FAR 22.404-6 Wage Determination Modifications: Bid Opening Walk-Through
For trade contractors bidding federal work, prevailing wage schedules dictate core labor estimates. Yet wage rates are not permanently frozen during procurement. The Department of Labor can modify a wage determination to make it current by specifying only the items being changed or by reissuing the entire determination with changes incorporated. Understanding how and when these modifications become effective under FAR 22.404-6 Modifications of wage determinations determines whether your bid can be adjusted, postponed, or locked in place.
The Hypothetical Solicitation: Setting the Baseline
Consider a hypothetical federal project where an interior subcontractor is preparing pricing for a prime contractor under sealed bidding. The solicitation includes a wage determination for the primary site of the work. During the procurement cycle, two different types of wage rates may come into play:
- General wage determinations: The need for inclusion is determined by the date the modified wage determination is published on Wage Determinations at SAM.gov, or by the date the agency receives actual written notice from the Department of Labor, whichever occurs first.
- Project wage determinations: All project wage determination modifications expire on the same day as the original determination. The need for inclusion is determined by the time of receipt by the contracting agency, which must annotate the modification with the date and time immediately upon receipt.
To follow how wage changes affect the bid, we examine what happens across distinct milestones in the procurement process, referencing concepts detailed in our guide to FAR 22.404-1 wage determinations.
Scenario 1: Modifications 10 or More Calendar Days Before Bid Opening
Suppose the Department of Labor publishes an updated wage rate on SAM.gov 10 or more calendar days before the date of bid opening. Under sealed bidding procedures, this modification is automatically effective.
When an effective modification for the primary site of the work is received by the contracting officer before bid opening, the contracting officer shall postpone the bid opening, if necessary. This postponement provides reasonable time to amend the solicitation and permits bidders to amend their bids. However, if the modification does not change the wage rates and would not warrant amended bids, the contracting officer shall amend the solicitation simply to include the number and date of the modification.
Scenario 2: Modifications Arriving Less Than 10 Calendar Days Before Bid Opening
Now suppose a revision is published or received less than 10 calendar days before the scheduled bid opening. In this circumstance, the modification is still effective unless the contracting officer makes a specific finding.
If the contracting officer finds that there is not reasonable time available before bid opening to notify prospective bidders, the modification is not effective for that bid opening. When this finding occurs, the contracting officer must place a written report of the finding in the contract file and make it available to the Department of Labor upon request. If that finding is not made, the modification remains effective, requiring an amendment and a potential postponement of the bid opening.
Scenario 3: Modifications Received After Bid Opening and the 90-Day Window
Assume bid opening concludes, and all tenders are unsealed. Under general rules for sealed bidding, all written actions modifying wage determinations received by the agency after bid opening, or modifications to general wage determinations published on SAM.gov after bid opening, shall not be effective and shall not be included in the solicitation.
However, a critical statutory exception applies if award is delayed. If an award is not made within 90 days after bid opening, any modification to a general wage determination published on SAM.gov before award shall be effective for the resultant contract. This applies unless an extension of the 90-day period is obtained from the Administrator, Wage and Hour Division. An agency head may request an extension, supported by a written finding stating that the extension is necessary and proper in the public interest to prevent injustice, undue hardship, or serious impairment of Government business.
Scenario 4: Contracting by Negotiation and Option Periods
Procurement methods change the timing rules. When contracting by negotiation, all written actions modifying wage determinations received by the contracting agency before contract award, or modifications to general wage determinations published on SAM.gov before award, shall be effective.
Different standards also govern contract extensions. When modifying a contract to exercise an option to extend the term, a modified wage determination is effective if:
- The contracting agency receives a written action from the Department of Labor prior to exercise of the option, or within 45 days after submission of a wage determination request, whichever is later; or
- The Department of Labor publishes the modification on SAM.gov before exercise of the option.
The contracting officer must incorporate the modified determination and changed rates effective as of the date the option to extend became effective.
Scenario 5: Effective Modifications Received After Contract Award
If an effective modification is received by the contracting officer after award, the contracting officer shall modify the contract to incorporate the wage modification retroactive to the date of award. Along with this retroactive incorporation, the contracting officer shall equitably adjust the contract price for any increased or decreased cost of performance resulting from changed wage rates.
If the post-award modification does not change wage rates and warrants no adjustment, the contract is modified solely to reflect the modification number and date. For trade contractors, tracking whether an adjustment qualifies under standard equitable adjustment principles mirrors strategies discussed in our overview of pricing change orders.
Sources
Source material for this regulatory walk-through is drawn from Acquisition.GOV FAR 22.404-6 Modifications of wage determinations.
Published October 30, 2026. No affiliate links on this page. Facts come from the sources linked above; check them for updates.