Overview
This section specifies the administrative path for resolving disagreements regarding labor standards in service contracts, directing them away from the standard contract dispute process.
Key Rules
- Exclusion from General Disputes: Labor standards disputes are explicitly excluded from the standard "Disputes" clause (FAR 52.333-1) typically used for contract claims.
- Governing Clause: Resolution of these disputes is mandated to follow paragraph (t) of the clause at FAR 52.222-41, Service Contract Labor Standards.
- Jurisdictional Authority: By referencing 52.222-41(t), the regulation reinforces that the Department of Labor (DOL) has the primary authority to resolve these issues rather than a Board of Contract Appeals or the Court of Federal Claims.
Practical Implications
- Contractors cannot resolve wage, hour, or classification disagreements through the standard Contract Disputes Act (CDA) claim process; they must instead utilize the Department of Labor’s administrative hearing and appeals procedures.
- Contracting Officers do not have the authority to issue a Final Decision on labor standard merits, as these matters are strictly reserved for DOL resolution.