22.403
Statutory, Executive Order, and regulatory requirements
FAR 22.403 identifies the core labor standards and wage protections that apply to federal construction contracts, requiring strict compliance with statutory, executive order, and regulatory mandates.
Overview
FAR 22.403 outlines the key statutory, executive order, and regulatory requirements that apply to federal construction contracts. This section serves as a reference point for the major labor standards and wage protections that contractors and contracting officers must observe when engaging in construction work for the federal government. It lists the primary laws and executive orders governing wage rates, hours of work, safety standards, and other labor protections, as well as the Department of Labor regulations that implement these requirements.
Key Rules
- Construction Wage Rate Requirements Statute (Davis-Bacon Act)
- Mandates prevailing wage rates for laborers and mechanics on federal construction projects.
- Copeland Act
- Prohibits kickbacks from wages and requires contractors to submit weekly payrolls.
- Contract Work Hours and Safety Standards Act
- Sets overtime pay requirements and safety standards for construction work.
- Executive Orders 13658 and 14026
- Establish minimum wage rates for federal contractors and subcontractors.
- Executive Order 13706
- Requires paid sick leave for employees working on federal contracts.
- Department of Labor Regulations
- Provides detailed rules and procedures for implementing the above statutes and executive orders.
Responsibilities
- Contracting Officers: Ensure contracts include all required labor standards clauses and monitor compliance.
- Contractors: Comply with wage, hour, safety, and reporting requirements; maintain accurate payroll records.
- Agencies: Oversee enforcement and coordinate with the Department of Labor as needed.
Practical Implications
- This section ensures that all federal construction contracts adhere to established labor standards, protecting workers and ensuring fair competition.
- Contractors must be diligent in understanding and implementing these requirements to avoid penalties, back wages, or contract termination.
- Common pitfalls include misclassification of workers, failure to pay prevailing wages, and incomplete payroll documentation.