52.222-11 Subcontracts (Labor Standards)
Source: FAR 52.222-11 on acquisition.gov
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.
As prescribed in 22.407(a), insert the following clause:
Subcontracts (Labor Standards) (May 2014)
(a) Definition. "Construction, alteration or repair," as used in this clause, means all types of work done by laborers and mechanics employed by the construction Contractor or construction subcontractor on a particular building or work at the site thereof, including without limitation-
(1) Altering, remodeling, installation (if appropriate) on the site of the work of items fabricated off-site;
(2) Painting and decorating;
(3) Manufacturing or furnishing of materials, articles, supplies, or equipment on the site of the building or work;
(4) Transportation of materials and supplies between the site of the work within the meaning of paragraphs (a)(1)(i) and (ii) of the "site of the work" as defined in the FAR clause at 52.222-6, Construction Wage Rate Requirements of this contract, and a facility which is dedicated to the construction of the building or work and is deemed part of the site of the work within the meaning of paragraph (2) of the "site of the work" definition; and
(5) Transportation of portions of the building or work between a secondary site where a significant portion of the building or work is constructed, which is part of the "site of the work" definition in paragraph (a)(1)(ii) of the FAR clause at 52.222-6, Construction Wage Rate Requirements, and the physical place or places where the building or work will remain (paragraph (a)(1)(i) of the FAR clause at 52.222-6, in the "site of the work" definition).
(b) The Contractor shall insert in any subcontracts for construction, alterations and repairs within the United States the clauses entitled-
(1) Construction Wage Rate Requirements;
(2) Contract Work Hours and Safety Standards-Overtime Compensation (if the clause is included in this contract);
(3) Apprentices and Trainees;
(4) Payrolls and Basic Records;
(5) Compliance with Copeland Act Requirements;
(6) Withholding of Funds;
(7) Subcontracts (Labor Standards);
(8) Contract Termination-Debarment;
(9) Disputes Concerning Labor Standards;
(10) Compliance with Construction Wage Rate Requirements and Related Regulations; and
(11) Certification of Eligibility.
(c) The prime Contractor shall be responsible for compliance by any subcontractor or lower tier subcontractor performing construction within the United States with all the contract clauses cited in paragraph (b).
(d)
(1) Within 14 days after award of the contract, the Contractor shall deliver to the Contracting Officer a completed https://www.gsa.gov/forms-library/statement-and-acknowledgment" target="_blank">Standard Form (SF) 1413, Statement and Acknowledgment, for each subcontract for construction within the United States, including the subcontractor’s signed and dated acknowledgment that the clauses set forth in paragraph (b) of this clause have been included in the subcontract.
(2) Within 14 days after the award of any subsequently awarded subcontract the Contractor shall deliver to the Contracting Officer an updated completed https://www.gsa.gov/forms-library/statement-and-acknowledgment" target="_blank">SF 1413 for such additional subcontract.
(e) The Contractor shall insert the substance of this clause, including this paragraph (e) in all subcontracts for construction within the United States.
(End of clause)