FAR 52.222—[Reserved]
Contents
- 52.222-1
Notice to the Government of Labor Disputes.
FAR 52.222-1, Notice to the Government of Labor Disputes, is a short but important clause that requires the contractor to promptly alert the Government when a labor dispute may affect contract performance. It covers actual or potential labor disputes, the timing trigger for notice, the content of the notice, and the recipient of the notice—the Contracting Officer. In practice, the clause is meant to give the Government early warning so it can assess schedule risk, consider contingency actions, and protect mission continuity if strikes, picketing, work stoppages, lockouts, or other labor-related disruptions threaten timely performance. The clause does not itself resolve the labor dispute or shift responsibility for performance; instead, it creates a reporting duty so the Government is not surprised by delays. For contractors, the practical significance is that awareness of a labor issue can trigger an immediate communication obligation even before an actual delay occurs. For contracting officers, it provides a formal basis to receive timely information and coordinate any necessary Government response.
- 52.222-2
Payment for Overtime Premiums.
FAR 52.222-2, Payment for Overtime Premiums, controls when a contractor may charge overtime premium costs to the Government and when prior approval is required. The clause addresses the basic authorization for overtime, the dollar threshold the parties negotiate for allowable overtime premiums, and four express exceptions where overtime premiums may be paid regardless of that threshold: emergencies, indirect-labor work, continuous operations that cannot reasonably be interrupted, and overtime that will reduce overall Government cost. It also sets out what a contractor must submit when requesting approval for overtime premiums above the negotiated amount, including workload and staffing data, schedule impact, effects on other Government contracts, and why multishift operations or additional staffing are not feasible. In practice, this clause is a cost-control and scheduling tool: it helps the contracting officer decide whether overtime is justified, prevents unnecessary premium labor charges, and forces the contractor to show that overtime is truly needed or economically beneficial. It matters both for contract pricing and for day-to-day performance management because unapproved or unsupported overtime premiums may be unallowable or disallowed, while properly justified overtime can protect schedule performance and reduce total program cost.
- 52.222-3
Convict Labor.
FAR 52.222-3, Convict Labor, restricts the use of incarcerated labor on federal contracts and explains the limited situations where certain individuals with criminal justice supervision status may still work. The clause covers the general prohibition on employing persons serving a sentence of imprisonment imposed by courts of a State, the District of Columbia, Puerto Rico, the Northern Mariana Islands, American Samoa, Guam, or the U.S. Virgin Islands, and then lists exceptions for people on parole or probation, people who have been pardoned or have completed their sentences, and certain work-release or community employment programs for persons confined for violations of those jurisdictions’ laws. It also addresses the conditions that must be met for authorized work-release employment, including voluntary participation, consultation with labor representatives, no displacement of workers, no use in labor-surplus occupations, no impairment of existing service contracts, local prevailing pay and conditions, and certification by the Attorney General that the jurisdiction’s work-release laws conform to Executive Order 11755 as amended. In practice, the clause is meant to prevent exploitation of prison labor in federal contract performance while allowing carefully controlled rehabilitation and work-release arrangements that do not undercut the local labor market or violate labor standards. Contractors must screen labor sources and subcontracting arrangements carefully, and contracting officers should ensure the clause is included when prescribed and that any claimed exception is legally supportable.
- 52.222-4
Contract Work Hours and Safety Standards -Overtime Compensation.
FAR 52.222-4 implements the Contract Work Hours and Safety Standards statute’s overtime requirements for contracts involving laborers and mechanics. It covers when overtime must be paid, the contractor’s and subcontractor’s liability for unpaid wages and liquidated damages, the Government’s right to withhold funds to cover those liabilities, payroll and basic recordkeeping requirements, Government inspection and employee interview rights, and flowdown requirements to subcontractors and lower-tier subcontractors. In practice, this clause is a compliance and enforcement tool: it ensures covered workers are paid time-and-a-half for hours over 40 in a workweek, gives the Government remedies if that does not happen, and creates documentation and oversight rights so violations can be detected and corrected. It matters both to contractors, who must manage labor costs and subcontract compliance, and to contracting officers, who must monitor, withhold, and assess damages when violations occur. The clause also ties into Department of Labor regulations and the inflation-adjusted liquidated damages rate, so compliance requires attention not just to the contract text but also to current regulatory guidance.
- 52.222-5
Construction Wage Rate Requirements-Secondary Site of the Work.
FAR 52.222-5 is a solicitation provision used in construction contracting to address wage coverage for work performed away from the primary site of the work, specifically at a “secondary site of the work” as that term is defined in FAR 52.222-6, Construction Wage Rate Requirements. The provision tells offerors when they must notify the Government that they plan to perform work at such a site, and it requires them to seek a Contracting Officer determination if they are unsure whether a planned location qualifies as a secondary site. It also establishes the process for obtaining a wage determination when the wage determination applicable to the primary site does not apply to the secondary site. Finally, it makes clear that asking for a secondary-site wage determination does not extend the solicitation due date. In practice, this provision helps ensure the correct Davis-Bacon wage rates are identified before award, reduces later disputes about wage coverage, and places the burden on the offeror to surface secondary-site issues early enough for the Government to address them.
- 52.222-6
Construction Wage Rate Requirements.
FAR 52.222-6 implements the Construction Wage Rate Requirements (formerly the Davis-Bacon Act) for covered construction contracts. It tells contractors and contracting officers how to identify the "site of the work," which laborers and mechanics are covered, how often and how much they must be paid, how fringe benefits are treated, how to handle workers who perform more than one classification of work, and where the wage determination and poster must be displayed. It also addresses special rules for secondary sites of the work, transportation between sites, and the treatment of bona fide fringe benefits and weekly/quarterly benefit contributions. In addition, it sets out the process for adding a missing labor classification through conformance, including the conditions the Contracting Officer must verify and the reporting requirement to the Department of Labor when the parties agree on a classification and rate. In practice, this clause is central to wage compliance on federal construction projects because it determines who is covered, what wage rates apply, and how payroll and posting obligations must be administered across the prime contractor and subcontractors.
- 52.222-7
Withholding of Funds.
