Federal Register / Vol. 87, No. 17 / Wednesday, January 26, 2022 / Rules and Regulations 4117 

implement Executive Order (E.O.) 

14026, Increasing the Minimum Wage 

for Federal Contractors, and a final rule 

issued by the Department of Labor 

(DOL). E.O. 14026 seeks to raise the 

hourly minimum wage paid by 

contractors to workers performing work 

on or in connection with covered 

Federal contracts to $15.00 per hour 

beginning January 30, 2022, and 

beginning January 1, 2023, and annually 

thereafter, an amount determined by the 

Secretary of Labor. This rule makes 

revisions to the existing FAR coverage 

regarding minimum wage requirements 

for Federal contractors by increasing the 

hourly minimum wage paid by certain 

Federal contractors to workers 

performing work on or in connection 

with covered Federal contracts; 

referencing DOL’s new requirements for 

tipped workers; expanding the 

geographical scope of the minimum 

wage requirements by defining United 

States as including U.S. territories and 

possessions; and removing the 

exemption for seasonal recreational 

services or seasonal recreational 

equipment rental from the minimum 

wage requirements. DoD, GSA, and 

NASA do not expect this rule to have 

a significant economic impact on a 

substantial number of small entities, 

because DOL has determined that their 

rule would not have a significant impact 

on a substantial number of small 

entities. DoD, GSA, and NASA agree 

with this assessment. 

William F. Clark, 

Director, Office of Government-wide 

Acquisition Policy, Office of Acquisition 

Policy, Office of Government-wide Policy. 

[FR Doc. 2022–01508 Filed 1–25–22; 8:45 am] 

BILLING CODE 6820–EP–P 

DEPARTMENT OF DEFENSE 

GENERAL SERVICES 

ADMINISTRATION 

NATIONAL AERONAUTICS AND 

SPACE ADMINISTRATION 

48 CFR Parts 2, 22, and 52 

[FAC 2022–04; FAR Case 2021–014, Docket 

No. FAR–2021–0014, Sequence No. 1] 

RIN 9000–AO31 

Federal Acquisition Regulation: 

Increasing the Minimum Wage for 

Contractors 

AGENCY: Department of Defense (DoD), 

General Services Administration (GSA), 

and National Aeronautics and Space 

Administration (NASA). 

ACTION: Interim rule. 

SUMMARY: DoD, GSA, and NASA are 

issuing an interim rule amending the 

Federal Acquisition Regulation (FAR) to 

implement an Executive Order titled 

‘‘Increasing the Minimum Wage for 

Federal Contractors’’ and a final rule 

issued by the Department of Labor. This 

Executive Order seeks to raise the 

hourly minimum wage paid by 

contractors to workers performing work 

on or in connection with covered 

Federal contracts to $15.00 per hour 

beginning January 30, 2022, and 

beginning January 1, 2023, and annually 

thereafter, an amount determined by the 

Secretary of Labor. 

DATES: 

Effective: January 30, 2022. 

Applicability: This rule applies as 

follows: 

1. To solicitations issued on or after 

January 30, 2022, and their resulting 

contracts. 

2. To new contracts awarded without 

a prior solicitation (e.g., a purchase 

order under part 13), on or after January 

30, 2022. 

3. To new contracts with a prior 

solicitation awarded on or after March 

31, 2022. 

4. To existing contracts, including 

procurements for recreational services, 

when extending, renewing, or exercising 

an option on the existing contract on or 

after the effective date of the rule. 

Contracting officers shall incorporate 

the amended clause in this rule at 

52.222–55, Minimum Wages for 

Contractor Workers Under Executive 

Order 14026, in the existing contracts 

through bilateral modifications. In such 

a circumstance, if the contracting officer 

is unable to incorporate the clause in an 

existing contract through bilateral 

modification, then the contracting 

officer shall decline to extend, renew, or 

exercise the option on the existing 

contract. 

5. In accordance with FAR 1.108(d), 

contracting officers are strongly 

encouraged to include the amended 

clause in other contracts awarded before 

March 31, 2022, with appropriate 

consideration. 

Comment Date: Interested parties 

should submit written comments to the 

Regulatory Secretariat Division at the 

address shown below on or before 

March 28, 2022 to be considered in the 

formation of the final rule. 

ADDRESSES: Submit comments in 

response to FAC 2022–04, FAR Case 

2021–014 to the Federal eRulemaking 

portal at https://www.regulations.gov by 

searching for ‘‘FAR Case 2021–014’’. 

Select the link ‘‘Comment Now’’ that 

corresponds with ‘‘FAR Case 2021– 

014’’. Follow the instructions provided 

on the ‘‘Comment Now’’ screen. Please 

include your name, company name (if 

any), and ‘‘FAR Case 2021–014’’ on your 

attached document. If your comment 

cannot be submitted using https://

www.regulations.gov, call or email the 

points of contact in the FOR FURTHER

INFORMATION CONTACT section of this 

document for alternate instructions. 

Instructions: Please submit comments 

only and cite ‘‘FAR Case 2021–014’’ in 

all correspondence related to this case. 

Comments received generally will be 

posted without change to https://

www.regulations.gov, including any 

personal and/or business confidential 

information provided. To confirm 

receipt of your comment(s), please 

check https://www.regulations.gov, 

approximately two to three days after 

submission to verify posting. 

FOR FURTHER INFORMATION CONTACT: Ms. 

Malissa Jones, Procurement Analyst, at 

571–882–4687 or by email at 

malissa.jones@gsa.gov, for clarification 

of content. For information pertaining to 

status or publication schedules, contact 

the Regulatory Secretariat Division at 

202–501–4755 or GSARegSec@gsa.gov. 

Please cite FAC 2022–04, FAR Case 

2021–014. 

SUPPLEMENTARY INFORMATION: 

I. Background 

This interim rule revises the FAR to 

implement Executive Order (E.O.) 

14026, Increasing the Minimum Wage 

for Federal Contractors, signed April 27, 

2021, and published in the Federal 

Register at 86 FR 22835, on April 30, 

2021. The interim rule also implements 

a final rule issued by the Wage and 

Hour Division of the Department of 

Labor (DOL), published at 86 FR 67126, 

on November 24, 2021, also entitled 

‘‘Increasing the Minimum Wage for 

Federal Contractors.’’ The DOL rule 

added a new 29 CFR part 23. The DOL 

rule covers FAR-based contracts, nonFAR-based contracts, and contract-like 

instruments; this interim rule only 

applies to FAR-based contracts. 

