FAR 22.404-3—Procedures for requesting wage determinations.
Plain-English Summary
FAR 22.404-3 explains how contracting agencies request wage determinations under the Davis-Bacon framework and how they should handle those determinations once received. It covers two different paths: using an existing general wage determination already posted on Wage Determinations at SAM.gov, or requesting a project wage determination from the Department of Labor when no general determination is available. It also specifies what information must be included on SF 308 for project requests, how far in advance agencies should submit requests so solicitations and option exercises are not delayed, and how secondary-site requests should be handled. Finally, it requires the contracting agency to review wage determinations immediately upon receipt and notify the Department of Labor of any needed corrections, while directing private parties to take change requests to DOL rather than the agency. In practice, this section is about timing, completeness, and accuracy: if the agency requests the wrong type of determination, submits too late, or fails to review the result promptly, the solicitation or contract action can be delayed or issued with an incorrect wage rate.
Key Rules
Use existing general determinations
If a general wage determination is already available on Wage Determinations at SAM.gov and applies to the project, the agency may use it without first notifying the Department of Labor. If a new general determination is needed, the agency may request one using SF 308.
Request project determinations when needed
When no applicable general wage determination is available, the contracting agency must request a project wage determination from the Department of Labor using SF 308. This is the required path for project-specific determinations.
Include complete project data
A project wage determination request must identify the project location, the project name and type of construction, any available wage payment information, the estimated cost, and all likely laborer and mechanic classifications. The request should give DOL enough detail to identify the proper wage pattern and classifications.
Submit early enough
Agencies should expect DOL processing to take at least 30 days and should submit requests for the primary site at least 45 days before issuing the solicitation or exercising an option, with 60 days preferred if possible. Requests for secondary sites should be sent promptly when an offeror asks for one.
Review determinations immediately
Once the contracting agency receives a wage determination, it must review it right away and tell DOL about any changes needed to correct errors. The agency, not private parties, is responsible for identifying and forwarding correction issues to DOL.
Direct private parties to DOL
If contractors or other private parties want a wage determination changed, they should be told to submit their request directly to the Department of Labor rather than to the contracting agency.
Responsibilities
Contracting Agency
Determine whether an applicable general wage determination exists on Wage Determinations at SAM.gov; use it when appropriate; request project wage determinations on SF 308 when no general determination is available; include all required project information; submit requests early enough to avoid procurement delays; promptly forward secondary-site requests; and immediately review received wage determinations for errors or needed corrections.
Contracting Officer
Ensure the correct wage determination process is used for the acquisition, time the request so the solicitation or option exercise is not delayed, verify the determination is reviewed upon receipt, and coordinate any necessary corrections with the Department of Labor.
Department of Labor
Process SF 308 requests for general or project wage determinations, issue the applicable wage determination, and receive correction requests from the contracting agency or change requests from private parties.
Offeror/Contractor/Private Party
If seeking a change to a wage determination, submit the request directly to the Department of Labor rather than asking the contracting agency to make the change.
Practical Implications
The biggest operational risk is timing: wage determinations can take at least 30 days to process, so late requests can delay solicitation release or option exercise.
Agencies need to know whether a general determination already exists on SAM.gov before sending an SF 308; using the wrong process wastes time and can create compliance problems.
Incomplete SF 308 submissions are a common pitfall because DOL needs location, construction type, cost, and likely classifications to issue the right determination.
Contracting staff should review the wage determination immediately on receipt; errors that are not caught early can flow into the solicitation or contract and be harder to fix later.
Contractors should not expect the contracting agency to revise wage rates on their behalf; requests for changes belong with DOL, which helps keep the process centralized and consistent.
Official Regulatory Text
(a) General wage determinations. If there is a general wage determination on the Wage Determinations at SAM.gov website applicable to the project, the agency may use it without notifying the Department of Labor. When necessary, a request for a general wage determination may be made by submitting Standard Form (SF) 308 , Request for Determination and Response to Request, to the Administrator, Wage and Hour Division, Attention: Branch of Construction Contract Wage Determinations, 200 Constitution Avenue, NW, Washington, DC 20210. (b) Project wage determinations. If a general wage determination is not available on Wage Determinations at SAM.gov , a contracting agency shall submit requests for project wage determinations on SF 308 to the Department of Labor. The requests shall include the following information: (1) The location, including the county (or other civil subdivision) and State in which the proposed project is located. (2) The name of the project and a sufficiently detailed description of the work to indicate the types of construction involved ( e.g., building, heavy, highway, residential, or other type). (3) Any available pertinent wage payment information, unless wage patterns in the area are clearly established. (4) The estimated cost of each project. (5) All the classifications of laborers and mechanics likely to be employed. (c) Time for submission of requests . (1) The time required by the Department of Labor for processing requests for project wage determinations varies according to the facts and circumstances in each case. An agency should expect the processing to take at least 30 days. Accordingly, agencies should submit requests for project wage determinations for the primary site of the work to the Department of Labor at least 45 days (60 days if possible) before issuing the solicitation or exercising an option to extend the term of a contract. (2) Agencies should promptly submit to the Department of Labor an offeror’s request for a project wage determination for a secondary site of the work. (d) Review of wage determinations . Immediately upon receipt, the contracting agency shall examine the wage determination and inform the Department of Labor of any changes necessary or appropriate to correct errors. Private parties requesting changes should be advised to submit their requests to the Department of Labor.