22.402
Applicability
FAR 22.402 defines when federal labor standards apply to construction activities, ensuring contractors and agencies correctly identify covered work and avoid compliance errors.
Overview
FAR 22.402 outlines when the labor standards requirements of Subpart 22.4 apply to federal contracts involving construction work. It clarifies the types of construction activities and contract scenarios that trigger these requirements, as well as specific exclusions. The section distinguishes between contracts primarily for construction and nonconstruction contracts that include substantial construction work, providing detailed guidance on applicability based on the nature, location, and segregation of the work involved.
Key Rules
- Applicability to Construction Contracts
- Labor standards apply if construction is performed at a specific site by laborers and mechanics, including on-site fabrication, demolition, and painting.
- Exclusions from Applicability
- Off-site manufacturing, incidental construction tied to research and development, railroad employees under the Railway Labor Act, and employees at permanent off-site facilities are excluded.
- Nonconstruction Contracts with Construction Work
- Labor standards apply if the contract includes substantial, segregable construction work on a public building or work, exceeding the monetary threshold.
- Exclusions for Nonconstruction Contracts
- Incidental or non-segregable construction work does not trigger the requirements.
Responsibilities
- Contracting Officers: Must determine if the contract or portions thereof meet the criteria for labor standards applicability and ensure proper clauses are included.
- Contractors: Must comply with labor standards when their work falls within the defined scope, especially for on-site construction activities.
- Agencies: Oversee compliance and ensure correct application of labor standards to relevant contracts.
Practical Implications
- This section helps contracting professionals identify when labor standards apply, preventing misapplication or omission of required wage determinations. It impacts contract structuring, clause inclusion, and compliance monitoring. Common pitfalls include misclassifying incidental construction or failing to recognize segregable construction work in nonconstruction contracts.