Delay over 60 days in bid opening or commencement of work
If bid opening or work commencement is delayed over 60 days after an e98 wage determination, a new e98 must be submitted and any updated wage determination will apply.
Overview
FAR 22.1014 addresses situations where there is a delay of more than 60 days in bid opening or the commencement of work after a wage determination was obtained via the e98 process. If such a delay occurs, the contracting officer is required to submit a new e98 to ensure that the wage determination is current. Any updated wage determination received as a result of this new submission will replace the previous one and will apply to the acquisition, subject to the timing rules outlined in FAR 22.1012-1(b) and (c). This ensures that wage determinations reflect current labor standards and rates at the time of contract award or work commencement.
Key Rules
- Delay Over 60 Days
- If bid opening or work commencement is delayed more than 60 days after the original e98 wage determination, a new e98 must be submitted.
- Superseding Wage Determination
- Any revised wage determination received will supersede the earlier one and become applicable to the acquisition, following the timing requirements in FAR 22.1012-1(b) and (c).
Responsibilities
- Contracting Officers: Must monitor delays and submit a new e98 if the 60-day threshold is exceeded; apply any revised wage determination as required.
- Contractors: Must comply with the wage determination in effect at the time of contract award or work commencement.
- Agencies: Ensure oversight of compliance with wage determination updates and proper documentation.
Practical Implications
- This rule ensures that labor standards are up-to-date and reflect current wage rates, protecting workers and maintaining compliance.
- Contractors should be aware that delays may result in new wage determinations, potentially affecting labor costs.
- Failure to update wage determinations after a delay can lead to noncompliance and possible contract disputes.