FAR 22.1014—Delay over 60 days in bid opening or commencement of work.
Plain-English Summary
FAR 22.1014 addresses what happens when a wage determination was obtained through the e98 process but the procurement does not move forward on time. It covers two delay scenarios: delayed bid opening in sealed bidding and delayed commencement of work under a negotiated contract. If either event is delayed for more than 60 days from the date shown on the previously submitted e98, the contracting officer must submit a new e98, regardless of the reason for the delay. The section also explains that any revised wage determination returned to the contracting agency through that new communication becomes the applicable wage determination for the acquisition, replacing the earlier one. In practice, this rule ensures the government uses the correct prevailing wage information when a solicitation or award slips beyond the original timing assumptions, and it ties directly to the timing rules in FAR 22.1012-1(b) and (c).
Key Rules
60-day delay triggers new e98
If bid opening or commencement of work is delayed more than 60 days from the date on the previously submitted e98, the contracting officer must submit a new e98. The rule applies for any reason for the delay, not just delays caused by wage-determination issues.
Applies to sealed bid and negotiated actions
The section covers delayed bid opening in sealed bidding and delayed commencement of work under negotiated contracts. The trigger is the passage of time beyond 60 days, not the procurement method alone.
New wage determination may supersede old one
Any revised wage determination received in response to the new e98 replaces the earlier wage determination for the acquisition. The updated determination becomes the applicable one for the procurement.
Timing governed by related FAR provisions
The applicable wage determination must still be evaluated under the time frames in FAR 22.1012-1(b) and (c). This section works together with those timing rules to determine which wage determination controls.
Responsibilities
Contracting Officer
Monitor the elapsed time between the date on the previously submitted e98 and the delayed bid opening or commencement of work. If the delay exceeds 60 days, submit a new e98 and apply any revised wage determination received in response.
Contracting Agency
Process the new e98 communication and use any revised wage determination returned through that process as the wage determination applicable to the acquisition, subject to the timing rules in FAR 22.1012-1(b) and (c).
Offerors/Contractors
Track solicitation or award timing and be aware that a delayed procurement may result in an updated wage determination affecting pricing, labor costs, and compliance obligations.
Practical Implications
A procurement that stalls for more than 60 days can no longer rely on the earlier e98-based wage determination without rechecking it. This can change labor pricing and may require solicitation amendments or internal pricing updates.
The rule is automatic and does not depend on why the delay happened. Even administrative, protest-related, or scheduling delays can trigger the need for a new e98.
Contracting officers should calendar the 60-day point and verify whether the bid opening or work start date has slipped past it before proceeding.
Contractors should watch for revised wage determinations late in the process, because they can affect bid strategy, proposal revisions, and post-award labor compliance.
A common pitfall is assuming the original wage determination remains valid simply because the solicitation or award was already in motion. Under this section, time alone can require a fresh determination.
Official Regulatory Text
If a wage determination was obtained through the e98 process, and bid opening, or commencement of work under a negotiated contract has been delayed, for whatever reason, more than 60 days from the date indicated on the previously submitted e98, the contracting officer shall submit a new e98. Any revision of a wage determination received by the contracting agency as a result of that communication shall supersede the earlier response as the wage determination applicable to the particular acquisition subject to the time frames in 22.1012-1 (b) and (c).