The hourly minimum wage paid to 

workers on specified Federal contracts 

was first established by E.O. 13658, 

Establishing a Minimum Wage for 

Contractors, which was signed February 

12, 2014, and published in the Federal 

Register at 79 FR 9851, on February 20, 

2014. E.O. 13658 established an hourly 

minimum wage of $10.10 beginning 

January 1, 2015, and beginning January 

1, 2016, and annually thereafter, an 

amount determined by the Secretary of 

Labor. The DOL implemented E.O. 

13658 through a final rule published at 

79 FR 60634, on October 7, 2014, also 


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entitled ‘‘Establishing a Minimum Wage 

for Contractors.’’ The 2014 DOL final 

rule added a new 29 CFR part 10. An 

interim FAR rule was published in the 

Federal Register at 79 FR 74544 on 

December 15, 2014. The 2014 interim 

rule added new FAR subpart 22.19 and 

new FAR clause 52.222–55, Minimum 

Wages Under Executive Order 13658. A 

final rule was published at 80 FR 75915 

on December 4, 2015. 

Annual increases were announced by 

DOL. The most recent increases were to 

$10.95 on January 1, 2021 (August 31, 

2020, 85 FR 53850) and to $11.25 on 

January 1, 2022 (September 16, 2021, 86 

FR 51683). 

Subsequent to E.O. 13658, E.O. 13838, 

Exemption From Executive Order 13658 

for Recreational Services on Federal 

Lands, was signed on May 25, 2018, and 

published in the Federal Register at 83 

FR 25341 on June 1, 2018. E.O. 13838 

exempted contracts or contract-like 

instruments entered into with the 

Federal Government in connection with 

seasonal recreational services or 

seasonal recreational equipment rental 

for the general public on Federal lands 

from the minimum wage requirements 

of E.O. 13658. The DOL published a rule 

in the Federal Register at 83 FR 48537 

on September 26, 2018, to implement 

the exemption authorized by E.O. 

13838. The FAR implemented E.O. 

13838 and the 2018 DOL rule through 

a final rule published in the Federal 

Register at 85 FR 67626 on October 23, 

2020. The FAR amended subpart 22.19 

and the clause 52.222–55 to implement 

the exemption for contracts for seasonal 

recreational services or seasonal 

recreational equipment rental for the 

general public on Federal lands. 

E.O. 14026 revokes E.O. 13838 as of 

January 30, 2022. E.O. 14026 also 

supersedes E.O. 13658 as of January 30, 

2022, but only to the extent it is 

inconsistent with E.O. 14026. E.O. 

14026 raises the hourly minimum wage 

paid by certain Federal contractors to 

workers performing work on or in 

connection with covered Federal 

contracts to $15.00 per hour beginning 

January 30, 2022, and beginning January 

1, 2023, and annually thereafter, an 

amount determined by the Secretary of 

Labor. E.O. 14026 also raises the cash 

wages to be paid to tipped workers. The 

higher minimum wage rate(s) for 

workers are reflected in the 2021 DOL 

final rule implementing E.O. 14026 (in 

29 CFR part 23) as compared to the DOL 

final rule implementing E.O. 13658 (in 

29 CFR part 10). There are some 

substantive differences between DOL’s 

final rules implementing E.O. 13658 and 

E.O. 14026. For example, in the 2021 

DOL final rule (86 FR 67126), the 

definition of ‘‘United States’’ is 

expanded to include specified U.S. 

territories and possessions. These 

differences are the basis for the 

revisions made to FAR subpart 22.19 

and FAR clause 52.222–55 via this 

interim rule. 

II. Discussion and Analysis 

Due to the similarities between E.O. 

13658 and 14026, and the similarities 

between DOL’s implementing 

regulations at 29 CFR part 10 and part 

23 respectively, there are limited 

changes being made to the FAR. (For 

details on the E.O 13658 

implementation see the DOL final rule 

at 79 FR 60634. See 79 FR 74544 for the 

interim FAR rule implementing E.O. 

13658 published in the Federal Register 

on December 15, 2014, and 80 FR 75915 

for the final rule published on December 

4, 2015). 

The following are a list of those 

changes: 

A. References to the E.O. and DOL 

regulations—The FAR is either 

replacing the reference to E.O. 13658 

with E.O. 14026 or adding references to 

E.O. 14026, as appropriate, throughout 

parts 22 and 52. Similarly, the citations 

to DOL’s implementing regulations of 

E.O. 13658 at 29 CFR part 10 are either 

being replaced with citations to DOL’s 

implementing regulations of E.O. 14026 

at 29 CFR part 23, or citations to 29 CFR 

part 23 are being added. 

B. Increasing the minimum wage— 

Throughout subpart 22.19 and the 

clause 52.222–55, the initial minimum 

wage of $10.10 established by E.O. 

13658 is replaced with the minimum 

wage of $15.00 specified by E.O. 14026. 

This update to the minimum wage 

resulted in revisions to the price 

adjustment examples provided in FAR 

22.1904(b)(2). The calculation process 

in FAR 22.1904(b)(2) may be used for 

calculating a contract modification for 

the changeover from the E.O. 13658 rate 

to the E.O. 14026 rate of $15.00. For this 

example, the E.O. rate as of January 1, 

2022, is $11.25. If the current service or 

construction wage determination rate 

applicable to this worker under the 

contract is $11.55, and if the actual 

wage currently paid to the worker is 

$12.25, then the price adjustment 

calculation for this worker is $2.75 

($15.00 minus $12.25 = $2.75). Some 

employees who are not covered by the 

E.O., such as supervisors, may be 

making close to $15 an hour. The 

contractor may wish to voluntarily raise 

the wages of such employees to avoid 

wage compression or maintain fairness; 

however, doing so is not a requirement 

of compliance with E.O. 14026. While 

agencies are not required to do so, the 

clause language and examples in 

22.1904(b)(2) do not prohibit an agency 

from permitting a price increase (e.g., as 

prescribed at FAR part 43) to address 

wage compression impacts of modifying 

the contract to include the new 

minimum wage rate of E.O. 14026, if the 

agency determines such an adjustment 

will result in better contract 

performance. The contractor should 

present to the agency the calculations 

for those employees separate from the 

calculations for workers covered by the 

E.O. 

C. New requirements for tipped 

workers—FAR 22.1902(c) addresses the 

policies and procedures implemented in 

accordance with the DOL regulations at 

29 CFR 23.240(b) and 23.280 that 

address the relationship between the 

E.O. minimum wage and wages of 

workers engaged in an occupation in 

which they customarily and regularly 

receive more than $30 a month in tips. 

D. Dates—Throughout subpart 22.19 

and the clause 52.222–55, the January 1, 

2015, and January 1, 2016, dates 

associated with implementation of E.O. 

