Subpart 22.4
Labor Standards for Contracts Involving Construction
FAR Subpart 22.4 mandates prevailing wage and labor standards compliance for federal construction contracts, requiring contractors and agencies to ensure proper wage determinations and enforcement.
Overview
FAR Subpart 22.4 establishes the labor standards and requirements for federal contracts involving construction. It outlines the statutory and regulatory framework, including the Construction Wage Rate Requirements statute (formerly Davis-Bacon Act), and details how wage determinations are made and applied. The subpart covers definitions, applicability, required contract clauses, and the administration and enforcement of labor standards. It ensures that contractors and subcontractors on federal construction projects pay workers prevailing wages and comply with other labor protections. The subpart also provides guidance for contracting officers on incorporating wage determinations and enforcing compliance throughout the contract lifecycle.
Key Rules
- Scope and Definitions
- Clarifies which contracts are covered and defines key terms related to construction labor standards.
- Applicability
- Specifies when and to which contracts the labor standards apply, including thresholds and types of construction work.
- Statutory and Regulatory Requirements
- Details the legal basis for labor standards, including statutes and executive orders.
- Wage Determinations
- Outlines procedures for obtaining and applying wage determinations to contracts.
- Administration and Enforcement
- Describes how compliance is monitored and enforced, including reporting and investigation procedures.
- Solicitation Provisions and Clauses
- Lists required contract clauses to ensure labor standards are included in solicitations and contracts.
Responsibilities
- Contracting Officers: Must ensure proper wage determinations are included, monitor compliance, and enforce labor standards.
- Contractors: Required to pay prevailing wages, maintain records, and comply with all labor standards provisions.
- Agencies: Oversee compliance, investigate violations, and take corrective action as needed.
Practical Implications
- This subpart exists to protect workers on federal construction projects by ensuring fair wages and working conditions.
- It impacts daily contracting by requiring careful attention to wage determinations, contract clauses, and ongoing compliance.
- Common pitfalls include failing to include correct wage determinations, inadequate recordkeeping, and noncompliance with reporting requirements.