FAR 52.222-13—Compliance with Construction Wage Rate Requirements and Related Regulations.
Plain-English Summary
FAR 52.222-13 is a short incorporation clause used in construction contracts to make clear that the contract is subject to the Department of Labor’s rulings and interpretations under the Construction Wage Rate Requirements (formerly the Davis-Bacon Act) and the related labor regulations in 29 CFR parts 1, 3, and 5. Its purpose is to ensure that the wage, payroll, and labor-standard rules developed under those authorities apply to the contract without restating them in full. In practice, this clause tells contractors and contracting officers that compliance is not limited to the words of the contract itself; the incorporated DOL interpretations and regulatory requirements also govern. The clause is prescribed by FAR 22.407(a), which means it is used where the construction wage-rate requirements apply. It is important because it helps prevent disputes over whether a particular labor-standard interpretation, payroll rule, or enforcement procedure is part of the contract. The clause does not itself set wage rates or detailed labor obligations; instead, it incorporates the governing legal framework by reference.
Key Rules
DOL interpretations are incorporated
All rulings and interpretations of the Construction Wage Rate Requirements are made part of the contract by reference. This means the contractor must follow not only the statute and contract language, but also the controlling agency interpretations that explain how the rules are applied.
Related regulations are included
The clause specifically incorporates the regulations in 29 CFR parts 1, 3, and 5. These parts cover wage determinations and related labor standards administration, certified payroll and recordkeeping requirements, and enforcement procedures.
Applies in covered construction contracts
The clause is prescribed for use under FAR 22.407(a), so it is tied to contracts where the Construction Wage Rate Requirements apply. It is not a general-purpose clause for all federal contracts; it is used when construction labor standards are in scope.
Incorporation by reference controls
Because the clause incorporates external authorities by reference, those authorities have the same practical effect as if they were written into the contract. Contractors cannot avoid compliance by arguing the detailed rule was not repeated in the solicitation or contract text.
Compliance is ongoing
The clause supports continuing compliance throughout performance, not just at award. Contractors must stay current with applicable wage and labor-standard interpretations and administer payrolls, classifications, and records accordingly.
Responsibilities
Contracting Officer
Insert the clause when prescribed by FAR 22.407(a) and ensure the solicitation and contract properly identify the applicable construction wage-rate requirements. The contracting officer must also administer the contract consistently with the incorporated labor standards and coordinate with labor compliance officials when issues arise.
Contractor
Comply with the incorporated rulings, interpretations, and regulations in 29 CFR parts 1, 3, and 5 throughout performance. The contractor must pay required wages, maintain required records, submit required payroll information, and follow applicable labor-standard procedures for covered construction work.
Subcontractors
Follow the same incorporated wage and labor-standard requirements for covered work they perform. Prime contractors should flow down and monitor these obligations because subcontractor noncompliance can create contract and enforcement problems for the prime.
Agency / Department of Labor
Issue and maintain the rulings, interpretations, and regulatory guidance that define how the Construction Wage Rate Requirements are applied. These authorities also support enforcement, investigations, and compliance determinations under the labor standards program.
Practical Implications
Contractors should treat the clause as a signal to review the full labor standards framework, not just the clause text. The real compliance obligations are in the incorporated CFR parts and DOL interpretations.
A common pitfall is assuming that if a requirement is not spelled out in the contract, it does not apply. This clause does the opposite: it makes the external rules part of the contract by reference.
Payroll, classification, and recordkeeping errors are frequent sources of violations on construction contracts. Contractors should verify wage determinations, worker classifications, and certified payroll practices before work starts and throughout performance.
Contracting officers should ensure the clause is used only when appropriate and that labor standards administration is coordinated early, especially on mixed-scope or multi-prime construction projects.
Because interpretations can affect how the rules are applied in practice, contractors should monitor current DOL guidance and not rely solely on older internal templates or past project practices.
Official Regulatory Text
As prescribed in 22.407 (a) , insert the following clause: Compliance with Construction Wage Rate Requirements and Related Regulations (May 2014) All rulings and interpretations of the Construction Wage Rate Requirements and related statutes contained in 29 CFR parts 1, 3, and 5 are hereby incorporated by reference in this contract. (End of clause)