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section53.222

Application of labor laws to Government acquisitions (SF’s 308, 1413, 1444, 1445, 1446, WH-347)

Overview

This section prescribes the specific standard and Department of Labor forms required to implement, document, and enforce federal labor laws—such as the Construction Wage Rate Requirements statute (Davis-Bacon Act) and the Service Contract Labor Standards—within government acquisitions.

Key Rules

  • Wage Determinations (SF 308): Used to formally request a prevailing wage determination from the Department of Labor when one is not already available for a specific project or locality.
  • Subcontractor Flow-down (SF 1413): Prime contractors must use this form to obtain and provide acknowledgment that required labor clauses have been included in all lower-tier subcontracts.
  • Additional Classifications (SF 1444): Used when a required labor category is missing from an existing wage determination and needs a "conformance" to establish a rate for that specific contract.
  • Compliance Monitoring (SF 1445 & SF 1446): These forms facilitate the enforcement of labor standards through on-site employee interviews and the summarization of labor law violation investigations.
  • Certified Payroll (WH-347): While optional, this Department of Labor form is the standard method for contractors to submit weekly certified payrolls to demonstrate compliance with wage requirements.

Practical Implications

  • Compliance Documentation: These forms create a standardized "paper trail" that Contracting Officers use to ensure contractors are paying the legal minimum wages and fringe benefits.
  • Administrative Oversight: Contractors must be diligent in collecting SF 1413s from subcontractors and submitting WH-347s weekly; failure to maintain these records can result in the withholding of contract payments or Department of Labor audits.

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