22.404-3
Procedures for requesting wage determinations
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.