22.406-12 Cooperation with the Department of Labor
Source: FAR 22.406-12 on acquisition.gov
Contracting agencies and officers must fully cooperate with Department of Labor investigations on construction projects and promptly share relevant information and violation notifications.
Overview
FAR 22.406-12 outlines the responsibilities of contracting agencies and officers to cooperate fully with the Department of Labor (DOL) during investigations related to labor standards on construction contracts. The regulation requires agencies to facilitate DOL access to records, workers, and information about contractors and contracts, and to promptly share relevant data when requested. Contracting officers must also stay informed about the scope of any DOL investigation and request immediate notification of any violations found under key labor statutes, including the Construction Wage Rate Requirements, Contract Work Hours and Safety Standards, and the Copeland Act.
Key Rules
- Agency Cooperation with DOL
- Agencies must allow DOL representatives to inspect records, interview workers, and conduct investigations, and must provide requested information about contractors and contracts.
- Contracting Officer Responsibilities During Investigations
- Contracting officers must determine the scope of DOL investigations at construction sites and request immediate notification of any labor law violations discovered.
Responsibilities
- Contracting Officers: Must cooperate with DOL, provide requested information, inquire about investigation scope, and request prompt notification of violations.
- Contractors: Must maintain accurate records and comply with labor standards, as their records and workers may be subject to DOL inspection.
- Agencies: Must support DOL investigations and ensure timely information sharing.
Practical Implications
- This section ensures transparency and accountability in labor standards enforcement on federal construction projects.
- Agencies and contractors must be prepared for DOL investigations and maintain proper documentation.
- Failure to cooperate or provide timely information can result in compliance issues or enforcement actions.
(a) The contracting agency shall cooperate with representatives of the Department of Labor in the inspection of records, interviews with workers, and all other aspects of investigations undertaken by the Department of Labor. When requested, the contracting agency shall furnish to the Secretary of Labor any available information on contractors, subcontractors, current and previous contracts, and the nature of the contract work.
(b) If a Department of Labor representative undertakes an investigation at a construction project, the contracting officer shall inquire into the scope of the investigation, and request to be notified immediately of any violations discovered under the Construction Wage Rate Requirements statute, the Contract Work Hours and Safety Standards statute, or the Copeland (Anti-Kickback) Act.