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FAR and DFARS › DFARS Part 222: Application of Labor Laws to Government Acquisitions › Subpart 222.4

DFARS 222.406-8 Investigations.

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 tells contracting officers and investigators how to handle investigations into suspected labor standards violations, including notifying the contractor before the investigation begins. If the contractor is found liable for liquidated damages under the Contract Work Hours and Safety Standards statute, the contractor must be notified by certified mail and has 60 days to appeal. The section also requires the contracting officer to send an enforcement report to the agency head.

Applies to: Contracting officers and investigators handling labor standards investigations under DFARS

What it requires

  • Before beginning an investigation, the investigator must inform the contractor of the general scope of the investigation and that it will include examining records and interviewing employees.
  • Notify the contractor by certified mail of any finding that it is liable for liquidated damages under the CWHSS statute.
  • If an appeal is received, the contracting officer must process it in accordance with department or agency regulations.
  • Forward a detailed enforcement report or summary report to the agency head in accordance with agency procedures.

Key terms: liquidated damages · Contract Work Hours and Safety Standards (CWHSS) statute · certified mail · appeal · enforcement report

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

The text

(a) Before beginning an investigation, the investigator shall inform the contractor of the general scope of the investigation, and that the investigation will include examining pertinent records and interviewing employees. In conducting the investigation, follow the procedures at PGI 222.406-8(a).

(c) Contractor notification. (4)(A) Notify the contractor by certified mail of any finding that it is liable for liquidated damages under the Contract Work Hours and Safety Standards (CWHSS) statute. The notification shall inform the contractor that—

(1) It has 60 days after receipt of the notice to appeal the assessment of liquidated damages; and

(2) The appeal must demonstrate either that the alleged violations did not occur at all, occurred inadvertently notwithstanding the exercise of due care, or the assessment was computed improperly.

(B) If an appeal is received, the contracting officer shall process the appeal in accordance with department or agency regulations.

(d) Contracting officer's report. Forward a detailed enforcement report or summary report to the agency head in accordance with agency procedures. Include in the report, as a minimum, the information specified at PGI 222.406-8(d).

← 222.406-6 Payrolls and statements. · 222.406-9 Withholding from or suspension of contract payments. →

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

DFARS 222.406-8 Investigations · SpendQuery