FAR and DFARS › DFARS Part 222: Application of Labor Laws to Government Acquisitions › Subpart 222.4
DFARS 222.406-1 Policy.
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 DFARS section outlines the Department of Defense's policy for enforcing labor standards on construction contracts. It requires contracting officers to train enforcement personnel, review field activities, and send a preconstruction letter to the prime contractor that highlights labor standards requirements and ensures subcontractors receive a copy. In certain cases, the contracting officer must also meet with the contractor before construction begins to emphasize these obligations.
Applies to: DoD contracting officers and construction contractors
What it requires
- Contracting officer must provide a preconstruction letter to the prime contractor promptly after contract award.
- Contracting officer must ensure the contractor sends a copy of the preconstruction letter to each subcontractor.
- Contracting officer must confer with the prime contractor and designated subcontractors before construction begins under specified conditions.
Key terms: preconstruction letter · labor standards · prime contractor · subcontractor · fringe benefits
Written by AI from this section's text. A guide, not legal advice: the text below rules.
The text
(a) General. The program shall also include—
(i) Training appropriate contract administration, labor relations, inspection, and other labor standards enforcement personnel in their responsibilities; and
(ii) Periodic review of field enforcement activities to ensure compliance with applicable regulations and instructions.
(b) Preconstruction letters and conferences. (1) Promptly after award of the contract, the contracting officer shall provide a preconstruction letter to the prime contractor. This letter should accomplish the following, as appropriate—
(A) Indicate that the labor standards requirements contained in the contract are based on the following statutes and regulations—
(1) Construction Wage Rate Requirements statute.
(2) Contract Work Hours and Safety Standards statute;
(3) Copeland (Anti-Kickback) Act;
(4) Parts 3 and 5 of the Secretary of Labor's Regulations (parts 3 and 5, subtitle A, title 29, CFR); and
(5) Executive Order 11246 (Equal Employment Opportunity);
(B) Call attention to the labor standards requirements in the contract which relate to—
(1) Employment of foremen, laborers, mechanics, and others;
(2) Wages and fringe benefits payments, payrolls, and statements;
(3) Differentiation between subcontractors and suppliers;
(4) Additional classifications;
(5) Benefits to be realized by contractors and subcontractors in keeping complete work records;
(6) Penalties and sanctions for violations of the labor standards provisions; and
(7) The applicable provisions of FAR 22.403; and
(C) Ensure that the contractor sends a copy of the preconstruction letter to each subcontractor.
(2) Before construction begins, the contracting officer shall confer with the prime contractor and any subcontractor designated by the prime to emphasize their labor standards obligations under the contract when—
(A) The prime contractor has not performed previous Government contracts;
(B) The prime contractor experienced difficulty in complying with labor standards requirements on previous contracts; or
(C) It is necessary to determine whether the contractor and its subcontractors intend to pay any required fringe benefits in the manner specified in the wage determination or to elect a different method of payment. If the latter, inform the contractor of the requirements of FAR 22.406-2.
← 222.406 Administration and enforcement. · 222.406-6 Payrolls and statements. →
Source: eCFR, 48 CFR chapters 1 and 2 (GPO GovInfo bulk data) ↗. Plain words for the terms: glossary.