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The Revolutionary FAR Overhaul has published a revised version of this clause. The RFO version supersedes the eCFR text below for contracts using the RFO model; see the RFO deviation for applicability.
52.222-11 Subcontracts (Labor Standards).
As prescribed in 22.407(a), insert the following clause:
Subcontracts (Labor Standards) (MAY 2014)
(a)
Definition.
Construction, alteration or repair
, as used in this clause, means all types of work done by laborers and mechanics employed by the construction Contractor or construction subcontractor on a particular building or work at the site thereof, including without limitation—
(1) Altering, remodeling, installation (if appropriate) on the site of the work of items fabricated off-site;
(2) Painting and decorating;
(3) Manufacturing or furnishing of materials, articles, supplies, or equipment on the site of the building or work;
(4) Transportation of materials and supplies between the site of the work within the meaning of paragraphs (a)(1)(i) and (ii) of the "site of the work" as defined in the FAR clause at 52.222-6, Construction Wage Rate Requirements of this contract, and a facility which is dedicated to the construction of the building or work and is deemed part of the site of the work within the meaning of paragraph (2) of the
site of the work
definition; and
(5) Transportation of portions of the building or work between a secondary site where a significant portion of the building or work is constructed, which is part of the "site of the work" definition in paragraph (a)(1)(ii) of the FAR clause at 52.222-6, Construction Wage Rate Requirements, and the physical place or places where the building or work will remain (paragraph (a)(1)(i) of the FAR clause at 52.222-6, in the "site of the work" definition).
(b) The Contractor shall insert in any subcontracts for construction, alterations and repairs within the United States the clauses entitled—
(1) Construction Wage Rate Requirements;
(2) Contract Work Hours and Safety Standards—Overtime Compensation (if the clause is included in this contract);
(3) Apprentices and Trainees;
(4) Payrolls and Basic Records;
(5) Compliance with Copeland Act Requirements;
(6) Withholding of Funds;
(7) Subcontracts (Labor Standards);
(8) Contract Termination—Debarment;
(9) Disputes Concerning Labor Standards;
(10) Compliance with Construction Wage Rate Requirements and Related Regulations; and
(11) Certification of Eligibility.
(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).
(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 Acknowledgment, 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.
(End of clause)
[53 FR 4947, Feb. 18, 1988, as amended at 70 FR 33668, June 8, 2005; 79 FR 24217, Apr. 29, 2014]
22.407(a)
(a) Insert the following clauses in solicitations and contracts in excess of $2,000 for construction within the United States:
(1) 52.222-6, Construction Wage Rate Requirements.
(2) 52.222-7, Withholding of Funds.
(3) 52.222-8, Payrolls and Basic Records.
(4) 52.222-9, Apprentices and Trainees.
(5) 52.222-10, Compliance with Copeland Act Requirements.
(6) 52.222-11, Subcontracts (Labor Standards).
(7) 52.222-12, Contract Termination-Debarment.
(8) 52.222-13, Compliance with Construction Wage Rate Requirements and Related Regulations.
Version history is sourced from the codified eCFR. Changes published only as class deviations or by the Revolutionary FAR Overhaul do not appear here until they are incorporated into the eCFR. For RFO-driven changes see the RFO Version tab and any active deviations cited above.
No version history available from eCFR.
RFO Version
Comparison of the codified eCFR text against the Revolutionary FAR Overhaul revision. Highlights show additions (green) and deletions (red, struck through).
Clause Text
Substantive changes. The RFO version differs materially from the eCFR text.
eCFR (codified)
RFO (implemented)
Unchanged
52.222-11 Subcontracts (Labor Standards).
eCFR (codified)
RFO (implemented)
2 added, 1 removed
As prescribed in 22.407(a), insert the following clause:
As prescribed in 22.402-4(a) (6), insert the following clause:
2 added, 2 removed
Subcontracts (Labor Standards) (MAY 2014)
Subcontracts (Labor Standards) (DEVIATION DATE)
40 added
(a)
(a) Definition.
