FAR 22.404-1—Types of wage determinations.
Plain-English Summary
FAR 22.404-1 explains the two basic types of Construction Wage Rate Requirements wage determinations: general wage determinations and project wage determinations. It tells contracting officers when each type is used, how each is issued, where they are published, when they become effective, and how long they remain valid. The section also addresses the special status of archived wage determinations and the need for Department of Labor approval before using one in a contract action. In practice, this rule is central to getting the right prevailing wage rates into construction contracts at the right time, which affects solicitation preparation, award timing, contract administration, and option exercises. It matters because using the wrong wage determination, or using one after it has expired or been superseded, can create compliance problems, delay award, or require contract modifications. The section also reinforces that once a wage determination is incorporated into a contract, it generally stays in effect for the life of the contract unless an option extends the term, in which case special rules apply.
Key Rules
General determinations are preferred
General wage determinations contain prevailing wage rates for designated construction types in a specified geographic area and should be used whenever possible. They are issued by the Department of Labor either on request or on its own initiative.
No expiration date
A general wage determination does not expire on a fixed date. It remains valid until the Department of Labor modifies, supersedes, or cancels it.
Publication and effectiveness
General wage determinations are published on Wage Determinations at SAM.gov and become effective on the publication date or when received by the contracting agency, whichever happens first. For this purpose, publication occurs on the first date the determination appears on the website.
Archived determinations are restricted
Archived Construction Wage Rate Requirements wage determinations are for information only. A contracting officer may not use an archived determination in a contract action without prior Department of Labor approval.
Project determinations are limited-use
A project wage determination is issued only at a contracting agency’s specific request and is used only when no general wage determination applies.
Project determinations expire in 180 days
A project wage determination is effective for 180 calendar days from the date of the determination. If it expires before award, an extension may be available under FAR 22.404-5(b)(2).
Incorporation fixes the wage determination
Once incorporated into a contract, either type of wage determination normally remains effective for the life of the contract, unless the contracting officer exercises an option to extend the contract term, which triggers the rules in FAR 22.404-12.
Responsibilities
Department of Labor
Issue general wage determinations at its discretion, publish them on Wage Determinations at SAM.gov, and approve use of archived wage determinations when a contracting officer seeks to use one in a contract action.
Contracting Officer
Use general wage determinations whenever possible, obtain and incorporate the correct wage determination before award, avoid using archived determinations without prior DOL approval, request a project wage determination only when no general determination applies, monitor the 180-day validity period for project determinations, and apply the option-extension rules when extending a contract term.
Contracting Agency
Request project wage determinations when needed and coordinate with the Department of Labor or agency labor advisor as appropriate to obtain approval or guidance for archived determinations or other wage-determination issues.
Contractor
Comply with the wage determination incorporated into the contract and understand that the applicable rates generally remain in effect for the life of the contract unless the contract term is extended by option.
Practical Implications
Contracting officers should verify whether a general wage determination applies before requesting a project determination, because project determinations are the exception, not the rule.
Timing matters: a general wage determination can become effective upon publication or receipt, and a project wage determination can expire after 180 days, so award planning must account for both dates.
Archived wage determinations are not a shortcut; using one without prior Department of Labor approval can invalidate the wage-determination basis for the action.
Once the wage determination is in the contract, it usually stays fixed for the life of the contract, so the main risk shifts to option exercises and whether the extension rules require a new or updated determination.
Contract files should clearly document which wage determination was used, when it became effective, and whether any DOL approval or extension was obtained, because these are common audit and compliance points.
Official Regulatory Text
(a) General wage determinations. (1) A general wage determination contains prevailing wage rates for the types of construction designated in the determination, and is used in contracts performed within a specified geographical area. General wage determinations contain no expiration date and remain valid until modified, superseded, or canceled by the Department of Labor. Once incorporated in a contract, a general wage determination normally remains effective for the life of the contract, unless the contracting officer exercises an option to extend the term of the contract (see 22.404-12 ). These determinations shall be used whenever possible. They are issued at the discretion of the Department of Labor either upon receipt of an agency request or on the Department of Labor’s own initiative. (2) General wage determinations are published on the Wage Determinations at SAM.gov website. General wage determinations are effective on the publication date of the wage determination or upon receipt of the wage determination by the contracting agency, whichever occurs first. “Publication” within the meaning of this section shall occur on the first date the wage determination is published on the Wage Determinations at SAM.gov. Archived Construction Wage Rate Requirements statute general wage determinations that are no longer current may be accessed in the “Archived DB WD” database on Wage Determinations at SAM.gov website for information purposes only. Contracting officers may not use an archived wage determination in a contract action without obtaining prior approval of the Department of Labor. To obtain prior approval, contact the Department of Labor, Wage and Hour Division, using https://www.sam.gov , or contact the procurement agency labor advisor listed on https://www.sam.gov . (b) Project wage determinations . A project wage determination is issued at the specific request of a contracting agency. It is used only when no general wage determination applies, and is effective for 180 calendar days from the date of the determination. However, if a determination expires before contract award, it may be possible to obtain an extension to the 180-day life of the determination (see 22.404-5 (b)(2)). Once incorporated in a contract, a project wage determination normally remains effective for the life of the contract, unless the contracting officer exercises an option to extend the term of the contract (see 22.404-12 ).