General
When the place of performance is unknown, contracting officers must attempt to identify possible locations and, if unsuccessful, follow specific procedures to ensure labor standards compliance.
Overview
FAR 22.1009-1 provides guidance for contracting officers when the place of performance for a service contract is unknown at the time of solicitation. The section directs contracting officers to first attempt to identify potential locations or geographic areas where the services may be performed. If the specific place of performance cannot be determined, the contracting officer is permitted to use alternative procedures outlined in subsequent sections (22.1009-3 or 22.1009-4) to ensure compliance with labor standards and wage determinations under the Service Contract Labor Standards statute.
Key Rules
- Unknown Place of Performance
- When the place of performance is not known, special procedures may be used to address labor standards requirements.
- Identification Attempt
- Contracting officers should make a reasonable effort to identify possible locations or geographic areas for performance (refer to 22.1009-2).
- Alternative Procedures
- If identification is not possible, follow the procedures in 22.1009-3 or 22.1009-4 for wage determination compliance.
Responsibilities
- Contracting Officers: Must attempt to identify potential places of performance and, if unsuccessful, apply the appropriate procedures for unknown locations.
- Contractors: Should be aware that wage determinations may be based on multiple or unknown locations, affecting labor costs and compliance.
- Agencies: Ensure oversight that proper procedures are followed when place of performance is not specified.
Practical Implications
- This section exists to ensure labor standards are upheld even when the place of performance is not known at solicitation.
- It impacts how wage determinations are included in solicitations and contracts, potentially affecting pricing and compliance.
- Common pitfalls include failing to attempt identification of locations or not following the correct procedures for unknown places of performance.