22.1009
Place of performance unknown
When the place of performance is unknown, contracting officers must make reasonable efforts to identify possible locations and include all applicable wage determinations to ensure compliance with Service Contract Labor Standards.
Overview
FAR 22.1009 addresses procedures for situations where the place of performance for a service contract is unknown at the time of solicitation. This section outlines the steps contracting officers must take to ensure compliance with Service Contract Labor Standards (SCLS) when the work location is not predetermined. The regulation provides guidance on attempting to identify possible places of performance, what to do if all possible locations are identified, and the process to follow if not all locations can be determined. The goal is to ensure that appropriate wage determinations are included in the solicitation to protect service employees, regardless of where the work may ultimately be performed.
Key Rules
- Attempt to Identify Places of Performance
- Contracting officers must make reasonable efforts to identify all possible places where the contract work may be performed.
- All Places Identified
- If all possible places of performance are identified, wage determinations for each location must be included in the solicitation.
- Not All Places Identified
- If not all possible places can be identified, the contracting officer must include wage determinations for known locations and follow procedures for unknown locations as outlined in the regulation.
Responsibilities
- Contracting Officers: Must attempt to identify all possible places of performance and include appropriate wage determinations in the solicitation. If unable to identify all locations, they must follow prescribed procedures for unknown locations.
- Contractors: Should review wage determinations for all listed locations and be prepared for compliance at any potential place of performance.
- Agencies: Must ensure oversight to guarantee wage determinations are properly included and updated as necessary.
Practical Implications
- This section ensures service employees are protected by appropriate wage rates, even when the work location is not known in advance.
- It impacts solicitation preparation and compliance, requiring diligence in identifying potential work sites.
- Common pitfalls include failing to include all relevant wage determinations or not following procedures for unknown locations, which can lead to compliance violations and contract disputes.