FAR 22.1905—Enforcement of Executive Order Minimum Wage Requirements.
Plain-English Summary
FAR 22.1905 explains how Executive Order 14026 minimum wage requirements are enforced on federal contracts. It covers who has enforcement authority, how complaints are handled, what information contracting officers must report to the Department of Labor, how investigations are conducted, and what remedies and sanctions may follow. It also addresses payment withholding, protection of complainant identity, unpaid wage remedies, antiretaliation relief, debarment, and what happens if the contract clause was omitted and must be added retroactively. In practice, this section makes clear that the Department of Labor—not the contracting agency—runs compliance investigations, while contracting officers still have important administrative duties such as reporting complaints, withholding funds when directed, and helping enforce contract terms. For contractors, it means wage compliance failures can trigger withheld payments, corrective action demands, possible debarment, and retroactive contract modifications. For agencies, it means they must coordinate closely with the Wage and Hour Division and ensure the required clause is in place from the start of performance.
Key Rules
DOL controls investigations
The Secretary of Labor, through the Administrator, has exclusive authority to investigate potential violations and secure compliance under the E.O. and its implementing regulations. Contracting agencies may not conduct compliance investigations under 29 CFR part 10 or part 23, although contracting officers retain authority to enforce other contract terms and conditions.
Payment withholding is mandatory when directed
Contracting officers must withhold payment when the Administrator directs them to do so. They must also withhold payment on their own if the contractor fails to provide payroll records as required by paragraph (e)(2) of clause 52.222-55, until the noncompliance is corrected.
Complaints may be filed broadly
Any person, entity, or organization that believes a violation occurred may file a complaint with either the contracting officer or the Administrator. Complaints can be oral or written, which means agencies must be prepared to receive and route allegations promptly.
Complainant identity is protected
The identity of a complainant or witness, and any statement portions that would reveal that identity, may not be disclosed to anyone other than Federal officials without the individual’s consent unless disclosure is otherwise authorized by law. This confidentiality rule supports reporting and cooperation without fear of retaliation.
Contracting officer reporting duty
When a complaint is received, or when the contracting officer is told the Administrator received one, the contracting officer must report specified information to the Department of Labor within 14 days if it is available without conducting an investigation. The report includes the allegation, available statements, proof the clause was included, settlement information if any, and other relevant facts requested by Wage and Hour.
Administrator conducts investigations
If warranted, the Administrator investigates complaints under the procedures in 29 CFR part 23.430. The contracting officer does not investigate the merits of the wage claim, but must support the process by providing available information and taking required contract administration actions.
Unpaid wages can trigger withholding and transfer
If an investigation shows the contractor failed to pay the applicable minimum wage, the Administrator notifies the contractor and agency and requests correction. If the contractor does not remedy the violation, the Administrator may direct withholding from the contract or other federal contracts, and the agency must transfer withheld funds to DOL after final decision and direction.
Retaliation violations can lead to worker relief
If a contractor violates the antiretaliation provision in paragraph (i) of clause 52.222-55, the Administrator may provide relief to the affected worker under 29 CFR 23.440. This makes retaliation a separate enforcement issue from unpaid wages.
Debarment is possible for serious disregard
DOL may initiate debarment proceedings when a contractor has disregarded obligations under 29 CFR part 23. Contracting officers should also consider notifying the agency suspending and debarring official when significant contract-term violations related to this subpart occur.
Missing clause must be added retroactively
If the agency failed to include the required clause in a contract covered by E.O. 14026, the agency must incorporate it retroactively to the start of performance. The agency must do this on its own or within 15 calendar days after notice from an authorized DOL representative, using whatever authority is needed to amend the contract and address any necessary cost adjustments.
Responsibilities
Contracting Officer
Receive complaints, protect confidentiality, and report required information to DOL within 14 days when available without investigation. Withhold payments when directed by the Administrator, and also withhold payment if the contractor fails to furnish payroll records as required by clause 52.222-55 until corrected. Do not conduct compliance investigations under the DOL regulations, but continue to enforce other contract terms and consider notifying the suspending and debarring official for significant related violations.
Administrator / Department of Labor, Wage and Hour Division
Investigate complaints when warranted, determine whether unpaid wage or retaliation violations occurred, direct withholding when appropriate, request corrective action, and administer remedies under the applicable DOL regulations. DOL also may initiate debarment proceedings and may require retroactive inclusion of the contract clause when it was omitted.
Contractor
Pay workers the applicable E.O. minimum wage, comply with payroll-record and other clause requirements, correct violations when notified, and avoid retaliation against workers who assert rights or participate in investigations. The contractor must also respond to DOL and agency requests and may face withholding, debarment, or other sanctions if it fails to comply.
Contracting Agency
Support enforcement by transmitting withheld funds to DOL after final decision and direction, incorporating the clause retroactively when omitted, and coordinating with DOL on complaint and remedy matters. The agency must also ensure contract administration actions are taken within its authority even though it cannot conduct the wage compliance investigation itself.
