FAR 22.406-12—Cooperation with the Department of Labor.
Plain-English Summary
FAR 22.406-12 tells contracting agencies and contracting officers how to support Department of Labor (DOL) enforcement activity on federal contracts, especially labor standards investigations. It covers cooperation with DOL representatives in three main areas: inspection of records, interviews with workers, and other investigative steps; providing DOL with available information about contractors, subcontractors, current and prior contracts, and the type of work being performed; and, when a DOL representative investigates at a construction project, the contracting officer’s duty to ask about the scope of the investigation and seek immediate notice of any violations found under the Construction Wage Rate Requirements statute, the Contract Work Hours and Safety Standards statute, or the Copeland (Anti-Kickback) Act. In practice, this section is about making sure the government does not work at cross-purposes during labor investigations and that the contracting officer stays informed about potential wage, hours, or kickback violations that could affect contract administration, enforcement, and corrective action. It is especially important on construction contracts, where multiple labor statutes may apply and where DOL investigations can have direct consequences for payroll compliance, withholding, labor standards enforcement, and contractor responsibility determinations.
Key Rules
Cooperate with DOL investigations
The contracting agency must cooperate with Department of Labor representatives during inspections of records, worker interviews, and any other investigative activity. This is an affirmative duty to assist, not to obstruct or delay, DOL’s enforcement work.
Provide available contract information
When DOL requests it, the contracting agency must furnish any available information about contractors, subcontractors, current and prior contracts, and the nature of the contract work. The duty is limited to information the agency has available, but it requires prompt sharing of relevant records and contract history.
Special handling for construction projects
If a DOL representative begins an investigation at a construction project, the contracting officer must ask what the investigation covers. This helps the contracting officer understand whether the matter involves wage rates, hours, safety standards, kickbacks, or some other labor issue.
Request immediate violation notice
For construction-project investigations, the contracting officer must request immediate notification of any violations discovered under the Construction Wage Rate Requirements statute, the Contract Work Hours and Safety Standards statute, or the Copeland (Anti-Kickback) Act. The purpose is to ensure the contracting officer can act quickly on labor compliance issues.
Responsibilities
Contracting Agency
Cooperate with Department of Labor representatives in record inspections, worker interviews, and all other aspects of DOL investigations. When requested, provide available information on contractors, subcontractors, current and previous contracts, and the nature of the work.
Contracting Officer
At a construction project where DOL is investigating, inquire into the scope of the investigation and request immediate notice of any violations found under the Construction Wage Rate Requirements statute, the Contract Work Hours and Safety Standards statute, or the Copeland (Anti-Kickback) Act.
Department of Labor Representatives
Conduct investigations and, when appropriate, request information from the contracting agency. Although this section does not impose duties on DOL, it establishes the agency’s obligation to support DOL’s investigative process.
Practical Implications
Contracting offices should be ready to quickly locate and share contract files, subcontracting information, and work descriptions when DOL asks for them.
On construction contracts, the contracting officer should not assume DOL will automatically brief the agency; the officer must actively ask about the scope of the investigation and request violation notifications.
Poor coordination can delay corrective action on wage, hours, or anti-kickback issues, increasing the risk of withholding, labor compliance findings, or broader contract administration problems.
Agencies should maintain organized records on current and prior contracts and subcontractor relationships so they can respond efficiently to DOL requests.
Contractors should expect that DOL investigations may involve agency cooperation and should keep payroll, labor, and subcontract records accurate and accessible because those records may be reviewed or discussed during the investigation.
Official Regulatory Text
(a) The contracting agency shall cooperate with representatives of the Department of Labor in the inspection of records, interviews with workers, and all other aspects of investigations undertaken by the Department of Labor. When requested, the contracting agency shall furnish to the Secretary of Labor any available information on contractors, subcontractors, current and previous contracts, and the nature of the contract work. (b) If a Department of Labor representative undertakes an investigation at a construction project, the contracting officer shall inquire into the scope of the investigation, and request to be notified immediately of any violations discovered under the Construction Wage Rate Requirements statute, the Contract Work Hours and Safety Standards statute, or the Copeland (Anti-Kickback) Act.