22.1012-1 Prevailing wage determinations
Source: FAR 22.1012-1 on acquisition.gov
Contracting officers must closely monitor and timely incorporate revised prevailing wage determinations into contracts, following specific rules based on acquisition method and timing of receipt.
Overview
FAR 22.1012-1 outlines the procedures for determining when revised prevailing wage determinations must be incorporated into solicitations, contracts, or contract modifications under the Service Contract Labor Standards statute. It clarifies how and when contracting agencies must recognize and apply updated wage determinations, depending on the method of acquisition (sealed bidding or other contractual actions) and the timing of receipt. The section also details the use of the Wage Determinations at SAM.gov website and the e98 process for obtaining wage determinations, and provides guidance for follow-up if a response is delayed.
Key Rules
- Timing of Receipt
- The effective date of a revised wage determination depends on when the contracting agency receives it, either via SAM.gov publication or e98 notification.
- Monitoring for Revisions
- Contracting officers must monitor SAM.gov for updates and use the "Alert Service" to stay informed of changes.
- Sealed Bidding
- Revised wage determinations received less than 10 days before bid opening are not effective if there is insufficient time to incorporate them.
- Other Contractual Actions
- For non-sealed bidding, revisions received after award are not effective if performance starts within 30 days; otherwise, revisions received at least 10 days before work starts must be applied.
- e98 Response Delays
- If no e98 response is received within 10 days, the contracting officer must contact the Wage and Hour Division by phone.
Responsibilities
- Contracting Officers: Must monitor wage determination updates, ensure timely incorporation into contracts, and follow up on delayed e98 responses.
- Contractors: Must comply with the prevailing wage rates included in their contracts.
- Agencies: Must track receipt dates and ensure compliance with timing requirements for wage determination revisions.
Practical Implications
- Ensures contracts reflect current wage standards, protecting workers and maintaining compliance.
- Requires diligent monitoring and timely action by contracting officers.
- Failure to incorporate timely revisions can result in non-compliance or disputes.
(a)
(1) The Wage and Hour Administrator may issue revisions to prevailing wage determinations periodically. The need for inclusion of a revised prevailing wage determination in a solicitation, contract or contract modification (see 22.1007) is determined by the date of receipt of the revised prevailing wage determination by the contracting agency. (Note the distinction between receipt by the agency and receipt by the contracting officer which may occur later.)
(i) For purposes of using Wage Determinations at SAM.gov, the time of receipt by the contracting agency shall be the first day of publication of the revised prevailing wage determination on the website.
(ii) For purposes of using the e98 process, the time of receipt by the contracting agency shall be the date the agency receives actual notice of a new or revised prevailing wage determination from the Department of Labor as an e98 response.
(2) In selecting a prevailing wage determination from the Wage Determinations at SAM.gov website for use in a solicitation or other contract action, the contracting officer shall monitor the Wage Determinations at SAM.gov website to determine whether the applicable wage determination has been revised. Revisions published on the Wage Determinations at SAM.gov website or otherwise communicated to the contracting officer within the timeframes prescribed at 22.1012-1(b) and (c) are effective and must be included in the resulting contract. Monitoring can be accomplished by use of the Wage Determinations at SAM.gov website’s "Alert Service".
(b) The following shall apply when contracting by sealed bidding: a revised prevailing wage determination shall not be effective if it is received by the contracting agency less than 10 days before the opening of bids, and the contracting officer finds that there is not reasonable time to incorporate the revision in the solicitation.
(c) For contractual actions other than sealed bidding, a revised prevailing wage determination received by the contracting agency after award of a new contract or a modification as specified in 22.1007(b) shall not be effective provided that the start of performance is within 30 days of the award or the specified modification. If the contract does not specify a start of performance date which is within 30 days of the award or the specified modification, and if contract performance does not commence within 30 days of the award or the specified modification, any revision received by the contracting agency not less than 10 days before commencement of the work shall be effective.
(d) If the contracting officer has submitted an e98 to the Department of Labor requesting a prevailing wage determination and has not received a response within 10 days, the contracting officer shall contact the Wage and Hour Division by telephone to determine when the wage determination can be expected. (The telephone number is provided on the e98 website.)