FAR 22.2110—Contract clause.
Plain-English Summary
FAR 22.2110 tells contracting officers when to include the paid sick leave clause at 52.222-62, Paid Sick Leave Under Executive Order 13706, in solicitations and contracts. It ties that requirement to two labor standards clauses: 52.222-6, Construction Wage Rate Requirements, and 52.222-41, Service Contract Labor Standards. The section also defines the geographic trigger for the rule by requiring that the work be performed, in whole or in part, in the United States, meaning the 50 States and the District of Columbia. In practice, this provision is a clause prescription rule: it does not itself create the sick leave entitlement, but tells the contracting officer when the paid sick leave clause must be inserted so the contract properly flows down the Executive Order 13706 requirements. For contractors, it signals that covered construction or service work performed in the United States may carry paid sick leave obligations even if only part of the work is domestic. For agencies, it is a simple but important compliance checkpoint because omission of the clause can create labor compliance and contract administration problems later.
Key Rules
Insert the paid sick leave clause
The contracting officer must include 52.222-62, Paid Sick Leave Under Executive Order 13706, in the solicitation and contract when the prescription is met. This is a mandatory clause insertion, not a discretionary one.
Applies with specified labor clauses
The clause is required when the contract includes either 52.222-6, Construction Wage Rate Requirements, or 52.222-41, Service Contract Labor Standards. The rule is limited to contracts already subject to one of those labor standards clauses.
Work must be in the United States
The trigger applies only when work is to be performed, in whole or in part, in the United States. For this purpose, the United States means the 50 States and the District of Columbia.
Partial U.S. performance is enough
The clause must be inserted even if only part of the covered work will be performed in the United States. A contract is not excluded merely because some performance occurs outside the United States.
Prescription rule, not entitlement rule
This section tells the government when to include the clause; it does not restate the substantive paid sick leave requirements. Those obligations come from the clause itself and the Executive Order framework.
Responsibilities
Contracting Officer
Determine whether the solicitation or contract includes 52.222-6 or 52.222-41 and whether any work will be performed in whole or in part in the United States. If so, insert 52.222-62 in both the solicitation and the resulting contract.
Agency
Ensure acquisition planning and clause review processes identify covered construction and service contracts so the required paid sick leave clause is not omitted. Support consistent application across solicitations and awards.
Contractor
Review solicitations and contracts for the required paid sick leave clause and prepare to comply with the clause’s substantive requirements if the contract is covered. Account for domestic performance locations when assessing labor obligations.
Practical Implications
This rule is easy to miss because it is a clause prescription, but omission can create downstream compliance issues and contract administration disputes.
The key factual question is whether any part of the work will be performed in the United States; even limited domestic performance can trigger the clause.
Contracting officers should check both the labor standards clause and the place of performance early in acquisition planning, not after award.
Contractors should not assume that mixed domestic and overseas performance avoids coverage; partial U.S. performance can still require the paid sick leave clause.
If the clause is required, it should appear in both the solicitation and the contract so offerors know the obligation before award and the contract is properly formed.
Official Regulatory Text
Insert the clause at 52.222-62 , Paid Sick Leave Under Executive Order 13706, 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 (the 50 States and the District of Columbia).