FAR 22.404-6—Modifications of wage determinations.
Plain-English Summary
FAR 22.404-6 explains how wage determination modifications become effective and how contracting officers must handle them in different acquisition settings. It covers Department of Labor (DOL) changes to wage determinations, the difference between project wage determinations and general wage determinations, how timing affects whether a modification must be included in a solicitation or contract, and the special rules for sealed bidding, negotiated acquisitions, and option exercises. The section also addresses when a contracting officer must annotate receipt dates and times, monitor Wage Determinations at SAM.gov, postpone bid opening, amend solicitations, modify contracts after award, and adjust contract price when wage rates change. In sealed bidding, it sets specific pre-bid-opening and post-bid-opening rules, including the 90-day rule for delayed awards and the possibility of an extension from the Wage and Hour Division Administrator. In negotiated acquisitions, it generally makes all pre-award modifications effective and directs the contracting officer to follow the related procedures in FAR 22.404-5. For option exercises, it establishes when a modified wage determination applies based on DOL action before option exercise or within the specified post-request period. In practice, this section is about timing, documentation, and ensuring the contract reflects the correct prevailing wage requirements so the Government does not award or extend work using stale wage data.
Key Rules
DOL may revise wage determinations
The Department of Labor can update a wage determination either by issuing only the changed items or by reissuing the full determination with changes incorporated. Contracting personnel must treat the modified version as the controlling wage determination when it is effective under the timing rules in this section.
Project wage mods expire together
All modifications to a project wage determination expire on the same day as the original determination. For the primary site of work, whether a modification must be included in a solicitation depends on when the contracting agency receives it, so the agency must stamp the date and time of receipt immediately.
General wage mods depend on publication or notice
For general wage determinations, the key effective date is the earlier of publication on Wage Determinations at SAM.gov or actual written notice from DOL to the agency. The contracting officer must monitor SAM.gov during the solicitation period because revisions published or otherwise communicated within the applicable timeframes must be included in the resulting contract.
Sealed bidding has strict bid-opening rules
In sealed bidding, a written wage modification is effective if received or published at least 10 calendar days before bid opening, and may still be effective if received later unless there is not reasonable time to notify bidders. Modifications received or published after bid opening are generally not effective for inclusion in the solicitation, subject to the special 90-day rule for general wage determinations.
Post-bid-opening actions differ by timing
If an effective modification arrives before bid opening, the contracting officer must postpone bid opening if needed to give bidders a fair chance to revise bids; if the change does not affect wage rates, the solicitation is amended to show the modification number and date. If the modification arrives after bid opening but before award, the contracting officer must follow FAR 22.404-5(b)(2)(i) or (ii). If it arrives after award, the contract must be modified retroactively to the award date and the price equitably adjusted for any cost impact from changed wage rates.
Ninety-day sealed-bid rule
If award is not made within 90 days after bid opening, any general wage determination modification published before award is effective for the resulting contract unless the Administrator, Wage and Hour Division grants an extension. The agency head may request the extension, supported by a written finding showing that the extension is necessary and proper in the public interest to prevent injustice, undue hardship, or serious impairment of Government business.
Negotiated acquisitions are broader pre-award
In negotiated procurements, all written wage determination modifications received by the agency before award, and all general wage determination modifications published before award, are effective. If an effective modification reaches the contracting officer before award, the officer must follow FAR 22.404-5(c)(3) or (4); if it arrives after award, the officer follows the post-award contract modification procedures in FAR 22.404-6(b)(5).
Option exercises have special timing
When extending a contract by option, a modified wage determination is effective if DOL issues a written action before the option is exercised or within 45 days after the wage determination request, whichever is later. The section also contemplates effectiveness when DOL publishes the modification, tying option exercise to the timing of DOL action and the request process in FAR 22.404-3(c).
Responsibilities
Department of Labor
Issue wage determination modifications, either as partial changes or full reissuances, and publish them on Wage Determinations at SAM.gov or provide written notice to the agency. DOL’s timing controls when a modification becomes effective under the FAR rules.
Contracting Agency
Receive and date-stamp project wage determination modifications immediately, monitor Wage Determinations at SAM.gov during the solicitation process, and ensure effective modifications are included in solicitations and resulting contracts when required. The agency also may request an extension of the 90-day sealed-bid rule through the agency head.
Contracting Officer
Determine whether a wage modification is effective based on the acquisition method and timing, postpone bid opening when necessary, amend solicitations, follow the referenced procedures in FAR 22.404-5, modify contracts after award when required, and ensure retroactive price adjustments are made for changed wage rates. The contracting officer must also document findings when there is not reasonable time to notify bidders and keep the contract file current.
Agency Head
If needed, request an extension of the 90-day post-bid-opening period from the Administrator, Wage and Hour Division, supported by a written finding with factual justification showing public-interest necessity.
Bidders/Prospective Offerors
Review amended solicitations and, when bid opening is postponed or a wage determination is modified before opening, revise bids as needed to reflect the updated wage requirements.
Contractor
Comply with the wage determination incorporated into the contract, including retroactive modifications after award or option exercise, and absorb or seek equitable adjustment for increased or decreased labor costs as allowed by the contract modification.
Practical Implications
Timing is everything: a wage modification can be effective or ineffective depending on whether it is received, published, or noticed before bid opening, before award, after award, or before an option exercise. Missing the timing rule can lead to an incorrect solicitation or an unenforceable contract administration decision.
