FAR 52.222-10—Compliance with Copeland Act Requirements.
Plain-English Summary
FAR 52.222-10 is a short but important labor clause that requires the contractor to comply with the Copeland Act anti-kickback requirements by following 29 CFR Part 3, which is incorporated into the contract by reference. In practice, this clause ties the contract to the Department of Labor’s rules that prohibit certain wage kickbacks and require proper treatment of employee pay on federally funded construction and related work. The section addresses the contractor’s legal duty to follow those regulations, the fact that the regulatory text is part of the contract even though it is not printed in full, and the compliance consequences that flow from violating the incorporated rules. It matters because Copeland Act compliance is a core labor-standard issue on covered federal contracts, especially construction contracts subject to Davis-Bacon-related wage protections. For contractors, it means payroll practices, deductions, and employee compensation methods must be checked against the DOL rules, not just the contract language. For contracting officers, it means ensuring the clause is included when prescribed and understanding that enforcement comes through the incorporated regulation and applicable labor administration processes.
Key Rules
Follow 29 CFR Part 3
The contractor must comply with all requirements in 29 CFR Part 3. Those regulations are incorporated by reference, so they have the same contractual force as if written out in the contract.
Anti-kickback compliance
The clause implements Copeland Act requirements designed to prevent contractors from forcing employees to give up part of their wages or benefits. Any prohibited kickback arrangement, direct or indirect, is outside compliance.
Regulations control details
The clause itself is brief, but the incorporated regulation supplies the operational rules. Contractors must look to 29 CFR Part 3 for the specific prohibitions, permitted deductions, recordkeeping expectations, and related compliance standards.
Applies when prescribed
This clause is inserted when required by FAR 22.407(a). Its presence signals that the contract is in a category where Copeland Act compliance is mandatory, typically in covered construction-related work.
Contractual and regulatory obligation
Because the regulation is incorporated by reference, noncompliance is both a contract breach and a labor-law issue. The contractor may face contract remedies and labor enforcement consequences.
Responsibilities
Contracting Officer
Include FAR 52.222-10 when prescribed by FAR 22.407(a) and ensure the contract clearly incorporates the applicable labor requirements. The contracting officer should also coordinate with labor advisors or the Department of Labor when compliance questions arise.
Contractor
Comply with 29 CFR Part 3 in full, including all rules on wage kickbacks and related payroll practices. The contractor must ensure subcontractors and payroll personnel follow the same requirements and must avoid any payment, deduction, or arrangement that violates the Copeland Act rules.
Subcontractor
Follow the same Copeland Act requirements when performing covered work under the prime contract. Subcontractors must maintain compliant payroll and deduction practices and may be held accountable through the prime contractor’s flowdown and oversight obligations.
Agency/Labor Administration
Oversee enforcement of the incorporated labor standards and provide guidance or investigation where needed. The agency and labor authorities may review payroll practices, investigate complaints, and pursue remedies for violations.
Practical Implications
This clause is easy to overlook because it is short, but the incorporated regulation is not optional; contractors must actually know and follow 29 CFR Part 3.
Payroll and deduction practices are the main risk area. Improper deductions, wage kickbacks, or informal reimbursement schemes can create serious compliance problems.
Prime contractors should monitor subcontractors closely, because violations by subs can still create exposure on the prime contract.
Contracting officers should not treat this as boilerplate only; its inclusion signals a real labor-standard requirement that may need coordination with wage and hour specialists.
When in doubt, contractors should review payroll policies, employee authorization forms, and any fringe-benefit or deduction arrangements against the DOL rules before work begins.
Official Regulatory Text
As prescribed in 22.407 (a) , insert the following clause: Compliance with Copeland Act Requirements (Feb 1988) The Contractor shall comply with the requirements of 29 CFR Part 3 , which are hereby incorporated by reference in this contract. (End of clause)