13658 are being replaced with the 

January 30, 2022, and January 1, 2023, 

dates associated with implementation of 

E.O. 14026. 

E. Definition of ‘‘worker’’— 

Clarification is added to the definition 

of ‘‘worker’’ at FAR 22.1901 and 

52.222–55(a) to explain what it means 

for a worker to perform on a contract 

and to perform in connection with a 

contract. This clarification is consistent 

with the definition of ‘‘worker’’ in 

DOL’s final rule implementing E.O. 

14026 and the definition of ‘‘employee’’ 

in FAR subpart 22.21, which 

implements E.O. 13706, Establishing 

Paid Sick Leave for Federal Contractors. 

F. Definition of ‘‘United States’’—The 

definition of ‘‘United States’’ is added to 

FAR 22.1901, and revised at 52.222– 

55(a), to include Puerto Rico, the 

Northern Mariana Islands, American 

Samoa, Guam, the U.S. Virgin Islands, 

Johnston Island, Wake Island, and the 

outer Continental Shelf. The expansion 

of the definition beyond the 50 states 

and the District of Columbia is 

consistent with DOL’s final rule 

implementing E.O. 14026. 

G. Revocation of recreational services 

exemption—Deletions are made 

throughout subpart 22.19 and the clause 

52.222–55 to remove the exemption 

authorized by E.O. 13838 for seasonal 

recreational services or seasonal 

recreational equipment rental. 

Consistent with E.O. 14026 revoking 

E.O. 13838, DOL’s implementing 

regulations at 29 CFR part 23 do not 

contain the exemption to the minimum 

wage requirements for seasonal 


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Federal Register / Vol. 87, No. 17 / Wednesday, January 26, 2022 / Rules and Regulations 4119 

recreational services or seasonal 

recreational equipment rental. 

Recreational services contracts should 

be modified, similar to other existing 

contracts, according to the Applicability 

section of this rule. 

H. New title for the clause—The title 

of the clause has been changed to 

emphasize that, although using the same 

clause number, the clause implements a 

different Executive Order. 

I. Conforming changes—Minor 

conforming changes are made to the 

clauses at FAR 52.212–5, Contract 

Terms and Conditions Required To 

Implement Statutes or Executive 

Orders—Commercial Products and 

Commercial Services; 52.213–4, Terms 

and Conditions—Simplified 

Acquisitions (Other Than Commercial 

Products and Commercial Services); 

52.222–62, Paid Sick Leave Under 

Executive Order 13706; and 52.244–6, 

Subcontracts for Commercial Products 

and Commercial Services. 

J. Option exercise—DOL’s final rule 

implementing E.O. 14026 included a 

definition for ‘‘new contract’’ at 29 CFR 

23.20. The FAR rule did not adopt this 

definition. However, when FAR rules 

apply to existing contracts, application 

is addressed in the Effective Date/ 

Applicability section of the preamble, 

not in the Code of Federal Regulations. 

Treatment of bilateral modifications to 

existing contracts is addressed in the 

Applicability section at the beginning of 

this preamble. As a result, in the 

Effective Date/Applicability section of 

the preamble, contracting officers are 

required to incorporate the clause 

52.222–55 into existing contracts during 

option exercise via a bilateral 

modification. If the contracting officer is 

unable to incorporate the clause 52.222– 

55 in an existing contract during option 

exercise via a bilateral modification, 

then the contracting officer shall decline 

to extend, renew, or exercise the option 

on the existing contract. 

K. Exclusion from 29 CFR part 23— 

Section 9(b) of Executive Order 14026 

provides that as an ‘‘exception’’ to the 

general coverage of new contracts, 

where agencies have issued a 

solicitation before January 30, 2022, and 

entered into a new contract resulting 

from such solicitation within 60 days of 

such date, agencies are strongly 

encouraged but not required to ensure 

that the E.O. 14026 minimum wage rates 

are paid under the new contract. 

However, if such contract is later 

extended or renewed, or an option is 

subsequently exercised under that 

contract, the E.O. 14026 minimum wage 

requirements will apply to that 

extension, renewal, or option. 

Accordingly, DOL’s final rule included 

an exclusion providing that 29 CFR part 

23 does not apply to contracts that 

result from a solicitation issued prior to 

January 30, 2022, and that are entered 

into on or between January 30, 2022 and 

March 30, 2022. Consistent with section 

9(b) of the order, the exclusion states 

that, if such a contract is subsequently 

extended or renewed, or an option is 

subsequently exercised under that 

contract, the Executive order and part 

23 would apply to that extension, 

renewal, or option. The Department 

noted that this exclusion is only 

applicable to contracts resulting from 

solicitations that are issued prior to 

January 30, 2022, and that are entered 

into by March 30, 2022. Any covered 

contract entered into on or after March 

31, 2022, will be subject to E.O. 14026 

and part 23 regardless of when the 

solicitation was issued. 

III. Applicability to Contracts at or 

Below the Simplified Acquisition 

Threshold (SAT) and for Commercial 

Products (Including Commercially 

Available Off-the-Shelf (COTS) Items) 

or Commercial Services 

This rule amends the clause at FAR 

52.222–55. As a result of the 

amendment to the clause 52.222–55, 

minor conforming changes are also 

being made to other clauses (see Section 

II). The clause continues to apply to 

acquisitions at or below the SAT and to 

acquisitions for commercial services. 

IV. Expected Impact of the Rule 

This rule implements the increased 

minimum wage requirements for 

Federal contractors in E.O. 14026 and 

the associated Department of Labor 

(DOL) implementing regulations at 29 

CFR part 23. This rule makes revisions 

to the existing FAR coverage regarding 

minimum wage requirements for 

Federal contractors by— 

• Increasing the hourly minimum 

wage paid by certain Federal contractors 

to workers performing work on or in 

connection with covered Federal 

contracts to $15.00 per hour, beginning 

January 30, 2022, and beginning January 

1, 2023, and annually thereafter 

increasing the hourly minimum wage 

paid by, an amount determined by the 

Secretary of Labor; 

• Referencing DOL’s new 

requirements for tipped workers at 29 

CFR part 23, which incorporates the 

increased hourly minimum cash wage 

paid to tipped workers as authorized by 

E.O. 14026; 

• Expanding the geographical scope 

of the minimum wage requirements by 

defining United States as including 

specified U.S. territories and 

possessions; and 

• Removing the exemption for 

seasonal recreational services or 

seasonal recreational equipment rental 

from the minimum wage requirements. 

