Compliance with Construction Wage Rate Requirements and Related Regulations
Contractors on federal construction projects must comply with all Department of Labor wage rate rulings and interpretations as incorporated by reference into their contracts.
Overview
FAR 52.222-13 requires contractors on construction contracts to comply with all rulings and interpretations of the Construction Wage Rate Requirements (formerly known as the Davis-Bacon Act) and related statutes as outlined in 29 CFR parts 1, 3, and 5. By incorporating these regulations by reference, the clause ensures that contractors are legally bound to follow federal wage determinations, labor standards, and reporting requirements applicable to construction work funded by the federal government. This clause is mandatory for inclusion in applicable construction contracts, reinforcing the government's commitment to fair labor standards and wage protections for workers on federal projects.
Key Rules
- Incorporation by Reference
- All rulings and interpretations in 29 CFR parts 1, 3, and 5 are made part of the contract, making them enforceable obligations for the contractor.
- Mandatory Compliance
- Contractors must adhere to all wage rate requirements and related regulations as interpreted by the Department of Labor.
Responsibilities
- Contracting Officers: Must include this clause in applicable construction contracts and ensure contractor awareness.
- Contractors: Must comply with all incorporated wage rate requirements and related regulations.
- Agencies: Oversee contractor compliance and address violations or disputes.
Practical Implications
- This clause ensures that contractors are aware of and legally obligated to follow federal wage and labor standards on construction projects.
- Failure to comply can result in penalties, contract termination, or debarment.
- Contractors should familiarize themselves with the referenced CFR parts and maintain documentation to demonstrate compliance.