FEDERAL REGISTER on a timely basis to keep them current.

(b) A project area or installation (54A) determination is issued for use by the requesting Federal agency and provides wage rates for all contracts for work described in the determination which may be awarded at an installation or within a given geographical area (usually a county) during the life of the determination. This type of determination is used only when no general wage determination has been issued, and may be requested for installations or areas where continuing construction activity is anticipated. These wage determinations are effective for 120 calendar days from the date of initial issue and are void for incorporation into contracts awarded after that period unless extended as provided in 29 CFR 5.4.

(c) An individual determination (sometimes referred to as "a project determination") is provided upon request for use in a contract to be performed at an installation, or in an area, not covered by either of the above types of determination. These individual wage determinations are effective for 120 calendar days from the date of initial issue and are void for incorporation into contracts awarded after that period unless extended as provided in 29 CFR 5.4.

§ 1-18.704-3 Procedure for requesting determinations.

(a) Requests for project area or individual wage determinations. Requests shall be submitted on completed Standard Form 308, Request for Determination and Response to Request, to the Regional Administrator of the Employment Standards Administration, Department of Labor, who has jurisdiction within the geographic area where the applicable project will be performed. Only those classifications shall be checked on the form which will be needed in the performance of the work. Needed classifications that are not on the form may be added. The agency shall not list classifications which can be fitted into classifications on the form, or classifications which are not generally recognized in the area or in the construction industry. Requests shall:

(1) Include a sufficiently detailed description of the work to indicate the type of construction involved; i.e., building, heavy, highway, or other type;

(2) Include the location of the project, giving the distance in miles and the direction from the nearest point of reference;

(3) Include the agency's evaluation of whether the project is a building, heavy, highway, or other type of construction project;

(4) Be accompanied by any available pertinent wage payment information unless the wage patterns in the area are clearly established; and

(5) Include a complete statement of the incidence of use of the last previously issued installation determination, the total dollar amount of the contracts awarded thereunder, and an estimate of the use of any new determination during its 120-day life. This should include a brief description of the planned projects (i.e., commercial, residential, heavy, or highway), the estimated cost of each project, and the kinds of laborers and mechanics likely to be employed.

The addresses of the various Regional Administrators of the Employment Standards Administration are set forth below:

BOSTON REGION

For the States of Maine, Vermont, New Hampshire, Massachusetts, Rhode Island,

and Connecticut:

Regional Administrator, Employment Standards Administration, U.S. Department of Labor, Room 1612C, John F. Kennedy Federal Building, Government Center, Boston, MA 02203 (Telephone: 617-2232035).

NEW YORK REGION

For the States of New York and New Jersey and for Puerto Rico and the Virgin Islands: Regional Administrator, Employment Standards Administration, U.S. Department of Labor, 1515 Broadway, New York, NY 10036 (Telephone: 212-971-5451).

PHILADELPHIA REGION

For the States of Pennsylvania, Maryland, Delaware, Virginia, West Virginia, and the District of Columbia:

Regional Administrator, Employment Standards Administration, U.S. Department of Labor, Room 704C, 1317 Filbert Street,

Regional

Administrator,

Employment Standards Administration, U.S. Department of Labor, 2008 Smith Tower, 506 Second Avenue, Seattle, WA 98104 (Telephone: 206442-1536).

(b) Requests for general wage determinations. A contracting agency may submit a request to the Administrator, Wage and Hour Division, Department of Labor, for issuance of a general (area) wage determination for use on individual contracts for a particular type of construction in a particular area whenever (1) the wage patterns for the particular type of construction are well settled in that area, and (2) the agency anticipates a large volume of the particular type of construction in the area. The request shall include the information set forth in paragraph (a) of this section. The Administrator will issue such a determination pursuant to such a request or at his own discretion.

(c) Time of submission of requests. Requests for wage determinations ordinarily should be submitted to the Department of Labor at least 30 calendar days before they are required for use in advertising for bids or for entering into negotiations of the contract for which the determinations are

sought.

