Season 11: Episode 14: FAR Facts

Hello and thank you for joining us for Episode 13 of Fun with the FAR Season 11! In our next session, we will cover FAR Part 22 (Application of Labor Laws to Government Acquisitions) and FAR Part 23 (Environment, Energy, and Water Efficiency, Renewable Energy Technologies, Occupational Safety, and Drug-Free Workplace)! As we prepare for our 14th episode of Season 11, here are a few Episode 14 FAR Facts for us to think about:

  • Agencies shall remain impartial concerning any dispute between labor and contractor management and not undertake the conciliation, mediation, or arbitration of a labor dispute. FAR 22.101-1(b)(1).
  • As a general rule, solicitations should not specify delivery or performance schedule that would require use of overtime work. FAR 22.103-3(a).
  • Contractors who fail to properly pay non-exempt employees overtime are subject to liquidated damages. FAR 22.302(a).
  • The Department of Labor is responsible for issuing wage determinations (“WD”) reflecting “prevailing wages,” including fringe benefits. FAR 22.404.
  • Under the Government’s E-Verify program, federal contractors must enroll either all new employees (within 3 business days after the date of hire) or employees assigned to the federal government contract (within 30 days after being assigned to the contract). FAR 222-54(b)(ii) and (iii).
  • The Drug Free Workplace Act clause set forth at FAR 223-6 is not required in contracts for the acquisition of commercial items or work performed outside the United States and its outlying areas. FAR 23.501.
  • The current and prior versions of the FAR can be found online at acquisition.gov

Related Post

Asserting Duress in Signing a Modification

Asserting Duress in Signing a Modification

Sand Point Services, LLC brought two claims before the Armed Services Board of Contract Appeals, both involving modifications and asserting duress.  Sand Point Servs., LLC, ASBCA Nos. 61819, 61820, January 4, 2024.  The first modification for certain “punch list...