These revisions will drive employer 

costs such as those for regulatory 

familiarization, implementation, and 

compliance. These costs may translate 

into higher contract pricing which 

results in cost to the taxpayer. These 

revisions are expected to result in 

benefits such as improved Government 

services, increased morale and 

productivity of contractor staff, and 

reduced turnover and absenteeism in 

contractor staff. For more detail on the 

impacts associated with these revisions, 

see Section IV of the DOL final rule 

implementing E.O. 14026 and creating 

29 CFR part 23, published at 86 FR 

67127, on November 24, 2021, entitled 

‘‘Increasing the Minimum Wage for 

Federal Contractors.’’ 

The revisions listed above drive costs 

and benefits that are the result of the 

implementation of DOL’s final rule in 

the FAR. Therefore, those costs and 

benefits are attributable to the DOL final 

rule. The impacts of this FAR rule that 

are attributable to the FAR are no more 

than de minimis. 

V. Executive Orders 12866 and 13563 

Executive Orders (E.O.s) 12866 and 

13563 direct agencies to assess all costs 

and benefits of available regulatory 

alternatives and, if regulation is 

necessary, to select regulatory 

approaches that maximize net benefits 

(including potential economic, 

environmental, public health and safety 

effects, distributive impacts, and 

equity). E.O. 13563 emphasizes the 

importance of quantifying both costs 

and benefits, of reducing costs, of 

harmonizing rules, and of promoting 

flexibility. This is a significant 

regulatory action and, therefore, was 

subject to review under section 6(b) of 

E.O. 12866, Regulatory Planning and 

Review, dated September 30, 1993. 

VI. Congressional Review Act 

As required by the Congressional 

Review Act (5 U.S.C. 801–808) before an 

interim or final rule takes effect, DoD, 

GSA, and NASA will send the rule and 

the ‘‘Submission of Federal Rules Under 

the Congressional Review Act’’ form to 

each House of the Congress and to the 

Comptroller General of the United 

States. A major rule cannot take effect 

until 60 days after it is published in the 

Federal Register. The Office of 

Information and Regulatory Affairs 

(OIRA) in the Office of Management and 

Budget has determined that this is not 

a major rule under 5 U.S.C. 804. 


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VII. Regulatory Flexibility Act 

DoD, GSA, and NASA do not expect 

this rule to have a significant economic 

impact on a substantial number of small 

entities within the meaning of the 

Regulatory Flexibility Act, 5 U.S.C. 601– 

612, because the Department of Labor 

has determined that their rule would 

not have a significant impact on a 

substantial number of small entities. 

DoD, GSA, and NASA agree with this 

assessment. DOL has strived to have the 

final rule implement the minimum wage 

requirements of E.O. 14026 with the 

least possible burden for small entities. 

The DOL final rule provides several 

efficient and informal alternative 

dispute mechanisms to resolve concerns 

about contractor compliance, including 

having the contracting agency provide 

compliance assistance to the contractor 

about the minimum wage requirements 

and allowing for DOL to attempt an 

informal conciliation of complaints 

instead of engaging in extensive 

investigations. These tools will provide 

contractors with an opportunity to 

resolve inadvertent errors rapidly and 

before significant liabilities develop. 

Additionally, much of the cost 

associated with the DOL final rule will 

either be reimbursed by the Federal 

Government or offset by productivity 

gains and cost-savings. However, an 

Initial Regulatory Flexibility Analysis 

(IRFA) has been performed and is 

summarized as follows: 

This rule amends the Federal 

Acquisition Regulation (FAR) to 

implement an Executive Order, which 

increases the minimum wage for Federal 

contractors, and associated Department 

of Labor (DOL) regulatory requirements 

at 29 CFR part 23. 

The objective of this rule is to 

implement Executive Order (E.O.) 

14026, Increasing the Minimum Wage 

for Federal Contractors, signed April 27, 

2021, and published in the Federal 

Register at 86 FR 22835, on April 30, 

2021, as well as the associated DOL 

regulatory requirements at 29 CFR part 

23. In accordance with E.O. 14026 and 

DOL regulations at 29 CFR part 23, this 

rule updates the FAR by— 

• Increasing the hourly minimum 

wage paid by certain Federal contractors 

to workers performing work on or in 

connection with covered Federal 

contracts to $15.00 per hour, beginning 

January 30, 2022, and beginning January 

1, 2023, and annually thereafter, an 

amount determined by the Secretary of 

Labor; 

• Referencing DOL’s new 

requirements for tipped workers at 29 

CFR part 23, which incorporates the 

increased hourly minimum cash wage 

paid to tipped workers as authorized by 

E.O. 14026; 

• Expanding the geographical scope 

of the minimum wage requirements by 

defining United States as including U.S. 

territories and possessions; and 

• Removing the exemption for 

seasonal recreational services or 

seasonal recreational equipment rental 

from the minimum wage requirements. 

This rule applies to contracts awarded 

under FAR procedures and covered by 

the Service Contract Labor Standards 

statute (41 U.S.C. chapter 67; see FAR 

subpart 22.10), including contracts for 

the acquisition of commercial services, 

and the Wage Rate Requirements 

(Construction) statute (40 U.S.C. chapter 

31 subchapter IV; see FAR subpart 22.4). 

The minimum wage requirements of 

E.O. 14026 are implemented through 

revised FAR clause 52.222–55, 

Minimum Wages for Contractor Workers 

Under Executive Order 14026, which is 

prescribed for solicitations and 

contracts that include the clause at 

52.222–6, Construction Wage Rate 

Requirements, or 52.222–41, Service 

Contract Labor Standards, where work 

is to be performed, in whole or in part, 

in the United States. FAR clause 

52.222–55 flows down to covered 

subcontractors at all tiers. 

As already specified in the existing 

FAR at 22.1903(b)(2), this rule does not 

apply to— 

• Fair Labor Standards Act (FLSA)- 

covered individuals performing in 

connection with contracts covered by 

the E.O., i.e., those individuals who 

perform duties necessary to the 

performance of the contract, but who are 

not directly engaged in performing the 

specific work called for by the contract, 

and who spend less than 20 percent of 

their hours worked in a particular 

workweek performing in connection 

with such contracts; 

• Individuals exempted from the 

minimum wage requirements of the 

FLSA under 29 U.S.C. 213(a) and 214(a) 

and (b), unless otherwise covered by the 

Service Contract Labor Standards statute 

or the Wage Rate Requirements 

(Construction) statute. These 

individuals include but are not limited 

to— 

Æ Learners, apprentices, or 

messengers whose wages are calculated 

pursuant to special certificates issued 

under 29 U.S.C. 214(a); 

Æ Students whose wages are 

calculated pursuant to special 

certificates issued under 29 U.S.C. 

