22.1008-1 Obtaining wage determinations
Source: FAR 22.1008-1 on acquisition.gov
Contracting officers must use SAM.gov or the e98 process to obtain and accurately apply the correct prevailing wage determination for each service contract action.
Overview
FAR 22.1008-1 outlines the procedures for contracting officers to obtain prevailing wage determinations required under the Service Contract Act. The section details the use of the Wage Determinations at SAM.gov website and the Department of Labor’s e98 electronic process for requesting wage determinations. It emphasizes the importance of providing accurate and complete information, anticipating processing time, and ensuring the correct wage determination is selected and applied to each contract action. The regulation also specifies the steps contracting officers must take to identify the appropriate classes of service employees, the locality of performance, and applicable wage rates. If uncertainties arise, contracting officers are encouraged to consult their agency labor advisor for guidance.
Key Rules
- Use of Wage Determinations at SAM.gov and e98 Process
- Contracting officers should use the SAM.gov website to obtain wage determinations or the e98 process if the required determination is not available online.
- Accurate and Complete Information
- All information submitted via the e98 process must be accurate and complete, especially the email address.
- Anticipate Processing Time
- Contracting officers must allow sufficient time to gather information and, if necessary, contact the Department of Labor.
- Responsibility for Wage Determination Selection
- The contracting agency is responsible for the wage determination selected, even when using automated tools or the e98 process.
- Steps to Obtain Wage Determination
- Officers must determine employee classes, locality, applicability of 41 U.S.C. 6707(c), and relevant wage rates.
- Seek Guidance When Needed
- Officers should consult the agency labor advisor if questions arise.
Responsibilities
- Contracting Officers: Must obtain and apply the correct wage determination, provide accurate information, and consult advisors as needed.
- Contractors: Must comply with the wage determination included in the contract.
- Agencies: Responsible for oversight and ensuring correct wage determinations are used.
Practical Implications
- Ensures compliance with wage standards for service contracts.
- Impacts contract preparation timelines and accuracy of contract terms.
- Common issues include delays due to incomplete information or selection of incorrect wage determinations.
(a) Contracting officers may obtain most prevailing wage determinations using the Wage Determinations at SAM.gov website. Contracting officers may also use the Department of Labor’s e98 electronic process, located on the Wage Determinations at SAM.gov website, to request a wage determination directly from the Department of Labor. If the Wage Determinations at SAM.gov database does not contain the applicable prevailing wage determination for a contract action, the contracting officer must use the e98 process to request a wage determination from the Department of Labor.
(b) In using the e98 process to obtain prevailing wage determinations, contracting officers shall provide as complete and accurate information on the e98 as possible. Contracting officers shall ensure that the email address submitted on an e98 request is accurate.
(c) The contracting officer must anticipate the amount of time required to gather the information necessary to obtain a wage determination, including sufficient time, if necessary, to contact the Department of Labor to request wage determinations that are not available through use of the Wage Determinations at SAM.gov .
(d) Although the Wage Determinations at SAM.gov website provides assistance to the contracting agency to select the correct wage determination, the contracting agency remains responsible for the wage determination selected. If the contracting agency has used the e98 process, the Department of Labor will respond to the contracting agency based on the information provided on the e98. The contracting agency may rely upon the Department of Labor response as the correct wage determination for the contract.
(e) To obtain the applicable wage determination for each contract action, the contracting officer shall determine the following information concerning the service employees expected to be employed by the contractor and any subcontractors in performing the contract:
(1) Determine the classes of service employees to be utilized in performance of the contract using the Wage and Hour Division’s Service Contract Act Directory of Occupations (Directory). The Directory can be found on Wage Determinations at SAM.gov Library Page, and is for sale by the Superintendent of Documents, U.S. Government Publishing Office.
(2) Determine the locality where the services will be performed (see 22.1009).
(3) Determine whether http://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title41-section6707(c)&num=0&edition=prelim" target="_blank">41 U.S.C. 6707(c) applies (see 22.1008-2, 22.1010 and 22.1002-2).
(4) Determine the wage rate that would be paid each class if employed by the agency and subject to the wage provisions of http://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section5341&num=0&edition=prelim" target="_blank">5 U.S.C. 5341 and/or 5332 (see 22.1016).
(f) If the contracting officer has questions regarding the procedures for obtaining a wage determination, or questions regarding the selection of a wage determination, the contracting officer should request assistance from the agency labor advisor.