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  <FDSYS>
    <CFRTITLE>48</CFRTITLE>
    <CFRTITLETEXT>Federal Acquisition Regulations System</CFRTITLETEXT>
    <VOL>1</VOL>
    <DATE>2002-10-01</DATE>
    <ORIGINALDATE>2002-10-01</ORIGINALDATE>
    <COVERONLY>false</COVERONLY>
    <TITLE>Response to timely submission of Notice-no collective bargaining agreement.</TITLE>
    <GRANULENUM>22.1012-2</GRANULENUM>
    <HEADING>Section 22.1012-2</HEADING>
    <ANCESTORS>
      <PARENT HEADING="Title 48" SEQ="4">Federal Acquisition Regulations System</PARENT>
      <PARENT HEADING="CHAPTER 1" SEQ="3">FEDERAL ACQUISITION REGULATION</PARENT>
      <PARENT HEADING="SUBCHAPTER D" SEQ="2">SOCIOECONOMIC PROGRAMS</PARENT>
      <PARENT HEADING="PART 22" SEQ="1">APPLICATION OF LABOR LAWS TO GOVERNMENT ACQUISITIONS</PARENT>
      <PARENT HEADING="Subpart 22.10" SEQ="0">Service Contract Act of 1965, as Amended</PARENT>
    </ANCESTORS>
  </FDSYS>
  <SECTION>
    <SECTNO>22.1012-2</SECTNO>
    <SUBJECT>Response to timely submission of Notice—no collective bargaining agreement.</SUBJECT>
    <P>(a) If the contracting officer has not received a response from the Department of Labor within 60 days (or 30 days if a nonrecurring or unknown requirement), the contracting agency shall contact the Wage and Hour Division to determine when the wage determination or revision can be expected.</P>
    <P>(b) In sealed bidding, a revision of a wage determination shall not be effective if a collective bargaining agreement does not exist, the revision is received by the contracting agency less than 10 days before the opening of bids, and the contracting officer finds that there is not reasonable time to incorporate the revision in the solicitation.</P>

    <P>(c) For contractual actions other than sealed bidding where a collective bargaining agreement does not exist, a revision of a wage determination received by the contracting agency after award of a new contract or a modification as specified in 22.1007(b) shall not be effective provided that the start of performance is within 30 days of the award or the specified modification. If the contract does not specify a start of performance date which is within 30 days of the award or the specified <PRTPAGE P="438"/>modification, and if contract performance does not commence within 30 days of the award or the specified modification, the Department of Labor shall be notified and any revision received by the contracting agency not less than 10 days before commencement of the work shall be effective.</P>
    <P>(d) The limitations in paragraphs (b) and (c) of this subsection shall apply only if a timely Notice required in 22.1008-7 (a) and (b) has been submitted.</P>
  </SECTION>
</CFRGRANULE>