214(b); and 

Æ Those employed in a bona fide 

executive, administrative, or 

professional capacity (29 U.S.C. 

213(a)(1) and 29 CFR part 541). 

Small businesses in the service or 

construction industry with FAR-based 

contracts or subcontracts subject to 

revised FAR clause 52.222–55 will be 

impacted unless an exclusion listed 

above applies. The rule will require 

these contractors and subcontractors to 

raise their employees’ minimum hourly 

rate to $15.00 per hour, beginning 

January 30, 2022, then annually adjust 

it thereafter, if necessary, based on the 

annual minimum wage rate determined 

by the DOL. 

Data available through the Federal 

Procurement Data System (FPDS) for 

fiscal year 2020 reveals 21,895 contracts 

were awarded for services which 

contained the clause at 52.222–41, 

Labor Standards, or for construction 

which contained the clause at 52.222– 

6, Construction Wage Rate 

Requirements, to 11,820 unique small 

businesses. 

Subcontract data is available from the 

Federal Funding Accountability and 

Transparency Act Subaward Reporting 

System (FSRS) at 

www.USASpending.gov. However, this 

system does not distinguish small 

businesses from other than small 

businesses and the data does not 

separate out construction and services 

subject to the minimum wage 

requirements. Data for fiscal year 2020 

show there were a total of 79,218 

subcontracts for services and 

construction reported; these 

subcontracts were awarded to 20,120 

unique entities. For estimating 

purposes, DoD, GSA, and NASA 

assumed that 20 percent of subcontracts 

have a second-tier subcontractor, 10 

percent of second-tier subcontractors 

have a third–tier subcontractor, and 5 

percent of third-tier subcontractors have 

a fourth–tier subcontractor. This 

calculation estimates the total number 

of unique subcontractors is 24,567. 

However, since the FSRS data does not 

distinguish small businesses from other 

than small businesses, products from 

services, or professional services from 

those services subject to the minimum 

wage requirements, this number is an 

overestimate of the small entities to 

which this rule will apply. 

The DOL noted in their final rule (86 

FR 67126 at 67193) that the rule did not 

impose any additional notice or 

recordkeeping requirements on 

contractors, and therefore, the burden 

for complying with the recordkeeping 

requirements was not adjusted. 

However, DOL submitted a revised 

information collection request to OMB 

to revise the existing information 

collection for control number 1235– 

0018 to incorporate the recordkeeping 

regulatory citations in its final rule. 


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The Department of Labor found that, 

‘‘Small entities will have regulatory 

familiarization, implementation, and 

payroll costs (i.e., transfers). Average 

Year 1 costs and transfers per small 

contractor with affected employees 

range from $4,578 to $14,221 by 

industry. Additionally, much of this 

cost will either be reimbursed by the 

Federal Government or offset by 

productivity gains and cost-savings. 

Therefore, the Department believes this 

final rule will not have a significant 

impact on small businesses.’’ 

Section 1 of E.O. 14026 explains that 

raising the minimum wage enhances 

worker productivity and generates 

higher-quality work by boosting 

workers’ health, morale, effort; reducing 

absenteeism and turnover; and lowering 

supervisory and training costs. 

This rule does not duplicate, overlap, 

or conflict with any other Federal rules. 

DoD, GSA, and NASA were unable to 

identify any significant alternatives that 

would meet the requirements of E.O. 

14026 and DOL regulation. 

The Regulatory Secretariat Division 

has submitted a copy of the IRFA to the 

Chief Counsel for Advocacy of the Small 

Business Administration. A copy of the 

IRFA may be obtained from the 

Regulatory Secretariat Division. DoD, 

GSA, and NASA invite comments from 

small business concerns and other 

interested parties on the expected 

impact of this rule on small entities. 

DoD, GSA, and NASA will also 

consider comments from small entities 

concerning the existing regulations in 

subparts affected by the rule in 

accordance with 5 U.S.C. 610. Interested 

parties must submit such comments 

separately and should cite 5 U.S.C. 610 

(FAR Case 2021–014), in 

correspondence. 

VIII. Paperwork Reduction Act 

The Paperwork Reduction Act (44 

U.S.C. 3501–3521) applies to the 

information collection described in this 

rule; however, these changes to the FAR 

do not impose additional information 

collection requirements to the 

paperwork burden previously approved 

for the DOL regulations under OMB 

Control Number 1235–0018, Records to 

be Kept by Employers—Fair Labor 

Standards Act. 

IX. Determination To Issue an Interim 

Rule 

A determination has been made under 

the authority of the Secretary of 

Defense, the Administrator of General 

Services, and the Administrator of the 

National Aeronautics and Space 

Administration that urgent and 

compelling reasons exist to promulgate 

this interim rule without prior 

opportunity for public comment. This 

action is necessary because Executive 

Order 14026, Increasing the Minimum 

Wage for Federal Contractors, requires 

DoD, GSA, and NASA to issue 

regulations within 60 days of the 

Department of Labor (DOL) rule and to 

include a clause that specifies the new 

$15.00 per hour minimum wage will be 

paid to workers performing on or in 

connection with covered contracts 

beginning January 30, 2022. The DOL 

final rule was published November 24, 

2021. The DOL rule was published for 

public comment prior to publication of 

the final rule. This action is largely a 

ministerial implementation of the DOL 

final rule at 86 FR 67126; therefore, 

prior notice and comment is 

unnecessary given that DOL took full 

comment. However, pursuant to 41 

U.S.C. 1707 and FAR 1.501–3(b), the 

Department of Defense, General Services 

Administration, and National 

Aeronautics and Space Administration 

will consider public comments received 

in response to this interim rule in the 

formation of the final rule. 

List of Subjects in 48 CFR Parts 2, 22, 

and 52 

Government procurement. 

William F. Clark, 

Director, Office of Government-wide 

Acquisition Policy, Office of Acquisition 

Policy, Office of Government-wide Policy. 

Therefore, DoD, GSA, and NASA 

amend 48 CFR parts 2, 22, and 52 as set 

forth below: 

■ 1. The authority citation for 48 CFR 

parts 2, 22, and 52 continues to read as 

follows: 

Authority: 40 U.S.C. 121(c); 10 U.S.C. 

chapter 137; and 51 U.S.C. 20113. 

PART 2—DEFINITIONS OF WORDS 

AND TERMS 

■ 2. Amend section 2.101, in paragraph 

(b)(2), in the definition of ‘‘United 

States’’ by— 

■ a. Redesignating paragraphs (8) 

through (11) as paragraphs (9) through 

(12); 

■ b. Adding a new paragraph (8); and 

■ c. Removing from the newly 

redesignated paragraph (11) the word 

‘‘Part’’ and adding ‘‘part’’ in its place. 