FAR 52.222-7, Withholding of Funds, gives the Government a payment-enforcement tool to ensure workers on covered contracts are paid the wages required by the contract, including prevailing wage obligations. The clause addresses when the Contracting Officer must or may withhold accrued payments or advances, the role of a written request from an authorized Department of Labor representative, the ability to reach funds under the same prime contractor across other Federal contracts and certain federally assisted contracts subject to prevailing wage requirements, and the special treatment of laborers and mechanics, including apprentices, trainees, and helpers. It also covers the Contracting Officer’s authority to act on his or her own initiative, the requirement for written notice to the contractor before suspending further payments in the event of wage-payment failures, and the duration of that suspension until violations cease. In practice, the clause is a backstop for wage compliance: it protects workers, gives DOL and contracting officials leverage to correct underpayment, and creates real cash-flow consequences for contractors and potentially affected subcontractors. Contractors should treat it as an immediate compliance risk because withholding can affect current and future payments across multiple contracts, not just the contract where the violation occurred.
- 52.222-8
Payrolls and Basic Records.
FAR 52.222-8, Payrolls and Basic Records, is the Davis-Bacon Act recordkeeping and payroll-submission clause used in construction contracts subject to prevailing wage requirements. It covers what payroll and labor records must be kept, how long they must be retained, what information those records must contain, how fringe benefits and bona fide benefit plans must be documented, and what special records are required for apprentices and trainees. It also requires weekly certified payroll submissions, explains the use of Optional Form WH-347, limits the personal information that must be sent weekly, and places responsibility on the prime contractor to collect subcontractor payrolls. The clause further requires records to be made available for inspection and employee interviews, and it authorizes payment suspension and possible debarment for failure to comply. In practice, this clause is a core compliance tool for prevailing wage enforcement: it lets the contracting officer and the Department of Labor verify that workers were properly classified and paid, that fringe benefits were properly credited, and that the contractor’s payroll certifications are accurate and complete.
- 52.222-9
Apprentices and Trainees.
FAR 52.222-9, Apprentices and Trainees, sets the rules for when contractors may pay less than the wage determination rate to apprentices or trainees on federally covered construction work. It addresses who qualifies as an apprentice or trainee, the need for individual registration in an approved program, allowable apprentice-to-journeyman and trainee-to-journeyman ratios, wage and fringe benefit requirements, what happens when work is performed outside the locality where the program is registered, and the consequences if a program loses approval. It also requires that workers listed at apprentice or trainee rates who are not properly registered, or who exceed the permitted ratio, be paid the full applicable wage determination rate for the work actually performed. Finally, the clause ties the use of apprentices and trainees to equal employment opportunity requirements under Executive Order 11246 and 29 CFR Part 30. In practice, this clause is a Davis-Bacon compliance control: it allows legitimate training programs to be used on construction projects, but only within strict registration, ratio, pay, and fringe rules.
- 52.222-10
Compliance with Copeland Act Requirements.
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.
- 52.222-11
Subcontracts (Labor Standards).
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.
- 52.222-12
Contract Termination-Debarment.
FAR 52.222-12, Contract Termination-Debarment, is a labor-standards enforcement clause used in certain construction contracts. It tells contractors that violating specified Davis-Bacon and related labor clauses can have serious consequences, including termination of the contract and debarment of the contractor and subcontractor under 29 CFR 5.12. The clause specifically ties enforcement to breaches of the clauses for Construction Wage Rate Requirements, Contract Work Hours and Safety Standards-Overtime Compensation, Apprentices and Trainees, Payrolls and Basic Records, Compliance with Copeland Act Requirements, Subcontracts (Labor Standards), Compliance with Construction Wage Rate Requirements and Related Regulations, and Certification of Eligibility. In practice, this clause serves as a warning and enforcement mechanism: it makes clear that labor compliance is not just a contract administration issue, but a potential basis for exclusion from future federal work. It matters because it reinforces the government’s ability to protect prevailing wage workers, ensure accurate payroll and recordkeeping, and deter subcontractor and prime contractor misconduct on covered construction projects.
- 52.222-13
Compliance with Construction Wage Rate Requirements and Related Regulations.
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.
- 52.222-14
Disputes Concerning Labor Standards.
FAR 52.222-14, Disputes Concerning Labor Standards, tells contractors and contracting officers how to handle disagreements that involve labor standards requirements rather than ordinary contract administration issues. It points readers to the Department of Labor’s dispute procedures in 29 CFR parts 5, 6, and 7, and makes clear that those procedures control instead of the contract’s standard Disputes clause. The clause applies to disputes involving labor standards matters between the contractor or subcontractors and the contracting agency, the Department of Labor, or employees or their representatives. In practice, this means wage determinations, prevailing wage compliance, labor classification, and related labor standards issues are routed through the labor-standards process, not treated as routine contract disputes under the CDA-style disputes clause. The clause exists to preserve DOL’s primary role in administering and enforcing labor standards laws and to avoid conflicting resolution paths. For contractors, the practical significance is that the forum, procedure, and decision-maker may be different from what they expect under normal contract disputes.
- 52.222-15
Certification of Eligibility.
FAR 52.222-15, Certification of Eligibility, is a labor-standards integrity clause used in covered federal contracts to ensure that the contractor and its interested persons are not barred from receiving Government contracts under the Davis-Bacon Act and related labor rules. The clause addresses three main topics: the contractor’s certification of eligibility at contract award, a prohibition on subcontracting any part of the contract to an ineligible person or firm, and notice that false statements can trigger criminal penalties under 18 U.S.C. 1001. In practice, this clause is meant to keep debarred or otherwise ineligible parties out of federally funded construction and other covered work, protecting the Government from awarding work to entities that have been excluded for serious labor-law violations. It also places an ongoing compliance obligation on contractors to screen ownership interests and subcontractors, not just the prime contractor itself. For contracting officers, the clause provides a straightforward contractual hook to confirm eligibility and enforce downstream restrictions. For contractors, it means eligibility is not a one-time box-checking exercise; it requires diligence before award and before any subcontracting decisions are made.
- 52.222-16
Approval of Wage Rates.
FAR 52.222-16, Approval of Wage Rates, governs when a contractor must obtain written approval before paying construction laborers and mechanics straight-time wages or overtime rates that are higher than the wage rates in the applicable Construction Wage Rate Requirements minimum wage determination included in the contract. The clause is designed to give the Government control over wage-rate increases above the required minimums on covered construction work, while still ensuring workers are paid properly for overtime actually worked. It applies only when the contractor proposes to pay rates above the contract’s wage determination for corresponding classifications, and it requires approval by the head of the contracting activity or an expressly designated representative. The clause also allocates financial risk: if the contractor pays more than the approved rate, the excess is the contractor’s responsibility and is not reimbursable by the Government. In practice, this clause matters because it affects labor pricing, payroll compliance, subcontractor oversight, and whether overtime can be used on the job without prior Government authorization.
