22.305 Contract clause
Source: FAR 22.305 on acquisition.gov
Include the overtime compensation and safety standards clause (52.222-4) in contracts involving laborers or mechanics, unless a specific exemption applies.
Overview
FAR 22.305 requires contracting officers to include the clause at 52.222-4, "Contract Work Hours and Safety Standards—Overtime Compensation," in solicitations and contracts that may involve the employment of laborers or mechanics. This clause ensures compliance with overtime compensation and safety standards under the Contract Work Hours and Safety Standards Act (CWHSSA). However, there are several exceptions where the clause should not be included, such as contracts valued at or below $200,000, contracts for commercial products or services, transportation or intelligence transmission contracts, contracts performed outside specified U.S. jurisdictions, contracts covered solely by 41 U.S.C. chapter 65, contracts for supplies with only incidental services, and contracts exempted by the Secretary of Labor's regulations.
Insert the clause at 52.222-4, Contract Work Hours and Safety Standards-Overtime Compensation, in solicitations and contracts (including, for this purpose, basic ordering agreements) when the contract may require or involve the employment of laborers or mechanics. However, do not include the clause in solicitations and contracts-
(a) Valued at or below $200,000;
(b) For commercial products and commercial services;
(c) For transportation or the transmission of intelligence;
(d) To be performed outside the United States, Puerto Rico, 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/view.xhtml?req=granuleid:USC-prelim-title43-section1331&num=0&edition=prelim" target="_blank">43 U.S.C. 1331) (29 CFR5.15);
(e) ) For work to be done solely in accordance with http://uscode.house.gov/view.xhtml?req=granuleid%3AUSC-prelim-title41-chapter65&saved=%7CZ3JhbnVsZWlkOlVTQy1wcmVsaW0tdGl0bGU0MC1jaGFwdGVyMzctZnJvbnQ%3D%7C%7C%7C0%7Cfalse%7Cprelim&edition=prelim" target="_blank">41 U.S.C. chapter 65, (see subpart 22.6);
(f) For supplies that include incidental services that do not require substantial employment of laborers or mechanics; or
(g) Exempt under regulations of the Secretary of Labor (29 CFR5.15).