Voyager Posted September 20, 2022 Report Share Posted September 20, 2022 We started a new page now so let me go get what I quoted before, from FAR 22.406. I'll just restate it. Quote FAR 22.406 Administration and enforcement. * * * * 22.406-4 Apprentices and trainees. (a) The contracting officer shall review the contractor's employment and payment records of apprentices and trainees made available pursuant to the clause at 52.222-8, Payrolls and Basic Records, to ensure that the contractor has complied with the clause at 52.222-9, Apprentices and Trainees. (b) If a contractor has classified employees as apprentices or trainees without complying with the requirements of the clause at 52.222-9, the contracting officer shall reject the classification and require the contractor to pay the affected employees at the rates applicable to the classification of the work actually performed. * * * * 22.406-6 Payrolls and statements. (a) Submission. In accordance with the clause at 52.222-8, Payrolls and Basic Records, the contractor must submit or cause to be submitted, within 7 calendar days after the regular payment date of the payroll week covered, for the contractor and each subcontractor, (1) copies of weekly payrolls applicable to the contract, and (2) weekly payroll statements of compliance. The contractor may use the Department of Labor Form WH-347, Payroll (For Contractor's Optional Use), or a similar form that provides the same data and identical representation. (b) Withholding for nonsubmission. If the contractor fails to submit copies of its or its subcontractors' payrolls promptly, the contracting officer shall, from any payment due to the contractor, withhold approval of an amount that the contracting officer considers necessary to protect the interest of the Government and the employees of the contractor or any subcontractor. * * * * 22.406-7 Compliance checking. (a) General. The contracting officer shall make checks and investigations on all contracts covered by this subpart as may be necessary to ensure compliance with the labor standards requirement of the contract. (b) Regular compliance checks. Regular compliance checking includes the following activities: (1) Employee interviews to determine correctness of classifications, rates of pay, fringe benefits payments, and hours worked. (See Standard Form 1445.) (2) On-site inspections to check type of work performed, number and classification of workers, and fulfillment of posting requirements. (3) Payroll reviews to ensure that payrolls of prime contractors and subcontractors have been submitted on time and are complete and in compliance with contract requirements. (4) Comparison of the information in this paragraph (b) with available data, including daily inspector's report and daily logs of construction, to ensure consistency. * * * * 22.406-8 Investigations * * * * 22.406-9 Withholding from or suspension of contract payments. ... (b) Suspension of contract payments. If a contractor or subcontractor fails or refuses to comply with the labor standards clauses of the Construction Wage Rate Requirements statute and related statutes, the agency, upon its own action or upon the written request of the Department of Labor, must suspend any further payment, advance, or guarantee of funds until the violations cease or until the agency has withheld sufficient funds to compensate employees for back wages, and to cover any liquidated damages due. To also shine a light on the terms and conditions of federal construction: FAR 52.222-9 noncompliance allows the buyer to change the contractor's actual costs at no change in the contract price; FAR 52.222-8 noncompliance in conjunction with the FAR 52.222-6 Wage Determinations and FAR 52.222-7 allows the buyer to withhold payment, then suspend all payments; FAR 52.222-10 incorporates the Copeland Act (29 CFR Part 3) into the contract; FAR 52.222-12 encourages use of the very governmental Contract Termination procedures; FAR 52.222-13 and -14 incorporate 29 CFR Parts 1 and 5 rulings and interpretations into the contract; and Any of the above cited clauses in conjunction with FAR 52.222-11's flow-down provisions give the contractor the power granted to the buyer in the clause for purposes of resolving a similar noncompliance at the subcontract level. Please, compare these for similar terms and conditions incorporated into contracts by FLSA and state laws. I am genuinely curious, not 200% sure of myself - and willing to be convinced. Quote Link to comment Share on other sites More sharing options...
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