- 52.222-17
[Reserved]
- 52.222-18
Certification Regarding Knowledge of Child Labor for Listed End Products.
FAR 52.222-18 is a solicitation provision that requires offerors to address the risk of forced or indentured child labor in certain listed end products. It defines “forced or indentured child labor,” identifies the specific end products and countries of origin covered by the solicitation, and requires the offeror to certify one of two positions: either it will not supply the listed end product from the listed country, or it may supply it but only after making a good-faith effort to determine whether forced or indentured child labor was used and concluding it is not aware of such use. In practice, this provision is a supply-chain screening and certification tool tied to the government’s list of products and countries of concern. It matters because an offeror’s certification affects award eligibility, and inaccurate or unsupported certifications can create compliance, responsibility, and enforcement risk. The provision is especially important for contractors with global sourcing, distributors, resellers, and integrators that may not directly manufacture the end product but still must know the origin and labor conditions associated with the items they offer.
- 52.222-19
Child Labor-Cooperation with Authorities and Remedies.
FAR 52.222-19 addresses the Government’s enforcement tools for products made with forced or indentured child labor. It covers four main topics: when the clause applies and when it does not apply based on country of origin and acquisition thresholds; the contractor’s duty to cooperate with authorized investigations; the violations that can trigger Government action; and the remedies available, including termination, suspension, and debarment. In practice, this clause is a compliance and enforcement mechanism tied to child labor prohibitions, not just a paperwork requirement. It matters because contractors may be asked to provide records, access, or other assistance during an investigation, and failure to cooperate or knowingly furnishing affected products can lead to serious contract and responsibility consequences. The clause also interacts with the certification regarding knowledge of child labor for listed end products, so contractors should treat certifications and supply-chain due diligence as linked obligations. For contracting officers, the clause provides a basis to respond when credible evidence suggests a violation and to coordinate with suspension and debarment officials when warranted.
- 52.222-20
Contracts for Materials, Supplies, Articles, and Equipment.
FAR 52.222-20 is a labor standards clause that applies to contracts for the manufacture or furnishing of materials, supplies, articles, or equipment when the contract amount exceeds, or may exceed, the threshold in FAR 22.602 and the contract is subject to 41 U.S.C. chapter 65. Its purpose is to flow the statutory minimum wage requirements for certain federal supply-type contracts into the contract itself and to make clear that the contractor must comply with the Department of Labor’s implementing regulations at 41 CFR chapter 50. The clause also incorporates by reference all required stipulations under the statute and DOL regulations, including future rulings and interpretations issued by the Secretary of Labor. In practice, this means contractors must ensure covered employees are paid at least the applicable federal minimum wage, while recognizing limited exceptions for learners, student learners, apprentices, and workers with disabilities when permitted under the Fair Labor Standards Act framework. For contracting officers, the clause is a mandatory solicitation and contract provision when the statutory and dollar-threshold conditions are met, and it serves as the vehicle for enforcing these wage requirements in covered supply contracts.
- 52.222-21
Prohibition of Segregated Facilities.
FAR 52.222-21, Prohibition of Segregated Facilities, is an equal employment opportunity clause that bars contractors from maintaining or allowing segregated facilities in connection with contract performance. It defines key terms, including “segregated facilities,” “sexual orientation,” and “gender identity,” and explains what kinds of spaces are covered, such as waiting rooms, work areas, rest rooms, eating areas, time clocks, locker rooms, parking lots, drinking fountains, recreation areas, transportation, and housing facilities. The clause also clarifies an important exception: separate or single-user rest rooms, and necessary dressing or sleeping areas provided to assure privacy between the sexes, are not considered prohibited segregated facilities. In practice, the clause requires contractors to ensure that their own establishments and any locations under their control are free from segregation based on race, color, religion, sex, sexual orientation, gender identity, or national origin. It also makes clear that a violation of this clause is a violation of the contract’s Equal Opportunity clause and requires flowdown to covered subcontracts and purchase orders. The purpose is to prevent discriminatory separation in workplace facilities and to reinforce nondiscrimination obligations throughout the contracting chain.
- 52.222-22
Previous Contracts and Compliance Reports.
FAR 52.222-22 is a solicitation provision used in connection with the Equal Opportunity clause and affirmative action compliance framework in federal contracting. It requires the offeror to represent whether it has participated in a previous contract or subcontract subject to the Equal Opportunity clause and whether it has filed all required compliance reports. The provision also addresses proposed subcontractors by requiring the offeror to obtain signed representations from them before subcontract awards, confirming submission of required compliance reports. In practice, this provision helps the Government screen for basic equal employment opportunity compliance history and ensures that compliance-report obligations are carried through to subcontracting. It is a preaward representation, so it affects proposal preparation, subcontract planning, and the contractor’s internal recordkeeping and compliance coordination. The section is important because inaccurate representations can create award risk, compliance follow-up, and potential responsibility or performance issues if reporting obligations have not been met.
- 52.222-23
Notice of Requirement for Affirmative Action to Ensure Equal Employment Opportunity for Construction.
FAR 52.222-23 is the solicitation provision that tells construction offerors how affirmative action and equal employment opportunity requirements will apply if they receive the contract. It points the offeror to the Equal Opportunity clause and the separate construction affirmative action compliance clause, then states the minority and female participation goals that apply to the contractor’s aggregate workforce in each trade within the covered area. It explains how compliance is measured under Executive Order 11246 and 41 CFR 60-4, including the need for good-faith efforts, substantially uniform employment and training patterns, and the prohibition on shifting workers between projects or contractors solely to meet goals. The provision also requires notice to the Department of Labor’s Deputy Assistant Secretary for Federal Contract Compliance when construction subcontracts over $10,000 are awarded, and it defines the “covered area” for the solicitation and resulting contract. In practice, this provision is important because it makes the contractor’s affirmative action obligations concrete at the solicitation stage, ties compliance to actual work hours and project-level staffing practices, and creates reporting duties that can affect subcontract administration and OFCCP oversight.
- 52.222-24
Preaward On-Site Equal Opportunity Compliance Evaluation.
