Contract clause
Include clause 52.222-55 in solicitations and contracts with 52.222-6 or 52.222-41 when work is performed in the U.S. to ensure compliance with federal minimum wage requirements.
Overview
FAR 22.1906 requires contracting officers to include the clause at 52.222-55, "Minimum Wages for Contractor Workers Under Executive Order 14026," in solicitations and contracts that already include either the Construction Wage Rate Requirements clause (52.222-6) or the Service Contract Labor Standards clause (52.222-41), provided the work will be performed, at least in part, in the United States. This ensures that covered contracts are subject to the minimum wage requirements established by Executive Order 14026.
Key Rules
- Clause Inclusion
- The 52.222-55 clause must be inserted in applicable solicitations and contracts.
- Triggering Clauses
- Applies when either 52.222-6 (Construction Wage Rate Requirements) or 52.222-41 (Service Contract Labor Standards) is included.
- Geographic Scope
- Applies to contracts where work is performed, wholly or partially, in the United States.
Responsibilities
- Contracting Officers: Must ensure the 52.222-55 clause is included in all relevant solicitations and contracts.
- Contractors: Must comply with the minimum wage requirements set forth in the clause once incorporated.
- Agencies: Should oversee compliance with the inclusion and enforcement of the clause.
Practical Implications
- This section ensures that minimum wage protections under Executive Order 14026 are extended to workers on covered federal contracts.
- Failure to include the clause can result in noncompliance and potential contract disputes.
- Contractors should be aware that inclusion of 52.222-6 or 52.222-41 likely triggers additional wage requirements under 52.222-55.