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  • Question

    which FAR statement do we follow? 22.404-6(b)(2) indicates that a modified WD received after bid opening shall not be effective and shall not be included in the solicitation But 22.404-6(b)(4) discusses WD modifications after bid opening but before award, to follow procedure of 22.404-5(b)(2)(i) or (ii) 22.404-5(b) discusses WD "expiring" Is that not the same as being modified, so does this even apply? It goes on then suggesting the new WD should be incorporated.


    Answer

    “Request involves a contracting by sealed bidding acquisition. After bid opening, but prior to award, the general wage determination (WD) was modified (updated). FAR 22.404-6(b)(2) indicates that a modified WD received after bid opening shall not be affected and shall not be included in the solicitation but references (b)(6) of same subsection.
     
    FAR 22.404-6(b)(6) states "If an award is not made with 90 days after bid opening (as in this case), any modification to a general wage determination which is published on the WDOL 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." Furthermore, contracting officer shall follow procedures at 22.404-5(b)(2) within 22.404-5--Expiration of Project Wage Determinations. While this acquisition does not involve expiration of project WD, FAR directs contracting officer use of referenced procedures under these conditions when contacting by sealed bidding.”

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