FAR 22.001—Definitions.
Plain-English Summary
FAR 22.001 supplies the core definitions used throughout FAR Part 22, which governs labor standards on federal contracts. This section defines who the key DOL official is for wage-and-hour matters, who the agency labor advisor is, what e98 is and how it is used to request Service Contract Labor Standards wage determinations, what counts as a service contract, who qualifies as a service employee, and what is meant by Wage Determinations at SAM.gov. These definitions matter because they determine when labor standards apply, who is covered, and how contracting officers obtain the wage determinations needed to build compliant solicitations and contracts. In practice, the definitions control whether a procurement falls under the Service Contract Labor Standards statute, whether workers must receive prevailing wages and fringe benefits, and which online system is used to access or request wage determinations. They also help distinguish covered service employees from exempt executive, administrative, and professional personnel. For contractors and contracting officers, this section is the starting point for deciding whether labor standards clauses, wage determinations, and related compliance actions are required.
Key Rules
Administrator definition
The term refers to the Administrator of the Wage and Hour Division, U.S. Department of Labor, or an authorized representative. This is the DOL official responsible for administering wage-and-hour matters under this part.
Agency labor advisor role
An agency labor advisor is the individual who advises contracting agency officials on federal contract labor matters. The definition identifies the internal labor specialist who helps the agency interpret and apply labor standards requirements.
e98 wage request system
e98 is DOL’s approved electronic application in SAM.gov that a contracting officer uses to submit information and request a Service Contract Labor Standards wage determination directly from the Wage and Hour Division. It is the formal electronic channel for obtaining certain wage determinations.
Service contract coverage
A service contract is any government contract or subcontract whose principal purpose is to furnish services in the United States through the use of service employees, unless an exemption applies under 41 U.S.C. chapter 67. Coverage depends on the principal purpose of the work and whether the services are performed in the United States.
Service employee definition
A service employee is any person performing on a service contract except someone employed in a bona fide executive, administrative, or professional capacity under 29 CFR part 541. The definition applies regardless of how the contractor or subcontractor characterizes the relationship.
Wage Determinations at SAM.gov
This term means the government website at SAM.gov where Construction Wage Rate Requirements and Service Contract Labor Standards wage determinations are available. Contracting officers and contractors use this site to locate applicable wage determinations.
Responsibilities
Contracting Officer
Determine whether the procurement is a service contract covered by the Service Contract Labor Standards statute, identify whether service employees are involved, and use e98 in SAM.gov to request the appropriate wage determination when required. The contracting officer must also rely on Wage Determinations at SAM.gov to obtain current wage information for solicitation and contract administration.
Agency Labor Advisor
Advise contracting agency officials on federal contract labor matters, including coverage questions, wage determination issues, and application of labor standards requirements. The advisor helps the agency interpret whether a procurement is covered and what labor clauses or actions are needed.
Department of Labor Wage and Hour Division Administrator
Administer the wage-and-hour program for this part and act through authorized representatives as needed. The Administrator or delegate provides the wage determination and labor standards oversight framework referenced by FAR Part 22.
Contractor
Identify whether its employees on a covered service contract are service employees and ensure compliance with applicable wage and fringe benefit requirements. The contractor must not rely on labels or contract structure to avoid coverage if the work and workers fall within the definition.
Subcontractor
Apply the same service contract and service employee definitions to subcontract work that is covered under the statute. Subcontractors must comply with applicable labor standards when performing covered services under a prime contract.
Practical Implications
The biggest practical issue is coverage: if the principal purpose of the work is to furnish services in the United States using service employees, the Service Contract Labor Standards rules may apply, triggering wage determinations and related clauses.
Contracting officers should not assume that all professional or managerial personnel are covered service employees; bona fide executive, administrative, and professional employees under 29 CFR part 541 are excluded.
The e98 process is important because it is the formal way to request a wage determination from DOL for covered service contracts; missing this step can delay solicitation or award.
SAM.gov is the central source for wage determinations, so using outdated or incorrect wage data is a common compliance risk.
Contractors should watch for misclassification of workers and subcontract arrangements, because the definition of service employee applies regardless of how the parties describe the relationship.
Official Regulatory Text
Administrator or "Administrator, Wage and Hour Division," as used in this part, means the— Administrator Wage and Hour Division U.S. Department of Labor Washington, DC 20210 or an authorized representative. Agency labor advisor means an individual responsible for advising contracting agency officials on Federal contract labor matters. e98 means the Department of Labor’s approved electronic application ( https://www.sam.gov ), whereby a contracting officer submits pertinent information to the Department of Labor and requests a Service Contract Labor Standards statute wage determination directly from the Wage and Hour Division. Service contract means any Government contract, or subcontract thereunder, the principal purpose of which is to furnish services in the United States through the use of service employees, except as exempted by 41 U.S.C. chapter 67 , Service Contract Labor Standards; see 22.1003-3 and 22.1003-4 ). See 22.1003-5 and 29 CFR 4.130 for a partial list of services covered by the Service Contract Labor Standards statute. Service employee means any person engaged in the performance of a service contract other than any person employed in a bona fide executive, administrative, or professional capacity, as those terms are defined in 29 CFR part 541 . The term "service employee" includes all such persons regardless of any contractual relationship that may be alleged to exist between a contractor or subcontractor and such persons. Wage Determinations at SAM.gov means the Government internet website for both Construction Wage Rate Requirements statute and Service Contract Labor Standards statute wage determinations available at https://www.sam.gov .