(d) Limitations. Each project area and individual wage determination is effective for 120 calendar days from the date of the determination, and is applicable only to contract awards made within that period. Accordingly, if it appears that a wage determination will expire before a contract can be awarded, a new determination should be requested at a date which will permit its receipt and issuance to prospective bidders by amendment of the invitation for bids before the date set for bid opening. In individual cases, upon a written finding by the head of the agency that due to unavoidable circumstances a wage determination expired after bid opening but before award, the Administrator, Wage and Hour Division, Department of Labor, may extend the period of effectiveness of the wage determination whenever he finds it necessary and proper in the public interest to prevent injustice or undue hardship or to avoid serious impairment in the conduct of Govern

ment business. General wage determinations normally will be published in the FEDERAL REGISTER on Fridays and will contain no expiration date (see § 1-18.704-2(a)).

(e) Modification. On any negotiated procurement a modification of a project area or individual wage determination by an appropriate Department of Labor official shall be made part of the proposed contract if received prior to the award of the contract. However, in procurements involving formal advertising or small business restricted advertising, any modification received by the contracting agency concerned less than 10 calendar days before the opening of bids shall be disregarded unless it is determined that such modifications reasonably can be furnished to bidders by means of an amendment of the invitation for bids in time to be considered in the preparation of their bids. Modifications received by an agency should be time-date stamped to show the date of receipt by the agency. A modification of a general wage determination shall be incorporated in a negotiated contract if published in the FEDERAL REGISTER prior to completion of negotiation; if published in the FEDERAL REGISTER less than 10 calendar days before the opening of bids on an advertised procurement, the modification shall not be effective unless the agency finds that there is a reasonable time in which to notify bidders of the modification.

[38 FR 21405, Aug. 8, 1973, as amended at 44 FR 20693, Apr. 6, 1979]

EFFECTIVE DATE NOTE: The introductory portion of paragraph (a), and paragraphs (a)(1), (2), (3), (4), and (5) of § 7-18.704-3 become effective July 16, 1979. For the convenience of the user, the superseded text appears below.

§ 1-18.704-3 Procedure for requesting determinations.

(a) Requests for project area or individual wage determinations. Requests shall be submitted on completed Standard Form 308, Request for Determination and Response to Request, to the Regional Administrator of the Employment Standards Administration, Department of Labor, who has jurisdiction within the geographic area where the applicable project will be performed. Only those classifications shall be checked on the form which will be needed in the performance of the work. Needed classifications that are

not on the form may be added. The agency shall not list classifications which can be fitted into classifications on the form, or classifications which are not generally recognized in the area or in the construction industry. Requests shall:

(1) Include a sufficiently detailed description of the work to indicate the type of construction involved; i.e., building, heavy, highway, or other type;

(2) Include the location of the project, giving the distance in miles and the direction from the nearest point of reference;

(3) Include the agency's evaluation of whether the project is a building, heavy, highway, or other type of construction project;

(4) Be accompanied by any available pertinent wage payment information unless the wage patterns in the area are clearly established; and

(5) Include a complete statement of the incidence of use of the last previously issued installation determination, the total dollar amount of the contracts awarded thereunder, and an estimate of the use of any new determination during its 120-day life. This should include a brief description of the planned projects (i.e., commercial, residential, heavy, or highway), the estimated cost of each project, and the kinds of laborers and mechanics likely to be employed.

§ 1-18.704-4 Rates to be included in solicitations.

In solicitations for work in an area covered by either a general area wage determination, or a project area or installation (54A) determination, containing more than one schedule (i.e., building construction, heavy, and highway construction) there shall be included only the rate schedule or individual rates applicable to the particular type of construction involved. In cases requiring the utilization of more than one schedule, the item of work to which each schedule is applicable shall be defined.

§ 1-18.704-5 Wage determinations in solicitations and awards.

(a) Formally advertised procurements. (1) Whenever it appears before bid opening that a wage determination may expire before award, or a determination actually does expire before bid opening, a new determination shall be requested. The scheduled bid opening date shall be postponed, if necessary, to allow a reasonable time to (i) obtain the determination, (ii) modify the invitation for bids to reflect the new de

termination, and (iii) permit bidders to amend their bids. Even if the new determination does not change the wage rates, and hence would not warrant amended bids, the solicitation must nevertheless be modified to include the number and date of the new determination.

