You are on page 1of 6

36930 Federal Register / Vol. 71, No.

124 / Wednesday, June 28, 2006 / Rules and Regulations

Act, 5 U.S.C. 601 et seq., because the FAR 15.403–1(c)(3) if the total price of • E-mail: farcase.2005–033@gsa.gov.
number of small entities providing all such modifications under a Include FAC 2005–10, FAR case 2005–
commercial items with noncommercial particular contract action exceeds the 033 in the subject line of the message.
modifications costing more than greater of $500,000 or 5 percent of the • Fax: 202–501–4067.
$500,000 is expected to be very low. total price of the contract. • Mail: General Services
Although comments submitted on the * * * * * Administration, Regulatory Secretariat
interim rule prompted several technical [FR Doc. 06–5710 Filed 6–27–06; 8:45 am] (VIR), 1800 F Street, NW, Room 4035,
amendments necessary to correct the BILLING CODE 6820–EP–S
ATTN: Laurieann Duarte, Washington,
rule, this expectation remains DC 20405.
unchanged. Instructions: Please submit comments
DEPARTMENT OF DEFENSE only and cite FAC 2005–10, FAR case
C. Paperwork Reduction Act 2005–033, in all correspondence related
The Paperwork Reduction Act does GENERAL SERVICES to this case. All comments received will
not apply because the rule does not ADMINISTRATION be posted without change to http://
impose any information collection www.acquisition.gov/far/
requirements that require the approval NATIONAL AERONAUTICS AND ProposedRules/comments.htm
of the Office of Management and Budget SPACE ADMINISTRATION including any personal and/or business
under 44 U.S.C. 3501, et seq. confidential information provided.
List of Subjects in 48 CFR Part 15 48 CFR Parts 4, 22, 47, 52, and 53 FOR FURTHER INFORMATION CONTACT: For
clarification of content, contact Ms.
Government procurement. Gloria Sochon, Procurement Analyst, at
[FAC 2005–10; FAR Case 2005–033; Item
Dated: June 20, 2006. IV; Docket 2006–0020, Sequence 11] (202) 219–0311. Please cite FAC 2005–
Ralph De Stefano, 10, FAR case 2005–033. For information
Director, Contract Policy Division. RIN 9000–AK47 pertaining to status or publication
schedules, contact the FAR Secretariat
■ Therefore, DoD, GSA, and NASA
Federal Acquisition Regulation; FAR at (202) 501–4755.
amend 48 CFR part 15 as set forth
below: Case 2005–033, Implementation of SUPPLEMENTARY INFORMATION:
Wage Determinations OnLine (WDOL)
A. Background
PART 15—CONTRACTING BY AGENCIES: Department of Defense (DoD),
NEGOTIATION In the August 26, 2005 Federal
General Services Administration (GSA), Register (70 FR 50888), the DOL issued
■ 1. The authority citation for 48 CFR and National Aeronautics and Space a final rule to amend Title 29 CFR parts
part 15 continues to read as follows: Administration (NASA). 1 and 4 to allow for full implementation
Authority: 40 U.S.C. 121(c); 10 U.S.C. ACTION: Interim rule. of the Wage Determinations OnLine
chapter 137; and 42 U.S.C. 2473(c). (WDOL) Internet Website (http://
SUMMARY: The Civilian Agency
■ 2. Section 15.403–1 is amended by www.wdol.gov) as the source for Federal
Acquisition Council and the Defense contracting agencies to use when
revising paragraphs (c)(3)(ii)(A), (B), and Acquisition Regulations Council
(C) to read as follows: obtaining wage determinations issued
(Councils) have agreed on an interim by the DOL for service contracts subject
15.403–1 Prohibition on obtaining cost or
rule amending the Federal Acquisition to the SCA and for construction
pricing data (10 U.S.C. 2306a and 41 U.S.C. Regulation (FAR) to implement the contracts subject to the DBA. The
254b). Wage Determinations OnLine (WDOL) Councils are not seeking comments on
* * * * * internet website as the source for the DOL rule, which has already been
(c) * * * Federal contracting agencies to obtain issued in final, but are requesting
(3) Commercial items. (i) * * * wage determinations issued by the comments as to whether the FAR policy
(ii) * * * Department of Labor (DOL) for service in this rule implementing the DOL rule
(A) For acquisitions funded by any contracts subject to the McNamara- is clear. This interim rule amends FAR
agency other than DoD, NASA, or Coast O’Hara Service Contract Act (SCA) and Part 22 to direct Federal contracting
Guard, such modifications of a for construction contracts subject to the agencies to obtain wage determinations
commercial item are exempt from the Davis-Bacon Act (DBA). issued by the DOL for contracts subject
requirement for submission of cost or DATES: Effective Date: June 28, 2006. to the SCA and DBA from the WDOL
pricing data. Comment Date: Interested parties website.
(B) For acquisitions funded by DoD, should submit written comments to the This interim rule incorporates new
NASA, or Coast Guard, such FAR Secretariat on or before August 28, geographical jurisdictions for DOL’s
modifications of a commercial item are 2006 to be considered in the Wage and Hour Regional Offices and
exempt from the requirement for formulation of a final rule. eliminates FAR references to the
submission of cost or pricing data ADDRESSES: Submit comments Government Printing Office (GPO)
provided the total price of all such identified by FAC 2005–10, FAR case publication of general wage
modifications under a particular 2005–033, by any of the following determinations. The Contracting Officer
contract action does not exceed the methods: (CO) will be able to access the WDOL
greater of $500,000 or 5 percent of the • Federal eRulemaking Portal: http:// website (http://www.wdol.gov) to find
total price of the contract. www.regulations.gov. Follow the the applicable wage determination for a
(C) For acquisitions funded by DoD, instructions for submitting comments. contract action subject to the SCA or
rwilkins on PROD1PC63 with RULES_3