Workers, Complainants, and Other Reporting Parties
May file complaints with either the contracting officer or the Administrator if they believe a violation occurred. Their identities and identifying statements are protected from disclosure except as authorized by law or with consent.
Practical Implications
This section separates investigation authority from contract administration: agencies cannot run their own wage compliance investigations, so they must quickly route allegations to DOL and avoid overstepping into investigative activity.
Contracting officers have a real enforcement role even without investigative authority, especially for reporting complaints, withholding funds when required, and ensuring the clause is present and enforced.
Payroll-record failures are a direct trigger for withholding, so contractors should treat recordkeeping as a compliance obligation, not just an administrative task.
If the clause was omitted, the agency must fix the contract retroactively, which can create pricing, performance, and administration issues that need prompt legal and contracting review.
Serious or repeated violations can escalate beyond wage repayment into debarment and suspension-related actions, so contractors should address findings quickly and document corrective measures.
Official Regulatory Text
(a) Authority. (1) Section 5 of the E.O. grants the authority for investigating potential violations of, and obtaining compliance with, the E.O. to the Secretary of Labor. The Secretary of Labor, in promulgating the implementing regulations required by Section 4 of the E.O., has assigned this authority to the Administrator. Contracting agencies do not have authority to conduct compliance investigations under 29 CFR part 10 or part 23 as implemented in this subpart. This does not limit the contracting officer’s authority to otherwise enforce the terms and conditions of the contract. (2) Contracting officers shall withhold payment at the direction of the Administrator. (3) The contracting officer shall withhold payment, without a request from the Administrator, if the contractor fails to comply with the requirements in paragraph (e)(2) of 52.222-55 , Minimum Wages for Contractor Workers Under Executive Order 14026 to furnish payroll records, until such time as the noncompliance is corrected. (b) Complaints. (1) Complaints may be filed with the contracting officer or the Administrator by any person, entity, or organization that believes a violation of this subpart has occurred. (2) The identity of any individual who makes a written or oral statement as a complaint or in the course of an investigation, as well as portions of the statement which would reveal the individual’s identity, shall not be disclosed in any manner to anyone other than Federal officials without the prior consent of the individual, unless otherwise authorized by law. (3) Upon receipt of a complaint, or if notified that the Administrator has received a complaint, the contracting officer shall report the following information, within 14 days, if available without conducting an investigation, to the Department of Labor, Wage and Hour Division, Office of Government Contracts, 200 Constitution Avenue N.W., Room S3006, Washington, D.C. 20210. (i) The complaint or description of the alleged violation; (ii) Available statements by the worker, contractor, or any other person regarding the alleged violation; (iii) Evidence that clause 52.222-55 , Minimum Wages for Contractor Workers Under Executive Order 14026, (or its predecessor for complaints under 29 CFR part 10) was included in the contract; (iv) Information concerning known settlement negotiations between the parties, if applicable; and (v) Any other relevant facts known to the contracting officer or other information requested by the Wage and Hour Division. (c) Investigations. Complaints will be investigated by the Administrator, if warranted, in accordance with the procedures in 29 CFR part 23.430. (d) Remedies and sanctions– (1) Unpaid wages. When the Administrator’s investigation reveals that a contractor has failed to pay the applicable E.O. minimum wage, the Administrator will notify the contractor and the contracting agency of the unpaid wage violation, and request that the contractor remedy the violation. If the contractor does not remedy the violation, the Administrator may direct withholding of payments due on the contract or any other contract between the contractor and the Federal Government. Upon final decision and direction of the Administrator, the contracting agency shall transfer the withheld funds to the Department of Labor for disbursement in accordance with the procedures at 22.406-9 (c). (2) Antiretaliation . When a contractor has been found to have violated paragraph (i) of clause 52.222-55 , Minimum Wages for Contractor Workers Under Executive Order 14026, the Administrator may provide for relief to the worker in accordance with 29 CFR 23.440. (3) Debarment. (i) The Department of Labor may initiate debarment proceedings under 29 CFR 23.520 whenever a contractor is found to have disregarded its obligations under 29 CFR part 23. (ii) Contracting officers shall consider notifying the agency suspending and debarring official in accordance with agency procedures when a contractor commits significant violations of contract terms and conditions related to this subpart. (4) Retroactive inclusion of contract clause. If a contracting agency fails to include the contract clause in a contract to which E.O. 14026 applies, the contracting agency, on its own initiative or within 15 calendar days of notification by an authorized representative of the Department of Labor, shall incorporate the contract clause in the contract retroactive to commencement of performance under the contract through the exercise of any and all authority that may be needed (including, where necessary, its authority to negotiate or amend, its authority to pay any necessary additional costs, and its authority under any contract provision authorizing changes, cancellation and termination).