FAR 53.222—Application of labor laws to Government acquisitions (SF’s 308, 1413, 1444, 1445, 1446, WH-347).
Plain-English Summary
FAR 53.222 identifies the standard forms used when federal acquisitions are subject to labor standards requirements under the Davis-Bacon Act, the Contract Work Hours and Safety Standards Act, the Service Contract Labor Standards statute, and related labor-law administration procedures in FAR Part 22. This section does not itself create the labor-law obligations; instead, it prescribes the specific forms contracting officers, contractors, subcontractors, and Department of Labor personnel use to request wage determinations, document subcontractor acknowledgment of required labor clauses, seek approval of additional labor classifications and rates, conduct labor standards interviews, record labor standards investigations, and prepare payrolls. In practice, it is the paperwork and process bridge between the labor standards rules in FAR Part 22 and day-to-day contract administration. The forms covered here are SF 308, SF 1413, SF 1444, SF 1445, SF 1446, and WH-347, each tied to a specific labor compliance function and cross-referenced to the controlling FAR provisions. For contractors, this section matters because using the wrong form, failing to obtain acknowledgments, or not supporting wage/classification requests can delay award, subcontracting, or payment. For contracting officers and labor advisors, it provides the prescribed tools for documenting compliance and supporting enforcement of labor standards requirements.
Key Rules
Use prescribed labor forms
When a labor-law process requires one of the listed forms, the prescribed form must be used for that purpose. FAR 53.222 is a form prescription section, so it points users to the correct document rather than restating the substantive labor standards rules.
SF 308 for wage determinations
SF 308 is the Department of Labor request-and-response form used to obtain wage determinations. It is tied to FAR 22.404-3(a) and (b), which govern how wage determinations are requested and handled for covered acquisitions.
SF 1413 for subcontract acknowledgments
SF 1413 is used to obtain a contractor’s acknowledgment that required labor clauses have been included in subcontracts. It supports FAR 22.406-5 and helps document flowdown of labor standards requirements to lower-tier subcontractors.
SF 1444 for additional classifications
SF 1444 is used to request authorization for an additional labor classification and rate when the contract work requires a classification not already covered by the wage determination. It is linked to FAR 22.406-3(a) and 22.1019, which address approval of conformed classifications and rates.
SF 1445 and SF 1446 for enforcement
SF 1445 is the Labor Standards Interview form used during interviews with workers, and SF 1446 is the Labor Standards Investigation Summary Sheet used to document investigation findings. These forms support compliance reviews and enforcement actions under FAR 22.406-7(b) and 22.406-8(d).
WH-347 for payroll records
WH-347 is the Department of Labor payroll form for contractor optional use. It is associated with FAR 22.406-6(a) and is commonly used to document wage and hour compliance on covered contracts.
Responsibilities
Contracting Officer
Use the prescribed forms when administering labor standards requirements, obtain or direct the appropriate wage determination process, ensure subcontract flowdown documentation is collected when required, and coordinate with labor advisors or the Department of Labor on classification, interview, and investigation matters.
Contractor
Complete and submit the required forms when seeking wage determinations, requesting additional classifications, documenting subcontractor acknowledgments, and supporting labor compliance administration. The contractor must also maintain accurate payroll and labor records and cooperate with interviews and investigations.
Subcontractor
Acknowledge required labor clauses when requested, comply with applicable labor standards clauses flowed down from the prime contract, and provide accurate payroll and worker information as needed for compliance verification.
Department of Labor
Provide or receive the prescribed forms used in wage determination and labor standards administration, review requests for additional classifications and rates, and support enforcement and compliance oversight under the applicable labor statutes and regulations.
Agency Labor Advisor or Compliance Staff
Assist contracting officers with labor standards administration, review form submissions for completeness and accuracy, conduct or support interviews and investigations, and help ensure the correct form is used for the correct labor-law purpose.
Practical Implications
This section is mainly about process control: if the wrong form is used, labor standards administration can stall, especially for wage determinations and conformed classifications.
SF 1413 is important for proving that required labor clauses were flowed down to subcontractors; missing acknowledgments can create compliance gaps and audit risk.
SF 1444 is a common bottleneck because additional classification requests must be justified and approved before work proceeds at the new rate.
WH-347 is optional, but contractors often use it because it standardizes payroll reporting and makes compliance reviews easier.
SF 1445 and SF 1446 are evidence-building tools; incomplete interviews or investigation summaries can weaken enforcement actions or make it harder to resolve wage disputes.
Official Regulatory Text
The following forms are prescribed as stated below, for use in connection with the application of labor laws: (a) [Reserved] (b) [Reserved] (c) SF 308 (DOL) (Rev. 2/2013), Request for Wage Determination and Response to Request. (See 22.404-3 (a) and (b).) (d) [Reserved] (e) SF 1413 (Rev.4/2013), Statement and Acknowledgment . SF 1413 is prescribed for use in obtaining contractor acknowledgment of inclusion of required clauses in subcontracts, as specified in 22.406-5 . (f) Form SF 1444 (Rev.4/2013), Request for Authorization of Additional Classification and Rate . (See 22.406-3 (a) and 22.1019 .) (g) SF 1445 (Rev.12/96), Labor Standards Interview . (See 22.406-7 (b).) (h) SF 1446 (Rev.4/2013.), Labor Standards Investigation Summary Sheet . (See 22.406-8 (d).) (i) Form WH-347 (DOL), Payroll (For Contractor's Optional Use) . (See 22.406-6 (a).)