NASA, or Coast Guard such • Agency Web site: http:// DBA. If the WDOL database does not
modifications of a commercial item are www.acquisition.gov/far/ contain the applicable wage
not exempt from the requirement for ProposedRules/ proposed.htm. Click on determination for a SCA contract action,
submission of cost or pricing data on the the FAR case number to submit the CO must use the e98 process to
basis of the exemption provided for at comments. request a wage determination from DOL.

VerDate Aug<31>2005 17:14 Jun 27, 2006 Jkt 208001 PO 00000 Frm 00010 Fmt 4701 Sfmt 4700 E:\FR\FM\28JNR3.SGM 28JNR3
Federal Register / Vol. 71, No. 124 / Wednesday, June 28, 2006 / Rules and Regulations 36931

The e98 means a DOL approved B. Regulatory Flexibility Act Dated: June 20, 2006.
electronic application, (also available at This interim rule is not expected to Ralph De Stefano,
http://www.wdol.gov), whereby a CO have a significant economic impact on Director, Contract Policy Division.
submits pertinent information to the a substantial number of small entities ■ Therefore, DoD, GSA, and NASA
DOL and requests a wage determination within the meaning of the Regulatory amend 48 CFR parts 4, 22, 47, 52, and
directly from the Wage and Hour Flexibility Act, 5 U.S.C. 601, et seq., 53 as set forth below:
Division. If the WDOL database does not because the rule involves internal ■ 1. The authority citation for 48 CFR
contain the applicable wage Government processes between the DOL parts 4, 22, 47, 52, and 53 continues to
determination for a DBA contract action, and Federal contracting. read as follows:
the CO must request a wage During the design phase of Authority: 40 U.S.C. 121(c); 10 U.S.C.
determination by submitting a SF–308 WDOL.gov, the WDOL Task Force chapter 137; and 42 U.S.C. 2473(c).
to the Wage and Hour Division. The coordinated with a number of labor
DOL made an administrative organizations, contractors, the Contract PART 4—ADMINISTRATIVE MATTERS
determination that providing Federal Services Association and various
Federal contracting agencies to address ■ 2. Amend section 4.1202 by revising
contracting agencies with an electronic
and satisfy any concerns about the effect paragraph (q) to read as follows:
submission option for the infrequent
instances in which an agency files a SF– of the rule on all interested parties 4.1202 Solicitation provision and contract
308 does not justify the considerable including small entities. clause.
expense that developing such a system Therefore, an Initial Regulatory
* * * * *
would entail. To substantiate its Flexibility Analysis has not been (q) 52.222–48, Exemption from
decision, the DOL noted that in FY performed. The Councils will consider Application of Service Contract Act
2004, it processed less than 100 SF– comments from small entities Provisions—Contractor Certification.
concerning the affected FAR parts 22,
308’s. * * * * *
47, 52, and 53 in accordance with 5
This FAR rule eliminates the U.S.C. 610. Interested parties must
requirement for the CO to submit a copy PART 22—APPLICATION OF LABOR
submit such comments separately and LAWS TO GOVERNMENT
of collective bargaining agreements should cite 5 U.S.C 601, et seq. (FAC
(CBAs) to the DOL for the purpose of ACQUISITIONS
2005–10, FAR case 2005–033), in
obtaining a wage determination under correspondence. ■ 3. Amend section 22.001 by revising
Section 4(c) of the SCA, unless directed the section heading, and by adding, in
C. Paperwork Reduction Act
by the DOL to do so. The CO instead, alphabetical order, the definitions ‘‘e98’’
is required to prepare a wage The Paperwork Reduction Act does and ‘‘Wage Determinations OnLine
determination using the WDOL process, not apply because the changes to the (WDOL)’’ to read as follows:
