samsearch
    Platform
    01InfluenceShape the requirement before it's on your competitor's radar.
    Signal
    Recompete window opens in 42 days
    Facilities maintenance IDIQ$8.4M
    Forecast
    Agency spend up 18% next FY
    DoD facilitiesQ3 window
    02CaptureFind and qualify the work across every market.
    Federal91%
    Network engineering support — GSA MAS
    GSA541512
    SLED88%
    Custodial services — Fairfax County Public Schools
    K-12561720
    DIBBS79%
    Aircraft hydraulic fitting — DLA Aviation
    DLANSN 5330
    03AnalyzeExtract requirements and build the compliance matrix.
    Compliance matrix
    L.2.1Technical approachVol I
    L.3.4Staffing planVol I
    M.1Past performanceEvaluated
    SOW breakdown
    Requirements extracted38
    Mapped to Section L/M38
    Every extractionCited
    Ask Sammy
    “Do we meet the small business set-aside?”
    04ManageRun the pursuit through to award.
    Pipeline
    QualifyFacilities support · USACE
    CaptureComms upgrade · DLA
    ProposalShipyard dredging · NAVSEA
    PriyaAlex
    This week
    Submit past performance refsThu
    Confirm subK teamingFri
    Upload SF 33Mon
    05RespondDraft and submit your response.
    Drafting · Volume I
    247 words
    RFI response
    CompanyAcme Robotics LLC
    UEIJK4M8…
    Capability narrativeDrafted
    06FinanceGet paid faster on what you win.
    Capital available
    $2.4M against your award
    Facilities maintenance IDIQAwarded
    Partner matched
    LenderFederal Capital Partners
    Draw available$2.4M
    UnderwritingCleared
    The platform
    Influence
    Capture
    Analyze
    Manage
    Respond
    Finance
    One pipeline, six stages, start to award.
    See the whole platform
    Solutions
    By industry
    Tech & softwareSoftware and SaaS companies entering GovCon.Defense contractorsPrimes and subs in the defense industrial base.ConstructionBuilders bidding federal, state, and local work.CybersecuritySecurity vendors pursuing federal mandates.
    By team
    Capture managers & BDPipeline, qualification, and win strategy.Proposal teamsCompliance matrices and proposal drafting.Subcontractors & primesTeaming, subcontracting, and partner fit.
    By company size
    Small businessesSet-aside and small business contractors.EnterpriseLarge contractors running multiple pursuits.ConsultantsAdvisors and capture consultants.
    Browse all industries
    CustomersPricing
    ResourcesNew
    Learn
    AcademyCourses, guides, and playbooks.WebinarsLive sessions and recordings.DocsProduct documentation and setup guides.Implementation planOperational rollout guidance.
    Tools & data
    Free GovCon toolsCalculators, lookups, and more.Gov ExploreContracts, agencies, and NAICS codes.GovCon eventsConferences, training, and set-aside events.
    Latest blogIntroducing the New SamSearch: The Operating System for Government ContractingSamSearch has a new brand, a new site, and a new way of explaining what the platform actually does — the operating system for government contracting, organized around six stages instead of a single search box. Here's what changed and why.Read the post →
    All resources and tools
    Sign inRequest a demo
    Home/FAR Navigator/22/22.1/22.1021

