22.1009-4 All possible places of performance not identified
Source: FAR 22.1009-4 on acquisition.gov
When contract performance locations are unknown, both contracting officers and offerors must follow specific procedures to ensure all required wage determinations are obtained and incorporated, protecting compliance and competition.
Overview
FAR 22.1009-4 provides procedures for contracting officers when all possible places of performance for a contract are not identified at the time of solicitation. This section ensures that wage determinations under the Service Contract Labor Standards (SCLS) are properly handled even when the exact location of contract performance is unknown, protecting both the government and potential offerors.
Key Rules
- Disclosure in Solicitation
- Contracting officers must state in the synopsis and solicitation that the place of performance is unknown, list any identified possible locations, and inform offerors that additional wage determinations can be requested in writing by a specified deadline.
- Clause Inclusion
- The solicitation must include the information about possible places of performance and the deadline for requests in the clause at 52.222-49. The deadline should generally be 10-15 days after solicitation issuance.
- Handling Late Requests
- Late requests for wage determinations do not disqualify offerors from competing, but are subject to procedures in FAR 14.304.
- Processing Timely Requests
- If timely requests are received, the contracting officer must obtain wage determinations for those locations and amend the solicitation accordingly, possibly extending the offer deadline.
- Award Without Timely Request
- If the winning offeror did not request a wage determination for their performance location, the contracting officer must still obtain and retroactively incorporate the wage determination into the contract, with no price adjustment.
Responsibilities
- Contracting Officers: Must disclose unknown performance locations, manage wage determination requests, amend solicitations as needed, and ensure compliance with SCLS wage determinations.
- Contractors: Must notify the contracting officer in writing if they intend to perform in an unlisted location and request wage determinations by the specified deadline.
- Agencies: Oversee compliance with SCLS and ensure proper wage determinations are included in contracts.
Practical Implications
- This section ensures fair competition and compliance with labor standards when performance locations are uncertain. Contractors must be proactive in identifying their intended locations and requesting wage determinations. Failure to do so may result in retroactive wage determinations without price adjustments, which could impact profitability. Contracting officers must manage communications and amendments efficiently to avoid delays or disputes.
If the contracting officer believes that there may be offerors interested in performing in unidentified places or areas, the contracting officer may use the following procedures:
(a) Include the following information in the synopsis and solicitation:
(1) That the place of performance is unknown.
(2) The possible places or areas of performance that the contracting officer has already identified.
(3) That the contracting officer will obtain wage determinations for additional possible places of performance if asked to do so in writing.
(4) The time and date by which offerors must notify the contracting officer of additional places of performance.
(b) Include the information required by paragraphs (a)(2) and (a)(4) of this section in the clause at 52.222-49, Service Contract Labor Standards–Place of Performance Unknown (see 22.1006(f)). The closing date for receipt of offerors’ requests for wage determinations for additional possible places of performance should allow reasonable time for potential offerors to review the solicitation and determine their interest in competing. Generally, 10 to 15 days from the date of issuance of the solicitation may be considered a reasonable period of time.
(c) The procedures in 14.304 shall apply to late receipt of offerors’ requests for wage determinations for additional places of performance. However, late receipt of an offeror’s request for a wage determination for additional places of performance does not preclude the offeror’s competing for the proposed acquisition.
(d) If the contracting officer receives any timely requests for wage determinations for additional places of performance the contracting officer shall-
(1) Obtain wage determinations for the additional places of performance; and
(2) Amend the solicitation to include all wage determinations and, if necessary, extend the time for submission of final offers.
(e) If the successful offeror did not make a timely request for a wage determination and will perform in a place of performance for which the contracting officer therefore did not request a wage determination, the contracting officer shall-
(1) Award the contract;
(2) Obtain a wage determination; and
(3) Incorporate the wage determination in the contract, retroactive to the date of contract award and with no adjustment in contract price, pursuant to the clause at 52.222-49, Service Contract Labor Standards–Place of Performance Unknown.