and to incorporate the complete CBA FAR do not impose information
collection requirements that require the 22.001 Definitions.
and all its attachments into the
solicitation or contract action. The wage approval of the Office of Management * * * * *
determination prepared by the CO is a and Budget under 44 U.S.C. 3501, et e98 means the Department of Labor’s
one page document that references the seq. approved electronic application (http://
CBA by the name of the incumbent www.wdol.gov), whereby a contracting
D. Determination to Issue an Interim
contractor and the name of the union, officer submits pertinent information to
Rule
the Department of Labor and requests a
and stipulates that the economic terms A determination has been made under Service Contract Act wage
of the CBA will apply as the SCA the authority of the Secretary of Defense determination directly from the Wage
minimum wages and monetary benefits (DoD), The Administrator of General and Hour Division.
for the contract resulting from the Services (GSA), and the Administrator Wage Determinations OnLine (WDOL)
solicitation pursuant to DOL Regulation of the National Aeronautics and Space means the Government Internet website
29 CFR subpart 4.1b. Administration (NASA) that urgent and for both Davis-Bacon Act and Service
This interim rule also deletes the compelling reasons exist to promulgate Contract Act wage determinations
clause at 52.222–47, SCA Minimum this interim rule without prior available at http://www.wdol.gov.
Wages and Fringe Benefits Applicable to opportunity for public comment. This ■ 4. Amend section 22.102–2 by
Successor Contract Pursuant to action is necessary because the rule revising paragraph (c) to read as follows:
Predecessor Contractor Collective allows agencies to use the WDOL
website as the source for obtaining wage 22.102–2 Administration.
Bargaining Agreement (CBA), because
with the WDOL process it is no longer determinations issued by DOL for * * * * *
necessary. In addition, FAR clause service contracts subject to the SCA and (c) The U.S. Department of Labor is
DBA. Thus, the rule will streamline and responsible for the administration and
52.222–49, Service Contract Act-Place of
improve the internal operating enforcement of the Occupational Safety
Performance Unknown, is revised to
procedures of the Government. The rule and Health Act. The Department of
make conforming changes to FAR
will not have a significant cost or Labor’s Wage and Hour Division is
references; and Standard Forms 98, 98a
administrative impact on contractors or responsible for administration and
and 99 are deleted from FAR Part 53 in
offerors. However, pursuant to Public enforcement of numerous wage and
their entirety. hour statutes including Davis-Bacon and
Law 98–577 and FAR 1.501, the
This is not a significant regulatory Councils will consider public comments Related Acts, McNamara-O’Hara Service
action and, therefore, is not subject to received in response to this interim rule Contract Act, Walsh-Healey Public
rwilkins on PROD1PC63 with RULES_3

review under Section 6(b) of Executive in the formation of the final rule. Contracts Act, Copeland Act, and
Order 12866, Regulatory Planning and Contract Work Hours and Safety
Review, dated September 30, 1993. The List of Subjects in 48 CFR Parts 22, 47, Standards Act. Contracting officers
rule is not a major rule under 5 U.S.C. 52, and 53 should contact the Wage and Hour
804. Government procurement. Division’s regional offices when

VerDate Aug<31>2005 17:14 Jun 27, 2006 Jkt 208001 PO 00000 Frm 00011 Fmt 4701 Sfmt 4700 E:\FR\FM\28JNR3.SGM 28JNR3
36932 Federal Register / Vol. 71, No. 124 / Wednesday, June 28, 2006 / Rules and Regulations

