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FAR and DFARS › FAR Part 52: Solicitation Provisions and Contract Clauses › Subpart 52.2

FAR 52.222-16 Approval of Wage Rates.

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 clause requires written approval from the contracting activity head (or a designated representative) before paying straight time wage rates that exceed the minimum wage determination rates in the contract. If the contractor pays more than the approved rate, the Government will not reimburse the excess. Even if the Government refuses to authorize overtime, the contractor must still pay employees the required overtime rates for any overtime actually worked.

Applies to: Contractors with laborers and mechanics working under this contract

What it requires

  • Submit straight time wage rates and overtime rates based on them for written approval if they exceed the applicable Construction Wage Rate Requirements minimum wage determination rates
  • Pay any excess over the agency-approved wage rate at the contractor's own expense without Government reimbursement
  • Pay employees required overtime rates for any overtime actually worked even if the Government refuses to authorize the overtime

Key terms: straight time wage rates · overtime rates · laborers and mechanics · Construction Wage Rate Requirements minimum wage determination · head of the contracting activity

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

The text

As prescribed in 22.407(b), insert the following clause:

Approval of Wage Rates (MAY 2014)

All straight time wage rates, and overtime rates based thereon, for laborers and mechanics engaged in work under this contract must be submitted for approval in writing by the head of the contracting activity or a representative expressly designated for this purpose, if the straight time wages exceed the rates for corresponding classifications contained in the applicable Construction Wage Rate Requirements minimum wage determination included in the contract. Any amount paid by the Contractor to any laborer or mechanic in excess of the agency approved wage rate shall be at the expense of the Contractor and shall not be reimbursed by the Government. If the Government refuses to authorize the use of the overtime, the Contractor is not released from the obligation to pay employees at the required overtime rates for any overtime actually worked.

(End of clause)

Sections it refers to

  • 22.407 Solicitation provision and contract clauses.

Sections that refer to it

  • 22.407 Solicitation provision and contract clauses.

← 52.222-15 Certification of Eligibility. · 52.222-17 [Reserved] →

Rule changes for FAR Part 52

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

FAR 52.222-16 Approval of Wage Rates · SpendQuery