(2) After bids have been opened in a formally advertised procurement, if a wage determination may expire before award, the agency head or his designee may, upon finding that an extension is in the public interest to prevent injustice, undue hardship, or serious impairment of the conduct of Government business, submit a written request for an extension of the expiration date to the Administrator, Wage and Hour Division, Department of Labor, who may extend the period of effectiveness of the determination. If an extension is not requested, or if an extension is requested and denied, a new wage determination shall be requested. If the new determination changes the wage rates, the invitation for bids shall be changed and the procurement readvertised using the new wage rates.

(b) Negotiated procurements. Whenever (1) it appears that a wage determination will expire before award is made, or (2) the determination actually does so expire, a new wage determination shall be requested. If the new determination makes a change in the wage rates, the wage rate information specified in the new determination shall be furnished to (1) all prospective offerors to whom a solicitation has been sent if the closing date for receipt of proposals has not yet occurred, or (2) to all prospective offerors who have submitted proposals if the closing date is past. All prospective offerors to whom such information has been furnished shall be given a reasonable opportunity to amend their proposals. The contracting officer need not delay opening and reviewing proposals or discussing them with the respective offerors while a new determination is being sought and offerors are preparing amended proposals. Offerors should be requested to extend the period for acceptance of any proposal if that period expires or may

expire while the contracting officer is waiting for a new wage determination.

(c) Receipt of new determination before expiration of original determination. When a new determination has been requested and received before award, but an award is made before the expiration date of the original determination, the new determination must be treated as a superseding decision in accordance with § 1-18.7047, except that the expiration of the new determination shall be controlled by the date thereon and not by the date on the determination which it replaces.

§ 1-18.704-6 Formal advertising without a wage determination.

In the event a solicitation is to be issued before the wage determination is obtained a notice shall be included in the invitation for bids that the schedule of minimum wage rates to be paid under the contract will be issued as an amendment to the specifications. Under no circumstances may bids be opened until a reasonable time after the wage determination has been furnished to all bidders.

§ 1-18.704-7 Modifications of wage determinations.

modification,"

(a) During the life of any wage determination, it may be modified (1) by the "letter of inadvertence," which is used to correct a clerical error in a wage determination, (2) a "notice of which specifies a change in a wage determination, or (3) a "superseding decision," which is a reissuance of a wage determination with changes incorporated. All modifications (including superseding decisions) expire on the same day as the original determination. Since the need for inclusion of a modification in a solicitation is determined by the time of receipt in the agency concerned, all modifications shall be time-date stamped immediately upon receipt by the agency concerned. The need for inclusion of a modification of a general wage determination is determined by the publication date in the FEDERAL REGISTER.

(b) A modification which affects wage rates included in a solicitation, and which was received by the agency

(1) Formally

advertised procurements. If the modification reaches the contracting officer before bid opening, he shall issue an amendment to the invitation for bids and, if necessary, extend the date of bid opening.

(2) Negotiated procurements. If the modification reaches the contracting officer before award, he shall notify the appropriate offerors and allow them sufficient time to adjust their offers accordingly.

(c) A modification which affects wage rates included in a solicitation, and which was received by the agency concerned later than 10 days before the bid opening in formally advertised procurements or published in the FEDERAL REGISTER later than 10 days before award in negotiated procurements, must be included in the solicitation only where such action will not delay bid opening or otherwise create excessive administrative burdens and may otherwise be disregarded. A modification which accordingly is not included in the solicitation shall not be included in advertised contracts after bid opening or in negotiated contracts after award.

§ 1-18.704-8 Wage determinations appeals.

The Secretary of Labor has established a Wage Appeals Board, one of whose powers is to decide appeals concerning questions of law and fact arising from decisions of the Associate Administrator, Division of Wage Determinations, with regard to wage determinations issued under the DavisBacon Act and related minimum wage statutes. Each contracting agency, in accordance with procedures established by it, may file a petition for review of, or for intervention, in any matter which it appears may appropriately be brought before the Board in accordance with procedures estab