required by the subparts relating to notifying the Department of Labor. opening to notify the prospective
these statutes unless otherwise When necessary, a request for a general bidders. * * *
specified. Addresses for these offices wage determination may be made by (2) All written actions modifying
may be found at 29 CFR 1, Appendix B. submitting Standard Form (SF) 308, wage determinations received by the
■ 5. Amend section 22.404–1 by Request for Determination and Response contracting agency after bid opening, or
revising paragraph (a) to read as follows: to Request (see 53.301–308), to the modifications to general wage
Administrator, Wage and Hour Division, determinations published on the WDOL
22.404–1 Types of wage determinations.
Attention: Branch of Construction after bid opening, shall not be effective
(a) General wage determinations. (1) Contract Wage Determinations, 200 and shall not be included in the
A general wage determination contains Constitution Avenue, NW, Washington, solicitation (but see paragraph (b)(6) of
prevailing wage rates for the types of DC 20210. this subsection).
construction designated in the (b) Project wage determinations. If a
determination, and is used in contracts * * * * *
general wage determination is not (6) If an award is not made within 90
performed within a specified available on WDOL, a contracting days after bid opening, any modification
geographical area. General wage agency shall submit requests for project to a general wage determination which
determinations contain no expiration wage determinations on SF 308 to the is published on the WDOL before
date and remain valid until modified, Department of Labor. * * * award, shall be effective for any
superseded, or canceled by the
* * * * * resultant contract unless an extension of
Department of Labor. Once incorporated
■ 7. Amend section 22.404–6 by— the 90–day period is obtained from the
in a contract, a general wage
■ a. Revising paragraph (a)(3); Administrator, Wage and Hour Division.
determination normally remains
■ b. Revising paragraph (b)(1)(i), the An agency head may request such an
effective for the life of the contract,
first sentence of (b)(1)(ii), (b)(2), and the extension from the Administrator. * * *
unless the contracting officer exercises
first and second sentences of (b)(6); (c) * * *
an option to extend the term of the (1) All written actions modifying
contract (see 22.404–12). These ■ c. Revising paragraph (c)(1); and
■ d. Revising paragraph (d)(1)(ii). wage determinations received by the
determinations shall be used whenever contracting agency before contract
possible. They are issued at the ■ The revised text reads as follows:
award, or modifications to general wage
discretion of the Department of Labor 22.404–6 Modifications of wage determinations published on the WDOL
either upon receipt of an agency request determinations. before award, shall be effective.
or on the Department of Labor’s own
(a) General. * * * * * * * *
initiative.
(2) General wage determinations are (3) The need for inclusion of the (d) * * *
published on the WDOL website. modification of a general wage (1) * * *
General wage determinations are determination for the primary site of the (ii) The Department of Labor
effective on the publication date of the work in a solicitation is determined by publishes the modification to a general
wage determination or upon receipt of the date the modified wage wage determination on the WDOL
the wage determination by the determination is published on the before exercise of the option.
contracting agency, whichever occurs WDOL, or by the date the agency * * * * *
first. ‘‘Publication’’ within the meaning receives actual written notice of the
modification from the Department of 22.608 [Amended]
of this section shall occur on the first
date the wage determination is Labor, whichever occurs first. (Note the ■ 8. Amend section 22.608 by removing
published on the WDOL. Archived distinction between receipt by the from the parenthetical in paragraph (b)
Davis-Bacon Act general wage agency (modification is effective) and ‘‘22.609’’ and adding ‘‘29 CFR part 1,
determinations that are no longer receipt by the contracting officer, which Appendix B’’ in its place.
current may be accessed in the may occur later.) During the course of
22.609 [Removed and Reserved]
‘‘Archived DB WD’’ database on WDOL the solicitation, the contracting officer
shall monitor the WDOL website to ■ 9. Remove and reserve section 22.609.
for information purposes only.
Contracting officers may not use an determine whether the applicable wage 22.1001 [Amended]
archived wage determination in a determination has been revised.
■ 10. Amend section 22.1001 by
contract action without obtaining prior Revisions published on the WDOL
removing the definition ‘‘Notice’’.
approval of the Department of Labor. To website or otherwise communicated to ■ 11. Amend 22.1002–3 by revising
obtain prior approval, contact the the contracting officer within the paragraph (b) to read as follows:
Department of Labor, Wage and Hour timeframes prescribed at 22.404–6(b)
Division, using http://www.dol.gov/esa, and (c) are applicable and must be 22.1002–3 Wage determinations based on
or contact the procurement agency labor included in the resulting contract. collective bargaining agreements.
advisor listed on http://www.wdol.gov. Monitoring can be accomplished by use * * * * *
of the WDOL website’s ‘‘Alert Service’’. (b) Paragraphs in this Subpart 22.10
* * * * *
(b) * * * which deal with this statutory
■ 6. Amend section 22.404–3 by
revising paragraph (a); and the (1) * * * requirement and the Department of
paragraph heading and the first sentence (i) It is received by the contracting Labor’s implementing regulations are
of the introductory text of paragraph (b) agency, or is published on the WDOL, 22.1010, concerning notification to
to read as follows: 10 or more calendar days before the date contractors and bargaining
of bid opening; or representatives of procurement dates;
22.404–3 Procedures for requesting wage (ii) It is received by the contracting 22.1012–2, explaining when a collective
rwilkins on PROD1PC63 with RULES_3

determinations. agency, or is published on the WDOL, bargaining agreement will not apply due
(a) General wage determinations. If less than 10 calendar days before the to late receipt by the contracting officer;
there is a general wage determination on date of bid opening, unless the and 22.1013 and 22.1021, explaining
the WDOL website applicable to the contracting officer finds that there is not when the application of a collective
project, the agency may use it without reasonable time available before bid bargaining agreement can be challenged

