22.404-11
Wage determination appeals
FAR 22.404-11 provides a formal process for appealing construction wage determinations, requiring parties to seek reconsideration before petitioning the Administrative Review Board.
Overview
FAR 22.404-11 outlines the process for appealing wage determinations made under the Construction Wage Rate Requirements statute. If a contracting agency or other interested party disagrees with a final wage determination by the Department of Labor, they may seek reconsideration by the Administrator under 29 CFR 1.8. If reconsideration is denied, the party may then file a petition for review with the Administrative Review Board (ARB) following the procedures in 29 CFR Part 7. The ARB is responsible for making final decisions on such appeals. This process ensures that there is a formal mechanism for challenging wage determinations that affect federal construction contracts.
Key Rules
- Administrative Review Board (ARB) Jurisdiction
- The ARB decides appeals of final wage determination decisions made by the Department of Labor.
- Appeal Prerequisites
- A petition for review can only be filed after reconsideration by the Administrator has been sought and denied.
- Appeal Procedures
- Appeals must follow the procedures outlined in 29 CFR Part 7.
Responsibilities
- Contracting Officers: Must inform interested parties of their right to appeal and ensure proper procedures are followed.
- Contractors: May initiate or participate in appeals if adversely affected by a wage determination.
- Agencies: May file appeals and must comply with ARB decisions.
Practical Implications
- This section provides a clear path for challenging wage determinations, which can impact labor costs and contract pricing.
- Understanding the appeal process is crucial for timely and effective challenges.
- Failure to follow the correct procedures or prerequisites can result in dismissal of the appeal.