Overview
FAR 22.1012 establishes the specific "cut-off" dates and conditions under which revised Department of Labor (DOL) wage determinations must be incorporated into federal solicitations and contracts. It distinguishes between prevailing wage determinations and those based on Collective Bargaining Agreements (CBAs), providing rules for both sealed bidding and negotiated procurements.
Key Rules
- Definition of "Receipt":
- For SAM.gov, receipt occurs on the first day the revision is published on the website.
- For the e98 process, receipt occurs on the date the agency receives the actual notice/response from the DOL.
- Sealed Bidding (The 10-Day Rule): A revision is not effective if received by the agency less than 10 days before bid opening, provided the Contracting Officer (CO) determines there is insufficient time to notify bidders via an amendment.
- Negotiated Actions and Modifications:
- Revisions received after award (or after a modification as specified in FAR 22.1007(b)) are not effective if contract performance begins within 30 days of the award/mod.
- If performance starts more than 30 days after award/mod, any revision received at least 10 days before the actual commencement of work is effective and must be incorporated.
- CBA Requirements: New or changed CBAs are subject to similar 10-day and 30-day rules as prevailing wages, but these limitations only apply if the timely notification requirements of FAR 22.1010 have been met.
- CO Monitoring Responsibility: COs must actively monitor SAM.gov for updates (typically via the "Alert Service") to ensure the most current determinations are used during the solicitation phase.
- e98 Delays: If an e98 response is not received within 10 days, the CO must contact the Wage and Hour Division. If the DOL cannot provide a CBA-based determination in time for the acquisition schedule, the CO must incorporate the CBA itself into the action.
Practical Implications
- Risk Management: Contracting Officers must perform a final check of SAM.gov immediately prior to bid opening or contract award to ensure no last-minute revisions have been published that would mandate a solicitation amendment.
- Performance Timing: Delays in the start of contract performance (beyond 30 days post-award) create a window of risk where the government may be forced to incorporate higher wage rates received shortly before work begins, potentially leading to requests for equitable adjustments.