(a)
(a) Definition. "Construction, alteration or repair," as used in this clause, means all types of work done by laborers and mechanics employed by the construction Contractor or construction subcontractor on a particular building or work at the site thereof, including without limitation-
40 removed
Construction, alteration or repair, as used in this clause, means all types of work done by laborers and mechanics employed by the construction Contractor or construction subcontractor on a particular building or work at the site thereof, including without limitation—
(1)
(1) Altering, remodeling, installation (if appropriate) on the site of the work of items fabricated off-site;
(1)
(1) Altering, remodeling, installation (if appropriate) on the site of the work of items fabricated off-site;
(2)
(2) Painting and decorating;
(2)
(2) Painting and decorating;
(3)
(3) Manufacturing or furnishing of materials, articles, supplies, or equipment on the site of the building or work;
(3)
(3) Manufacturing or furnishing of materials, articles, supplies, or equipment on the site of the building or work;
2 added, 2 removed
(4)
(4) Transportation of materials and supplies between the site of the work within the meaning of paragraphs (a)(1)(i) and (ii) of the "site of the work" as defined in the FAR clause at 52.222-6, Construction Wage Rate Requirements of this contract, and a facility which is dedicated to the construction of the building or work and is deemed part of the site of the work within the meaning of paragraph (2) of the site of the work definition; and
(4)
(4) Transportation of materials and supplies between the site of the work within the meaning of paragraphs (a)(1)(i) and (ii) of the "site of the work" as defined in the FAR clause at 52.222-6, Construction Wage Rate Requirements of this contract, and a facility which is dedicated to the construction of the building or work and is deemed part of the site of the work within the meaning of paragraph (2) of the "site of the work" definition; and
(5)
(5) Transportation of portions of the building or work between a secondary site where a significant portion of the building or work is constructed, which is part of the "site of the work" definition in paragraph (a)(1)(ii) of the FAR clause at 52.222-6, Construction Wage Rate Requirements, and the physical place or places where the building or work will remain (paragraph (a)(1)(i) of the FAR clause at 52.222-6, in the "site of the work" definition).
(5)
(5) Transportation of portions of the building or work between a secondary site where a significant portion of the building or work is constructed, which is part of the "site of the work" definition in paragraph (a)(1)(ii) of the FAR clause at 52.222-6 , Construction Wage Rate Requirements, and the physical place or places where the building or work will remain (paragraph (a)(1)(i) of the FAR clause at 52.222-6 , in the "site of the work" definition).
2 added, 2 removed
(b)
(b) The Contractor shall insert in any subcontracts for construction, alterations and repairs within the United States the clauses entitled—
(b)
(b) The Contractor must insert in any subcontracts for construction, alterations and repairs within the United States the clauses entitled-
(1)
(1) Construction Wage Rate Requirements;
(1)
(1) Construction Wage Rate Requirements;
(2)
(2) Contract Work Hours and Safety Standards—Overtime Compensation (if the clause is included in this contract);
(2)
(2) Contract Work Hours and Safety Standards-Overtime Compensation (if the clause is included in this contract);
(3)
(3) Apprentices and Trainees;
(3)
(3) Apprentices and Trainees;
(4)
(4) Payrolls and Basic Records;
(4)
(4) Payrolls and Basic Records;
(5)
(5) Compliance with Copeland Act Requirements;
(5)
(5) Compliance with Copeland Act Requirements;
(6)
(6) Withholding of Funds;
(6)
(6) Withholding of Funds;
(7)
(7) Subcontracts (Labor Standards);
(7)
(7) Subcontracts (Labor Standards);
(8)
(8) Contract Termination—Debarment;
(8)
(8) Contract Termination-Debarment;
(9)
(9) Disputes Concerning Labor Standards;
(9)
(9) Disputes Concerning Labor Standards;
(10)
(10) Compliance with Construction Wage Rate Requirements and Related Regulations; and
(10)
(10) Compliance with Construction Wage Rate Requirements and Related Regulations; and
(11)
(11) Certification of Eligibility.
(11)
(11) Certification of Eligibility.
1 added, 1 removed
(c)
(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).
(c)
(c) The prime Contractor must 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).
1 added, 59 removed
(d)(1)
(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 Acknowledgment, 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.
(d)(1)
(d)
43 added, 13 removed
(2)
(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.
(2)
(1) Within 14 days after award of the contract, the Contractor must deliver to the Contracting Officer a completed Standard Form (SF) 1413, Statement and Acknowledgment, 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.
25 added, 19 removed
(e)
(e) The Contractor shall insert the substance of this clause, including this paragraph (e) in all subcontracts for construction within the United States.
(e)
(2) Within 14 days after the award of any subsequently awarded subcontract the Contractor must deliver to the Contracting Officer an updated completed SF 1413 for such additional subcontract.
23 added
(e)
(e)
(e) The Contractor must insert the substance of this clause, including this paragraph (e) in all subcontracts for construction within the United States.
(End of clause)
(End of clause)
21 removed
[53 FR 4947, Feb. 18, 1988, as amended at 70 FR 33668, June 8, 2005; 79 FR 24217, Apr. 29, 2014]
Prescription
Substantive changes. The RFO prescription differs materially from the eCFR prescription.