[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: 48CFR22.404-8]

[Page 407-408]
 
            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.  22.404-8  Notification of improper wage determination before award.

    (a) Written notification by the Department of Labor received by the 
contracting officer prior to award that (1) a solicitation includes the 
wrong wage determination or the wrong rate schedule or (2) a wage 
determination is withdrawn by the Department of Labor as a result of a 
decision by the Wage Appeals Board, shall be effective immediately 
without regard to 22.404-6.
    (b) In sealed bidding, the contracting officer shall proceed in 
accordance with the following:
    (1) If the notification reaches the contracting officer before bid 
opening, the contracting officer shall postpone the bid opening date, if 
necessary, to allow a reasonable time to (i) obtain the appropriate 
determination if a new wage determination is required, (ii) amend the 
solicitation to incorporate the determination (or rate schedule), and 
(iii) permit bidders to amend their bids. If the appropriate wage 
determination does not change any 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 the notification reaches the contracting officer after bid 
opening but before award, the contracting officer shall delay awarding 
the contract, if necessary, and if required, obtain the appropriate wage 
determination. The appropriate wage determination shall

[[Page 408]]

be processed in accordance with 22.404-5(b)(2)(i) or (ii).
    (c) In negotiated acquisitions, the contracting officer shall delay 
award, if necessary, and process the notification in the manner 
prescribed for a new wage determination at 22.404-5(c)(3).