22.403-6 Department of Labor regulations involving construction
Source: FAR 22.403-6 on acquisition.gov
Federal construction contracts must comply with specific Department of Labor regulations covering wages, hours, anti-kickback rules, and worker protections, with questions referred to the DOL Wage and Hour Division.
Overview
FAR 22.403-6 outlines the Department of Labor (DOL) regulations that apply to federal construction contracts. It references specific parts of Title 29 of the Code of Federal Regulations (CFR) that set standards for wage rates, anti-kickback protections, enforcement procedures, appeals processes, minimum wage, and paid sick leave for federal contractors. The section directs contracting professionals to follow these DOL regulations and clarifies that any questions about wage determinations or regulatory interpretation should be referred to the DOL's Wage and Hour Division.
Key Rules
- DOL Regulations Incorporated
- Contractors must comply with DOL regulations in 29 CFR Parts 1, 3, 5, 6, 7, 10, and 13, covering wage rates, anti-kickback requirements, enforcement, appeals, minimum wage, and paid sick leave.
- Referral of Questions
- All questions regarding wage determinations or regulatory interpretation must be directed to the DOL Wage and Hour Division.
Responsibilities
- Contracting Officers: Ensure contracts reference and enforce compliance with applicable DOL regulations; refer questions to DOL as needed.
- Contractors: Adhere to wage, hour, anti-kickback, and leave requirements; maintain and submit required payroll and compliance records.
- Agencies: Oversee contractor compliance and coordinate with DOL for regulatory interpretation or disputes.
Practical Implications
- This section ensures federal construction contracts are governed by uniform labor standards and protections.
- Contractors must be familiar with multiple DOL regulations and maintain robust compliance documentation.
- Failure to comply can result in enforcement actions, appeals, or contract penalties.
(a) Under the statutes and Executive orders referred to in 22.403 and Reorganization Plan No. 14 of 1950 (3 CFR 1949-53 Comp., p. 1007), the Secretary of Labor has issued regulations in Title 29, Subtitle A, Code of Federal Regulations, prescribing standards and procedures to be observed by the Department of Labor and the Federal contracting agencies. Those standards and procedures applicable to contracts involving construction are implemented in this subpart.
(b) The Department of Labor regulations include-
(1) Part 1, relating to Construction Wage Rate Requirements statute minimum wage rates;
(2) Part 3, relating to the Copeland (Anti-Kickback) Act and requirements for submission of weekly statements of compliance and the preservation and inspection of weekly payroll records;
(3) Part 5, relating to enforcement of the–
(i) Construction Wage Rate Requirements statute;
(ii) Contract Work Hours and Safety Standards statute; and
(iii) Copeland (Anti-Kickback) Act;
(4) Part 6, relating to rules of practice for appealing the findings of the Administrator, Wage and Hour Division, in enforcement cases under the various labor statutes, and by which Administrative Law Judge hearings are held;
(5) Part 7, relating to rules of practice by which contractors and other interested parties may appeal to the Department of Labor Administrative Review Board, decisions issued by the Administrator, Wage and Hour Division, or administrative law judges under the various labor statutes;
(6) Part 10, relating to establishing a minimum wage for Federal contractors; and
(7) Part 13, relating to establishing paid sick leave for Federal contractors.
(c) Refer all questions relating to the application and interpretation of wage determinations (including the classifications therein) and the interpretation of the Department of Labor regulations in this subsection to the Administrator, Wage and Hour Division.