    FAR Navigator

    • 1Federal Acquisition Regulations System
    • 2Definitions of Words and Terms
    • 3Improper Business Practices and Personal Conflicts of Interest
    • 4Administrative and Information Matters
    • 5Publicizing Contract Actions
    • 6Competition Requirements
    • 7Acquisition Planning
    • 8Required Sources of Supplies and Services
    • 9Contractor Qualifications
    • 10Market Research
    • 11Describing Agency Needs
    • 12Acquisition of Commercial Products and Commercial Services
    • 13Simplified Acquisition Procedures
    • 14Sealed Bidding
    • 15Contracting by Negotiation
    • 16Types of Contracts
    • 17Special Contracting Methods
    • 18Emergency Acquisitions
    • 19Small Business Programs
    • 22Application of Labor Laws to Government Acquisitions
      • 22.000Scope of part.
      • 22.001Definitions.
      • 22.1Subpart 22.1
        • 22.101Labor relations.
        • 22.102Federal and State labor requirements.
        • 22.103Overtime.
        • 22.1000Scope of subpart.
        • 22.1001Definitions.
        • 22.1002Statutory and Executive order requirements.
        • 22.1003Applicability.
        • 22.1004Department of Labor responsibilities and regulations.
        • 22.1005[Reserved]
        • 22.1006Solicitation provisions and contract clauses.
        • 22.1007Requirement to obtain wage determinations.
        • 22.1008Procedures for obtaining wage determinations.
        • 22.1009Place of performance unknown.
        • 22.1010Notification to interested parties under collective bargaining agreements.
        • 22.1011[Reserved]
        • 22.1012Applicability of revisions to wage determinations.
        • 22.1013Review of wage determination.
        • 22.1014Delay over 60 days in bid opening or commencement of work.
        • 22.1015Discovery of errors by the Department of Labor.
        • 22.1016Statement of equivalent rates for Federal hires.
        • 22.1017[Reserved]
        • 22.1018Notification to contractors and employees.
        • 22.1019Additional classes of service employees.
        • 22.1020Seniority lists.
        • 22.1021Request for hearing.
        • 22.1022Withholding of contract payments.
        • 22.1023Termination for default.
        • 22.1024Cooperation with the Department of Labor.
        • 22.1025Ineligibility of violators.
        • 22.1026Disputes concerning labor standards.
        • 22.1101Applicability.
        • 22.1102Definition.
        • 22.1103Policy, procedures, and solicitation provision.
        • 22.1300Scope of subpart.
        • 22.1301Definitions.
        • 22.1302Policy.
        • 22.1303Applicability.
        • 22.1304Procedures.
        • 22.1305Waivers.
        • 22.1306Department of Labor notices and reports.
        • 22.1307Collective bargaining agreements.
        • 22.1308Complaint procedures.
        • 22.1309Actions because of noncompliance.
        • 22.1310Solicitation provision and contract clauses.
        • 22.1400Scope of subpart.
        • 22.1401Policy.
        • 22.1402Applicability.
        • 22.1403Waivers.
        • 22.1404Department of Labor notices.
        • 22.1405Collective bargaining agreements.
        • 22.1406Complaint procedures.
        • 22.1407Actions because of noncompliance.
        • 22.1408Contract clause.
        • 22.1500Scope.
        • 22.1501Definitions.
        • 22.1502Policy.
        • 22.1503Procedures for acquiring end products on the List of Products Requiring Contractor Certification as to Forced or Indentured Child Labor.
        • 22.1504Violations and remedies.
        • 22.1505Solicitation provision and contract clause.
        • 22.1600Scope of subpart.
        • 22.1601Definitions.
        • 22.1602Policy.
        • 22.1603Exceptions.
        • 22.1604Compliance evaluation and complaint investigations and sanctions for violations.
        • 22.1605Contract clause.
        • 22.1700Scope of subpart.
        • 22.1701Applicability.
        • 22.1702Definitions.
        • 22.1703Policy.
        • 22.1704Violations and remedies.
        • 22.1705Solicitation provision and contract clause.
        • 22.1800Scope.
        • 22.1801Definitions.
        • 22.1802Policy.
        • 22.1803Contract clause.
        • 22.1900Scope of subpart.
        • 22.1901Definitions.
        • 22.1902Policy.
        • 22.1903Applicability.
        • 22.1904Annual Executive Order Minimum Wage Rate.
        • 22.1905Enforcement of Executive Order Minimum Wage Requirements.
        • 22.1906Contract clause.
      • 22.2Subpart 22.2
      • 22.3Subpart 22.3
      • 22.4Subpart 22.4
      • 22.5Subpart 22.5
      • 22.6Subpart 22.6
      • 22.8Subpart 22.8
      • 22.9Subpart 22.9
    • 23Environment, Energy and Water Efficiency, Renewable Energy Technologies, Occupational Safety, and Drug-Free Workplace
    • 24Protection of Privacy and Freedom of Information
    • 25Foreign Acquisition
    • 26Other Socioeconomic Programs
    • 27Patents, Data, and Copyrights
    • 28Bonds and Insurance
    • 29Taxes
    • 30Cost Accounting Standards Administration
    • 31Contract Cost Principles and Procedures
    • 32Contract Financing
    • 33Protests, Disputes, and Appeals
    • 34Major System Acquisition
    • 35Research and Development Contracting
    • 36Construction and Architect-Engineer Contracts
    • 37Service Contracting
    • 38Federal Supply Schedule Contracting
    • 39Acquisition of Information Technology
    • 40Reserved
    • 41Acquisition of Utility Services
    • 42Contract Administration and Audit Services
    • 43Contract Modifications
    • 44Subcontracting Policies and Procedures
    • 45Government Property
    • 46Quality Assurance
    • 47Transportation
    • 48Value Engineering
    • 49Termination of Contracts
    • 50Extraordinary Contractual Actions and the Safety Act
    • 51Use of Government Sources by Contractors
    • 52Solicitation Provisions and Contract Clauses
    • 53Forms
    Up to 22.1
    SectionUpdated April 16, 2026

    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

    1

    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.

    2

    Contracting officers need to coordinate quickly with labor advisors and gather wage determination, procurement, and party information early enough to meet the deadline.

    3

    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.

    4

    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.

    5

    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.

    Back to 22.1FAR Navigator
    samsearch

    The Complete AI Platform for Government Contracting

    Platform
    • Product
    • Pricing
    • ROI calculator
    • Integrations
    • Changelog
    Solutions
    • Solutions
    • Customers
    • Comparisons
    • Market watch
    Resources
    • Blog
    • Free GovCon tools
    • Glossary
    • Docs
    Company
    • API & partnerships
    • Careers
    • Support
    • Compliance
    • Trust centre
    • Contact
    Recognised & verified
    SOC 2 Type II Compliant, SamSearchAWS Partner - Advanced, SamSearch on AWS MarketplaceGartner Peer Insights Customer First, SamSearch
    Ask AI about samsearch
    Ask ChatGPTAsk ClaudeAsk Perplexity
    Follow

    © 2026 samsearch. All rights reserved.

    Terms of usePrivacy policy