Attempt to identify possible places of performance
Contracting officers must make a reasonable effort to identify potential places of performance to ensure proper application of labor standards and wage determinations.
Overview
FAR 22.1009-2 requires contracting officers to make a reasonable effort to identify potential places or geographical areas where contract services may be performed when the place of performance is not known. This identification process is important for ensuring compliance with labor standards and other regulatory requirements that may vary by location. The regulation provides guidance on sources contracting officers can use to determine possible places of performance, including reviewing locations of previous contractors, utilizing online databases of prospective offerors, and considering responses to presolicitation notices.
Key Rules
- Identify Possible Places of Performance
- Contracting officers should proactively seek to determine where services might be performed if not already specified.
- Use Multiple Information Sources
- Officers should consult prior contractor locations, online databases, and presolicitation responses to gather information on potential performance sites.
Responsibilities
- Contracting Officers: Must attempt to identify likely places of performance using the suggested sources to inform compliance with applicable labor laws and wage determinations.
- Contractors: Should provide accurate information about intended places of performance when responding to presolicitation notices.
- Agencies: Should support contracting officers with access to relevant databases and historical contract information.
Practical Implications
- This requirement ensures that labor standards and wage determinations are properly applied based on actual or likely performance locations.
- Failure to identify possible places of performance can lead to compliance issues or disputes regarding wage rates and labor standards.
- Contracting officers should document their efforts and sources consulted to demonstrate due diligence.