FAR 22.404-11—Wage determination appeals.
Plain-English Summary
FAR 22.404-11 explains how wage determination disputes under the Construction Wage Rate Requirements statute are appealed after the Department of Labor has issued a final decision. It identifies the Department of Labor’s Administrative Review Board as the body that decides those appeals and makes clear that a contracting agency or any other interested party may seek review only by following the procedures in 29 CFR Part 7. The section also ties the appeal process to an earlier step: reconsideration must first be requested from the Administrator under 29 CFR 1.8, and that request must be denied before a petition for review is available. In practice, this section matters because wage determinations can affect contract pricing, solicitation timing, and compliance obligations on construction contracts. It tells agencies and contractors that they cannot jump straight to appeal; they must use the Department of Labor’s prescribed administrative process first. The section is short, but it is important because it channels disputes into a specific sequence and forum, reducing uncertainty about who can appeal, when they can appeal, and under what rules.
Key Rules
ARB decides appeals
The Department of Labor’s Administrative Review Board is the decision-maker for appeals of final Department of Labor decisions concerning Construction Wage Rate Requirements statute wage determinations.
Reconsideration comes first
A petition for review is available only after reconsideration has been sought from the Administrator under 29 CFR 1.8 and that reconsideration has been denied. This makes reconsideration a required prerequisite, not an optional step.
Use Part 7 procedures
Any appeal must be filed under the procedures in 29 CFR Part 7. Parties must follow those procedural rules for filing, timing, and processing the petition.
Agency or interested party may appeal
The right to seek review is not limited to one side of the contract; a contracting agency or other interested party may file the petition if the prerequisite reconsideration step has been completed and denied.
Only final DOL decisions
The section applies to appeals of final decisions made by the Department of Labor concerning wage determinations, not to preliminary views or informal discussions.
Responsibilities
Contracting Agency
If it disagrees with a final Department of Labor wage determination decision, it must first seek reconsideration from the Administrator under 29 CFR 1.8. If reconsideration is denied, it may file a petition for review with the Administrative Review Board under 29 CFR Part 7.
Other Interested Party
Any other party with a legitimate interest in the wage determination may also request reconsideration under 29 CFR 1.8 and, if denied, may pursue review through the Part 7 appeal process.
Administrator, Department of Labor
The Administrator must consider requests for reconsideration under 29 CFR 1.8 and either grant or deny them. A denial is the trigger that allows a petition for review to be filed.
Administrative Review Board
The Board reviews appeals of final Department of Labor decisions concerning Construction Wage Rate Requirements statute wage determinations and issues the appellate decision under the applicable Part 7 procedures.
Practical Implications
Parties cannot appeal immediately; they must first exhaust the reconsideration step with the Administrator, or the petition for review is premature.
Because the appeal process is governed by 29 CFR Part 7, missing procedural requirements or deadlines can forfeit review even if the underlying wage issue is strong.
Contracting officers should treat wage determination disputes as a formal DOL process issue, not as something resolved solely through contract administration.
Contractors and agencies should preserve the record early, since the appeal will focus on the final DOL decision and the administrative steps taken before review.
The section is especially important on construction procurements because wage determinations can materially affect bid pricing, contract performance costs, and compliance risk.
Official Regulatory Text
The Secretary of Labor has established an Administrative Review Board which decides appeals of final decisions made by the Department of Labor concerning Construction Wage Rate Requirements statute wage determinations. A contracting agency or other interested party may file a petition for review under the procedures in 29 CFR Part 7 if reconsideration by the Administrator has been sought pursuant to 29 CFR1.8 and denied.