FAR 22.1008-1—Obtaining wage determinations.
Plain-English Summary
FAR 22.1008-1 explains how contracting officers obtain the correct prevailing wage determination for service contracts under the Service Contract Labor Standards. It covers the primary sources for wage determinations, including the Wage Determinations at SAM.gov website and the Department of Labor’s e98 electronic request process, and explains when each must be used. It also addresses the need to allow enough time to gather the information needed to secure a wage determination, the contracting agency’s continuing responsibility for selecting the correct determination, and the extent to which the agency may rely on a Department of Labor response obtained through e98. In addition, it identifies the specific information the contracting officer must determine before requesting or selecting a wage determination: the service employee occupational classes, the locality of performance, whether 41 U.S.C. 6707(c) applies, and the wage rates that would apply if the employees were federal wage-board or General Schedule employees. Finally, it directs contracting officers to seek help from the agency labor advisor when they have questions about the process or the selection of the proper wage determination. In practice, this section is about getting the right wage determination early, documenting the basis for the selection, and avoiding procurement delays or labor compliance errors that can affect pricing, solicitation issuance, and contract administration.
Key Rules
Use SAM.gov first
Contracting officers may obtain most prevailing wage determinations through the Wage Determinations at SAM.gov website. This is the normal starting point for identifying the applicable wage determination for a service contract action.
Use e98 when needed
If the Wage Determinations at SAM.gov database does not contain the applicable prevailing wage determination, the contracting officer must use the e98 process to request one from the Department of Labor. The e98 process is not optional in that situation.
Provide accurate e98 data
When using e98, contracting officers must provide complete and accurate information as far as possible and must ensure the email address on the request is correct. Inaccurate or incomplete data can lead to the wrong wage determination or delay the response.
Allow enough lead time
The contracting officer must plan for the time needed to gather the information required to obtain a wage determination, including time to contact the Department of Labor if the determination is not available through SAM.gov. Wage determination research should be built into acquisition planning.
Agency remains responsible
Even though SAM.gov helps identify the correct wage determination, the contracting agency is still responsible for selecting the proper one. If the agency uses e98, it may rely on the Department of Labor’s response as the correct wage determination for the contract.
Determine key contract facts
Before obtaining the wage determination, the contracting officer must identify the occupational classes of service employees, the locality of performance, whether 41 U.S.C. 6707(c) applies, and the wage rate that would apply if the employees were covered by 5 U.S.C. 5341 and/or 5332. These facts drive which wage determination applies.
Seek labor advisor help
If the contracting officer has questions about how to obtain a wage determination or which one to select, the officer should request assistance from the agency labor advisor. This is the prescribed source of technical guidance.
Responsibilities
Contracting Officer
Identify the applicable service employee classes, locality, special statutory applicability, and comparable federal wage rates; obtain the wage determination through SAM.gov or e98 as required; provide complete and accurate e98 information; allow sufficient time in the acquisition schedule; and seek labor advisor assistance when needed.
Contracting Agency
Remain responsible for selecting the correct wage determination even when SAM.gov provides assistance; ensure the procurement process accounts for the time needed to secure wage determinations; and rely on Department of Labor responses obtained through e98 when appropriate.
Department of Labor
Respond to e98 requests based on the information provided by the contracting officer and provide the wage determination requested through the formal process.
Agency Labor Advisor
Provide guidance to contracting officers on procedures for obtaining wage determinations and on selecting the correct wage determination when questions arise.
Contractor and Subcontractors
Although not responsible for obtaining the wage determination under this section, they are affected by the determination selected because it sets the wage obligations for service employees performing the contract.
Practical Implications
Wage determination research is a planning task, not a last-minute administrative step. If the contracting officer waits too long, the solicitation or award can be delayed while DOL is contacted through e98.
The biggest compliance risk is selecting the wrong wage determination because the locality, occupation classes, or statutory coverage were not identified correctly. That can lead to underpricing, solicitation amendments, or post-award labor issues.
Accuracy matters on e98 requests. A wrong email address or incomplete information can prevent or delay the DOL response and may result in the agency using an incorrect determination.
The agency cannot shift responsibility to SAM.gov. Even with the website’s assistance, the contracting activity must verify that the selected wage determination matches the contract action.
When the applicable determination is not in the database, e98 is mandatory. Contracting officers should know this trigger and have a process for escalating unusual cases to the labor advisor quickly.
Official Regulatory Text
(a) Contracting officers may obtain most prevailing wage determinations using the Wage Determinations at SAM.gov website. Contracting officers may also use the Department of Labor’s e98 electronic process, located on the Wage Determinations at SAM.gov website, to request a wage determination directly from the Department of Labor. If the Wage Determinations at SAM.gov database does not contain the applicable prevailing wage determination for a contract action, the contracting officer must use the e98 process to request a wage determination from the Department of Labor. (b) In using the e98 process to obtain prevailing wage determinations, contracting officers shall provide as complete and accurate information on the e98 as possible. Contracting officers shall ensure that the email address submitted on an e98 request is accurate. (c) The contracting officer must anticipate the amount of time required to gather the information necessary to obtain a wage determination, including sufficient time, if necessary, to contact the Department of Labor to request wage determinations that are not available through use of the Wage Determinations at SAM.gov . (d) Although the Wage Determinations at SAM.gov website provides assistance to the contracting agency to select the correct wage determination, the contracting agency remains responsible for the wage determination selected. If the contracting agency has used the e98 process, the Department of Labor will respond to the contracting agency based on the information provided on the e98. The contracting agency may rely upon the Department of Labor response as the correct wage determination for the contract. (e) To obtain the applicable wage determination for each contract action, the contracting officer shall determine the following information concerning the service employees expected to be employed by the contractor and any subcontractors in performing the contract: (1) Determine the classes of service employees to be utilized in performance of the contract using the Wage and Hour Division’s Service Contract Act Directory of Occupations (Directory). The Directory can be found on Wage Determinations at SAM.gov Library Page, and is for sale by the Superintendent of Documents, U.S. Government Publishing Office. (2) Determine the locality where the services will be performed (see 22.1009 ). (3) Determine whether 41 U.S.C. 6707(c) applies (see 22.1008-2 , 22.1010 and 22.1002-2 ). (4) Determine the wage rate that would be paid each class if employed by the agency and subject to the wage provisions of 5 U.S.C. 5341 and/or 5332 (see 22.1016 ). (f) If the contracting officer has questions regarding the procedures for obtaining a wage determination, or questions regarding the selection of a wage determination, the contracting officer should request assistance from the agency labor advisor.