Subcontracts (Labor Standards)
Prime contractors must flow down key labor standards clauses to all construction subcontracts within the U.S. and submit SF 1413 forms to the Contracting Officer within 14 days of each subcontract award.
Overview
FAR 52.222-11, Subcontracts (Labor Standards), establishes requirements for prime contractors to ensure that all applicable labor standards clauses are included in subcontracts for construction, alteration, or repair work performed within the United States. The clause defines what constitutes construction, alteration, or repair, and mandates the flow-down of specific labor standards clauses to all subcontractors and lower-tier subcontractors. It also requires the use of Standard Form (SF) 1413 to document subcontractor acknowledgment of these requirements and timely submission of this form to the Contracting Officer. The prime contractor is held responsible for ensuring compliance by all subcontractors with the cited labor standards clauses.
Key Rules
- Definition of Construction, Alteration, or Repair
- Broadly defines covered work, including on-site fabrication, painting, decorating, and certain transportation activities related to the site of the work.
- Mandatory Flow-Down Clauses
- Requires prime contractors to include a list of specific labor standards clauses in all subcontracts for construction, alteration, or repair within the U.S.
- Prime Contractor Responsibility
- Holds the prime contractor responsible for ensuring all subcontractors and lower-tier subcontractors comply with the required labor standards clauses.
- SF 1413 Submission
- Mandates submission of a completed SF 1413 for each subcontract within 14 days of award, and for any subsequently awarded subcontracts, to the Contracting Officer.
- Clause Inclusion in Subcontracts
- Requires the substance of this clause to be included in all construction subcontracts within the U.S.
Responsibilities
- Contracting Officers: Must ensure inclusion of this clause in applicable contracts and receive timely SF 1413 forms.
- Contractors: Must flow down required labor standards clauses, obtain and submit SF 1413s, and ensure subcontractor compliance.
- Agencies: Oversee compliance and maintain records of SF 1413 submissions.
Practical Implications
- Ensures labor standards protections are extended to all tiers of construction subcontractors.
- Non-compliance can result in withholding of funds, contract termination, or debarment.
- Timely and accurate documentation is critical to avoid compliance issues.