FAR 52.222-24 is a solicitation provision used when a contract is expected to be $10 million or more. It tells offerors that the prospective contractor, and any known first-tier subcontractors with anticipated subcontracts of $10 million or more, may be subject to a preaward on-site equal opportunity compliance evaluation by the Office of Federal Contract Compliance Programs (OFCCP). The provision also creates an important exception: if OFCCP has already conducted an evaluation within the preceding 24 months and found the prospective contractor and subcontractors to be in compliance with Executive Order 11246, the preaward evaluation requirement does not apply. In practice, this provision alerts bidders that award may be delayed or conditioned on OFCCP review, and it requires contractors to identify relevant first-tier subcontractors early so the government can assess whether a compliance evaluation is needed. The section is about preaward equal employment opportunity enforcement, not postaward performance, and it helps the government screen large procurements for compliance risk before contract award.
- 52.222-25
Affirmative Action Compliance.
FAR 52.222-25 is a solicitation provision used to obtain an offeror’s representation about its affirmative action compliance status under the Department of Labor’s equal employment opportunity rules. It addresses whether the offeror has developed and keeps on file affirmative action programs at each establishment, as required by the Secretary of Labor’s regulations at 41 CFR 60-1 and 60-2, or whether the offeror has not previously had contracts subject to the written affirmative action program requirement. In practice, this provision helps the contracting officer identify whether the offeror is already subject to written affirmative action program obligations and whether those programs exist where required. The provision does not itself create the affirmative action program requirement; rather, it captures the offeror’s representation for use in the procurement record and compliance review. It is important because inaccurate representations can create compliance risk, and because the answer may affect how the contractor is viewed under equal employment opportunity and affirmative action obligations during contract performance.
- 52.222-26
Equal Opportunity.
FAR 52.222-26, Equal Opportunity, is the core federal contract clause implementing nondiscrimination and affirmative action obligations for covered contractors. It defines key terms such as compensation, compensation information, essential job functions, gender identity, sexual orientation, and United States, and it explains when the clause applies based on the value and timing of nonexempt federal contracts and subcontracts. It also addresses important exceptions, including work performed outside the United States by certain employees and a limited religious-organization exemption for employment of individuals of a particular religion. Substantively, the clause prohibits discrimination in employment on the bases of race, color, religion, sex, sexual orientation, gender identity, and national origin, and it requires affirmative action across hiring, promotion, demotion, transfer, recruitment, layoff, pay, and training. The clause also includes pay-transparency protections, barring retaliation for discussing compensation and requiring contractors to disseminate that prohibition to employees and applicants. In practice, this clause is a day-to-day compliance requirement that affects recruiting, job postings, employee handbooks, compensation practices, postings, union notices, and internal complaint handling, and it is a key part of a contractor’s equal employment opportunity compliance program.
- 52.222-27
Affirmative Action Compliance Requirements for Construction.
FAR 52.222-27 is the construction-specific affirmative action clause that implements Executive Order 11246 and the Department of Labor’s OFCCP requirements for equal employment opportunity on federally assisted or federally funded construction work. It covers the clause’s definitions, subcontract flowdown requirements, Hometown Plan participation, required affirmative action procedures, treatment of collective bargaining agreements and union referrals, counting apprentice and trainee hours, and the contractor’s obligation to document good-faith efforts to achieve minority and female participation goals. In practice, this clause tells construction contractors and subcontractors how to recruit, hire, train, and manage workers in covered areas so they can meet the solicitation’s stated participation goals and avoid discrimination. It also makes clear that compliance is measured by effort and documented affirmative action steps, not just by final workforce percentages. For contractors, the clause creates a continuing operational duty to maintain records, notify recruitment sources, monitor unions and hiring halls, and ensure supervisors maintain a harassment-free worksite. For contracting officers, it requires inclusion of the clause and the solicitation notice with goals, and it signals that compliance issues may involve both contract administration and OFCCP enforcement.
- 52.222-28
[Reserved]
- 52.222-29
Notification of Visa Denial.
FAR 52.222-29, Notification of Visa Denial, is an equal employment opportunity and foreign-workforce compliance clause tied to Executive Order 11246 and the implementing OFCCP regulations. It addresses two main topics: first, it defines the terms "gender identity" and "sexual orientation" by reference to the Department of Labor’s OFCCP guidance; second, it requires the contractor to notify specified U.S. Government officials when an employee or prospective employee is denied an entry visa for a country where contract performance will occur, and the contractor believes the denial is because of a protected characteristic. The clause also states the underlying policy that a contractor may not refuse to employ or assign a person in the United States and certain U.S. jurisdictions because the host-country policies conflict with the person’s race, color, religion, sex, sexual orientation, gender identity, or national origin. In practice, this clause is meant to prevent contractors from accommodating discriminatory foreign visa practices by making employment decisions based on protected traits, and to ensure the Government is informed when visa denials may reflect prohibited discrimination. For contractors, it creates a reporting obligation and a compliance checkpoint for overseas assignments; for contracting and compliance officials, it provides a mechanism to monitor potential EO 11246 violations in international performance settings.
- 52.222-30
Construction Wage Rate Requirements-Price Adjustment (None or Separately Specified Method).
FAR 52.222-30 addresses how construction wage rate requirements are handled when a contract includes an option to extend the term and the contract uses the "none or separately specified method" for price adjustment. It explains that the Department of Labor wage determination in effect when the option is exercised will apply to that option period, and it limits the Government’s obligation to adjust the contract price for resulting wage or benefit changes. The clause also covers wage determinations that apply by operation of law and other wage-and-benefit increases required by the Construction Wage Rate Requirements statute. In practical terms, this clause shifts the risk of wage escalation to the contractor unless the contract contains some other specific price-adjustment provision. It is important because it affects option pricing, labor cost forecasting, and how contractors evaluate whether to continue performance into an option period. It also helps contracting officers avoid unintended price adjustments when updated Davis-Bacon/Construction Wage Rate Requirements wage determinations take effect.
- 52.222-31
Construction Wage Rate Requirements-Price Adjustment (Percentage Method).
