FAR 52.222-5—Construction Wage Rate Requirements-Secondary Site of the Work.
Plain-English Summary
FAR 52.222-5 is a solicitation provision used in construction contracting to address wage coverage for work performed away from the primary site of the work, specifically at a “secondary site of the work” as that term is defined in FAR 52.222-6, Construction Wage Rate Requirements. The provision tells offerors when they must notify the Government that they plan to perform work at such a site, and it requires them to seek a Contracting Officer determination if they are unsure whether a planned location qualifies as a secondary site. It also establishes the process for obtaining a wage determination when the wage determination applicable to the primary site does not apply to the secondary site. Finally, it makes clear that asking for a secondary-site wage determination does not extend the solicitation due date. In practice, this provision helps ensure the correct Davis-Bacon wage rates are identified before award, reduces later disputes about wage coverage, and places the burden on the offeror to surface secondary-site issues early enough for the Government to address them.
Key Rules
Notify Government of secondary sites
If the offeror intends to perform work at any secondary site of the work, the offeror must notify the Government. This gives the Contracting Officer notice that wage coverage may need to be addressed beyond the primary construction site.
Seek determination if unsure
If the offeror is uncertain whether a planned work location meets the definition of a secondary site of the work, the offeror must request a determination from the Contracting Officer. The provision places the responsibility on the offeror to raise the question rather than assume coverage.
Request wage determination when needed
If the wage determination provided for the primary site does not apply to the secondary site, the offeror must request a wage determination from the Contracting Officer. This ensures the solicitation reflects the correct prevailing wage requirements for the actual work location.
No extension of offer due date
A request for a wage determination for a secondary site does not extend the due date for receipt of offers. Offerors must manage their proposal schedule accordingly and cannot rely on the request to delay the solicitation deadline.
Secondary-site definition controls
The provision relies on the definition of “secondary site of the work” in FAR 52.222-6. Whether the provision applies depends on that regulatory definition, so parties must read the two clauses together.
Responsibilities
Offeror
Identify whether any planned work will occur at a secondary site of the work, notify the Government of that intent, and request a Contracting Officer determination if the site status is unclear. If the primary-site wage determination does not apply, the offeror must request a wage determination for the secondary site.
Contracting Officer
Receive and evaluate offeror notifications and requests, determine whether a planned location qualifies as a secondary site when asked, and provide or arrange for an applicable wage determination when the primary-site determination does not cover the secondary site.
Government/Agency
Use the provision to ensure the solicitation captures wage coverage issues for off-site construction work and to support timely issuance of the correct wage determination without changing the offer due date.
Practical Implications
Offerors should review their construction plan early to identify any off-site fabrication, staging, or other work that may trigger secondary-site wage issues.
The clause is a timing trap: even if a wage determination request is pending, the proposal deadline still stands, so contractors must build in time for review and follow-up.
If the offeror assumes the primary-site wage determination applies everywhere, it may later face compliance problems or pricing errors if the secondary site is covered differently.
Contracting Officers should expect questions about site status and wage applicability and should resolve them promptly to avoid ambiguity in the solicitation record.
Because the clause depends on the definition in FAR 52.222-6, users should not interpret “secondary site” informally; the regulatory definition controls whether the clause is triggered.
Official Regulatory Text
As prescribed in 22.407 (h) , insert the following provision: Construction Wage Rate Requirements-Secondary Site of the Work (May 2014) (a) (1) The offeror shall notify the Government if the offeror intends to perform work at any secondary site of the work, as defined in paragraph (a)(1)(ii) of the FAR clause at 52.222-6 , Construction Wage Rate Requirements, of this solicitation. (2) If the offeror is unsure if a planned work site satisfies the criteria for a secondary site of the work, the offeror shall request a determination from the Contracting Officer. (b) (1) If the wage determination provided by the Government for work at the primary site of the work is not applicable to the secondary site of the work, the offeror shall request a wage determination from the Contracting Officer. (2) The due date for receipt of offers will not be extended as a result of an offeror’s request for a wage determination for a secondary site of the work. (End of provision)