FAR and DFARS › FAR Part 22: Application of Labor Laws to Government Acquisitions › Subpart 22.4
FAR 22.404-2 General requirements.
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 pick and include the right wage determinations in solicitations and contracts, and how to label which work each determination or rate schedule covers. It matters to contractors because the wage rates that apply to their work depend on these choices, and inclusion by reference is not allowed. It also gives general guidelines for classifying construction as building, residential, highway, or heavy.
Applies to: Contracting officers incorporating wage determinations into solicitations and contracts
What it requires
- Incorporate only the appropriate wage determinations and designate the work each determination or part applies to
- Do not include project wage determinations in contracts or options other than those for which they are issued
- When exercising an option to extend a contract term, select the most current wage determination(s) from the same schedule(s) as those in the contract
- If a wage determination has more than one rate schedule, either include only the applicable rate schedules or include the entire determination and clearly indicate the parts of work for each rate schedule
Key terms: wage determination · project wage determination · general wage determination · rate schedule · building construction
Written by AI from this section's text. A guide, not legal advice: the text below rules.
The text
(a) The contracting officer must incorporate only the appropriate wage determinations in solicitations and contracts and must designate the work to which each determination or part thereof applies. The contracting officer must not include project wage determinations in contracts or options other than those for which they are issued. When exercising an option to extend the term of a contract, the contracting officer must select the most current wage determination(s) from the same schedule(s) as the wage determination(s) incorporated into the contract.
(b) If the wage determination is a general wage determination or a project wage determination containing more than one rate schedule, the contracting officer shall either include only the rate schedules that apply to the particular types of construction (building, heavy, highway, etc.) or include the entire wage determination and clearly indicate the parts of the work to which each rate schedule shall be applied. Inclusion by reference is not permitted.
(c) The Wage and Hour Division has issued the following general guidelines for use in selecting the proper schedule(s) of wage rates:
(1) Building construction is generally the construction of sheltered enclosures with walk-in access, for housing persons, machinery, equipment, or supplies. It typically includes all construction of such structures, installation of utilities and equipment (both above and below grade level), as well as incidental grading, utilities and paving, unless there is an established area practice to the contrary.
(2) Residential construction is generally the construction, alteration, or repair of single family houses or apartment buildings of no more than four (4) stories in height, and typically includes incidental items such as site work, parking areas, utilities, streets and sidewalks, unless there is an established area practice to the contrary.
(3) Highway construction is generally the construction, alteration, or repair of roads, streets, highways, runways, taxiways, alleys, parking areas, and other similar projects that are not incidental to building, residential, or heavy construction.
(4) Heavy construction includes those projects that are not properly classified as either building, residential, or highway, and is of a catch-all nature. Such heavy projects may sometimes be distinguished on the basis of their individual characteristics, and separate schedules issued (e.g., dredging, water and sewer line, dams, flood control, etc.).
(5) When the nature of a project is not clear, it is necessary to look at additional factors, with primary consideration given to locally established area practices. If there is any doubt as to the proper application of wage rate schedules to the type or types of construction involved, guidance shall be sought before the opening of bids, or receipt of best and final offers, from the Administrator, Wage and Hour Division. Further examples are contained in Department of Labor All Agency Memoranda Numbers 130 and 131.
← 22.404-1 Types of wage determinations. · 22.404-3 Procedures for requesting wage determinations. →
Rule changes for FAR Part 22
- Federal Acquisition Regulation: Trade Agreements Thresholds ↗ · final rule 2026-03-13 · effective 2026-03-13
- Federal Acquisition Regulation: Inflation Adjustment of Acquisition-Related Thresholds ↗ · final rule 2025-08-27 · effective 2025-10-01
- Office of Federal Procurement Policy; Federal Acquisition Regulation: Pay Equity and Transparency in Federal Contracting ↗ · proposed 2025-01-08
- Federal Acquisition Regulation: Improving Consistency Between Procurement and Nonprocurement Procedures on Suspension and Debarment ↗ · final rule 2025-01-03 · effective 2025-01-17
- Federal Acquisition Regulation: Training To Prevent Human Trafficking for Certain Air Carriers; Correction ↗ · final rule 2024-12-30 · effective 2025-01-03
- Federal Acquisition Regulation: Training To Prevent Human Trafficking for Certain Air Carriers ↗ · final rule 2024-12-16 · effective 2025-01-03
- Federal Acquisition Regulation: Inflation Adjustment of Acquisition-Related Thresholds ↗ · proposed 2024-11-29 · comments due 2025-01-28
- Federal Acquisition Regulation: Combating Trafficking in Persons-Definition and Agency Responsibilities ↗ · proposed 2024-07-18 · comments due 2024-09-16
Source: eCFR, 48 CFR chapters 1 and 2 (GPO GovInfo bulk data) ↗. Plain words for the terms: glossary.