FAR 52.222-31 addresses how to price-adjust construction contracts when the Construction Wage Rate Requirements statute (formerly the Davis-Bacon Act) applies and the contract includes options to extend the term. It tells the contracting officer to use the wage determination in effect when an option is exercised, and it provides a percentage-method formula for adjusting only the labor-cost portion of the contract price or unit prices that is subject to prevailing wage requirements. The clause also requires the contracting officer to identify the percentage of the price attributable to covered labor and to use the published percentage rate from the specified source to calculate the increase. Importantly, the clause limits the adjustment to wage and fringe-benefit increases tied to the applicable wage determination or other legal wage requirements, and it states that this is the only adjustment for those increases. In practice, the clause is meant to reduce disputes and provide a predictable mechanism for handling labor-cost escalation on option years in construction contracts covered by prevailing wage laws.
- 52.222-32
Construction Wage Rate Requirements-Price Adjustment (Actual Method).
FAR 52.222-32, Construction Wage Rate Requirements-Price Adjustment (Actual Method), explains how to adjust contract prices when a revised Davis-Bacon/Construction Wage Rate Requirements wage determination applies to an option period or is otherwise incorporated into the contract by operation of law. It covers when the new wage determination applies, how the contractor must handle any allowance already built into the contract price, what costs are eligible for adjustment, how and when the contractor must notify the contracting officer, what supporting data must be submitted, and how the parties must continue performance while the adjustment is being resolved. The clause also sets out the actual-method computation rules for unit-priced work, including both single-craft-hour and multiple-craft-hour pricing structures, and provides an example of how the adjustment is calculated. In practice, this clause is important because it prevents double recovery, limits adjustments to actual labor-related cost changes required by the wage determination, and gives both parties a process for timely price modification without stopping performance. It is especially significant on construction contracts with options or other situations where a new wage determination may change labor costs during performance.
- 52.222-33
Notice of Requirement for Project Labor Agreement.
FAR 52.222-33 is the solicitation provision that gives offerors notice of a project labor agreement (PLA) requirement for certain large-scale construction acquisitions. It explains the basic obligation to negotiate or join a PLA, the requirement to flow that obligation down to subcontractors, and the minimum content the PLA must include, such as no-strike/no-lockout protections, dispute-resolution procedures, labor-management cooperation measures, and full conformity with applicable law and agency requirements. The provision also makes clear that the PLA does not change the contract terms or entitle the contractor to a Government price adjustment. In practice, this section is important because it tells offerors up front that labor relations planning is part of proposal preparation and contract performance, and it requires submission of the PLA with the offer, before award, or at another specified time depending on the applicable alternate. The alternates tailor when the obligation applies and when the executed PLA must be provided, including a version for orders under applicable ordering procedures. This provision works together with FAR 52.222-34, which supplies the key definitions used here, and with the agency’s PLA decision and solicitation instructions.
- 52.222-34
Project Labor Agreement.
FAR 52.222-34, Project Labor Agreement, addresses when and how a federal construction contract or order must use a project labor agreement (PLA), and what that agreement must contain. The clause defines key terms such as construction, labor organization, large-scale construction project, and project labor agreement, so contractors and contracting officers know when the requirement applies. It has a basic version for contracts where a PLA already exists before award, plus Alternate I for contracts where the contractor must negotiate or join a PLA after award, and Alternate II for orders under indefinite-delivery contracts where the agency decides to use a PLA for a particular order. The clause also covers submission of the executed PLA, required PLA content, the effect of the PLA on contract pricing and terms, the duty to keep the PLA current throughout performance, and flowdown requirements to subcontractors. In practice, this clause is intended to promote labor stability, reduce disruptions, and ensure that large federal construction projects proceed under a consistent labor framework without changing the Government’s contract price or terms because of the PLA itself.
- 52.222-35
Equal Opportunity for Veterans.
FAR 52.222-35, Equal Opportunity for Veterans, is the contract clause that implements the federal government’s veteran nondiscrimination and affirmative action requirements for covered contractors and subcontractors. It covers the definitions of the protected veteran categories used in the clause—active duty wartime or campaign badge veteran, Armed Forces service medal veteran, disabled veteran, protected veteran, qualified disabled veteran, and recently separated veteran—by cross-referencing FAR 22.1301. It also requires the contractor to comply with the equal opportunity obligations in 41 CFR 60-300.5(a), which prohibit discrimination against qualified protected veterans and require affirmative action to employ and advance them in employment. The clause further addresses subcontract flowdown, requiring insertion of the clause in covered subcontracts at or above the applicable threshold in FAR 22.1303(a), unless an exemption applies. It gives the contractor a duty to act as directed by the Director of the Office of Federal Contract Compliance Programs (OFCCP) to enforce the clause, including taking action for noncompliance, and allows appropriate wording changes to identify the correct parties in subcontract language. The alternate provision adds a preamble notice for contracts where specified terms are waived, making the waiver explicit in the contract file and clause text. In practice, this clause matters because it creates enforceable employment obligations, requires contractors to manage subcontract compliance, and can affect hiring, advancement, recordkeeping, and compliance risk across the contractor’s workforce and supply chain.
- 52.222-36
Equal Opportunity for Workers with Disabilities.
FAR 52.222-36 implements the federal government’s disability nondiscrimination and affirmative action requirements in covered contracts. It tells contractors that they must follow the equal opportunity clause at 41 CFR 60-741.5(a), which prohibits discrimination against qualified individuals on the basis of disability and requires affirmative action to employ and advance such individuals. The clause also requires flowdown to covered subcontracts and purchase orders, so the contractor must extend these obligations to lower-tier suppliers and vendors when the subcontract exceeds the applicable threshold in FAR 22.1408(a). In addition, the clause directs the contractor to take enforcement action as specified by the Director of the Office of Federal Contract Compliance Programs (OFCCP) if a subcontractor or vendor does not comply. The Alternate I text provides a limited waiver mechanism by allowing specified terms of the clause to be listed as waived in the contract preamble when prescribed by FAR 22.1408(b). In practice, this clause is a compliance and contract-administration requirement that affects hiring, advancement, subcontract drafting, and enforcement across the contractor’s supply chain.
- 52.222-37
Employment Reports on Veterans.
FAR 52.222-37 implements the federal contractor veterans’ employment reporting requirement. It covers the definitions of the protected veteran categories used in the clause, the annual reporting obligation for covered contractors, the specific data that must be reported, the required VETS-4212 filing method, the September 30 submission deadline, the 12-month reporting period rules and permitted ending dates, how veteran status information may be obtained and used, and the subcontract flowdown requirement. In practice, this clause is a compliance and recordkeeping requirement tied to the Department of Labor’s veterans’ employment reporting system, not a wage or benefit clause. It matters because contractors must collect workforce data, track hiring and employee counts by location and job category, and file the report on time each year. It also affects subcontract administration because covered subcontract terms must be flowed down unless an exemption applies. For contractors, the main practical significance is building a reliable process for collecting veteran-status data and workforce counts; for contracting officers, it is ensuring the clause is included when prescribed and understanding the flowdown obligation.