VerDate Aug<31>2005 17:14 Jun 27, 2006 Jkt 208001 PO 00000 Frm 00012 Fmt 4701 Sfmt 4700 E:\FR\FM\28JNR3.SGM 28JNR3
Federal Register / Vol. 71, No. 124 / Wednesday, June 28, 2006 / Rules and Regulations 36933

due to a variance with prevailing rates (d) Although the WDOL website paragraph (e) as (e)(1); and adding
or lack of arm’s length bargaining. provides assistance to the contracting paragraph (e)(2); and
agency to select the correct wage ■ e. Revising the introductory text of
22.1003–4 [Amended] determination, the contracting agency paragraph (g).
■ 12. Amend section 22.1003–4 at remains responsible for the wage ■ The revised text reads as follows:
paragraph (b)(4)(ii)(D) by removing determination selected. If the
‘‘22.1006(e)’’ and adding ‘‘22.1006(d)’’ contracting agency has used the e98 22.1008–2 Section 4(c) successorship with
in its place. incumbent contractor collective bargaining
process, the Department of Labor will agreement.
22.1004 [Amended] respond to the contracting agency based
on the information provided on the e98. (a) * * * The contracting officer shall
■ 13. Amend section 22.1004 at determine whether there is a
The contracting agency may rely upon
paragraph (b) by removing ‘‘29 CFR part predecessor contract covered by the Act
the Department of Labor response as the
4, subpart B’’ and inserting ‘‘29 CFR part and, if so, whether the incumbent prime
correct wage determination for the
4, subparts A and B’’ in its place. contractor or its subcontractors and any
contract.
(e) To obtain the applicable wage of their employees have a collective
22.1006 [Amended]
determination for each contract action, bargaining agreement.
■ 14. Amend section 22.1006 by
the contracting officer shall determine * * * * *
removing and reserving paragraph (d);
the following information concerning (d)(1) * * *
and in paragraph (e)(1) by adding ‘‘—
the service employees expected to be (2) If the contracting officer has timely
Contractor Certification’’ following
employed by the contractor and any received the collective bargaining
‘‘Provisions’’.
■ 15. Amend section 22.1007 by subcontractors in performing the agreement, the contracting officer may
revising the section heading and the contract: use the WDOL website to prepare a
introductory paragraph; and by (1) Determine the classes of service wage determination referencing the
removing the parenthetical from the end employees to be utilized in performance agreement and incorporate that wage
of paragraph (c)(2). The revised text of the contract using the Wage and Hour determination, attached to a complete
reads as follows: Division’s Service Contract Act copy of the collective bargaining
Directory of Occupations (Directory). agreement, into the successor contract
22.1007 Requirement to obtain wage The Directory can be found on WDOL’s action. In using the WDOL process, it is
determinations. Library Page, and is for sale by the not necessary to submit a copy of the
The contracting officer shall obtain Superintendent of Documents, U.S. collective bargaining agreement to the
wage determinations for the following Government Printing Office. Department of Labor unless requested to
service contracts: (2) Determine the locality where the do so.
* * * * * services will be performed (see (3) The contracting officer may also
■ 16. Revise sections 22.1008 and 22.1009). use the e98 process on WDOL to request
22.1008–1 to read as follows: (3) Determine whether Section 4(c) of that the Department of Labor prepare
the Act applies (see 22.1008–2, 22.1010 the cover wage determination. The
22.1008 Procedures for obtaining wage and 22.1012–2). Department of Labor’s response to the
determinations. (4) Determine the wage rate that e98 may include a request for the
22.1008–1 Obtaining wage determinations. would be paid each class if employed by contracting officer to submit a complete
the agency and subject to the wage copy of the collective bargaining
(a) Contracting officers may obtain
provisions of 5 U.S.C. 5341 and/or 5332 agreement. Any questions regarding the
most prevailing wage determinations
(see 22.1016). applicability of the Act to a collective
using the WDOL website. Contracting
(f) If the contracting officer has bargaining agreement should be directed
officers may also use the Department of
questions regarding the procedures for to the agency labor advisor.
Labor’s e98 electronic process, located
obtaining a wage determination, or (e)(1) * * *
on the WDOL website, to request a wage
questions regarding the selection of a (2) If the contracting officer’s review
determination directly from the
wage determination, the contracting (see 22.1013) indicates that monetary
Department of Labor. If the WDOL
officer should request assistance from provisions of the collective bargaining
database does not contain the applicable
the agency labor advisor. agreement may be substantially at
prevailing wage determination for a
variance or may not have been reached
contract action, the contracting officer 22.1008–2 [Removed] as a result of arm’s length bargaining,
must use the e98 process to request a
22.1008–3 [Redesignated as 22.1008–2] the contracting officer shall immediately
wage determination from the
contact the agency labor advisor to
Department of Labor. ■ 17a. Remove section 22.1008–2 and
(b) In using the e98 process to obtain consider if further action is warranted.
redesignate 22.1008–3 as 22.1008–2.
prevailing wage determinations, ■ 17b. In addition to the amendment * * * * *
contracting officers shall provide as above, amend the newly designated (g) If the collective bargaining
complete and accurate information on section 22.1008–2 by— agreement does not apply to all service
the e98 as possible. Contracting officers ■ a. Revising the second sentence of employees under the contract, the
shall ensure that the email address paragraph (a); contracting officer shall access WDOL to
submitted on an e98 request is accurate. ■ b. Amending paragraphs (c)(2)(i)(A) obtain the prevailing wage
(c) The contracting officer must and (B) by removing ‘‘22.1012–3’’ and determination for those service
anticipate the amount of time required adding ‘‘22.1012–2’’ in its place; employee classifications that are not
to gather the information necessary to ■ c. Redesignating paragraph (d) as covered by the collective bargaining
rwilkins on PROD1PC63 with RULES_3

