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FAR and DFARS › FAR Part 22: Application of Labor Laws to Government Acquisitions › Subpart 22.10

FAR 22.1021 Requests for hearing.

The codified text (eCFR, as of 2026-10-02). Under the Revolutionary FAR Overhaul ↗, agencies follow class deviations with new text for many parts while the formal rules go through the Federal Register: check the solicitation and your contract's clauses, which rule.

In plain English

This section explains how a contracting agency or other interested party can request a hearing on certain wage determination issues. It specifies what information must be included in the request and sets deadlines for when the request must be received. Contractors may be affected if they are interested parties or if a hearing is requested on a contract they are involved with.

Applies to: Contracting agencies and other interested parties requesting a hearing on wage determination issues under FAR 22.1013(a).

What it requires

  • Submit a written request through appropriate channels (ordinarily the agency labor advisor) to the Administrator, Wage and Hour Division, U.S. Department of Labor.
  • For a substantial variance hearing, include sufficient data to show that the rates at issue vary substantially from those prevailing for similar services in the locality, plus the specified details (wage determination numbers, agency name, services description, procurement status and dates, statemen
  • For an arm's length hearing, include a statement of case, procurement status and dates, and names and addresses of interested parties.
  • Ensure the request is received before the applicable deadline: more than 10 days before award for sealed bid contracts, or before the commencement date of the contract or follow-up option period for negotiated contracts and contracts with options.

Key terms: substantial variance hearing · arm's length hearing · wage determination · interested parties · procurement dates

Written by AI from this section's text. A guide, not legal advice: the text below rules.

The text

(a) A contracting agency or other interested party may request a hearing on an issue presented in 22.1013(a). To obtain a hearing for the contracting agency, the contracting officer shall submit a written request through appropriate channels (ordinarily the agency labor advisor) to: Administrator, Wage and Hour Division, U.S. Department of Labor, Washington, DC 20210.

(b) A request for a substantial variance hearing shall include sufficient data to show that the rates at issue vary substantially from those prevailing for similar services in the locality. The request shall also include—

(1) The number of the wage determinations at issue;

(2) The name of the contracting agency whose contract is involved;

(3) A brief description of the services to be performed under the contract;

(4) The status of the procurement and any estimated procurement dates, such as bid opening, contract award, and commencement date of the contract or its follow-up option period;

(5) A statement of the applicant's case, setting forth in detail the reasons why the applicant believes that a substantial variance exists with respect to some or all of the wages and/or fringe benefits;

(6) Names and addresses (to the extent known) of interested parties; and

(7) Any other data required by the Administrator.

(c) A request for an arm's length hearing shall include—

(1) A statement of the applicant's case setting forth in detail the reasons why the applicant believes that the wages and fringe benefits contained in the collective bargaining agreement were not reached as a result of arm's length negotiations;

(2) A statement regarding the status of the procurement and any estimated procurement dates, such as bid opening, contract award, and commencement date of the contract or its follow-up option period; and

(3) Names and addresses (to the extent known) of interested parties.

(d) Unless the Administrator determines that extraordinary circumstances exist, the Administrator will not consider requests for a hearing unless received as follows:

(1) For sealed bid contracts, more than 10 days before the award of the contract; or

(2) For negotiated contracts and for contracts with provisions exceeding the initial term by option, before the commencement date of the contract or the follow-up option period.

Sections it refers to

  • 22.1013 Review of wage determination.

Sections that refer to it

  • 22.1002-3 Wage determinations based on collective bargaining agreements.
  • 22.1008-2 Successorship with incumbent contractor collective bargaining agreement.
  • 22.1013 Review of wage determination.

← 22.1020 Seniority lists. · 22.1022 Withholding of contract payments. →

Rule changes for FAR Part 22

Source: eCFR, 48 CFR chapters 1 and 2 (GPO GovInfo bulk data) ↗. Plain words for the terms: glossary.

FAR 22.1021 Requests for hearing · SpendQuery