- 52.222-38
Compliance with Veterans’ Employment Reporting Requirements.
FAR 52.222-38 is a solicitation provision used to confirm an offeror’s compliance with the veterans’ employment reporting requirement in 38 U.S.C. 4212(d). It applies only when the offeror is subject to that statute, which the provision defines by reference to whether the offeror has any contract containing FAR 52.222-37, Employment Reports on Veterans. The provision requires the offeror, by submitting its offer, to represent that it has filed the most recent VETS-4212 Report required by the underlying reporting clause. In practice, this is a self-certification tied to veterans’ employment reporting compliance, not a separate reporting obligation created by the provision itself. Its purpose is to give the Government a simple pre-award assurance that covered contractors are current on their veterans’ employment reporting duties, which supports enforcement of veterans’ employment policy and helps contracting officials screen for compliance at the solicitation stage.
- 52.222-39
[Reserved]
- 52.222-40
Notification of Employee Rights Under the National Labor Relations Act.
FAR 52.222-40 implements the employee notice requirements associated with Executive Order 13496 and the National Labor Relations Act (NLRA). This clause covers when and how a contractor must post the Department of Labor’s employee notice, including the required physical posting in conspicuous places, the electronic posting requirement when the contractor customarily uses electronic notices for employees, the required link text and location for the online notice, and the requirement to use the official DOL poster or an exact duplicate. It also addresses where the poster may be obtained, the obligation to comply with the Secretary of Labor’s related rules and orders, the consequences of noncompliance such as contract termination, suspension, or debarment, and the subcontract flowdown requirement for covered subcontracts over $10,000 performed wholly or partly in the United States. In practice, this clause is about ensuring workers on covered federal contracts are informed of their NLRA rights to organize and bargain collectively, and it creates both a compliance and supply-chain obligation for contractors. Contractors must treat this as an active labor-posting requirement, not a one-time paperwork item, because the clause reaches physical worksites, electronic notice systems, and subcontract administration. Contracting officers should ensure the clause is included when prescribed and understand that enforcement may involve labor compliance remedies beyond ordinary contract administration.
- 52.222-41
Service Contract Labor Standards.
FAR 52.222-41, Service Contract Labor Standards, is the core clause that implements the Service Contract Labor Standards statute for covered service contracts and subcontracts. It tells contractors and subcontractors who counts as a "service employee," when the clause applies or is exempt, and what wage and fringe benefit obligations flow from an attached Department of Labor wage determination. It also establishes the conformance process for unlisted labor classifications, including the use of SF 1444, the timing for submitting proposed classifications and rates, the roles of the contracting officer and the Wage and Hour Division, and the requirement to notify employees of final determinations. The clause further explains how conformed rates may be established on contract modifications, option exercises, extensions, or successor contracts by indexing prior conformed rates, and it preserves the statutory floor that no covered employee may be paid less than the applicable FLSA minimum wage. In practice, this clause is the main compliance mechanism for ensuring service workers on federal contracts receive the correct prevailing wages and fringe benefits, and it creates significant administrative duties for both contractors and contracting officers whenever labor categories are missing from the wage determination or the contract changes over time.
- 52.222-42
Statement of Equivalent Rates for Federal Hires.
FAR 52.222-42, Statement of Equivalent Rates for Federal Hires, is an informational clause used in Service Contract Labor Standards (SCLS) contracts to show the wage and fringe benefit rates that would apply if the listed service employees were hired by the contracting agency under the federal wage systems in 5 U.S.C. 5341 or 5 U.S.C. 332. The clause identifies the classes of service employees expected to work under the contract and provides a comparison point between contractor labor rates and equivalent federal rates. It exists to promote transparency and help offerors, contractors, and agency personnel understand the government’s view of comparable federal compensation for the same kinds of work. In practice, it is not a wage determination, does not set the contractor’s required wages, and does not replace the Department of Labor’s wage determination under the SCLS statute and 29 CFR part 4. Its main significance is informational: it helps frame labor pricing, contract administration, and market comparison, while avoiding confusion about what rates are legally binding.
- 52.222-43
Fair Labor Standards Act and Service Contract Labor Standards-Price Adjustment (Multiple Year and Option Contracts).
FAR 52.222-43 is the price-adjustment clause used in multiple-year and option contracts when Service Contract Labor Standards (SCLS) wage determinations or Fair Labor Standards Act (FLSA) minimum wage changes affect labor costs during performance. It tells contractors and contracting officers how to handle annual or option-period wage determination updates, when the federal minimum wage applies if no SCLS wage determination is in place, and how contract prices, unit labor rates, or fixed hourly rates may be adjusted to reflect actual increases or decreases in wages and fringe benefits. The clause also explains the limited pass-through of related payroll burdens such as Social Security, unemployment taxes, and workers’ compensation insurance, while excluding general and administrative costs, overhead, and profit from the adjustment. It requires timely contractor notice, supporting documentation, written modification of the contract, and continued performance while the parties resolve the adjustment. Finally, it gives the Government audit access to relevant records for three years after final payment. In practice, this clause is designed to keep long-term service contracts aligned with legally required labor cost changes without turning the clause into a profit or contingency mechanism.
- 52.222-44
Fair Labor Standards Act and Service Contract Labor Standards-Price Adjustment.
FAR 52.222-44 sets the price-adjustment rules for contracts affected by the Fair Labor Standards Act (FLSA) and the Service Contract Labor Standards (SCLS, formerly the Service Contract Act) when wages or fringe benefits change because of a required wage determination or a later statutory minimum-wage change. It applies to both contracts covered by area prevailing wage determinations and contracts covered by contractor collective bargaining agreements, so it reaches both wage-determination-based pricing and labor rates tied to a CBA. The clause also states that the contractor’s price includes no contingency for these covered labor-cost changes, which prevents double counting and shifts only the specified labor-cost risk to the Government. In practice, the clause limits adjustments to the actual wage and fringe-benefit changes required for compliance, plus associated payroll-related costs such as Social Security, unemployment taxes, and workers’ compensation insurance, while excluding overhead, general and administrative expense, and profit. It also establishes notice requirements, requires written modification when the parties agree, obligates continued performance while the adjustment is being resolved, and gives the Government audit access to relevant records for three years after final payment. For contractors and contracting officers, this clause is the mechanism for handling mandatory labor-cost changes fairly and promptly without turning them into open-ended price renegotiations.
