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Under FAR Clause 52.222-11 - Subcontracts (Labor Standards) , does the actual reporting requirements stop at the Prime, or at the contracting officer?

Fixed Price Construction IDIQ. All contractors/subcontractors are SB.

As an example:

Prime uses one subcontractor. The subcontractor (acts like a prime and) subcontracts all of the actual work. The Prime does not interpret 52.222-11 to mean that all of the document generation requirements under this clause get sent to the CO; rather, submittals like Payroll, Form 1413, Apprentice Certifications and such stop at the Prime. Prime believes they only need to submit said documents on the first tier subcontractor.

...

( c ) The Prime contractor shall be responsible for compliance by any subcontractor or lower tier subcontractor performing construction within the United States with all the contract clauses cited in paragraph (b ) .

Initially I read the clause and disagreed; it seemed an easy way around Federal labor laws if this were the case. After reading through para (d)(1) and (d)(2) of the clause a few more times, what seemed clear at first no longer seems so. Para (d)(2) states that the Contractor shall deliver an updated 1413 for additional subcontracts, which seems to imply that additional lower tier subcontractors do not generate a new 1413 -they just get added onto the current one.

(d)

(1) Within 14 days after award of the contract, the Contractor shall deliver to the Contracting Officer a completed Standard Form (SF) 1413, Statement and Acknowledgement, for each subcontract for construction within the United States, including the subcontractor's signed and dated acknowledgment that the clauses set forth in paragraph ( b ) of this clause have been included in the subcontract.

(2) Within 14 days after the award of any subsequently awarded subcontract, the Contractor shall deliver to the Contracting Officer an updated completed SF 1413 for such additional subcontract.

(e) The Contractor shall insert the substance of this clause, including this paragraph (e) in all subcontracts for construction within the United States.

After thinking about this some more, I think it's a poorly worded and confusing clause. I think the intent may be that a subcontractor should read (d)(1) as if he were the Contractor being referred to in the clause, and therefore the requirements apply to himself/herself as well. I want to say that in (d)(2), any subsequently awarded lower tier subcontracts get updated on the 1413 for that subcontractor. In turn, the lower tier subcontractors have to repeat this process until no more subcontracts occur.

Can anyone weigh in?

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See this: https://cwgassociatesllc.wordpress.com/2013/08/30/standard-form-sf-1413-statement-and-acknowledgement-form-compliance-and-reporting-tips/

The clause states that contractors and subcontractors (all tiers) performing on a Federal contract involving construction in excess of $2,000 are required to submit a fully executed SF 1413 Statement and Acknowledgement within 14 days of award of each subcontract to the Contracting Officer.

Emphasis in original.

Also see this: http://media.swf.usace.army.mil/pubdata/SBO/PDF/greenbook.pdf. Page 13, paragraph 13.

Also see Contractor Guide to the Davis Bacon Act (December 2013), published by the Naval Facilities Engineering Command. Google it. Read paragraph 1-4.

Bottom line: the prime must collect a 1413 for every subcontractor at every tier and pass it on to the contracting officer.

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