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

FAR 22.404-8 Notification of improper wage determination before award.

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 a written notice from the Department of Labor that a solicitation contains the wrong wage determination or rate schedule, or that a wage determination was withdrawn by the Administrative Review Board. Such notices take effect immediately if received before award. The section explains what the contracting officer must do in sealed bidding and negotiated acquisitions, which can delay bid opening or award.

Applies to: Contracting officers handling solicitations and awards subject to wage determinations

What it requires

  • In sealed bidding, if notified before bid opening, postpone the bid opening date if necessary to obtain the appropriate determination, amend the solicitation, and permit bidders to amend their bids
  • If the appropriate wage determination does not change any wage rates and would not warrant amended bids, amend the solicitation to include the number and date of the new determination
  • In sealed bidding, if notified after bid opening but before award, delay awarding the contract if necessary and obtain the appropriate wage determination if required
  • In negotiated acquisitions, delay award if necessary and process the notification in the manner prescribed for a new wage determination at 22.404-5(c)(3)

Key terms: wage determination · rate schedule · Administrative Review Board · sealed bidding · negotiated acquisitions

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

The text

(a) The following written notifications by the Department of Labor shall be effective immediately without regard to 22.404-6 if received by the contracting officer prior to award:

(1) A solicitation includes the wrong wage determination or the wrong rate schedule; or

(2) A wage determination is withdrawn by the Administrative Review Board.

(b) In sealed bidding, the contracting officer shall proceed in accordance with the following:

(1) If the notification of an improper wage determination for the primary site of the work reaches the contracting officer before bid opening, the contracting officer shall postpone the bid opening date, if necessary, to allow a reasonable time to (i) obtain the appropriate determination if a new wage determination is required, (ii) amend the solicitation to incorporate the determination (or rate schedule), and (iii) permit bidders to amend their bids. If the appropriate wage determination does not change any wage rates and would not warrant amended bids, the contracting officer shall amend the solicitation to include the number and date of the new determination.

(2) If the notification of an improper wage determination for the primary site of the work reaches the contracting officer after bid opening but before award, the contracting officer shall delay awarding the contract, if necessary, and if required, obtain the appropriate wage determination. The appropriate wage determination shall be processed in accordance with 22.404-5(b)(2)(i) or (ii).

(c) In negotiated acquisitions, the contracting officer shall delay award, if necessary, and process the notification of an improper wage determination for the primary site of the work in the manner prescribed for a new wage determination at 22.404-5(c)(3).

Sections it refers to

  • 22.404-6 Modifications of wage determinations.
  • 22.404-5 Expiration of project wage determinations.

← 22.404-7 Correction of wage determinations containing clerical errors. · 22.404-9 Award of contract without required 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 22.404-8 Notification of improper wage determination before award · SpendQuery