FAR 52.222-11—Subcontracts (Labor Standards).
Plain-English Summary
FAR 52.222-11, Subcontracts (Labor Standards), is the clause that pushes Davis-Bacon and related labor-standard requirements down the subcontracting chain on federal construction work performed in the United States. It defines the phrase “construction, alteration or repair” for purposes of the clause, including on-site alteration, remodeling, installation of off-site fabricated items, painting and decorating, on-site manufacturing or furnishing of materials, and certain transportation activities tied to the site of work. It then requires the prime contractor to flow down a specific set of labor clauses into covered construction subcontracts, including wage rate requirements, overtime, apprentices and trainees, payroll and recordkeeping, Copeland Act compliance, withholding, termination/debarment, disputes, compliance with wage regulations, and certification of eligibility. The clause also makes the prime contractor responsible for subcontractor and lower-tier subcontractor compliance with those labor clauses, and it requires submission of SF 1413, Statement and Acknowledgment, for each covered subcontract within 14 days after award and again for later-awarded subcontracts. In practice, this clause is about ensuring labor standards are contractually imposed, documented, and enforceable all the way down the subcontract chain so the Government can monitor compliance and protect workers on federal construction projects.
Key Rules
Broad construction definition
The clause defines “construction, alteration or repair” broadly to include not only traditional building work, but also on-site installation of off-site fabricated items, painting, decorating, on-site manufacturing or furnishing, and certain transportation activities connected to the site of work. This definition matters because it determines when the clause’s flowdown and compliance obligations apply.
Mandatory labor clause flowdown
For any subcontract for construction, alterations, or repairs within the United States, the prime contractor must insert the listed labor clauses. These include wage requirements, overtime if applicable, apprentices and trainees, payroll and records, Copeland Act compliance, withholding, subcontract labor standards, debarment/termination, labor standards disputes, compliance with wage regulations, and certification of eligibility.
Prime contractor accountability
The prime contractor remains responsible for ensuring that any subcontractor or lower-tier subcontractor performing covered construction work complies with the cited labor clauses. This makes the prime contractor the main compliance gatekeeper, even though the actual work may be performed by lower tiers.
SF 1413 submission requirement
Within 14 days after award of the prime contract, the contractor must provide the Contracting Officer a completed SF 1413 for each covered subcontract, including the subcontractor’s signed and dated acknowledgment that the required clauses were included. The contractor must also submit an updated SF 1413 within 14 days after any later-awarded covered subcontract.
Substance flowdown to lower tiers
The contractor must insert the substance of the clause, including paragraph (e), in all subcontracts for construction within the United States. This means the subcontract language must preserve the flowdown obligation so the requirement continues through the subcontracting chain.
U.S.-only coverage
The clause applies to subcontracts for construction, alterations, and repairs within the United States. Work outside the United States is not covered by this clause’s flowdown requirements, though other contract terms or statutes may still apply.
Responsibilities
Contracting Officer
Ensure the clause is included when prescribed, receive and review SF 1413 submissions, and use the subcontract acknowledgments and flowdown documentation to monitor labor-standard compliance on the project.
Prime Contractor
Insert all required labor clauses into covered subcontracts, ensure the clause’s substance is flowed down to all lower tiers, remain responsible for subcontractor and lower-tier compliance, and submit completed SF 1413 forms within the required 14-day deadlines for each covered subcontract.
Subcontractor
Accept and comply with the flowed-down labor clauses, sign and date the SF 1413 acknowledgment confirming the clauses were included, and ensure its own lower-tier subcontracts carry the required labor-standard obligations.
Lower-Tier Subcontractor
Comply with the applicable flowed-down labor clauses for covered construction work and carry the obligations further down the chain when it subcontracts covered work.
Agency
Oversee administration of labor-standard requirements on covered construction contracts, support enforcement actions when noncompliance occurs, and maintain records needed to verify subcontract flowdown and acknowledgments.
Practical Implications
This clause is a compliance and documentation checkpoint, not just a boilerplate flowdown. Contractors should build a subcontract review process that automatically identifies covered construction subcontracts and inserts the full required labor clause package.
The 14-day SF 1413 deadline is easy to miss, especially when subcontracts are awarded after the prime contract starts. Contractors should track subcontract awards in real time and assign responsibility for timely submission.
The prime contractor cannot treat labor compliance as the subcontractor’s problem. If a subcontractor underpays workers, fails to keep records, or omits required clauses, the prime may still face contract consequences.
The broad definition of construction work can capture activities that are not obviously “construction,” such as on-site installation of fabricated items or transportation tied to the site of work. Contractors should analyze scope carefully before deciding whether the clause applies.
A common pitfall is incomplete flowdown language. Simply referencing labor standards in a subcontract is not enough if the required clauses or their substance are not actually included and acknowledged.
Official Regulatory Text
As prescribed in 22.407 (a) , insert the following clause: Subcontracts (Labor Standards) (May 2014) (a) Definition. "Construction, alteration or repair," as used in this clause, means all types of work done by laborers and mechanics employed by the construction Contractor or construction subcontractor on a particular building or work at the site thereof, including without limitation- (1) Altering, remodeling, installation (if appropriate) on the site of the work of items fabricated off-site; (2) Painting and decorating; (3) Manufacturing or furnishing of materials, articles, supplies, or equipment on the site of the building or work; (4) Transportation of materials and supplies between the site of the work within the meaning of paragraphs (a)(1)(i) and (ii) of the "site of the work" as defined in the FAR clause at 52.222-6 , Construction Wage Rate Requirements of this contract, and a facility which is dedicated to the construction of the building or work and is deemed part of the site of the work within the meaning of paragraph (2) of the "site of the work" definition; and (5) Transportation of portions of the building or work between a secondary site where a significant portion of the building or work is constructed, which is part of the "site of the work" definition in paragraph (a)(1)(ii) of the FAR clause at 52.222-6 , Construction Wage Rate Requirements, and the physical place or places where the building or work will remain (paragraph (a)(1)(i) of the FAR clause at 52.222-6 , in the "site of the work" definition). (b) The Contractor shall insert in any subcontracts for construction, alterations and repairs within the United States the clauses entitled- (1) Construction Wage Rate Requirements; (2) Contract Work Hours and Safety Standards-Overtime Compensation (if the clause is included in this contract); (3) Apprentices and Trainees; (4) Payrolls and Basic Records; (5) Compliance with Copeland Act Requirements; (6) Withholding of Funds; (7) Subcontracts (Labor Standards); (8) Contract Termination-Debarment; (9) Disputes Concerning Labor Standards; (10) Compliance with Construction Wage Rate Requirements and Related Regulations; and (11) Certification of Eligibility. (c) The prime Contractor shall be responsible for compliance by any subcontractor or lower tier subcontractor performing construction within the United States with all the contract clauses cited in paragraph (b). (d) (1) Within 14 days after award of the contract, the Contractor shall deliver to the Contracting Officer a completed Standard Form (SF) 1413 , Statement and Acknowledgment, for each subcontract for construction within the United States, including the subcontractor’s signed and dated acknowledgment that the clauses set forth in paragraph (b) of this clause have been included in the subcontract. (2) Within 14 days after the award of any subsequently awarded subcontract the Contractor shall deliver to the Contracting Officer an updated completed SF 1413 for such additional subcontract. (e) The Contractor shall insert the substance of this clause, including this paragraph (e) in all subcontracts for construction within the United States. (End of clause)