52.222-49
Service Contract Labor Standards-Place of Performance Unknown
When the place of performance is unknown, contractors must comply with wage determinations retroactively added to the contract, with no price adjustment allowed.
Overview
- FAR 52.222-49 addresses situations where the place of performance for a service contract is unknown at the time of solicitation. It ensures compliance with the Service Contract Labor Standards (SCLS) by outlining procedures for obtaining and incorporating wage determinations for all potential performance locations, even if not initially identified.
Key Rules
- Wage Determinations for Unknown Locations
- If the place of performance is unknown, the contracting officer must request wage determinations for any identified or subsequently requested locations.
- Offeror Flexibility
- Offerors may submit proposals for locations without attached wage determinations, but a wage determination will be retroactively incorporated into the contract for those locations, with no contract price adjustment.
Responsibilities
- Contracting Officers: Must request and incorporate wage determinations for all relevant locations, including those requested in writing by a specified deadline.
- Contractors: Must comply with wage determinations for all places of performance, even if added after award, and cannot seek price adjustments due to retroactive incorporation.
- Agencies: Must ensure proper wage determinations are in place for all performance locations and maintain compliance with SCLS.
Practical Implications
- This clause ensures labor standards are upheld even when the performance location is not known at solicitation, protecting workers and maintaining compliance.
- Contractors must be prepared for wage determinations to be added after award and cannot claim additional costs for compliance.
- Common pitfalls include failing to request wage determinations for new locations or misunderstanding the lack of price adjustment for retroactive incorporation.