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Federal Register / Vol. 86, No. 138 / Thursday, July 22, 2021 / Proposed Rules The Board shall not receive new evidence into the record.
ii The Equal Access to Justice Act, as amended, does not apply to proceedings under this part.
Accordingly, the Administrative Review Board shall have no authority to award attorneys fees and/or other litigation expenses pursuant to the provisions of the Equal Access to Justice Act for any proceeding under this part.
b Decisions. The Boards final decision shall be issued within a reasonable period of time following receipt of the petition for review and shall be served upon all parties by mail to the last known address and on the Chief Administrative Law Judge in cases involving an appeal from an Administrative Law Judges decision.
c Orders. If the Board concludes a violation occurred, the final order shall mandate action to remedy the violation, including, but not limited to, monetary relief for unpaid wages. Where the Administrator has sought imposition of debarment, the Board shall determine whether an order imposing debarment is appropriate. The Boards order is subject to discretionary review by the Secretary as provided in Secretarys Order 01
2020 or any successor to that order.
d Finality. The decision of the Administrative Review Board shall become the final order of the Secretary in accordance with Secretarys Order 012020 or any successor to that order, which provides for discretionary review of such orders by the Secretary.
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Administrator ruling.

a Questions regarding the application and interpretation of the rules contained in this part may be referred to the Administrator, who shall issue an appropriate ruling. Requests for such rulings should be addressed to the Administrator, Wage and Hour Division, U.S. Department of Labor, Washington, DC 20210.
b Any interested party may appeal to the Administrative Review Board for review of a final ruling of the Administrator issued under paragraph a of this section. The petition for review shall be filed with the Administrative Review Board within 30
calendar days of the date of the ruling.

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Appendix A to Part 23Contract Clause The following clause shall be included by the contracting agency in every contract, contract-like instrument, and solicitation to which Executive Order 14026 applies, except for procurement contracts subject to the Federal Acquisition Regulation FAR:
a Executive Order 14026. This contract is subject to Executive Order 14026, the regulations issued by the Secretary of Labor
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in 29 CFR part 23 pursuant to the Executive Order, and the following provisions.
b Minimum Wages. 1 Each worker as defined in 29 CFR 23.20 engaged in the performance of this contract by the prime contractor or any subcontractor, regardless of any contractual relationship which may be alleged to exist between the contractor and worker, shall be paid not less than the applicable minimum wage under Executive Order 14026.
2 The minimum wage required to be paid to each worker performing work on or in connection with this contract between January 30, 2022 and December 31, 2022, shall be $15.00 per hour. The minimum wage shall be adjusted each time the Secretary of Labors annual determination of the applicable minimum wage under section 2aii of Executive Order 14026 results in a higher minimum wage. Adjustments to the Executive Order minimum wage under section 2aii of Executive Order 14026 will be effective for all workers subject to the Executive Order beginning January 1 of the following year. If appropriate, the contracting officer, or other agency official overseeing this contract shall ensure the contractor is compensated only for the increase in labor costs resulting from the annual inflation increases in the Executive Order 14026
minimum wage beginning on January 1, 2023. The Secretary of Labor will publish annual determinations in the Federal Register no later than 90 days before such new wage is to take effect. The Secretary will also publish the applicable minimum wage on https alpha.sam.gov/content/wagedeterminations or any successor website.
The applicable published minimum wage is incorporated by reference into this contract.
3 The contractor shall pay unconditionally to each worker all wages due free and clear and without subsequent deduction except as otherwise provided by 29 CFR 23.230, rebate, or kickback on any account. Such payments shall be made no later than one pay period following the end of the regular pay period in which such wages were earned or accrued. A pay period under this Executive Order may not be of any duration longer than semi-monthly.
4 The prime contractor and any uppertier subcontractor shall be responsible for the compliance by any subcontractor or lowertier subcontractor with the Executive Order minimum wage requirements. In the event of any violation of the minimum wage obligation of this clause, the contractor and any subcontractors responsible therefore shall be liable for the unpaid wages.
5 If the commensurate wage rate paid to a worker performing work on or in connection with a covered contract whose wages are calculated pursuant to a special certificate issued under 29 U.S.C. 214c, whether hourly or piece rate, is less than the Executive Order minimum wage, the contractor must pay the Executive Order minimum wage rate to achieve compliance with the Order. If the commensurate wage due under the certificate is greater than the Executive Order minimum wage, the contractor must pay the worker the greater commensurate wage.
c Withholding. The agency head shall upon its own action or upon written request
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of an authorized representative of the Department of Labor withhold or cause to be withheld from the prime contractor under this or any other Federal contract with the same prime contractor, so much of the accrued payments or advances as may be considered necessary to pay workers the full amount of wages required by Executive Order 14026.
d Contract Suspension/Contract Termination/Contractor Debarment. In the event of a failure to pay any worker all or part of the wages due under Executive Order 14026 or 29 CFR part 23, or a failure to comply with any other term or condition of Executive Order 14026 or 29 CFR part 23, the contracting agency may on its own action or after authorization or by direction of the Department of Labor and written notification to the contractor, take action to cause suspension of any further payment, advance or guarantee of funds until such violations have ceased. Additionally, any failure to comply with the requirements of this clause may be grounds for termination of the right to proceed with the contract work. In such event, the Government may enter into other contracts or arrangements for completion of the work, charging the contractor in default with any additional cost. A breach of the contract clause may be grounds for debarment as a contractor and subcontractor as provided in 29 CFR 23.520.
e The contractor may not discharge any part of its minimum wage obligation under Executive Order 14026 by furnishing fringe benefits or, with respect to workers whose wages are governed by the Service Contract Act, the cash equivalent thereof.
f Nothing herein shall relieve the contractor of any other obligation under Federal, state or local law, or under contract, for the payment of a higher wage to any worker, nor shall a lower prevailing wage under any such Federal, State, or local law, or under contract, entitle a contractor to pay less than $15.00 or the minimum wage as established each January thereafter to any worker.
g Payroll Records. 1 The contractor shall make and maintain for three years records containing the information specified in paragraphs g1i through vi of this section for each worker and shall make the records available for inspection and transcription by authorized representatives of the Wage and Hour Division of the U.S.
Department of Labor:
i Name, address, and social security number;
ii The workers occupations or classifications;
iii The rate or rates of wages paid;
iv The number of daily and weekly hours worked by each worker;
v Any deductions made; and vi Total wages paid.
2 The contractor shall also make available a copy of the contract, as applicable, for inspection or transcription by authorized representatives of the Wage and Hour Division.
3 Failure to make and maintain or to make available such records for inspection and transcription shall be a violation of 29
CFR part 23 and this contract, and in the case
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