FAR 22.1009—Place of performance unknown.

General.

FAR 22.1009-1 is the gateway provision for handling Service Contract Labor Standards wage determinations when the place of performance is not yet known. It explains when the contracting officer may use the special procedures in this subpart, and it directs the officer to first try to identify the specific places or geographic areas where the services may be performed before moving to the wage-determination procedures in 22.1009-3 or 22.1009-4. In practice, this section matters because wage determinations under the Service Contract Labor Standards depend on where the work will actually be performed, and an unknown location can otherwise delay solicitation planning or create compliance risk. The section is intentionally brief, but it establishes the sequence the contracting officer must follow: identify likely performance locations if possible, then use the appropriate alternate procedure if the exact place remains unknown. For contractors, this affects pricing, labor planning, and the risk that the applicable wage determination may later change once the place of performance is clarified. For agencies, it helps ensure the solicitation is structured in a way that still supports labor standards compliance even when the work location is not fixed at the outset.

Attempt to identify possible places of performance.

FAR 22.1009-2 tells the contracting officer to make a reasonable effort to identify the specific places or geographic areas where the services may be performed. Its purpose is to help the Government determine likely performance locations early in the acquisition process so it can better assess labor standards issues, market availability, and solicitation planning. The section gives three examples of information sources that may reveal those locations: the locations of previous contractors and their competitors, Internet-based databases listing prospective offerors and contractors, and responses to a presolicitation notice under FAR 5.204. In practice, this is a market-research and planning step, not a rigid procedural hurdle, but it is important because service performance location can affect wage determinations, competition strategy, and solicitation terms. The section is about identifying likely performance geography, not definitively proving every place work will occur.

All possible places of performance identified.

FAR 22.1009-3 addresses how a contracting officer must handle wage determinations when the government can identify all possible places or areas where contract services may be performed, even though the exact place of performance will not be known until award. The section requires the contracting officer to obtain a wage determination for each locality where performance may occur, so the solicitation reflects every potential wage rate that could apply under the Service Contract Labor Standards. It also covers what to do if, before the closing date for offers, the contracting officer learns that offerors may perform in additional, previously unidentified locations: the solicitation must be amended to add the missing wage determinations, and the offer period may need to be extended. Finally, the section directs the contracting officer to follow the procedures in FAR 22.1009-4 when additional localities are discovered, ensuring the solicitation remains complete and fair. In practice, this rule is meant to prevent wage understatements, protect service employees, and avoid solicitation defects that could lead to protests, delays, or post-award wage adjustments.

All possible places of performance not identified.

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.