52.222-10
Compliance with Copeland Act Requirements
Contractors on federal construction projects must strictly comply with anti-kickback and wage protection requirements under 29 CFR Part 3 as a binding contract obligation.
Overview
FAR 52.222-10 requires contractors to comply with the Copeland Act, specifically the regulations found in 29 CFR Part 3, which are incorporated by reference into applicable contracts. The Copeland Act (also known as the Anti-Kickback Act) prohibits contractors and subcontractors on federally funded or assisted construction contracts from inducing employees to give up any part of their rightful compensation. This clause ensures that contractors are aware of and adhere to these wage protection requirements as a condition of their federal contract.
Key Rules
- Incorporation of 29 CFR Part 3
- Contractors must follow all requirements set forth in 29 CFR Part 3, which governs anti-kickback protections for laborers and mechanics on federal construction projects.
- Mandatory Compliance
- Compliance with these requirements is not optional; it is a binding contractual obligation.
Responsibilities
- Contracting Officers: Must include this clause in applicable contracts and ensure contractor awareness.
- Contractors: Must fully comply with 29 CFR Part 3 requirements, ensuring no unlawful deductions or kickbacks from employee wages.
- Agencies: Oversee contractor compliance and investigate potential violations.
Practical Implications
- This clause exists to protect workers from wage theft and ensure fair compensation on federally funded construction projects.
- Contractors must be vigilant in payroll practices and avoid any actions that could be construed as kickbacks or unlawful deductions.
- Noncompliance can result in contract termination, debarment, or criminal penalties.