obtain a wage determination, including (d)(1) and removing the last sentence of agreement. The contracting officer shall
sufficient time, if necessary, to contact the paragraph; and adding paragraphs separately list in the solicitation and
the Department of Labor to request wage (d)(2) and (d)(3); contract the service employee
determinations that are not available ■ d. Redesignating paragraphs (e)(1) and classifications—
through use of the WDOL. (2) as (e)(i) and (e)(ii), respectively, and * * * * *

VerDate Aug<31>2005 17:14 Jun 27, 2006 Jkt 208001 PO 00000 Frm 00013 Fmt 4701 Sfmt 4700 E:\FR\FM\28JNR3.SGM 28JNR3
36934 Federal Register / Vol. 71, No. 124 / Wednesday, June 28, 2006 / Rules and Regulations

22.1008–4 through 22.1008–7 [Removed] (c) The procedures in 14.304 shall (i) For purposes of using WDOL, the
■ 18. Remove sections 22.1008–4 apply to late receipt of offerors’ requeststime of receipt by the contracting agency
through 22.1008–7. for wage determinations for additional shall be the first day of publication of
■ 19. Revise sections 22.1009–3 and places of performance. However, late the revised prevailing wage
22.1009–4 to read as follows: receipt of an offeror’s request for a wage determination on the website.
determination for additional places of (ii) For purposes of using the e98
22.1009–3 All possible places of performance does not preclude the
performance identified. process, the time of receipt by the
offeror’s competing for the proposed
(a) If the contracting officer can contracting agency shall be the date the
acquisition.
identify all the possible places or areas agency receives actual notice of a new
(d) If the contracting officer receives
of performance (even though the actual or revised prevailing wage
any timely requests for wage
place of performance will not be known determination from the Department of
determinations for additional places of
until the successful offeror is chosen), performance the contracting officer Labor as an e98 response.
the contracting officer shall obtain a shall— (2) In selecting a prevailing wage
wage determination for each locality (1) Obtain wage determinations for determination from the WDOL website
where services may be performed (see the additional places of performance; for use in a solicitation or other contract
22.1008). and action, the contracting officer shall
(b) If the contracting officer (2) Amend the solicitation to include monitor the WDOL website to determine
subsequently learns of any potential all wage determinations and, if whether the applicable wage
offerors in previously unidentified necessary, extend the time for determination has been revised.
places before the closing date for submission of final offers. Revisions published on the WDOL
submission of offers, the contracting
(e) If the successful offeror did not website or otherwise communicated to
officer shall—
make a timely request for a wage the contracting officer within the
(1) Obtain wage determinations for
determination and will perform in a timeframes prescribed at 22.1012–1(b)
the additional places of performance
place of performance for which the and (c) are effective and must be
and amend the solicitation to include all
contracting officer therefore did not included in the resulting contract.
wage determinations. If necessary, the
request a wage determination, the Monitoring can be accomplished by use
contracting officer shall extend the time
contracting officer shall— of the WDOL website’s ‘‘Alert Service’’.
for submission of final offers; and
(2) Follow the procedures in 22.1009– (1) Award the contract;
(b) The following shall apply when
4. (2) Obtain a wage determination; and
contracting by sealed bidding: a revised
(3) Incorporate the wage
prevailing wage determination shall not
22.1009–4 All possible places of determination in the contract,
performance not identified. be effective if it is received by the
retroactive to the date of contract award
contracting agency less than 10 days
If the contracting officer believes that and with no adjustment in contract
before the opening of bids, and the
there may be offerors interested in price, pursuant to the clause at 52.222–
49, Service Contract—Place of contracting officer finds that there is not
performing in unidentified places or
areas, the contracting officer may use Performance Unknown. reasonable time to incorporate the
the following procedures: revision in the solicitation.
22.1010 [Amended] (c) For contractual actions other than
(a) Include the following information
in the synopsis and solicitation: ■ 20. Amend section 22.1010 by sealed bidding, a revised prevailing
(1) That the place of performance is removing from paragraph (b) ‘‘22.1012– wage determination received by the
unknown. 3(a)’’ and adding ‘‘22.1012–2(a)’’ in its contracting agency after award of a new
(2) The possible places or areas of place. contract or a modification as specified
performance that the contracting officer in 22.1007(b) shall not be effective
22.1011 through 22.1011–2 [Removed and
has already identified. Reserved] provided that the start of performance is
(3) That the contracting officer will within 30 days of the award or the
■ 21. Remove and reserve section
obtain wage determinations for specified modification. If the contract
additional possible places of 22.1011, which consists of 22.1011–1
and 22.1011–2. does not specify a start of performance
performance if asked to do so in writing. date which is within 30 days of the
(4) The time and date by which ■ 22. Revise sections 22.1012 and
22.1012–1 to read as follows: award or the specified modification, and
offerors must notify the contracting if contract performance does not
officer of additional places of 22.1012 Applicability of revisions to wage commence within 30 days of the award
performance. determinations. or the specified modification, any
(b) Include the information required
by paragraphs (a)(2) and (a)(4) of this 22.1012–1 Prevailing wage determinations. revision received by the contracting
agency not less than 10 days before
section in the clause at 52.222–49, (a)(1) The Wage and Hour
commencement of the work shall be
Service Contract Act-Place of Administrator may issue revisions to
effective.
Performance Unknown (see 22.1006(f)). prevailing wage determinations
The closing date for receipt of offerors’ periodically. The need for inclusion of (d) If the contracting officer has
requests for wage determinations for a revised prevailing wage determination submitted an e98 to the Department of
additional possible places of in a solicitation, contract or contract Labor requesting a prevailing wage
performance should allow reasonable modification (see 22.1007) is determination and has not received a
time for potential offerors to review the determined by the date of receipt of the response within 10 days, the contracting
rwilkins on PROD1PC63 with RULES_3

