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

FAR 22.404-9 Award of contract without required wage determination.

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 what to do when a contract is awarded without the required wage determination, such as when no determination was included or the one included did not apply. The officer must act immediately to fix the error by incorporating the correct determination or, if none is available, requesting one from the Department of Labor. The contract may then be modified retroactively with a price adjustment, or terminated.

Applies to: Contracting officers handling contracts subject to wage determinations

What it requires

  • Initiate action to incorporate the required wage determination immediately upon discovering the error
  • If no valid wage determination is available, expeditiously request one from the Department of Labor with an explanation and the award date
  • Modify the contract to incorporate the required wage determination retroactive to the award date and equitably adjust the price if appropriate, or terminate the contract

Key terms: wage determination · contracting officer · general wage determination · project determination · equitably adjust

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

The text

(a) If a contract is awarded without the required wage determination (i.e., incorporating no determination, containing a clearly inapplicable general wage determination, or containing a project determination which is inapplicable because of an inaccurate description of the project or its location), the contracting officer shall initiate action to incorporate the required determination in the contract immediately upon discovery of the error. If a required wage determination (valid determination in effect on the date of award) is not available, the contracting officer shall expeditiously request a wage determination from the Department of Labor, including a statement explaining the crcumstances and giving the date of the contract award.

(b) The contracting officer shall—

(1) Modify the contract to incorporate the required wage determination (retroactive to the date of award), and equitably adjust the contract price if appropriate; or

(2) Terminate the contract.

← 22.404-8 Notification of improper wage determination before award. · 22.404-10 Posting wage determinations and notice. →

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 22.404-9 Award of contract without required wage determination · SpendQuery