[Code of Federal Regulations]

[Title 48, Volume 1]

[Revised as of October 1, 2005]

From the U.S. Government Printing Office via GPO Access

[CITE: 48CFR22.404-5]



[Page 420-421]

 

            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 for the primary site of the work 

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 for the primary site of the work 

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 for the primary site of the work 

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 for the primary site of the work does 

not change any wage rates, the contracting officer shall award the 

contract and



[[Page 421]]



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 

for the primary site of the work 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 for the primary site of the work 

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 for the primary site of the work 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.



[53 FR 4935, Feb. 18, 1988, as amended at 70 FR 33666, June 8, 2005]