Apprentices and trainees
Contractors must properly classify and compensate apprentices and trainees according to contract requirements, or risk having misclassifications corrected and higher wage rates enforced by the contracting officer.
Overview
FAR 22.406-4 outlines the responsibilities of contracting officers in reviewing contractor compliance with regulations regarding apprentices and trainees on government contracts. The section ensures that contractors properly classify and compensate apprentices and trainees according to the requirements set forth in the contract clauses, specifically referencing 52.222-8 (Payrolls and Basic Records) and 52.222-9 (Apprentices and Trainees). The contracting officer must verify that employment and payment records are accurate and that any classification of employees as apprentices or trainees meets regulatory standards. If a contractor fails to comply, the contracting officer is required to reject improper classifications and mandate payment at the correct wage rates for the work performed.
Key Rules
- Review of Records
- Contracting officers must examine contractor payroll and employment records to ensure compliance with apprentice and trainee requirements.
- Enforcement of Proper Classification
- If employees are misclassified as apprentices or trainees without meeting regulatory requirements, the contracting officer must correct the classification and ensure proper wage payment.
Responsibilities
- Contracting Officers: Review records, enforce proper classification, and require corrective action if noncompliance is found.
- Contractors: Maintain accurate records, properly classify apprentices and trainees, and pay correct wage rates as per contract clauses.
- Agencies: Oversee contracting officer actions and ensure compliance with labor standards.
Practical Implications
- This section exists to prevent wage underpayment and misclassification of workers on federal contracts.
- It impacts daily contract administration by requiring diligent record review and enforcement.
- Common pitfalls include improper classification of workers and failure to maintain or provide accurate records.