- 52.222-45
[Reserved]
- 52.222-46
Evaluation of Compensation for Professional Employees.
FAR 52.222-46 is a solicitation provision used in negotiated procurements for services involving professional employees. It addresses how offerors must prepare and submit a total compensation plan for professional staff, and how the Government will evaluate that plan to determine whether it reflects a sound management approach, a realistic understanding of the work, and an ability to recruit and retain qualified personnel. The provision is aimed at preventing a race to the bottom in professional labor rates when service contracts are recompeted, because unrealistically low salaries or fringe benefits can undermine continuity, quality, and performance. It specifically ties the evaluation to professional employees as defined in 29 CFR 541, and it requires the offeror to support its compensation structure with relevant data such as national and regional compensation surveys and studies. In practice, this provision gives contracting officers a basis to assess whether proposed compensation is credible and sufficient for the complexity of the work, and it warns offerors that weak compensation plans can lead to proposal rejection.
- 52.222-47
[Reserved]
- 52.222-48
Exemption from Application of the Service Contract Labor Standards to Contracts for Maintenance, Calibration, or Repair of Certain Equipment-Certification.
FAR 52.222-48 is a solicitation provision used when a contract may qualify for the Service Contract Labor Standards (SCLS) exemption for maintenance, calibration, or repair of certain equipment. It requires the offeror to certify whether the equipment is used regularly for non-Government purposes and sold or traded in substantial quantities to the general public, whether the services will be priced using established catalog or market prices, and whether the wage and fringe benefit plan for service employees matches the plan used for commercial customers servicing the same equipment. The provision also explains how the certification affects whether the related SCLS clause at FAR 52.222-51 will be included in the resulting contract, how subcontracted exempt services are treated, and what happens if the offeror does not certify. In practice, this provision is a gatekeeper: it helps the contracting officer decide whether the SCLS statute applies to the procurement and whether wage determinations and the SCLS contract clause should be included. It matters because an incorrect certification can change labor-cost obligations, contract pricing, and compliance risk for both prime contractors and subcontractors. The provision also creates a duty to notify the contracting officer promptly if the offeror does not certify and no wage determination was attached, so the government can correct the solicitation before award.
- 52.222-49
Service Contract Labor Standards-Place of Performance Unknown.
FAR 52.222-49 addresses how to handle Service Contract Labor Standards (SCLS) wage determinations when the place of performance is unknown at the time the solicitation is issued. It explains that the contract is still subject to the SCLS statute, even though the government cannot yet identify every location where the work will be performed. The clause covers three main topics: identifying any known places or areas of performance in the solicitation, requesting additional wage determinations for other places or areas by a stated deadline, and allowing offerors to compete even if a wage determination has not yet been attached or requested for a potential location. It also requires that any later-requested wage determination be incorporated into the resulting contract retroactive to the date of award, but without any price adjustment. In practice, this clause helps agencies compete service contracts when performance locations are uncertain, while preserving the statutory wage-determination framework and reducing the risk that a contractor will later claim a price increase because the location turned out to be different than expected. It is especially important for contracts involving mobile, distributed, or not-yet-finalized service locations.
- 52.222-50
Combating Trafficking in Persons.
FAR 52.222-50, Combating Trafficking in Persons, is the government’s core contract clause for preventing human trafficking, forced labor, and related abuses in federal contracting. The text you provided focuses heavily on definitions that control how the clause is applied, including agent, coercion, commercial sex act, commercially available off-the-shelf (COTS) item, debt bondage, employee, forced labor, involuntary servitude, recruitment fees, severe forms of trafficking in persons, sex trafficking, and subcontract. These definitions matter because they determine what conduct is prohibited, who is covered, what costs are impermissible, and how far the clause reaches down the supply chain. In practice, the clause is intended to stop contractors and subcontractors from using forced labor, charging workers prohibited recruitment fees, or engaging in trafficking-related misconduct in connection with contract performance. It also creates compliance obligations that extend beyond the prime contractor to agents, recruiters, labor brokers, staffing firms, and subcontractors at all tiers. For contractors, this means building labor-compliance controls into hiring, recruiting, and subcontracting practices; for contracting officers, it means ensuring the clause is included when required and that violations are addressed promptly. The clause is both a policy statement and an enforcement tool, because violations can lead to remedies such as contract remedies, suspension or debarment, and other consequences under the broader trafficking rules in FAR part 22.
- 52.222-51
Exemption from Application of the Service Contract Labor Standards to Contracts for Maintenance, Calibration, or Repair of Certain Equipment-Requirements.
FAR 52.222-51 creates a narrow exemption from the Service Contract Labor Standards (SCLS) for contracts to maintain, calibrate, or repair certain equipment when the work is tied to commercial equipment and commercial pricing and compensation practices. This clause addresses four core subjects: the type of equipment covered, the pricing basis for the services, the wage and fringe benefit plan that must be used for service employees, and the contractor’s responsibility for subcontractor compliance. It also explains that the contractor must make an affirmative determination that all exemption conditions are met before relying on the exemption, and it warns that the Department of Labor can later decide the exemption does not apply if any condition is not satisfied. In practice, the clause is meant to keep truly commercial service work outside SCLS coverage while preventing contractors from using the exemption unless the equipment, pricing, and labor practices are genuinely commercial. It also requires flowdown of the clause to subcontracts for exempt services, so the exemption is managed consistently throughout the supply chain. For contracting officers and contractors, the practical significance is that this is not a blanket exemption; it is a fact-specific determination that must be supported and monitored throughout performance.
- 52.222-52
Exemption from Application of the Service Contract Labor Standards to Contracts for Certain Services-Certification.
