labor Standards statute or the Wage Rate Requirements (Construction) statute. These individuals include but are not limited to-
(A) Learners, apprentices, or messengers whose wages are calculated pursuant to special certificates issued under http://uscode.house.gov/" target="_blank">29 U.S.C. 214(a);
(B) Students whose wages are calculated pursuant to special certificates issued underhttp://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3" target="_blank"> 29 U.S.C. 214(b); and
(C) Those employed in a bona fide executive, administrative, or professional capacity http://uscode.house.gov/" target="_blank">(29 U.S.C. 213(a)(1) and 29 CFR part 541).
(c) Agency Labor Advisors, as defined at 22.001, are listed at https://www.sam.gov" target="_blank">https://www.sam.gov, and are available to provide guidance and assistance with the application of this subpart.