FAR 22.1020—Seniority lists.
Plain-English Summary
FAR 22.1020 addresses seniority lists for service employees when work is performed at a Federal facility and employees may be hired or retained by a successor contractor. It requires the incumbent prime contractor to prepare and certify a list of all service employees on the contractor’s or subcontractor’s payroll during the last month of the contract, including each employee’s anniversary date of employment, and to submit that list to the contracting officer no later than 10 days before contract completion. The rule also requires the contracting officer, at the start of the successor contract, to give the list to the successor contractor. The purpose is to preserve accurate service history so the successor can determine eligibility for vacation or other fringe benefits that depend on length of service, including service with predecessor contractors when the applicable wage determination requires that credit. In practice, this section helps prevent loss of earned benefits during contract transitions, supports orderly turnover, and reduces disputes over employee seniority and fringe benefit entitlement.
Key Rules
Incumbent must provide certified list
The incumbent prime contractor must furnish a certified list of all service employees on the contractor’s or subcontractor’s payroll during the last month of the contract. The list must include anniversary dates of employment and be submitted to the contracting officer no later than 10 days before contract completion.
Applies at Federal facilities
This requirement applies when the contract is performed at a Federal facility and employees may be hired or retained by a succeeding contractor. It is tied to successor-contractor transitions, not ordinary contract performance.
Contracting officer passes list to successor
At the commencement of the succeeding contract, the contracting officer must provide a copy of the seniority list to the successor contractor. This ensures the successor has the information needed to evaluate service-based benefit eligibility.
Used for fringe benefit determinations
The list is used to determine employee eligibility for vacation or other fringe benefits based on length of service. It may include credit for service with predecessor contractors if the applicable wage determination requires that benefit.
Cross-reference to SCLS clause
The requirement is implemented through paragraph (n) of the Service Contract Labor Standards clause at 52.222-41. Contractors and contracting officers should read this section together with the clause to understand the exact certification and turnover obligations.
Responsibilities
Incumbent Prime Contractor
Prepare and certify the seniority list for all service employees on the contractor’s or subcontractor’s payroll during the last month of the contract, include anniversary dates of employment, and submit the list to the contracting officer at least 10 days before contract completion.
Contracting Officer
Receive the certified list from the incumbent contractor and, when the successor contract begins, provide a copy of the list to the successor contractor.
Successor Contractor
Use the list to determine employee eligibility for vacation or other fringe benefits based on length of service, including any predecessor service that must be credited under the applicable wage determination.
Subcontractor
Provide employee information to the incumbent prime contractor as needed so the prime can compile a complete list of service employees on the payroll during the last month of the contract.
Practical Implications
This requirement is a transition tool: it helps prevent employees from losing earned seniority-based benefits when a contract changes hands.
The biggest compliance risk is incomplete or late submission, especially if subcontractor employees are omitted or anniversary dates are wrong.
Contracting officers should make sure the list is received before contract completion and then promptly passed to the successor at contract start.
Successor contractors should verify the list against payroll and staffing records so benefit calculations are accurate and disputes are minimized.
Because the rule ties to the applicable wage determination, contractors should not assume all prior service counts; they must check whether predecessor service credit is actually required.
Official Regulatory Text
If a contract is performed at a Federal facility where employees may be hired/retained by a succeeding contractor, the incumbent prime contractor is required to furnish a certified list of all service employees on the contractor’s or subcontractor’s payroll during the last month of the contract, together with anniversary dates of employment, to the contracting officer no later than 10 days before contract completion. (See paragraph (n) of the clause at 52.222-41 , Service Contract Labor Standards.) At the commencement of the succeeding contract, the contracting officer shall provide a copy of the list to the successor contractor for determining employee eligibility for vacation or other fringe benefits which are based upon length of service, including service with predecessor contractors if such benefit is required by an applicable wage determination.