The addition reads as follows: 

2.101 Definitions. 

* * * * * 

(b) * * * 

(2) * * * 

United States * * * 

(8) For use in subpart 22.19, see the 

definition at 22.1901. 

* * * * * 

PART 22—APPLICATION OF LABOR 

LAWS TO GOVERNMENT 

ACQUISITIONS 

■ 3. Revise section 22.403–4 to read as 

follows: 

22.403–4 Executive Orders 13658 and 

14026. 

Executive Order (E.O.) 13658 

established minimum wages for certain 

workers at $10.10 per hour. The E.O. 

13658 rate has increased each year since 

2015, rising to $11.25 on January 1, 

2022. As of January 30, 2022, E.O. 13658 

is superseded by E.O. 14026 to the 

extent that it is inconsistent with E.O. 

14026; the minimum wage rate for 

certain workers is increased to $15.00 

per hour. The wage rate is subject to 

annual increases by an amount 

determined by the Secretary of Labor. 

See subpart 22.19. The clause at 52.222– 

55, Minimum Wages for Contractor 

Workers under Executive Order 14026, 

requires the E.O. 14026 minimum wage 

rate to be paid if it is higher than other 

minimum wage rates, such as the 

subpart 22.4 statutory wage 

determination amount. 

■ 4. Revise section 22.1002–5 to read as 

follows: 

22.1002–5 Executive Orders 13658 and 

14026. 

Executive Order (E.O.) 13658 

established minimum wages for certain 

workers at $10.10 per hour. The E.O. 

13658 rate has increased each year since 

2015, rising to $11.25 on January 1, 

2022. As of January 30, 2022, E.O. 13658 

is superseded by E.O. 14026 to the 

extent that it is inconsistent with E.O. 

14026; the minimum wage rate for 

certain workers is increased to $15.00 

per hour. The wage rate is subject to 

annual increases by an amount 

determined by the Secretary of Labor. 

See subpart 22.19. The clause at 52.222– 

55, Minimum Wages for Contractor 

Workers under Executive Order 14026, 

requires the E.O. 14026 minimum wage 

rate to be paid if it is higher than other 

minimum wage rates, such as the 

subpart 22.10 statutory wage 

determination amount. 

Subpart 22.19—Increasing the 

Minimum Wage for Contractors 

■ 5. Revise the heading of subpart 22.19 

to read as set forth above. 

■ 6. Revise section 22.1900 to read as 

follows: 

22.1900 Scope of subpart. 

This subpart prescribes policies and 

procedures to implement Executive 

Order (E.O.) 14026, Increasing the 


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4122 Federal Register / Vol. 87, No. 17 / Wednesday, January 26, 2022 / Rules and Regulations 

Minimum Wage for Federal Contractors, 

which requires minimum wages for 

certain workers; Department of Labor 

(DOL) implementing regulations are 

found at 29 CFR part 23. This E.O. 

superseded E.O. 13658; DOL 

implementing regulations for E.O. 13658 

are found at 29 CFR part 10. 

■ 7. Amend section 22.1901 by— 

■ a. Removing the definitions of 

‘‘Seasonal recreational equipment 

rental’’ and ‘‘Seasonal recreational 

services’’; 

■ b. Adding in alphabetical order a 

definition for ‘‘United States’’; and 

■ c. Revising the definition of ‘‘Worker’’. 

The addition and revision read as 

follows: 

22.1901 Definitions. 

* * * * * 

United States means the 50 States, the 

District of Columbia, Puerto Rico, the 

Northern Mariana Islands, American 

Samoa, Guam, the U.S. Virgin Islands, 

Johnston Island, Wake Island, and the 

outer Continental Shelf as defined in the 

Outer Continental Shelf Lands Act (43 

U.S.C. 1331, et seq.). 

Worker (in accordance with 29 CFR 

23.20)— 

(1)(i) Means any person engaged in 

performing work on, or in connection 

with, a contract covered by Executive 

Order 14026, and 

(A) Whose wages under such contract 

are governed by the Fair Labor 

Standards Act (29 U.S.C. chapter 8), the 

Service Contract Labor Standards statute 

(41 U.S.C. chapter 67), or the Wage Rate 

Requirements (Construction) statute (40 

U.S.C. chapter 31, subchapter IV), 

(B) Other than individuals employed 

in a bona fide executive, administrative, 

or professional capacity, as those terms 

are defined in 29 CFR part 541, 

(C) Regardless of the contractual 

relationship alleged to exist between the 

individual and the employer. 

(ii) Includes workers performing on, 

or in connection with, the contract 

whose wages are calculated pursuant to 

special certificates issued under 29 

U.S.C. 214(c). 

(iii) Also includes any person working 

on, or in connection with, the contract 

and individually registered in a bona 

fide apprenticeship or training program 

registered with the Department of 

Labor’s Employment and Training 

Administration, Office of 

Apprenticeship, or with a State 

Apprenticeship Agency recognized by 

the Office of Apprenticeship. 

(2)(i) A worker performs on a contract 

if the worker directly performs the 

specific services called for by the 

contract; and 

(ii) A worker performs in connection 

with a contract if the worker’s work 

activities are necessary to the 

performance of a contract but are not the 

specific services called for by the 

contract. 

■ 8. Amend section 22.1902 by— 

■ a. Revising paragraph (a); 

■ b. Removing from paragraph (b)(1) the 

phrase ‘‘ordinance establishing’’ and 

adding ‘‘ordinance or any applicable 

contract establishing’’ in its place; and 

■ c. Removing from paragraph (c) the 

phrase ‘‘29 CFR 10.24(b) and 10.28’’ and 

adding ‘‘29 CFR 23.240(b) and 23.280’’ 

in its place. 

The revision reads as follows: 

22.1902 Policy. 

(a) Pursuant to Executive Order 

14026, the minimum hourly wage rate 

required to be paid to workers 

performing on, or in connection with, 

contracts and subcontracts subject to 

this subpart is— 

(1) At least $15.00 per hour beginning 

January 30, 2022; and 

(2) Beginning January 1, 2023, and 

annually thereafter, an amount 

determined by the Secretary of Labor. 

The Administrator of the Wage and 

Hour Division (the Administrator) will 

notify the public of the new E.O. 

minimum wage rate at least 90 days 

before it is to take effect. (See 22.1904.) 

* * * * * 

■ 9. Amend section 22.1903 by— 

■ a. Revising paragraph (a); 

■ b. Removing from paragraph 

(b)(2)(ii)(C) the phrase ‘‘29 CFR part 

541); or’’ and adding ‘‘29 CFR part 

541).’’ in its place; and 

■ c. Removing paragraph (b)(2)(iii). 

