22.401
Definitions
Accurate understanding and application of these definitions are critical for compliance with federal construction contract labor standards and wage requirements.
Overview
FAR 22.401 provides precise definitions for key terms used in Subpart 22.4, which governs labor standards for federal contracts involving construction. These definitions clarify who qualifies as an apprentice, laborer, mechanic, trainee, and what constitutes construction, alteration, or repair, as well as the "site of the work" and "public building or public work." Understanding these terms is essential for proper compliance with labor standards, wage determinations, and contract administration under federal construction contracts.
Key Rules
- Apprentice
- Must be registered in a bona fide apprenticeship program or certified as eligible for probationary employment by the Department of Labor or a recognized State agency.
- Construction, Alteration, or Repair
- Encompasses a wide range of on-site activities, including installation, painting, manufacturing, and transportation related to the project.
- Laborers or Mechanics
- Includes workers performing manual or physical work, apprentices, trainees, helpers, and certain working foremen, but excludes executive, administrative, or clerical staff.
- Site of the Work
- Covers primary and secondary sites dedicated to the contract, but excludes permanent facilities not established for the project.
- Wages
- Includes basic hourly pay and bona fide fringe benefits, but excludes benefits required by other laws.
Responsibilities
- Contracting Officers: Must ensure contract compliance with labor standards and apply these definitions when determining wage rates and labor classifications.
- Contractors: Must classify workers correctly, pay appropriate wages and fringe benefits, and ensure apprentices and trainees meet registration and certification requirements.
- Agencies: Oversee compliance and may audit or investigate to ensure proper application of definitions and labor standards.
Practical Implications
- These definitions are foundational for compliance with Davis-Bacon and related labor standards statutes.
- Misclassification of workers or misunderstanding of "site of the work" can lead to wage violations and contract disputes.
- Contractors must maintain documentation for apprentices, trainees, and wage payments to demonstrate compliance during audits or investigations.