52.222-49 Service Contract Labor Standards-Place of Performance Unknown
Source: FAR 52.222-49 on acquisition.gov
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.
As prescribed in 22.1006(f), insert the following clause:
Service Contract Labor Standards-Place of Performance Unknown (May 2014)
(a) This contract is subject to the Service Contract Labor Standards statute, and the place of performance was unknown when the solicitation was issued. In addition to places or areas identified in wage determinations, if any, attached to the solicitation, wage determinations have also been requested for the following: ________ [insert places or areas]. The Contracting Officer will request wage determinations for additional places or areas of performance if asked to do so in writing by _____________ [insert time and date].
(b) Offerors who intend to perform in a place or area of performance for which a wage determination has not been attached or requested may nevertheless submit bids or proposals. However, a wage determination shall be requested and incorporated in the resultant contract retroactive to the date of contract award, and there shall be no adjustment in the contract price.
(End of clause)