What is FAR 52.222-16?

FAR 52.222-16 (Approval of Wage Rates.) is a federal acquisition regulation clause that may be included in government contracts. It falls under the labor category.

When is FAR 52.222-16 required?

FAR 52.222-16 is typically required when the contracting officer determines it's applicable to the specific procurement. Check the solicitation's Section I for included clauses.

Does FAR 52.222-16 flow down to subcontractors?

Whether FAR 52.222-16 flows down depends on the specific clause language and contract type. Review the clause text for flow-down provisions.

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52.222-16 — Approval of Wage Rates.

Last updated: 2026-04

Researched by the BidStride Research Team

What This Clause Requires

FAR 52.222-16 — Approval of Wage Rates.. This clause is part of the Federal Acquisition Regulation and may be included in government contracts as a solicitation provision or contract clause.

Official Regulation Text

52.222-16 Approval of Wage Rates. 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) [53 FR 4947, Feb. 18, 1988, as amended at 79 FR 24218, Apr. 29, 2014]
Source: eCFR, 48 CFR 52.222-16 (https://www.ecfr.gov/current/title-48/section-52.222-16)

Compliance Checklist

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.

Flow-Down to Subcontractors

No flow-down required

This clause applies only to the prime contract and does not need to be flowed down to subcontractors.

Frequently Asked Questions

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This summary is for informational purposes only and reflects the BidStride Research Team's plain-English interpretation of the regulation. It is not legal advice and does not constitute an attorney-client relationship. Always consult the official Federal Acquisition Regulation (FAR) or Defense Federal Acquisition Regulation Supplement (DFARS) text and qualified legal counsel for compliance decisions.