FAR 22.1021—Request for hearing.
Plain-English Summary
FAR 22.1021 explains how a contracting agency or other interested party can ask the Department of Labor for a hearing on certain wage-related issues under FAR 22.1013(a). It covers two specific hearing types: a substantial variance hearing, where the requester must show that the wage rates in the wage determination differ substantially from local rates for similar services, and an arm’s length hearing, where the requester argues that wages and fringe benefits in a collective bargaining agreement were not reached through genuine arm’s-length negotiations. The section also specifies what information must be included in each request, including the wage determination number, agency name, contract description, procurement status and dates, the requester’s detailed case, and the names and addresses of interested parties. It further sets a strict timing rule for when hearing requests will be considered, with different deadlines for sealed bid contracts versus negotiated contracts and option periods, unless extraordinary circumstances exist. In practice, this section matters because a hearing request can affect whether wage determinations are revised or challenged before award or performance begins, which can directly affect pricing, competition, labor costs, and contract administration.
Key Rules
Who may request a hearing
A contracting agency or other interested party may request a hearing on an issue covered by FAR 22.1013(a). For the contracting agency, the contracting officer must route the request through the proper channels, usually the agency labor advisor, to the Administrator of the Wage and Hour Division, U.S. Department of Labor.
Substantial variance showing
A request for a substantial variance hearing must include enough data to show that the wage rates at issue vary substantially from those prevailing for similar services in the locality. The request must also include the wage determination number, agency name, contract description, procurement status and dates, a detailed statement of the case, interested parties, and any other data the Administrator requires.
Arm’s length hearing showing
A request for an arm’s length hearing must explain in detail why the requester believes the collective bargaining agreement wages and fringe benefits were not the result of arm’s length negotiations. It must also identify the procurement status and dates and list interested parties to the extent known.
Required request contents
Each request must be fact-specific and complete enough for the Administrator to evaluate whether a hearing is warranted. The regulation requires procurement timing information, a detailed factual explanation, and identification of affected parties so the Department of Labor can assess the issue and notify those with an interest.
Timing limits on requests
The Administrator generally will not consider a hearing request unless it is timely filed. For sealed bid contracts, the request must be received more than 10 days before award; for negotiated contracts and contracts with option periods, it must be received before the contract start date or the follow-up option period begins.
Extraordinary circumstances exception
The Administrator may consider an untimely request only if extraordinary circumstances exist. This is a narrow exception, so parties should assume the normal filing deadlines control unless they can clearly justify late consideration.
Responsibilities
Contracting Officer
If the contracting agency seeks a hearing, the contracting officer must prepare and submit the written request through the appropriate agency channels, ordinarily through the agency labor advisor, to the Administrator of the Wage and Hour Division.
Contracting Agency
The agency may request a hearing on an issue under FAR 22.1013(a) and must ensure the request is properly supported, timely, and routed to the Department of Labor.
Other Interested Party
Any other interested party may request a hearing and must provide the required factual support, procurement information, and party identification needed for the Administrator to evaluate the request.
Administrator, Wage and Hour Division, U.S. Department of Labor
The Administrator receives hearing requests, determines whether the submission is timely and complete, decides whether extraordinary circumstances justify late consideration, and may require additional data.
Agency Labor Advisor
The agency labor advisor typically serves as the channel through which the contracting officer submits the request and helps ensure the request is properly framed and supported.
Practical Implications
This section is a pre-award or pre-performance procedural tool, so timing is critical; if a request is late, it will usually not be considered.
Contracting officers need to coordinate quickly with labor advisors and gather wage determination, procurement, and party information early enough to meet the deadline.
A substantial variance request must be backed by real local wage data, not just a general belief that the rates are too high or too low.
An arm’s length request requires a detailed explanation of why the collective bargaining agreement may not reflect genuine negotiation, which can be difficult to prove without strong facts.
Missing information, especially procurement dates, wage determination numbers, or interested-party details, can delay or weaken the request and reduce the chance of a hearing being granted.
Official Regulatory Text
(a) A contracting agency or other interested party may request a hearing on an issue presented in 22.1013 (a). To obtain a hearing for the contracting agency, the contracting officer shall submit a written request through appropriate channels (ordinarily the agency labor advisor) to— Administrator, Wage and Hour Division U.S. Department of Labor Washington, DC 20210 (b) A request for a substantial variance hearing shall include sufficient data to show that the rates at issue vary substantially from those prevailing for similar services in the locality. The request shall also include- (1) The number of the wage determinations at issue; (2) The name of the contracting agency whose contract is involved; (3) A brief description of the services to be performed under the contract; (4) The status of the procurement and any estimated procurement dates, such as bid opening, contract award, and commencement date of the contract or its follow-up option period; (5) A statement of the applicant’s case, setting forth in detail the reasons why the applicant believes that a substantial variance exists with respect to some or all of the wages and/or fringe benefits; (6) Names and addresses (to the extent known) of interested parties; and (7) Any other data required by the Administrator. (c) A request for an arm’s length hearing shall include- (1) A statement of the applicant’s case, setting forth in detail the reasons why the applicant believes that the wages and fringe benefits contained in the collective bargaining agreement were not reached as a result of arm’s length negotiations; (2) A statement regarding the status of the procurement and any estimated procurement dates, such as bid opening, contract award, and commencement date of the contract or its follow-up option period; and (3) Names and addresses (to the extent known) of interested parties. (d) Unless the Administrator determines that extraordinary circumstances exist, the Administrator will not consider requests for a hearing unless received as follows: (1) For sealed bid contracts, more than 10 days before the award of the contract; or (2) For negotiated contracts and for contracts with provisions exceeding the initial term by option, before the commencement date of the contract or the follow-up option period.