Code of Federal Regulations Title 48. Federal Acquisition Regulations System 48.2.404-8 22.404–8 Notification of improper wage determination before award

(1) A solicitation includes the wrong wage determination or the wrong rate schedule;  or

(2) A wage determination is withdrawn by the Administrative Review Board.

(1) If the notification of an improper wage determination for the primary site of the work reaches the contracting officer before bid opening, the contracting officer shall postpone the bid opening date, if necessary, to allow a reasonable time to (i) obtain the appropriate determination if a new wage determination is required, (ii) amend the solicitation to incorporate the determination (or rate schedule), and (iii) permit bidders to amend their bids. If the appropriate wage determination does not change any wage rates and would not warrant amended bids, the contracting officer shall amend the solicitation to include the number and date of the new determination.

(2) If the notification of an improper wage determination for the primary site of the work reaches the contracting officer after bid opening but before award, the contracting officer shall delay awarding the contract, if necessary, and if required, obtain the appropriate wage determination. The appropriate wage determination shall be processed in accordance with 22.404–5(b)(2)(i) or (ii).