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

FAR 22.1012-2 Wage determinations based on collective bargaining agreements.

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 explains when a new or changed collective bargaining agreement (CBA) becomes effective for wage determinations under the Service Contract Act. For sealed bidding, a CBA received less than 10 days before bid opening is not effective if the contracting officer determines there is not reasonable time to incorporate it. For other actions, a CBA received after award is generally not effective if performance starts within 30 days of award, but if performance starts later, a CBA received at least 10 days before work begins is effective. These limits apply only if timely notification under 22.1010 was given.

Applies to: Contracting officers and contractors involved in service contracts subject to the Service Contract Act, particularly regarding wage determinations based on collective bargaining agreements.

What it requires

  • Contracting officer must contact the Wage and Hour Division by telephone if no response to an e98 request is received within 10 days.
  • Contracting officer must incorporate the collective bargaining agreement itself and a wage determination referencing it if the Department of Labor cannot provide the wage determination by the latest date needed.

Key terms: collective bargaining agreement · sealed bidding · contracting officer · wage determination · e98

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

The text

(a) In sealed bidding, a new or changed collective bargaining agreement shall not be effective under 41 U.S.C. 6707(c) if the contracting agency has received notice of the terms of the new or changed collective bargaining agreement less than 10 days before bid opening and the contracting officer determines that there is not reasonable time to incorporate the new or changed terms of the collective bargaining agreement in the solicitation.

(b) For contractual actions other than sealed bidding, a new or changed collective bargaining agreement shall not be effective under 41 U.S.C. 6707(c) if notice of the terms of the new or changed collective bargaining agreement is received by the contracting agency after award of a successor contract or a modification as specified in 22.1007(b), provided that the contract start of performance is within 30 days of the award of the contract or of the specified modification. If the contract does not specify a start of performance date which is within 30 days of the award of the contract or of the specified modification, or if contract performance does not commence within 30 days of the award of the contract or of the specified modification, any notice of the terms of a new or changed collective bargaining agreement received by the agency not less than 10 days before commencement of the work shall be effective for purposes of the successor contract under 41 U.S.C. 6707(c).

(c) The limitations in paragraphs (a) and (b) of this subsection shall apply only if timely notification required in 22.1010 has been given.

(d) If the contracting officer has submitted an e98 to Department of Labor requesting a wage determination based on a collective bargaining agreement and has not received a response from the Department of Labor within 10 days, the contracting officer shall contact the Wage and Hour Division by telephone to determine when the wage determination can be expected. (The telephone number is provided on the e98 website.) If the Department of Labor is unable to provide the wage determination by the latest date needed to maintain the acquisition schedule, the contracting officer shall incorporate the collective bargaining agreement itself in a solicitation or other contract action (e.g., exercise of option) and include a wage determination referencing that collective bargaining agreement created by use of the Wage Determinations at SAM.gov website (see 22.1008-2(d)(2)).

Sections it refers to

  • 22.1007 Requirement to obtain wage determinations.
  • 22.1010 Notification to interested parties under collective bargaining agreements.
  • 22.1008-2 Successorship with incumbent contractor collective bargaining agreement.

Sections that refer to it

  • 22.1002-3 Wage determinations based on collective bargaining agreements.
  • 22.1008-1 Obtaining wage determinations.
  • 22.1008-2 Successorship with incumbent contractor collective bargaining agreement.
  • 22.1010 Notification to interested parties under collective bargaining agreements.

← 22.1012-1 Prevailing wage determinations. · 22.1013 Review of wage determination. →

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 22.1012-2 Wage determinations based on collective bargaining agreements · SpendQuery