FAR 22.400—Scope of subpart.
Plain-English Summary
FAR 22.400 explains the scope of Subpart 22.4, which is the Davis-Bacon labor standards subpart for federal construction contracting. It tells readers that this subpart implements the statutes requiring labor standards on contracts over $2,000 for construction, alteration, or repair of public buildings and public works, including painting and decorating, and it points readers to the definition of "construction, alteration, or repair" in FAR 22.401. It also makes clear that these labor standards are not the only labor-related rules that may apply, because other labor relations requirements in Part 22 can also come into play depending on the contract and circumstances. In practice, this section is the gateway for determining whether a federal construction contract must include prevailing wage labor standards and related clauses, and it signals that contracting officers must evaluate both the nature of the work and the dollar threshold before awarding. For contractors, it is an early warning that wage, classification, and compliance obligations may attach to the work if it falls within this scope.
Key Rules
Applies to covered construction
The subpart applies to contracts for construction, alteration, or repair of public buildings and public works. This includes painting and decorating when performed as part of covered work.
Dollar threshold is $2,000
The labor standards described in this subpart apply only when the contract exceeds $2,000. If the contract is at or below that amount, this subpart does not apply on that basis.
Uses statutory labor standards
This subpart implements statutes that prescribe labor standards requirements. In practice, that means the FAR provisions in this subpart are the regulatory mechanism for applying those statutory wage and labor protections.
Definition controls coverage
Whether work is covered depends in part on the definition of "construction, alteration, or repair" in FAR 22.401. Contracting personnel must use that definition to decide if the work falls within the subpart.
Other labor rules may also apply
This subpart does not stand alone. Other labor relations requirements in other subparts of FAR Part 22 may also apply to the same contract, depending on the facts.
Responsibilities
Contracting Officer
Determine whether the requirement is for construction, alteration, or repair of a public building or public work, confirm that the contract exceeds $2,000, and apply this subpart when the work is covered. Also consider whether other labor relations requirements in Part 22 apply.
Agency
Ensure acquisition planning and contract administration processes account for applicable labor standards requirements for covered construction work and coordinate with labor compliance requirements as needed.
Contractor
Recognize that contracts meeting the scope and dollar threshold may carry labor standards obligations and prepare to comply with the applicable wage and labor requirements included in the solicitation and contract.
Labor Compliance Officials/Supporting Staff
Assist in identifying whether the work is covered and whether additional labor-related requirements in Part 22 apply, especially where the project involves mixed work or borderline construction activities.
Practical Implications
This section is the first screening point for Davis-Bacon coverage, so the key day-to-day task is deciding whether the work is truly construction, alteration, or repair of a public building or public work.
The $2,000 threshold is low, so even small construction jobs can trigger labor standards requirements; contracting officers should not assume small-value work is exempt.
Painting and decorating are specifically included when they are part of covered construction work, which can surprise contractors who think only major structural work is covered.
A common pitfall is focusing only on the contract title or funding source instead of the actual work description; coverage turns on the nature of the work and the FAR definition.
Because other Part 22 labor rules may also apply, teams should not stop after determining Davis-Bacon coverage; they should check for additional labor relations requirements that could affect the solicitation and administration of the contract.
Official Regulatory Text
This subpart implements the statutes which prescribe labor standards requirements for contracts in excess of $2,000 for construction, alteration, or repair, including painting and decorating, of public buildings and public works. (See definition of "Construction, alteration, or repair" in section 22.401 .) Labor relations requirements prescribed in other subparts of part 22 may also apply.