Contracting officers need a reliable monitoring process for Wage Determinations at SAM.gov, including the Alert Service, because revisions published during the solicitation period must be captured and incorporated when applicable.
Documentation matters: agencies must annotate the exact date and time of receipt for project wage determination modifications, and contracting officers must place written findings in the file when they decide there is not enough time to notify bidders.
A common pitfall is treating receipt by the agency and receipt by the contracting officer as the same event; for general wage determinations, agency receipt or SAM.gov publication can make the modification effective even if the contracting officer learns of it later.
After-award wage changes are not just administrative updates; they can require retroactive contract modification and an equitable price adjustment, so both contracting staff and contractors should track labor cost impacts closely, especially on long-running procurements and option periods.
Official Regulatory Text
(a) General. (1) The Department of Labor may modify a wage determination to make it current by specifying only the items being changed or by reissuing the entire determination with changes incorporated. (2) All project wage determination modifications expire on the same day as the original determination. The need to include a modification of a project wage determination for the primary site of the work in a solicitation is determined by the time of receipt of the modification by the contracting agency. Therefore, the contracting agency must annotate the modification of the project wage determination with the date and time immediately upon receipt. (3) The need for inclusion of the modification of a general wage determination for the primary site of the work in a solicitation is determined by the date the modified wage determination is published on the Wage Determinations at SAM.gov , or by the date the agency receives actual written notice of the modification from the Department of Labor, whichever occurs first. (Note the distinction between receipt by the agency (modification is effective) and receipt by the contracting officer, which may occur later.) During the course of the solicitation, the contracting officer shall monitor the Wage Determinations at SAM.gov website to determine whether the applicable wage determination has been revised. Revisions published on the Wage Determinations at SAM.gov website or otherwise communicated to the contracting officer within the timeframes prescribed at 22.404-6 (b) and (c) are applicable and must be included in the resulting contract. Monitoring can be accomplished by use of the Wage Determinations at SAM.gov website’s "Alert Service". (b) The following applies when contracting by sealed bidding: (1) A written action modifying a wage determination shall be effective if: (i) It is received by the contracting agency, or is published on the Wage Determinations at SAM.gov , 10 or more calendar days before the date of bid opening; or (ii) It is received by the contracting agency, or is published on the Wage Determinations at SAM.gov , less than 10 calendar days before the date of bid opening, unless the contracting officer finds that there is not reasonable time available before bid opening to notify the prospective bidders. (If the contracting officer finds that there is not reasonable time to notify bidders, a written report of the finding shall be placed in the contract file and shall be made available to the Department of Labor upon request.) (2) All written actions modifying wage determinations received by the contracting agency after bid opening, or modifications to general wage determinations published on the Wage Determinations at SAM.gov after bid opening, shall not be effective and shall not be included in the solicitation (but see paragraph (b)(6) of this subsection). (3) If an effective modification of the wage determination for the primary site of the work is received by the contracting officer before bid opening, the contracting officer shall postpone the bid opening, if necessary, to allow a reasonable time to amend the solicitation to incorporate the modification and permit bidders to amend their bids. If the modification does not change the wage rates and would not warrant amended bids, the contracting officer shall amend the solicitation to include the number and date of the modification. (4) If an effective modification of the wage determination for the primary site of the work is received by the contracting officer after bid opening, but before award, the contracting officer shall follow the procedures in 22.404-5 (b)(2)(i) or (ii). (5) If an effective modification is received by the contracting officer after award, the contracting officer shall modify the contract to incorporate the wage modification retroactive to the date of award and equitably adjust the contract price for any increased or decreased cost of performance resulting from any changed wage rates. If the modification does not change any wage rates and would not warrant contract price adjustment, the contracting officer shall modify the contract to include the number and date of the modification. (6) If an award is not made within 90 days after bid opening, any modification to a general wage determination which is published on the Wage Determinations at SAM.gov before award, shall be effective for any resultant contract unless an extension of the 90-day period is obtained from the Administrator, Wage and Hour Division. An agency head may request such an extension from the Administrator. The request must be supported by a written finding, which shall include a brief statement of factual support, that the extension is necessary and proper in the public interest to prevent injustice, undue hardship, or to avoid serious impairment in the conduct of Government business. The contracting officer shall follow the procedures in 22.404-5 (b)(2). (c) The following applies when contracting by negotiation: (1) All written actions modifying wage determinations received by the contracting agency before contract award, or modifications to general wage determinations published on the Wage Determinations at SAM.gov before award, shall be effective. (2) If an effective wage modification is received by the contracting officer before award, the contracting officer shall follow the procedures in 22.404-5 (c)(3) or (4). (3) If an effective wage modification is received by the contracting officer after award, the contracting officer shall follow the procedures in 22.404-6 (b)(5). (d) The following applies when modifying a contract to exercise an option to extend the term of a contract: (1) A modified wage determination is effective if- (i) The contracting agency receives a written action from the Department of Labor prior to exercise of the option, or within 45 days after submission of a wage determination request ( 22.404-3 (c)), whichever is later; or (ii) The Department of Labor publishes the modification to a general wage determination on the Wage Determinations at SAM.gov before exercise of the option. (2) If the contracting officer receives an effective modified wage determination either before or after execution of the contract modification to exercise the option, the contracting officer must modify the contract to incorporate the modified wage determination, and any changed wage rates, effective as of the date that the option to extend was effective.