[Code of Federal Regulations]
[Title 48, Volume 1]
[Revised as of October 1, 2003]
From the U.S. Government Printing Office via GPO Access
[CITE: 48CFR22.404-5]

[Page 405]
 
            TITLE 48--FEDERAL ACQUISITION REGULATIONS SYSTEM
 
                CHAPTER 1--FEDERAL ACQUISITION REGULATION
 
PART 22_APPLICATION OF LABOR LAWS TO GOVERNMENT ACQUISITIONS--Table of Contents
 
    Subpart 22.4_Labor Standards for Contracts Involving Construction
 
Sec.  22.404-5  Expiration of project wage determinations.

    (a) The contracting officer shall make every effort to ensure that 
contract award is made before expiration of the project wage 
determination included in the solicitation.
    (b) The following procedure applies when contracting by sealed 
bidding:
    (1) If a project wage determination expires before bid opening, or 
if it appears before bid opening that a project wage determination may 
expire before award, the contracting officer shall request a new 
determination early enough to ensure its receipt before bid opening. If 
necessary, the contracting officer shall postpone the bid opening date 
to allow a reasonable time to obtain the determination, amend the 
solicitation to incorporate the new determination, and permit bidders to 
amend their bids. If the new determination does not change the wage 
rates and would not warrant amended bids, the contracting officer shall 
amend the solicitation to include the number and date of the new 
determination.
    (2) If a project wage determination expires after bid opening but 
before award, the contracting officer shall request an extension of the 
project wage determination expiration date from the Administrator, Wage 
and Hour Division. The request for extension shall be supported by a 
written finding, which shall include a brief statement of factual 
support, that the extension is necessary and proper in the public 
interest to prevent injustice or undue hardship or to avoid serious 
impairment of the conduct of Government business. If necessary, the 
contracting officer shall delay award to permit either receipt of the 
extension or receipt and processing of a new determination. If the 
request is granted, the contracting officer shall award the contract and 
modify it to apply the extended expiration date to the already 
incorporated project wage determination. (See 43.103(b)(1).) If the 
request is denied, the Administrator will proceed to issue a new project 
wage determination. Upon receipt, the contracting officer shall process 
the new determination as follows:
    (i) If the new determination changes any wage rates for 
classifications to be used in the contract, the contracting officer may 
cancel the solicitation only in accordance with 14.404-1. Otherwise the 
contracting officer shall award the contract and incorporate the new 
determination to be effective on the date of contract award. The 
contracting officer shall equitably adjust the contract price for any 
increased or decreased cost of performance resulting from any changed 
wage rates.
    (ii) If the new determination does not change any wage rates, the 
contracting officer shall award the contract and modify it to include 
the number and date of the new determination. (See 43.103(b)(1).)
    (c) The following procedure applies when contracting by negotiation:
    (1) If a project wage determination will or does expire before 
contract award, the contracting officer shall request a new wage 
determination from the Department of Labor. If necessary, the 
contracting officer shall delay award while the new determination is 
obtained and processed.
    (2) The contracting officer need not delay opening and reviewing 
proposals or discussing them with the offerors while a new determination 
is being obtained. The contracting officer shall request offerors to 
extend the period for acceptance of any proposal if that period expires 
or may expire before receipt and full processing of the new 
determination.
    (3) If the new determination changes any wage rates, the contracting 
officer shall amend the solicitation to incorporate the new 
determination, and furnish the wage rate information to all prospective 
offerors that were sent a solicitation if the closing date for receipt 
of proposals has not yet occurred, or to all offerors that submitted 
proposals if the closing date has passed. All offerors to whom wage rate 
information has been furnished shall be given reasonable opportunity to 
amend their proposals.
    (4) If the new determination does not change any wage rates, the 
contracting officer shall amend the solicitation to include the number 
and date of the new determination and award the contract.

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