FAR 22.1004—Department of Labor responsibilities and regulations.
Plain-English Summary
FAR 22.1004 explains who has the legal authority to administer and enforce the Service Contract Labor Standards (SCLS) statute and points readers to the Department of Labor’s implementing regulations. It states that the Secretary of Labor is authorized and directed to enforce the statute, issue rules and regulations, issue orders, hold hearings, make decisions, and take other appropriate action. The section also identifies the main DOL regulatory areas that govern SCLS compliance: service contract labor standards provisions and procedures, wage determination procedures, application of the statute through rulings and interpretations, compensation standards, enforcement, safe and sanitary working conditions, rules of practice for administrative proceedings, and practice before the Administrative Review Board. In practice, this section matters because it tells contracting officers and contractors that SCLS compliance is not governed by FAR alone; the controlling details come from DOL regulations and DOL enforcement processes. It is the roadmap to where wage rates, fringe benefits, worker protections, enforcement actions, and appeals are handled under the statute.
Key Rules
DOL Has Enforcement Authority
The Secretary of Labor is the official charged with enforcing the Service Contract Labor Standards statute. This includes authority to issue regulations, orders, decisions, and other actions needed to administer the law.
FAR Defers to DOL Regulations
This FAR section does not itself set the detailed SCLS requirements; it points to the Department of Labor’s regulations for the operative rules. Contractors and contracting officers must look to the cited CFR parts for the substantive and procedural requirements.
Service Contract Procedures Governed by Part 4
DOL’s regulations in 29 CFR Part 4 cover the core SCLS framework, including labor standards provisions, procedures, wage determinations, application of the statute, and compensation standards. These are the primary rules for determining what wages and fringe benefits apply to covered service contracts.
Enforcement and Compliance Rules Apply
DOL’s enforcement regulations in 29 CFR Part 4, Subpart E, establish how compliance is monitored and how violations are addressed. This is where contractors find the consequences of noncompliance and the processes DOL uses to investigate and remedy violations.
Working Conditions Are Covered Separately
Safe and sanitary working conditions are addressed in 29 CFR Part 1925. This means SCLS compliance is not limited to pay requirements; contractors must also consider workplace conditions required by DOL rules.
Administrative Proceedings Have Their Own Rules
Administrative hearings and appeals under the SCLS follow separate procedural rules in 29 CFR Part 6 and practice rules before the Administrative Review Board in 29 CFR Part 8. These rules govern how disputes are litigated and reviewed within the DOL system.
Responsibilities
Secretary of Labor
Enforce the Service Contract Labor Standards statute and issue the regulations, orders, decisions, and other guidance needed to administer the statute.
Department of Labor
Publish and maintain the implementing regulations covering labor standards provisions, wage determinations, statutory interpretations, compensation standards, enforcement, safe and sanitary working conditions, administrative proceedings, and appellate practice.
Contracting Officer
Recognize that SCLS requirements are controlled by DOL regulations and apply the appropriate wage determinations and contract clauses consistent with those regulations.
Contractor
Follow the DOL regulations that implement SCLS, including wage and fringe benefit requirements, working condition rules, and any enforcement or hearing procedures that apply to the contract.
Administrative Review Board and DOL Adjudicative Officials
Conduct and review administrative proceedings under the procedural rules established by DOL for SCLS enforcement and appeals.
Practical Implications
Contractors cannot rely on the FAR text alone; they must check the applicable DOL regulations for the actual compliance requirements.
Wage determinations and compensation obligations under SCLS are driven by DOL rules, so using the wrong determination or missing an update can create back-pay liability.
Compliance is broader than wages and fringe benefits: safe and sanitary working conditions may also be enforced under separate DOL regulations.
If a dispute or enforcement action arises, the process will follow DOL’s administrative procedures, not ordinary contract administration alone.
Contracting officers should treat this section as a pointer to the controlling regulatory framework and ensure the contract incorporates the correct SCLS clauses and wage determinations.
Official Regulatory Text
Under the Service Contract Labor Standards statute, the Secretary of Labor is authorized and directed to enforce the provisions of the Service Contract Labor Standards statute, make rules and regulations, issue orders, hold hearings, make decisions, and take other appropriate action. The Department of Labor has issued implementing regulations on such matters as- (a) Service contract labor standards provisions and procedures ( 29 CFR Part 4 , SubpartA); (b) Wage determination procedures ( 29 CFR Part 4 , subparts A and B); (c) Application of the Service Contract Labor Standards statute (rulings and interpretations) ( 29 CFR Part 4 , SubpartC); (d) Compensation standards ( 29 CFR Part 4 , SubpartD); (e) Enforcement ( 29 CFR Part 4 , SubpartE); (f) Safe and sanitary working conditions ( 29 CFR Part 1925 ); (g) Rules of practice for administrative proceedings enforcing service contract labor standards ( 29 CFR Part 6 ); and (h) Practice before the Administrative Review Board ( 29 CFR Part 8 ).