FAR 22.1009-4—All possible places of performance not identified.
Plain-English Summary
FAR 22.1009-4 addresses how a contracting officer handles Service Contract Labor Standards wage determinations when the exact place of performance is not known at the time of solicitation. It covers when the contracting officer may use special procedures, what information must be included in the synopsis and solicitation, how to notify offerors about unidentified additional places of performance, how the clause at 52.222-49 must be used, and how to handle timely and late requests for additional wage determinations. It also explains the timing for offeror responses, the effect of late requests, the requirement to amend the solicitation if new locations are identified, and what happens after award if the successful offeror did not timely request a wage determination for its actual place of performance. In practice, this section is designed to prevent wage determination gaps in service contracts where work may be performed in multiple or unknown locations, while still allowing competition to proceed. It balances fairness to offerors, compliance with labor standards, and administrative efficiency by giving a structured process for identifying locations, obtaining wage determinations, and incorporating them into the contract.
Key Rules
Use when locations are unknown
The contracting officer may use these procedures when there may be interested offerors performing in unidentified places or areas. This is a discretionary tool for solicitations where the place of performance cannot be fully determined up front.
Disclose known locations
The synopsis and solicitation must state that the place of performance is unknown and identify any possible places or areas already known to the contracting officer. This gives offerors enough information to assess whether they may need additional wage determinations.
Invite written requests
The solicitation must tell offerors that the contracting officer will obtain wage determinations for additional possible places of performance if requested in writing, and must set a deadline for those requests. The deadline should allow reasonable time for review, and 10 to 15 days from solicitation issuance is generally considered reasonable.
Use clause 52.222-49
The clause at 52.222-49, Service Contract Labor Standards–Place of Performance Unknown, must include the known possible places or areas of performance and the deadline for requesting additional wage determinations. This clause is the contractual mechanism that implements the solicitation procedure.
Late requests do not bar competition
Late receipt of an offeror’s request for wage determinations is handled under FAR 14.304, but a late request does not prevent the offeror from competing for the acquisition. The late-request rules affect the wage determination process, not the offeror’s eligibility to submit or be considered for award.
Timely requests require amendment
If the contracting officer receives any timely requests for additional wage determinations, the contracting officer must obtain the wage determinations and amend the solicitation to include them. If needed, the contracting officer must also extend the final offer due date to preserve fair competition.
Post-award incorporation without price adjustment
If the successful offeror did not timely request a wage determination for the actual place of performance, the contracting officer must still award the contract, obtain the wage determination, and incorporate it retroactively to the date of award with no contract price adjustment. This ensures labor standards coverage even when the offeror failed to act timely.
Responsibilities
Contracting Officer
Determine whether the unknown-place procedures are appropriate; identify any known possible places or areas of performance; include the required notice in the synopsis, solicitation, and clause 52.222-49; set a reasonable deadline for offeror requests; process late requests under FAR 14.304; obtain wage determinations for timely requested additional locations; amend the solicitation and extend the offer deadline if necessary; and after award, obtain and retroactively incorporate any needed wage determination when the successful offeror failed to request one timely.
Offerors
Review the solicitation promptly, determine whether additional places of performance may be relevant, and submit written requests for wage determinations by the stated deadline if they need coverage for additional locations. Offerors may still compete even if their request is late, but they risk post-award incorporation of a wage determination without a price adjustment if they fail to request timely.
Agency
Support the contracting officer in ensuring the solicitation and contract comply with Service Contract Labor Standards requirements and that wage determinations are obtained and incorporated as required. The agency must also preserve a fair competitive process by allowing adequate time for offeror review and by amending the solicitation when new wage determinations are added.
Practical Implications
This section is most important in service acquisitions where work may be performed at multiple sites, mobile locations, or places not fully known at solicitation time. It prevents the government from missing required wage determinations simply because the exact performance location was not fixed in advance.
The biggest practical risk is failing to give offerors a clear deadline and enough time to identify additional locations. If the deadline is too short or the notice is incomplete, the solicitation may be vulnerable to protest or compliance issues.
Contracting officers should track all written requests carefully and distinguish between timely and late requests. Timely requests trigger solicitation amendment; late requests do not stop competition but may complicate award administration.
Offerors should not assume the government will automatically cover every possible location. If a contractor expects to perform in a different area, it should request the wage determination in writing by the deadline to avoid retroactive incorporation with no price adjustment.
After award, the clause can force retroactive incorporation of a wage determination even when the contractor failed to request it on time. That means contractors should treat the solicitation deadline as a hard administrative cutoff, because missing it can create labor-cost exposure without relief in contract price.
Official Regulatory Text
If the contracting officer believes that there may be offerors interested in performing in unidentified places or areas, the contracting officer may use the following procedures: (a) Include the following information in the synopsis and solicitation: (1) That the place of performance is unknown. (2) The possible places or areas of performance that the contracting officer has already identified. (3) That the contracting officer will obtain wage determinations for additional possible places of performance if asked to do so in writing. (4) The time and date by which offerors must notify the contracting officer of additional places of performance. (b) Include the information required by paragraphs (a)(2) and (a)(4) of this section in the clause at 52.222-49 , Service Contract Labor Standards–Place of Performance Unknown (see 22.1006 (f)). The closing date for receipt of offerors’ requests for wage determinations for additional possible places of performance should allow reasonable time for potential offerors to review the solicitation and determine their interest in competing. Generally, 10 to 15 days from the date of issuance of the solicitation may be considered a reasonable period of time. (c) The procedures in 14.304 shall apply to late receipt of offerors’ requests for wage determinations for additional places of performance. However, late receipt of an offeror’s request for a wage determination for additional places of performance does not preclude the offeror’s competing for the proposed acquisition. (d) If the contracting officer receives any timely requests for wage determinations for additional places of performance the contracting officer shall- (1) Obtain wage determinations for the additional places of performance; and (2) Amend the solicitation to include all wage determinations and, if necessary, extend the time for submission of final offers. (e) If the successful offeror did not make a timely request for a wage determination and will perform in a place of performance for which the contracting officer therefore did not request a wage determination, the contracting officer shall- (1) Award the contract; (2) Obtain a wage determination; and (3) Incorporate the wage determination in the contract, retroactive to the date of contract award and with no adjustment in contract price, pursuant to the clause at 52.222-49 , Service Contract Labor Standards–Place of Performance Unknown.