FAR 22.404-9 Award of contract without required wage determination

Subsection Federal Acquisition Regulation

Facts

Citation
FAR 22.404-9
Type
Subsection
Text as of
FAC 2026-01
Official text
acquisition.gov

Text from acquisition.gov. Federal Register history from the Federal Register's records of the rules that amended this subsection.

Text

(a) If a contract is awarded without the required wage determination (i.e., incorporating no determination, containing a clearly inapplicable general wage determination, or containing a project determination which is inapplicable because of an inaccurate description of the project or its location), the contracting officer shall initiate action to incorporate the required determination in the contract immediately upon discovery of the error. If a required wage determination (valid determination in effect on the date of award) is not available, the contracting officer shall expeditiously request a wage determination from the Department of Labor, including a statement explaining the circumstances and giving the date of the contract award.

(b) The contracting officer shall-

(1) Modify the contract to incorporate the required wage determination (retroactive to the date of award) and equitably adjust the contract price if appropriate; or

(2) Terminate the contract.

Quick answers

What is FAR 22.404-9?

FAR 22.404-9 is a subsection of the Federal Acquisition Regulation, titled "Award of contract without required wage determination".

Are changes to FAR 22.404-9 proposed?

No proposed rule from the last 3 years is waiting on a final rule.

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