solicitation and determine their interest revised prevailing wage determination officer shall contact the Wage and Hour
in competing. Generally, 10 to 15 days by the contracting agency. (Note the Division by telephone to determine
from the date of issuance of the distinction between receipt by the when the wage determination can be
solicitation may be considered a agency and receipt by the contracting expected. (The telephone number is
reasonable period of time. officer which may occur later.) provided on the e98 website.)

VerDate Aug<31>2005 17:14 Jun 27, 2006 Jkt 208001 PO 00000 Frm 00014 Fmt 4701 Sfmt 4700 E:\FR\FM\28JNR3.SGM 28JNR3
Federal Register / Vol. 71, No. 124 / Wednesday, June 28, 2006 / Rules and Regulations 36935

22.1012–2 [Removed] latest date needed to maintain the ■ 29. Amend section 52.222–48 by
acquisition schedule, the contracting revising the section and clause headings
22.1012–3 [Redesignated as 22.1012–2]
officer shall incorporate the collective as set forth below.
22.1012–4 and 22.1012–5 [Removed] bargaining agreement itself in a
solicitation or other contract action (e.g., 52.222–48 Exemption from Application of
■ 23a. Remove sections 22.1012–2, Service Contract Act Provisions—
22.1012–4 and 22.1012–5; and exercise of option) and include a wage Contractor Certification.
redesignate 22.1012–3 as 22.1012–2. determination referencing that
collective bargaining agreement created * * * * *
■ 23b. In addition to the amendment
EXEMPTION FROM APPLICATION OF
above, revise the redesignated section by use of the WDOL website (see SERVICE CONTRACT ACT PROVISIONS—
22.1012–2 to read as follows: 22.1008–2(d)(2)). CONTRACTOR CERTIFICATION (JUN 2006)
■ 24. Revise section 22.1014 to read as
22.1012–2 Wage determinations based on * * * * *
follows:
collective bargaining agreements.
52.222–49 [Amended]
(a) In sealed bidding, a new or 22.1014 Delay over 60 days in bid opening
changed collective bargaining agreement or commencement of work. ■ 30. Amend section 52.222–49 by
shall not be effective under section 4(c) If a wage determination was obtained removing from the introductory text
of the Act if the contracting agency has through the e98 process, and bid ‘‘and 22.1009–4(c)’’.
received notice of the terms of the new opening, or commencement of work PART 53—FORMS
or changed collective bargaining under a negotiated contract has been
agreement less than 10 days before bid delayed, for whatever reason, more than 53.222 [Amended]
opening and the contracting officer 60 days from the date indicated on the ■ 31. Amend section 53.222 by
determines that there is not reasonable previously submitted e98, the removing ‘‘99,’’ from the section
time to incorporate the new or changed contracting officer shall submit a new heading; and removing and reserving
terms of the collective bargaining e98. Any revision of a wage paragraph (b).
agreement in the solicitation. determination received by the
(b) For contractual actions other than contracting agency as a result of that 53.301 [Amended]
sealed bidding, a new or changed communication shall supersede the ■ 32. Remove sections 53.301–98,
collective bargaining agreement shall earlier response as the wage 53.301–98a, and 53.301–99.
not be effective under section 4(c) of the determination applicable to the [REMOVE SF’S 98, 98A AND 99]
Act if notice of the terms of the new or particular acquisition subject to the time
