52.222-9
Apprentices and Trainees
Contractors must ensure apprentices and trainees are properly registered in approved programs and comply with wage, ratio, and fringe benefit requirements to avoid violations.
Overview
FAR 52.222-9 sets forth the requirements for employing apprentices and trainees on federal construction contracts. It allows contractors to pay apprentices and trainees less than the predetermined wage rates only if they are properly registered in approved programs and within specified ratios. The clause ensures that wage rates, ratios, and fringe benefits for apprentices and trainees align with Department of Labor (DOL) or State Apprenticeship Agency standards, and mandates compliance with equal employment opportunity laws.
Key Rules
- Apprentice Employment and Wages
- Apprentices may be paid less than the standard rate only if registered in a bona fide, DOL- or state-approved apprenticeship program, or during a certified 90-day probationary period.
- Ratio of Apprentices to Journeymen
- The number of apprentices on site cannot exceed the ratio allowed by the registered program.
- Wage Determination Compliance
- Unregistered workers or those exceeding allowed ratios must be paid at least the applicable wage determination rate for the work performed.
- Fringe Benefits
- Apprentices and trainees must receive fringe benefits as specified in their programs or, if unspecified, the full amount listed in the wage determination.
- Trainee Program Requirements
- Trainees must be registered in a DOL-approved program to be paid less than the standard rate, and must be paid according to their progress and program terms.
- Program Withdrawal
- If program approval is withdrawn, apprentices/trainees must be paid the full wage determination rate until a new program is approved.
- Equal Employment Opportunity
- All employment must comply with EEO requirements under Executive Order 11246 and 29 CFR Part 30.
Responsibilities
- Contracting Officers: Ensure inclusion of this clause in applicable contracts and monitor compliance.
- Contractors: Register apprentices/trainees in approved programs, adhere to wage, ratio, and fringe benefit requirements, and comply with EEO laws.
- Agencies: Oversee contractor compliance and respond to program approval changes.
Practical Implications
- This clause protects wage standards and prevents abuse of apprentice/trainee classifications. Contractors must maintain documentation and ensure all apprentices/trainees are properly registered and ratios are not exceeded. Noncompliance can result in wage violations and loss of program privileges.