FAR 22.1012—Applicability of revisions to wage determinations.

Prevailing wage determinations.

FAR 22.1012-1 explains how contracting officers determine whether a revised prevailing wage determination must be included in a solicitation, contract, or contract modification, and it ties that decision to when the contracting agency—not just the contracting officer—receives the revision. The section covers revisions issued by the Wage and Hour Administrator, the special timing rules for wage determinations obtained through Wage Determinations at SAM.gov, the separate timing rule for the e98 process, the duty to monitor for revisions, and the different effectiveness rules for sealed bidding versus other contracting actions. It also addresses what happens when a revised determination arrives too late for sealed bids, when it arrives after award for other actions, and when performance starts within or beyond 30 days of award or the modification. Finally, it requires the contracting officer to follow up with the Wage and Hour Division by telephone if an e98 request has gone unanswered for 10 days. In practice, this section is about avoiding wage underpayments and contract noncompliance by making sure the correct wage determination is incorporated at the right time, based on the applicable procurement method and performance start date.

Wage determinations based on collective bargaining agreements.

FAR 22.1012-2 explains when a new or changed collective bargaining agreement (CBA) becomes effective for purposes of the Service Contract Labor Standards wage determination process, and when it does not. It addresses two different acquisition methods: sealed bidding and other contractual actions such as negotiated procurements, successor contracts, and certain modifications. The section ties directly to the timing rules in 41 U.S.C. 6707(c), the notice requirement in FAR 22.1010, and the successor-contract timing rules in FAR 22.1007(b). It also covers what the contracting officer must do when a wage determination based on a CBA is requested from the Department of Labor through an e98 submission but DOL does not respond in time. In practice, this section is about protecting the procurement schedule while also determining whether a later CBA wage increase must be flowed into the solicitation or contract. It is especially important in service contracts where incumbent employees are covered by a CBA and the successor contractor may be bound by the agreement’s wage and fringe benefit terms.