FAR 22.304—Variations, tolerances, and exemptions.
Plain-English Summary
FAR 22.304 explains who has authority to grant exceptions to the Davis-Bacon labor standards framework and related Department of Labor regulations. It covers two related topics: first, the Secretary of Labor’s power under 40 U.S.C. 3706 to approve reasonable limitations and to allow variations, tolerances, and exemptions from the statute itself; and second, the Secretary’s power to grant variations, tolerances, and exemptions from the regulatory requirements in the applicable parts of 29 CFR when doing so is necessary and proper in the public interest or to prevent injustice and undue hardship. In practice, this section does not create a contractor right to an exception; it identifies the government official who can authorize one and the legal standard that must be met. It matters because contractors and contracting officers working on covered construction contracts must understand that deviations from labor standards are controlled centrally by the Department of Labor, not by the contracting agency acting alone. The section also points readers to the implementing DOL regulations at 29 CFR 5.14 and 29 CFR 5.15, which are the operative sources for how such requests are handled.
Key Rules
DOL controls exceptions
The Secretary of Labor is the official authorized to grant limitations, variations, tolerances, and exemptions under the statute and the related regulations. Contracting agencies do not have independent authority under this section to waive or alter Davis-Bacon requirements on their own.
Statutory relief under 40 U.S.C. 3706
Under the statute, the Secretary may approve reasonable limitations and allow variations, tolerances, and exemptions from any or all statutory provisions. This is the legal basis for relief from the underlying labor standards requirements when appropriate.
Regulatory relief under 29 CFR
The Secretary may also grant variations, tolerances, and exemptions from applicable regulatory requirements in 29 CFR. This authority applies when the Secretary determines the action is necessary and proper in the public interest or needed to prevent injustice and undue hardship.
Public interest standard
For regulatory exceptions, the Secretary must find that the requested action serves the public interest. That means the exception must be justified by broader governmental or policy considerations, not merely convenience for a contractor or agency.
Injustice and hardship standard
The Secretary may also act to prevent injustice and undue hardship. This provides a separate basis for relief where strict application of the rules would produce an unfair or excessively burdensome result.
Reference to DOL procedures
The section directs users to 29 CFR 5.14 and 29 CFR 5.15 for the detailed procedures and standards governing requests and approvals. Those regulations are where the practical process for seeking relief is found.
Responsibilities
Secretary of Labor
Has the authority to approve reasonable limitations, variations, tolerances, and exemptions from the Davis-Bacon statute and related regulatory requirements when the legal standards are met.
Federal agencies
May request that the Secretary of Labor consider granting a limitation, variation, tolerance, or exemption, but may not grant the relief themselves.
Contracting officers
Must recognize that exceptions to covered labor standards require Department of Labor action and should direct or coordinate requests through the proper channels rather than promising relief independently.
Contractors
Must comply with the applicable labor standards unless and until an authorized exception is granted, and should seek relief only through the procedures established by the Department of Labor and the contracting agency.
Practical Implications
This section is a delegation-and-process rule, not a substantive waiver of labor standards. If a contractor wants relief, it must be approved by the Secretary of Labor under the applicable DOL procedures.
A common pitfall is assuming the contracting officer can approve a deviation from Davis-Bacon requirements. Under this section, the contracting officer can request or coordinate, but cannot unilaterally waive the rules.
The standards for relief are not automatic; the Secretary must find the action reasonable, in the public interest, or necessary to prevent injustice and undue hardship, depending on the type of relief sought.
Contractors should plan early if they believe a project condition or regulatory requirement warrants an exception, because the approval process may take time and work cannot be assumed to be exempt while a request is pending.
The cross-references to 29 CFR 5.14 and 5.15 are important because they contain the actual procedural and substantive guidance; users should consult them before relying on any claimed variation or exemption.
Official Regulatory Text
(a) The Secretary of Labor, under 40 U.S.C.3706 , upon the Secretary’s initiative or at the request of any Federal agency, may provide reasonable limitations and allow variations, tolerances, and exemptions to and from any or all provisions of the statute (see 29 CFR5.15). (b) The Secretary of Labor may make variations, tolerances, and exemptions from the regulatory requirements of applicable parts of 29 CFRwhen the Secretary finds that such action is necessary and proper in the public interest or to prevent injustice and undue hardship (see 29 CFR5.14).