The revision reads as follows: 

22.1903 Applicability. 

(a) This subpart applies to contracts 

covered by the Service Contract Labor 

Standards statute (41 U.S.C. chapter 67, 

formerly known as the Service Contract 

Act, subpart 22.10), or the Wage Rate 

Requirements (Construction) statute (40 

U.S.C. chapter 31, Subchapter IV, 

formerly known as the Davis Bacon Act, 

subpart 22.4), that require performance 

in whole or in part within the United 

States (the 50 States, the District of 

Columbia, Puerto Rico, the Northern 

Mariana Islands, American Samoa, 

Guam, the U.S. Virgin Islands, Johnston 

Island, Wake Island, and the outer 

Continental Shelf as defined in the 

Outer Continental Shelf Lands Act (43 

U.S.C. 1331, et seq.)). When 

performance is in part within and in 

part outside the United States, this 

subpart applies to the part of the 

contract that is performed within the 

United States. 

* * * * * 

■ 10. Amend section 22.1904 by— 

■ a. Removing from paragraph (a) 

introductory text the date ‘‘January 1, 

2016’’ and adding ‘‘January 30, 2022’’ in 

its place; and 

■ b. Revising the table in paragraph 

(b)(2). 

The revision reads as follows: 

22.1904 Annual Executive Order Minimum 

Wage Rate. 

* * * * * 

(b) * * * * 

(2) * * * 

(i) Example 1—New E.O. wage rate is $16.10. 

Previous E.O. wage rate is $15.70. ......................................................... Analysis: The calculation is $16.10¥$15.80 = $.30. The price adjustment for this worker is $.30. 

The current service or construction wage determination rate applicable 

to this worker under the contract is $15.75. 

The actual wage currently paid to the worker is $15.80. 

(ii) Example 2—New E.O. wage rate is $15.50. 

Previous E.O. wage rate is $15.10. ......................................................... Analysis: The calculation is $15.50¥$15.80 = ¥$.30. There is no price 

adjustment for this worker. 

The current service or construction wage determination rate applicable 

to this worker under the contract is $15.75. 

The actual wage currently paid to the worker is $15.80. 


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Federal Register / Vol. 87, No. 17 / Wednesday, January 26, 2022 / Rules and Regulations 4123 

* * * * * 

22.1905 [Amended] 

■ 11. Amend section 22.1905 by— 

■ a. Removing from paragraph (a)(1) the 

phrase ‘‘29 CFR part 10’’ and adding ‘‘29 

CFR part 10 or part 23’’ in its place; 

■ b. Removing from paragraph (a)(3) the 

phrase ‘‘Minimum Wages Under 

Executive Order 13658’’ and adding 

‘‘Minimum Wages for Contractor 

Workers Under Executive Order 14026’’ 

in its place; 

■ c. Revising paragraph (b)(3)(iii); 

■ d. Removing from paragraph (c) the 

phrase ‘‘29 CFR part 10.43’’ and adding 

‘‘29 CFR part 23.430’’ in its place; 

■ e. Revising paragraphs (d)(2) and 

(d)(3)(i); and 

■ f. Removing from paragraph (d)(4) the 

phrase ‘‘which the E.O. applies’’ and 

adding ‘‘which E.O. 14026 applies’’ in 

its place. 

The revisions read as follows: 

22.1905 Enforcement of Executive Order 

Minimum Wage Requirements. 

* * * * * 

(b) * * * 

(3) * * * 

(iii) Evidence that clause 52.222–55, 

Minimum Wages for Contractor Workers 

Under Executive Order 14026, (or its 

predecessor for complaints under 29 

CFR part 10) was included in the 

contract; 

* * * * * 

(d) * * * 

(2) Antiretaliation. When a contractor 

has been found to have violated 

paragraph (i) of clause 52.222–55, 

Minimum Wages for Contractor Workers 

Under Executive Order 14026, the 

Administrator may provide for relief to 

the worker in accordance with 29 CFR 

23.440. 

(3) * * * 

(i) The Department of Labor may 

initiate debarment proceedings under 29 

CFR 23.520 whenever a contractor is 

found to have disregarded its 

obligations under 29 CFR part 23. 

* * * * * 

22.1906 [Amended] 

■ 12. Amend section 22.1906 by— 

■ a. Removing the phrase ‘‘Minimum 

Wages Under Executive Order 13658’’ 

and adding ‘‘Minimum Wages for 

Contractor Workers Under Executive 

Order 14026’’ in its place; and 

■ b. Removing the phrase ‘‘(the 50 States 

and the District of Columbia)’’. 

PART 52—SOLICITATION PROVISIONS 

AND CONTRACT CLAUSES 

■ 13. Amend section 52.212–5 by— 

■ a. Revising the date of the clause; 

■ b. Revising paragraph (c)(7); 

■ c. Removing from paragraph (c)(8) 

‘‘JAN 2017’’ and adding ‘‘JAN 2022’’ in 

its place; 

■ d. Revising paragraph (e)(1)(xvii); 

■ e. Removing from paragraph 

(e)(1)(xviii) ‘‘JAN 2017’’ and adding 

‘‘JAN 2022’’ in its place; and 

■ f. In Alternate II: 

■ i. Revising the date of the Alternate; 

■ ii. Revising paragraph (e)(1)(ii)(P); and 

■ iii. Removing from paragraph 

(e)(1)(ii)(Q) ‘‘JAN 2017’’ and adding 

‘‘JAN 2022’’ in its place. 

The revisions read as follows: 

52.212–5 Contract Terms and Conditions 

Required To Implement Statutes or 

Executive Orders—Commercial Products 

and Commercial Services. 

* * * * * 

Contract Terms and Conditions 

Required To Implement Statutes or 

Executive Orders—Commercial 

Products and Commercial Services 

(JAN 2022) 

* * * * * 

(c) * * * 

ll(7) 52.222–55, Minimum Wages 

for Contractor Workers Under Executive 

Order 14026 (JAN 2022). 

* * * * * 

(e)(1) * * * 

* * * * * 

(xvii) 52.222–55, Minimum Wages for 

Contractor Workers Under Executive 

Order 14026 (JAN 2022). 

* * * * * 

Alternate II (JAN 2022). * * * 

(e)(1) * * * 

(ii) * * * 

(P) 52.222–55, Minimum Wages for 

Contractor Workers Under Executive 

Order 14026 (JAN 2022). 

