22.1009-3 All possible places of performance identified
Source: FAR 22.1009-3 on acquisition.gov
Contracting officers must obtain and include wage determinations for every possible place of performance in service contracts, updating solicitations if new locations are identified before offers are due.
Overview
FAR 22.1009-3 addresses the procedures contracting officers must follow when all possible places of performance for a service contract can be identified, even if the actual location will be determined after award. The regulation ensures that appropriate wage determinations are included in the solicitation for every potential locality where services may be performed, in compliance with the Service Contract Labor Standards (SCLS). It also outlines steps to take if new potential places of performance are identified before the offer submission deadline.
Key Rules
- Wage Determinations for All Identified Locations
- Contracting officers must obtain and include wage determinations for each possible place of performance in the solicitation, even if the actual location is not yet known.
- Amendment for Newly Identified Locations
- If additional possible places of performance are identified before the offer deadline, the contracting officer must obtain wage determinations for those areas, amend the solicitation to include them, and extend the offer period if necessary.
- Follow-up Procedures
- The contracting officer must follow the procedures in FAR 22.1009-4 for further actions related to newly identified locations.
Responsibilities
- Contracting Officers: Must identify all possible places of performance, obtain and include all relevant wage determinations, amend solicitations as needed, and follow up with additional procedures if new locations are identified.
- Contractors: Should review all wage determinations included in the solicitation to ensure compliance with labor standards for any potential place of performance.
- Agencies: Must oversee that solicitations are properly amended and wage determinations are accurate and comprehensive.
Practical Implications
- This section ensures fair labor standards are maintained regardless of where services are performed.
- It prevents delays or disputes by requiring all wage determinations to be included upfront or promptly amended.
- Common pitfalls include failing to identify all possible locations or not updating solicitations when new locations are discovered.
(a) If the contracting officer can identify all the possible places or areas of performance (even though the actual place of performance will not be known until the successful offeror is chosen), the contracting officer shall obtain a wage determination for each locality where services may be performed (see 22.1008).
(b) If the contracting officer subsequently learns of any potential offerors in previously unidentified places before the closing date for submission of offers, the contracting officer shall-
(1) Obtain wage determinations for the additional places of performance and amend the solicitation to include all wage determinations. If necessary, the contracting officer shall extend the time for submission of final offers; and
(2) Follow the procedures in 22.1009-4.