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FAR and DFARS › FAR Part 22: Application of Labor Laws to Government Acquisitions › Subpart 22.10

FAR 22.1009-4 All possible places of performance not identified.

The codified text (eCFR, as of 2026-10-02). Under the Revolutionary FAR Overhaul ↗, agencies follow class deviations with new text for many parts while the formal rules go through the Federal Register: check the solicitation and your contract's clauses, which rule.

In plain English

This section tells contracting officers how to handle solicitations when the place of performance is unknown and offerors might want to work in other locations. It explains how the solicitation must describe the unknown place of performance and how offerors can ask for wage determinations for additional locations. It matters because it affects how contractors request wage determinations and how those determinations get into the contract.

Applies to: Contracting officers and offerors on service contracts where the place of performance is unknown.

What it requires

  • The contracting officer must include in the synopsis and solicitation that the place of performance is unknown, the possible places already identified, that additional wage determinations will be obtained if asked in writing, and the deadline for offerors to notify the contracting officer of additio
  • The contracting officer must include the identified possible places and the notification deadline in the clause at 52.222-49.
  • If the contracting officer receives timely requests for additional wage determinations, the contracting officer must obtain them and amend the solicitation to include all wage determinations, extending the time for final offers if necessary.
  • If the successful offeror did not make a timely request and will perform in a place without a wage determination, the contracting officer must award the contract, obtain a wage determination, and incorporate it retroactive to award with no price adjustment.

Key terms: place of performance · wage determination · synopsis · solicitation · 52.222-49

Written by AI from this section's text. A guide, not legal advice: the text below rules.

The text

If the contracting officer believes that there may be offerors interested in performing in unidentified places or areas, the contracting officer may use the following procedures:

(a) Include the following information in the synopsis and solicitation:

(1) That the place of performance is unknown.

(2) The possible places or areas of performance that the contracting officer has already identified.

(3) That the contracting officer will obtain wage determinations for additional possible places of performance if asked to do so in writing.

(4) The time and date by which offerors must notify the contracting officer of additional places of performance.

(b) Include the information required by paragraphs (a)(2) and (a)(4) of this section in the clause at 52.222-49, Service Contract Labor Standards-Place of Performance Unknown (see 22.1006(f)). The closing date for receipt of offerors' requests for wage determinations for additional possible places of performance should allow reasonable time for potential offerors to review the solicitation and determine their interest in competing. Generally, 10 to 15 days from the date of issuance of the solicitation may be considered a reasonable period of time.

(c) The procedures in 14.304 shall apply to late receipt of offerors' requests for wage determinations for additional places of performance. However, late receipt of an offeror's request for a wage determination for additional places of performance does not preclude the offeror's competing for the proposed acquisition.

(d) If the contracting officer receives any timely requests for wage determinations for additional places of performance the contracting officer shall—

(1) Obtain wage determinations for the additional places of performance; and

(2) Amend the solicitation to include all wage determinations and, if necessary, extend the time for submission of final offers.

(e) If the successful offeror did not make a timely request for a wage determination and will perform in a place of performance for which the contracting officer therefore did not request a wage determination, the contracting officer shall—

(1) Award the contract;

(2) Obtain a wage determination; and

(3) Incorporate the wage determination in the contract, retroactive to the date of contract award and with no adjustment in contract price, pursuant to the clause at 52.222-49, Service Contract Labor Standards-Place of Performance Unknown.

Sections it refers to

  • 52.222-49 Service Contract Labor Standards—Place of Performance Unknown.
  • 22.1006 Solicitation provisions and contract clauses.
  • 14.304 Submission, modification, and withdrawal of bids.

Sections that refer to it

  • 22.1006 Solicitation provisions and contract clauses.
  • 22.1009-1 General.
  • 22.1009-3 All possible places of performance identified.

← 22.1009-3 All possible places of performance identified. · 22.1010 Notification to interested parties under collective bargaining agreements. →

Rule changes for FAR Part 22

Source: eCFR, 48 CFR chapters 1 and 2 (GPO GovInfo bulk data) ↗. Plain words for the terms: glossary.

FAR 22.1009-4 All possible places of performance not identified · SpendQuery