[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: 48CFR22.404-8]



[Page 423]

 

            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) The following written notifications by the Department of Labor 

shall be effective immediately without regard to 22.404-6 if received by 

the contracting officer prior to award:

    (1) A solicitation includes the wrong wage determination or the 

wrong rate schedule; or

    (2) A wage determination is withdrawn by the Administrative Review 

Board.

    (b) In sealed bidding, the contracting officer shall proceed in 

accordance with the following:

    (1) If the notification of an improper wage determination for the 

primary site of the work 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 of an improper wage determination for the 

primary site of the work 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 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 of an improper wage 

determination for the primary site of the work in the manner prescribed 

for a new wage determination at 22.404-5(c)(3).



[53 FR 4935, Feb. 18, 1988, as amended at 70 FR 33667, June 8, 2005]