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FAR and DFARS › FAR Part 22: Application of Labor Laws to Government Acquisitions › Subpart 22.4

FAR 22.404-4 Solicitations issued without wage determinations for the primary site of the work.

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 covers what happens when a solicitation is issued before the wage determination for the primary work site is obtained. It requires a notice in the solicitation that the minimum wage schedule will come later as an amendment, and it sets timing rules for sealed bidding and negotiated acquisitions. It matters because contractors need to know when and how wage rates will be provided before they commit to pricing or proposals.

Applies to: Solicitations issued without a wage determination for the primary site of the work

What it requires

  • Include a notice in the solicitation that the schedule of minimum wage rates will be issued as an amendment
  • In sealed bidding, do not open bids until a reasonable time after the wage determination is furnished to all bidders
  • In negotiated acquisitions, incorporate the wage determination into the solicitation before submission of best and final offers

Key terms: wage determination · primary site of the work · solicitation · sealed bidding · negotiated acquisitions

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

The text

(a) If a solicitation is issued before the wage determination for the primary site of the work is obtained, a notice shall be included in the solicitation that the schedule of minimum wage rates to be paid under the contract will be issued as an amendment to the solicitation.

(b) In sealed bidding, bids may not be opened until a reasonable time after the wage determination for the primary site of the work has been furnished to all bidders.

(c) In negotiated acquisitions, the contracting officer may open proposals and conduct negotiations before obtaining the wage determination for the primary site of the work. However, the contracting officer shall incorporate the wage determination for the primary site of the work into the solicitation before submission of best and final offers.

← 22.404-3 Procedures for requesting wage determinations. · 22.404-5 Expiration of project wage determinations. →

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 22.404-4 Solicitations issued without wage determinations for the primary site of the work · SpendQuery