22.404-3 Procedures for requesting wage determinations
Source: FAR 22.404-3 on acquisition.gov
Timely and accurate wage determination requests are essential for compliance with federal construction contracting requirements.
Overview
FAR 22.404-3 outlines the procedures for federal agencies to request wage determinations under the Construction Wage Rate Requirements statute. It distinguishes between general wage determinations (available on SAM.gov) and project wage determinations (requested from the Department of Labor when a general determination is not available). The section specifies the required information, forms, and timelines for submitting requests, as well as the process for reviewing and correcting wage determinations upon receipt.
Key Rules
- General Wage Determinations
- Agencies may use general wage determinations from SAM.gov without notifying the Department of Labor, but may request new ones using SF 308 if needed.
- Project Wage Determinations
- If no general wage determination exists, agencies must request a project wage determination from the Department of Labor using SF 308, providing detailed project and wage information.
- Submission Timing
- Requests should be submitted at least 45 days (preferably 60) before solicitation or contract extension; processing typically takes at least 30 days.
- Review and Corrections
- Agencies must review wage determinations upon receipt and notify the Department of Labor of any errors; private parties must submit change requests directly to the Department of Labor.
Responsibilities
- Contracting Officers: Ensure proper wage determination is obtained and included in solicitations/contracts, submit SF 308 with all required information, review determinations for accuracy, and communicate corrections.
- Contractors: Must comply with the wage determinations included in the contract.
- Agencies: Oversee timely submission and review of wage determination requests, and ensure compliance with Department of Labor procedures.
Practical Implications
- This section ensures that construction contracts are awarded with accurate, up-to-date wage determinations, protecting worker pay and minimizing disputes. Delays or errors in wage determination requests can impact solicitation timelines and contract compliance. Agencies must be diligent in submitting complete, timely requests and reviewing determinations for accuracy.
(a) General wage determinations. If there is a general wage determination on the Wage Determinations at SAM.gov website applicable to the project, the agency may use it without notifying the Department of Labor. When necessary, a request for a general wage determination may be made by submitting https://www.gsa.gov/forms-library/request-wage-determination-and-response-request" target="_blank">Standard Form (SF) 308, Request for Determination and Response to Request, to the Administrator, Wage and Hour Division, Attention: Branch of Construction Contract Wage Determinations, 200 Constitution Avenue, NW, Washington, DC 20210.
(b) Project wage determinations. If a general wage determination is not available on Wage Determinations at SAM.gov, a contracting agency shall submit requests for project wage determinations on https://www.gsa.gov/forms-library/request-wage-determination-and-response-request" target="_blank">SF 308 to the Department of Labor. The requests shall include the following information:
(1) The location, including the county (or other civil subdivision) and State in which the proposed project is located.
(2) The name of the project and a sufficiently detailed description of the work to indicate the types of construction involved (e.g., building, heavy, highway, residential, or other type).
(3) Any available pertinent wage payment information, unless wage patterns in the area are clearly established.
(4) The estimated cost of each project.
(5) All the classifications of laborers and mechanics likely to be employed.
(c) Time for submission of requests.
(1) The time required by the Department of Labor for processing requests for project wage determinations varies according to the facts and circumstances in each case. An agency should expect the processing to take at least 30 days. Accordingly, agencies should submit requests for project wage determinations for the primary site of the work to the Department of Labor at least 45 days (60 days if possible) before issuing the solicitation or exercising an option to extend the term of a contract.
(2) Agencies should promptly submit to the Department of Labor an offeror’s request for a project wage determination for a secondary site of the work.
(d) Review of wage determinations. Immediately upon receipt, the contracting agency shall examine the wage determination and inform the Department of Labor of any changes necessary or appropriate to correct errors. Private parties requesting changes should be advised to submit their requests to the Department of Labor.