skip navigational linksDOL Seal - Link to DOL Home Page
Photos representing the workforce - Digital Imagery© copyright 2001 PhotoDisc, Inc.
www.dol.gov

Previous Section

Content Last Revised: 08/26/2005
---DISCLAIMER---

Next Section

CFR  

Code of Federal Regulations Pertaining to U.S. Department of Labor

Down Arrow

Title 29  

Labor

 

Down Arrow

Chapter I  

Office of the Secretary of Labor

 

 

Down Arrow

Part 1  

Procedures for Predetermination of Wage Rates


29 CFR 1.6 - Use and effectiveness of wage determinations.

  • Section Number: 1.6
  • Section Name: Use and effectiveness of wage determinations.

    (a)(1) Project wage determinations initially issued shall be 

effective for 180 calendar days from the date of such determinations. If 

such a wage determination is not used in the period of its effectiveness 

it is void. Accordingly, if it appears that a wage determination may 

expire between bid opening and contract award (or between initial 

endorsement under the National Housing Act or the execution of an 

agreement to enter into a housing assistance payments contract under 

section 8 of the U.S. Housing Act of 1937, and the start of 

construction) the agency shall request a new wage determination 

sufficiently in advance of the bid opening to assure receipt prior 

thereto. However, when due to unavoidable circumstances a determination 

expires before award but after bid opening (or before the start of 

construction, but after initial endorsement under the National Housing 

Act, or before the start of construction but after the execution of an 

agreement to enter into a housing assistance payments contract under 

section 8 of the U.S. Housing Act of 1937), the head of the agency or 

his or her designee may request the Administrator to extend the 

expiration date of the wage determination in the bid specifications 

instead of issuing a new wage determination. Such request shall be 

supported by a written finding, which shall include a brief statement of 

the factual support, that the extension of the expiration date of the 

determination is necessary and proper in the public interest to prevent 

injustice or undue hardship or to avoid serious impairment in the 

conduct of Government business. The Administrator will either grant or 

deny the request for an extension after consideration of all of the 

circumstances, including an examination to determine if the previously 

issued rates remain prevailing. If the request for extension is denied, 

the Administrator will proceed to issue a new wage determination for the 

project.

    (2) General wage determinations issued pursuant to Sec.  1.5(a), 

notice of which is published on WDOL, shall contain no expiration date.

    (b) Contracting agencies are responsible for insuring that only the 

appropriate wage determination(s) are incorporated in bid solicitations 

and contract specifications and for designating specifically the work to 

which such wage determinations will apply. Any question regarding 

application of wage rate schedules shall be referred to the 

Administrator, who shall give foremost consideration to area practice in 

resolving the question.

    (c)(1) Project and general wage determinations may be modified from 

time to time to keep them current. A modification may specify only the 

items being changed, or may be in the form of a supersedeas wage 

determination, which replaces the entire wage determination. Such 

actions are distinguished from a determination by the Administrator 

under paragraphs (d), (e) and (f) of this section that an erroneous wage 

determination has been issued or that the wrong wage determination or 

wage rate schedule has been utilized by the agency.

    (2)(i) All actions modifying a project wage determination received 

by the agency before contract award (or the start of construction where 

there is no contract award) shall be effective except as follows:

    (A) In the case of contracts entered into pursuant to competitive 

bidding procedures, modifications received by the agency less than 10 

days before the opening of bids shall be effective unless



[[Page 13]]



the agency finds that there is not a reasonable time still available 

before bid opening, to notify bidders of the modification and a report 

of the finding is inserted in the contract file. A copy of such report 

shall be made available to the Administrator upon request. No such 

report shall be required if the modification is received after bid 

opening.

    (B) In the case of projects assisted under the National Housing Act, 

modifications shall be effective if received prior to the beginning of 

construction or the date the mortgage is initially endorsed, whichever 

occurs first.

    (C) In the case of projects to receive housing assistance payments 

under section 8 of the U.S. Housing Act of 1937, modifications shall be 

effective if received prior to the beginning of construction or the date 

the agreement to enter into a housing assistance payments contract is 

executed, whichever occurs first.

    (ii) Modifications to project wage determinations and supersedeas 

wage determinations shall not be effective after contract award (or 

after the beginning of construction where there is no contract award).

    (iii) Actual written notice of a modification shall constitute 

receipt.

    (3) All actions modifying a general wage determination shall be 

effective with respect to any project to which the determination 

applies, if notice of such actions is published before contract award 

(or the start of construction where there is no contract award), except 

as follows:

    (i) In the case of contracts entered into pursuant to competitive 

bidding procedures, a modification, notice of which is published less 

than 10 days before the opening of bids, shall be effective unless the 

agency finds that there is not a reasonable time still available before 

bid opening to notify bidders of the modification and a report of the 

finding is inserted in the contract file. A copy of such report shall be 

made available to the Administrator upon request. No such report shall 

be required if notice of the modification is published after bid 

opening.

