22.404-4
Solicitations issued without wage determinations for the primary site of the work
Solicitations without an initial wage determination must notify bidders, and wage rates must be provided before bid opening or final offers to ensure compliance with labor standards.
Overview
FAR 22.404-4 addresses procedures for issuing solicitations for construction contracts when the wage determination for the primary site of the work has not yet been obtained. The regulation ensures that contractors are informed about minimum wage rates and that these rates are incorporated into the solicitation process in a timely and compliant manner.
Key Rules
- Notice Requirement in Solicitations
- If the wage determination is not available at the time of solicitation, the solicitation must include a notice stating that the schedule of minimum wage rates will be issued as an amendment.
- Sealed Bidding Procedures
- Bids cannot be opened until a reasonable time after the wage determination has been provided to all bidders, ensuring all have access to the required wage information.
- Negotiated Acquisitions Procedures
- Proposals may be opened and negotiations may proceed before the wage determination is obtained, but the wage determination must be incorporated into the solicitation before best and final offers are submitted.
Responsibilities
- Contracting Officers: Must ensure proper notice is included in solicitations, delay bid openings as required, and incorporate wage determinations before final offers in negotiated acquisitions.
- Contractors: Should monitor for amendments to solicitations and ensure compliance with wage determinations once issued.
- Agencies: Must oversee that wage determinations are properly communicated and incorporated into the solicitation process.
Practical Implications
- This section exists to prevent contractors from bidding or negotiating without knowledge of required wage rates, reducing the risk of noncompliance and protest. Contractors must stay alert for amendments and ensure their proposals reflect the latest wage determinations. Delays in obtaining wage determinations can impact solicitation timelines and bid preparation.