FAR 52.222-52 is a certification provision used when a solicitation may qualify for an exemption from the Service Contract Labor Standards (SCLS, formerly the Service Contract Act) for certain commercial services. It tells the offeror to certify whether the services are regularly sold to the general public, furnished at established catalog or market prices, performed by service employees who spend only a small portion of their time on the Government contract, and supported by the same wage-and-fringe-benefit plan used for comparable commercial work. The provision also explains how the offeror’s certification affects whether the SCLS clause will be included in the resulting contract, how subcontracted exempt services are treated, and what happens if the offeror does not certify. In practice, this provision is a gatekeeping tool: it helps the contracting officer decide whether the SCLS requirements should apply to the procurement and whether the related requirements clause should be omitted from the award. It also creates an affirmative duty for the offeror to alert the contracting officer if no wage determination was attached to the solicitation, and it prohibits award if the certification is not properly executed or the required notice is not given.
- 52.222-53
Exemption from Application of the Service Contract Labor Standards to Contracts for Certain Services-Requirements.
FAR 52.222-53 sets out the conditions under which certain service contracts can be exempted from the Service Contract Labor Standards (SCLS), formerly the Service Contract Act. This clause addresses the threshold requirements for the exemption: the services must be regularly sold to non-Governmental customers and provided to the general public in substantial quantities; the prices must be established catalog or market prices; each service employee must spend only a small portion of time on the Government contract; and the contractor must use the same compensation plan for Government and commercial service employees. It also covers subcontracting rules, including how exempt subcontractors must be selected, the contractor’s duty to verify that likely subcontractors meet the exemption conditions, what happens if the Department of Labor rejects the exemption, and the requirement to flow the clause down to subcontracts. In practice, this clause is important because it can remove SCLS wage and fringe benefit obligations from qualifying service work, but only if every condition is satisfied and maintained. Contractors must document their basis for the exemption carefully, and contracting officers should understand that the exemption is narrow, fact-specific, and vulnerable to loss if the commercial nature of the work changes or subcontracting practices do not support the exemption.
- 52.222-54
Employment Eligibility Verification.
FAR 52.222-54, Employment Eligibility Verification, implements the federal E-Verify requirements for covered contractors and subcontractors. This clause defines key terms such as COTS item, employee assigned to the contract, subcontract, subcontractor, and United States, because those definitions determine who is covered and which workers must be verified. It then sets out the enrollment and verification timelines for contractors that are not yet enrolled in E-Verify and for those already enrolled at award, including separate rules for new hires and employees assigned to the contract. The clause also provides special options for institutions of higher education, state and local governments, federally recognized Indian tribes, and sureties performing under takeover agreements, allowing them to verify only employees assigned to the contract. In addition, it allows contractors to choose to verify all existing employees hired after the statutory cutoff date instead of only contract-assigned employees, and it requires compliance with the E-Verify program Memorandum of Understanding for the full period of performance. Practically, this clause is about making sure covered work is performed by workers whose employment eligibility has been verified on time, while giving contractors clear deadlines and limited flexibility depending on their status and organization type.
- 52.222-55
Minimum Wages for Contractor Workers Under Executive Order 14026.
FAR 52.222-55 implements Executive Order 14026’s contractor minimum wage requirement for covered federal contracts. This clause addresses the definition of covered workers, the geographic scope of the rule, the initial $15.00 hourly minimum wage, annual wage updates published by the Department of Labor, contractor and subcontractor price adjustment rights and limits, the contractor’s warranty about pricing contingencies, pay period and timely payment rules, the requirement to pay wages unconditionally and limit deductions, the prohibition on using fringe benefits to satisfy the minimum wage obligation, the relationship to higher federal, state, local, or contract wage requirements, the rule that the E.O. wage controls over lower collective bargaining agreement rates, and the procedures for handling workers engaged in an occupation with special wage treatment under the implementing regulations. In practice, the clause ensures that workers performing on or in connection with covered contracts in the United States receive at least the applicable E.O. minimum wage, while also setting out how contractors may seek limited price relief when the wage increases. It matters because it affects labor pricing, payroll compliance, subcontract management, and contract administration across service, construction, and FLSA-covered work. Contractors must track annual updates and pay the higher rate when required, and contracting officers must apply the clause’s narrow price-adjustment rules without duplicating relief already available under other labor clauses. The clause also reinforces that compliance with other wage laws is still required, so contractors cannot treat the E.O. minimum as a ceiling or a substitute for prevailing wage obligations.
- 52.222-56
Certification Regarding Trafficking in Persons Compliance Plan.
FAR 52.222-56 is the solicitation provision that requires an apparent successful offeror to certify, before award, that it has a trafficking-in-persons compliance plan for certain overseas work and that it has conducted due diligence regarding prohibited trafficking-related activities. It applies only to the portion of the contract, if any, that is for supplies other than COTS items to be acquired outside the United States, or services to be performed outside the United States, when that portion exceeds $700,000 in estimated value. The provision ties directly to FAR 52.222-50, Combating Trafficking in Persons, and specifically addresses the offeror’s obligation to prevent prohibited activities, monitor subcontractors, detect violations, and terminate subcontractors engaging in prohibited conduct. It also requires the offeror to certify either that neither it nor its proposed agents, subcontractors, or their agents are engaged in prohibited activities, or, if abuses have been found, that appropriate remedial and referral actions have been taken. In practice, this provision is a pre-award compliance gate for higher-risk overseas performance, designed to force contractors to document anti-trafficking controls before the Government makes an award.
- 52.222-57
[Reserved].
- 52.222-58
[Reserved].
- 52.222-59
[Reserved].
- 52.222-60
[Reserved].
- 52.222-61
[Reserved].
- 52.222-62
Paid Sick Leave Under Executive Order 13706.
FAR 52.222-62 implements Executive Order 13706 and the Department of Labor’s paid sick leave rules at 29 CFR part 13 for covered federal contracts. This clause explains who is covered, how to determine whether work is performed "on" or "in connection with" a covered contract, what paid sick leave must be earned and when it may be used, how leave must be paid, and how contractors may satisfy the requirement through a multiemployer plan or an individual fund, plan, or program. It also addresses subcontractor compliance, withholding of contract funds, suspension of payments, termination for default or cause, and possible debarment for violations. The clause makes clear that the paid sick leave requirement is in addition to SCA and DBA obligations, cannot be credited toward prevailing wage or fringe benefit requirements under those statutes, and does not override more protective federal, state, local, or collective bargaining agreement leave rights. Finally, it includes recordkeeping obligations, which are essential for proving compliance and defending against wage or leave disputes. In practice, this clause requires contractors to track covered employees and hours carefully, administer leave consistently, and flow requirements down to subcontractors.