    (ii) In the case of projects assisted under the National Housing 

Act, a modification shall be effective if notice of such modification is 

published prior to the beginning of construction or the date the 

mortgage is initially endorsed, whichever occurs first.

    (iii) In the case of projects to receive housing assistance payments 

under section 8 of the U.S. Housing Act of 1937, a modification shall be 

effective if notice of such modification is published prior to the 

beginning of construction or the date the agreement to enter into a 

housing assistance payments contract is signed, whichever occurs first.

    (iv) If under paragraph (c)(3)(i) of this section the contract has 

not been awarded within 90 days after bid opening, or if under paragraph 

(c)(3)(ii) or (iii) of this section construction has not begun within 90 

days after initial endorsement or the signing of the agreement to enter 

into a housing assistance payments contract, any modification, notice of 

which is published on WDOL prior to award of the contract or the 

beginning of construction, as appropriate, shall be effective with 

respect to that contract unless the head of the agency or his or her 

designee requests and obtains an extension of the 90-day period from the 

Administrator. Such request shall be supported by a written finding, 

which shall include a brief statement of the factual support, that the 

extension is necessary and proper in the public interest to prevent 

injustice or undue hardship or to avoid serious impairment in the 

conduct of Government business. The Administrator will either grant or 

deny the request for an extension after consideration of all the 

circumstances.

    (v) A modification to a general wage determination is ``published'' 

within the meaning of this section on the date notice of a modification 

or a supersedeas wage determination is published on WDOL or on the date 

the agency receives actual written notice of the modification from the 

Department of Labor, whichever occurs first. Archived versions of Davis-

Bacon and Related Acts wage determinations that are no longer current 

may be accessed in the ``Archived DB WD'' database of WDOL for 

information purposes only. Contracting officers should not use an



[[Page 14]]



archived wage determination in a contract action without prior approval 

of the Department of Labor.

    (vi) A supersedeas wage determination or a modification to an 

applicable general wage determination, notice of which is published 

after contract award (or after the beginning of construction where there 

is no contract award) shall not be effective.

    (d) Upon his/her own initiative or at the request of an agency, the 

Administrator may correct any wage determination, without regard to 

paragraph (c) of this section, whenever the Administrator finds such a 

wage determination contains clerical errors. Such corrections shall be 

included in any bid specifications containing the wage determination, or 

in any on-going contract containing the wage determination in question, 

retroactively to the start of construction.

    (e) Written notification by the Department of Labor prior to the 

award of a contract (or the start of construction under the National 

Housing Act, under section 8 of the U.S. Housing Act of 1937, or where 

there is no contract award) that: (1) There is included in the bidding 

documents or solicitation the wrong wage determination or the wrong 

schedule or that (2) a wage determination is withdrawn by the Department 

of Labor as a result of a decision by the Administrative Review Board, 

shall be effective immediately without regard to paragraph (c) of this 

section.

    (f) The Administrator may issue a wage determination after contract 

award or after the beginning of construction if the agency has failed to 

incorporate a wage determination in a contract required to contain 

prevailing wage rates determined in accordance with the Davis-Bacon Act, 

or has used a wage determination which by its terms or the provisions of 

this part clearly does not apply to the contract. Further, the 

Administrator may issue a wage determination which shall be applicable 

to a contract after contract award or after the beginning of 

construction when it is found that the wrong wage determination has been 

incorporated in the contract because of an inaccurate description of the 

project or its location in the agency's request for the wage 

determination. Under any of the above circumstances, the agency shall 

either terminate and resolicit the contract with the valid wage 

determination, or incorporate the valid wage determination retroactive 

to the beginning of construction through supplemental agreement or 

through change order, Provided That the contractor is compensated for 

any increases in wages resulting from such change. The method of 

incorporation of the valid wage determination, and adjustment in 

contract price, where appropriate, should be in accordance with 

applicable procurement law.

    (g) If Federal funding or assistance under a statute requiring 

payment of wages determined in accordance with the Davis-Bacon Act is 

not approved prior to contract award (or the beginning of construction 

where there is no contract award), the agency shall request a wage 

determination prior to approval of such funds. Such a wage determination 

shall be issued based upon the wages and fringe benefits found to be 

prevailing on the date of award or the beginning of construction (under 

the National Housing Act, under section 8 of the U.S. Housing Act of 

1937 or where there is no contract award), as appropriate, and shall be 

incorporated in the contract specifications retroactively to that date, 

Provided, That upon the request of the head of the agency in individual 

cases the Administrator may issue such a wage determination to be 

effective on the date of approval of Federal funds or assistance 

whenever the Administrator finds that it is necessary and proper in the 

public interest to prevent injustice or undue hardship, Provided further 

That the Administrator finds no evidence of intent to apply for Federal 

funding or assistance prior to contract award or the start of 

construction, as appropriate.
Previous Section

Next Section



Phone Numbers