changed collective bargaining agreement [FR Doc. 06–5708 Filed 6–27–06; 8:45 am]
frames in 22.1012–1(b) and (c).
is received by the contracting agency BILLING CODE 6820–EP–S
after award of a successor contract or a 22.1017 [Removed and Reserved]
modification as specified in 22.1007(b), ■ 25. Remove and reserve section
provided that the contract start of 22.1017. DEPARTMENT OF DEFENSE
performance is within 30 days of the
PART 47—TRANSPORTATION GENERAL SERVICES
award of the contract or of the specified
ADMINISTRATION
modification. If the contract does not
■ 26. Amend section 47.202 by revising
specify a start of performance date
paragraph (a) to read as follows: NATIONAL AERONAUTICS AND
which is within 30 days of the award of
SPACE ADMINISTRATION
the contract or of the specified 47.202 Presolicitation planning.
modification, or if contract performance * * * * * 48 CFR Parts 25 and 52
does not commence within 30 days of (a) The Service Contract Act of 1965
the award of the contract or of the (SCA) requirement to obtain a wage [FAC 2005–10; FAR Case 2006–006; Item
specified modification, any notice of the determination by accessing the Wage V; Docket 2006–0020, Sequence 10]
terms of a new or changed collective Determination OnLine website (http:// RIN 9000–AK49
bargaining agreement received by the www.wdol.gov) using the WDOL process
agency not less than 10 days before or by submitting a request directly to the Federal Acquisition Regulation; FAR
commencement of the work shall be Department of Labor on this website Case 2006–006, Free Trade
effective for purposes of the successor using the e98 process before the Agreements—El Salvador, Honduras,
contract under section 4(c) of the Act. issuance of an invitation for bid, request and Nicaragua
(c) The limitations in paragraphs (a) for proposal, or commencement of
and (b) of this subsection shall apply negotiations for any contract exceeding AGENCIES: Department of Defense (DoD),
only if timely notification required in $2,500 that may be subject to the SCA General Services Administration (GSA),
22.1010 has been given. (see Subpart 22.10); and National Aeronautics and Space
(d) If the contracting officer has Administration (NASA).
submitted an e98 to Department of * * * * *
ACTION: Interim rule with request for
Labor requesting a wage determination PART 52—SOLICITATION PROVISIONS comments.
based on a collective bargaining AND CONTRACT CLAUSES
agreement and has not received a SUMMARY: The Civilian Agency
response from the Department of Labor 52.212–5 [Amended] Acquisition Council and the Defense
within 10 days, the contracting officer ■ 27. Amend section 52.212–5 by Acquisition Regulations Council
shall contact the Wage and Hour revising the date of the clause to read (Councils) have agreed on an interim
Division by telephone to determine ‘‘(JUN 2006)’’; and by removing rule amending the Federal Acquisition
rwilkins on PROD1PC63 with RULES_3

when the wage determination can be paragraph (c)(5). Regulation (FAR) to implement the
expected. (The telephone number is Dominican Republic-Central America-
provided on the e98 website.) If the 52.222–47 [Removed and Reserved] United States Free Trade Agreement
Department of Labor is unable to ■ 28. Remove and reserve section with respect to El Salvador, Honduras,
provide the wage determination by the 52.222–47. and Nicaragua.

VerDate Aug<31>2005 17:14 Jun 27, 2006 Jkt 208001 PO 00000 Frm 00015 Fmt 4701 Sfmt 4700 E:\FR\FM\28JNR3.SGM 28JNR3