* * * * * 

■ 14. Amend section 52.213–4 by— 

■ a. Revising the date of the clause; 

■ b. Revising paragraphs (a)(2)(viii) and 

(b)(1)(ix); and 

■ c. Removing from paragraph (b)(1)(x) 

the phrase ‘‘(JAN 2017)’’ and adding 

‘‘(JAN 2022)’’ in its place. 

The revisions read as follows: 

52.213–4 Terms and Conditions— 

Simplified Acquisitions (Other Than 

Commercial Products and Commercial 

Services). 

* * * * * 

Terms and Conditions—Simplified 

Acquisitions (Other Than Commercial 

Products and Commercial Services). 

(JAN 2022) 

(a) * * * 

(2) * * * 

(viii) 52.244–6, Subcontracts for 

Commercial Products and Commercial 

Services (JAN 2022). 

* * * * * 

(b) * * * 

(1) * * * 

(ix) 52.222–55, Minimum Wages for 

Contractor Workers Under Executive 

Order 14026 (JAN 2022) (Applies when 

52.222–6 or 52.222–41 are in the 

contract and performance in whole or in 

part is in the United States (the 50 

States, the District of Columbia, Puerto 

Rico, the Northern Mariana Islands, 

American Samoa, Guam, the U.S. Virgin 

Islands, Johnston Island, Wake Island, 

and the outer Continental Shelf as 

defined in the Outer Continental Shelf 

Lands Act (43 U.S.C. 1331, et seq.))). 

* * * * * 

■ 15. Amend section 52.222–55 by— 

■ a. Revising the section heading, the 

clause heading, and the date of the 

clause; 

■ b. In paragraph (a)— 

■ i. Removing the definitions of 

‘‘Seasonal recreational equipment 

rental’’ and ‘‘Seasonal recreational 

services’’; 

■ ii. Revising the definition of ‘‘United 

States’’; 

■ iii. In the definition of ‘‘Worker’’— 

■ A. Redesignating paragraph (1) 

introductory text as (1)(i), redesignating 

paragraphs (1)(i) through (iii) as 

paragraphs (1)(i)(A) through (C), and 

redesignating paragraphs (2) and (3) as 

paragraphs (1)(ii) and (iii); 

■ B. Removing from the newly 

redesignated paragraph (1)(i) 

introductory text the phrase ‘‘13658’’ 

and adding ‘‘14026’’ in its place; and 

■ C. Adding a new paragraph (2); 

■ c. Removing from paragraph (b)(1) the 

phrases ‘‘$10.10’’ and ‘‘January 1, 2015’’ 

and adding ‘‘$15.00’’ and ‘‘January 30, 

2022’’ in their places, respectively; 

■ d. Removing from paragraph (b)(2) the 

date ‘‘January 1, 2016’’ and adding 

‘‘January 1, 2023’’ in its place; 

■ e. Removing from paragraph (b)(6) the 

phrase ‘‘29 CFR 10.23’’ and adding ‘‘29 

CFR 23.230’’ in its place; 

■ f. Removing from paragraph (b)(8) the 

phrase ‘‘ordinance establishing a 

minimum wage higher than the E.O.’’ 

and adding ‘‘ordinance or any 

applicable contract establishing a 

minimum wage higher than the E.O. 

14026’’ in its place; 

■ g. Removing from paragraph (b)(10) 

the phrase ‘‘29 CFR 10.24(b) and 10.28’’ 

and adding ‘‘29 CFR 23.240(b) and 

23.280’’ in its place; 

■ h. Removing from paragraph 

(c)(2)(ii)(C) the phrase ‘‘29 CFR part 

541); or’’ and adding ‘‘29 CFR part 

541).’’ in its place; 


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4124 Federal Register / Vol. 87, No. 17 / Wednesday, January 26, 2022 / Rules and Regulations 

■ i. Removing paragraph (c)(2)(iii); 

■ j. Removing from paragraph (d) the 

phrase ‘‘www.dol.gov/whd/ 

govcontracts’’ and adding 

‘‘www.dol.gov/agencies/whd/ 

government-contracts’’ in its place; 

■ k. Removing from paragraph (e)(4) the 

phrases ‘‘29 CFR 10.26’’ and adding ‘‘29 

CFR 23.260’’ in its place; and 

■ l. Removing from paragraph (h) the 

phrase ‘‘29 CFR 10.51’’ and ‘‘29 CFR 

part 10’’ and adding ‘‘29 CFR 23.510’’ 

and ‘‘29 CFR part 23’’ in their places, 

respectively. 

The revisions and additions read as 

follows: 

52.222–55 Minimum Wages for Contractor 

Workers Under Executive Order 14026. 

* * * * * 

Minimum Wages for Contractor 

Workers Under Executive Order 14026 

(JAN 2022) 

(a) * * * 

‘‘United States’’ means the 50 states, 

the District of Columbia, Puerto Rico, 

the Northern Mariana Islands, American 

Samoa, Guam, the U.S. Virgin Islands, 

Johnston Island, Wake Island, and the 

outer Continental Shelf as defined in the 

Outer Continental Shelf Lands Act (43 

U.S.C. 1331, et seq.). 

‘‘Worker’’— 

* * * * * 

(2)(i) A worker performs on a contract 

if the worker directly performs the 

specific services called for by the 

contract; and 

(ii) A worker performs in connection 

with a contract if the worker’s work 

activities are necessary to the 

performance of a contract but are not the 

specific services called for by the 

contract. 

* * * * * 

■ 16. Amend section 52.222–62 by— 

■ a. Revising the date of the clause; and 

■ b. Removing from paragraph (i)(6) the 

phrase ‘‘E.O. 13658’’ and adding ‘‘E.O. 

14026’’ in its place. 

The revision reads as follows: 

52.222–62 Paid Sick Leave Under 

Executive Order 13706. 

* * * * * 

Paid Sick Leave Under Executive Order 

13706 (JAN 2022) 

* * * * * 

■ 17. Amend section 52.244–6 by— 

■ a. Revising the date of the clause; 

■ b. Removing from paragraph (c)(1)(xv) 

the phrase ‘‘Wages under Executive 

Order 13658’’ and adding ‘‘Wages for 

Contractor Workers under Executive 

Order 14026’’ in its place; and 

■ c. Removing from paragraph 

(c)(1)(xvi) the phrase ‘‘(JAN 2017)’’ and 

adding ‘‘(JAN 2022)’’ in its place. 

The revision reads as follows: 

52.244–6 Subcontracts for Commercial 

Products and Commercial Services. 

* * * * * 

Subcontracts for Commercial Products 

and Commercial Services (JAN 2022) 

* * * * * 

[FR Doc. 2022–01507 Filed 1–25–22; 8:45 am] 

BILLING CODE 6820–EP–P 


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