FAR 22.1906—Contract clause.
Plain-English Summary
FAR 22.1906 tells contracting officers when they must include the Executive Order 14026 minimum wage clause, FAR 52.222-55, in solicitations and contracts. It applies specifically when the acquisition already includes either the Construction Wage Rate Requirements clause at FAR 52.222-6 or the Service Contract Labor Standards clause at FAR 52.222-41, and the work will be performed, in whole or in part, in the United States. In practical terms, this section ties the EO 14026 minimum wage requirement to covered construction and service contracts, ensuring that contractor and subcontractor workers on those contracts receive at least the applicable federal minimum wage required by the Executive Order. The section is a clause prescription rule, so its main function is to tell the contracting officer when the clause must be inserted; it does not itself set the wage rate or describe the full compliance mechanics. For contractors, the significance is that covered solicitations and contracts may impose an additional wage floor on top of Davis-Bacon or Service Contract Labor Standards requirements, and failure to flow the clause through can create compliance and pricing issues. For agencies, the rule helps ensure consistent implementation of the Executive Order across covered federal contracts performed in the United States.
Key Rules
Insert the EO 14026 clause
When the conditions in this section are met, the contracting officer must insert FAR 52.222-55, Minimum Wages for Contractor Workers Under Executive Order 14026, into the solicitation and resulting contract.
Applies with construction or service labor clauses
The prescription applies only if the solicitation or contract includes FAR 52.222-6, Construction Wage Rate Requirements, or FAR 52.222-41, Service Contract Labor Standards. If neither clause is present, this section does not require use of FAR 52.222-55.
Work must be in the United States
The covered work must be performed, in whole or in part, in the United States. If all performance is outside the United States, this section does not trigger the clause requirement.
Covers solicitations and contracts
The clause must be included at the solicitation stage and in the contract itself, so offerors can price and plan for the wage requirement before award and the obligation is enforceable after award.
Clause prescription only
This section does not establish the wage rate, exemptions, or enforcement procedures. Those requirements come from the clause at FAR 52.222-55 and the Executive Order framework.
Responsibilities
Contracting Officer
Determine whether the solicitation or contract includes FAR 52.222-6 or FAR 52.222-41 and whether any part of the work will be performed in the United States. If both conditions are met, insert FAR 52.222-55 in the solicitation and contract.
Agency
Ensure acquisition planning and solicitation templates account for the clause when covered construction or service work will be performed in the United States, so the requirement is applied consistently.
Contractor
Review solicitations and contracts for the EO 14026 clause, incorporate the wage requirement into pricing, payroll, and subcontract management, and ensure covered workers are paid at least the required minimum wage.
Subcontractors
Comply with the wage requirements if the clause is flowed down or otherwise applicable to their work, and coordinate with the prime contractor on wage administration and recordkeeping.
Practical Implications
This is a trigger rule that contracting officers must check early in acquisition planning; missing the clause can create solicitation defects and post-award compliance problems.
Contractors should expect the EO 14026 minimum wage requirement to be layered onto covered construction and service contracts, which can affect labor costs and bid pricing.
A common pitfall is assuming Davis-Bacon or Service Contract Labor Standards alone cover all wage obligations; this section adds a separate clause requirement when the contract is otherwise covered and work occurs in the United States.
Because the rule applies when work is performed in whole or in part in the United States, mixed-location performance needs careful review rather than a simple yes/no assumption.
The practical compliance burden often falls on payroll and subcontract administration, so primes should verify that lower-tier performers are aware of and following the clause requirements.
Official Regulatory Text
Insert the clause at 52.222-55 , Minimum Wages for Contractor Workers Under Executive Order 14026, in solicitations and contracts that include the clause at 52.222-6 , Construction Wage Rate Requirements, or 52.222-41 , Service Contract Labor Standards, where work is to be performed, in whole or in part, in the United States.