Which wage determination modification applies, and when rates change in the middle of a job

General wage determinations are revised often. The Department of Labor publishes a modification when a union agreement changes, a new survey comes in, or a non-union rate gets its inflation adjustment, which the 2023 rule allows no more often than every 3 years. On a job that runs a year or more, the determination may well be modified while you are working. Whether your rates change with it is set by 29 CFR 1.6.

The starting rule

Section 1.6(a)(1): once a wage determination is incorporated into a contract, it "generally applies for the duration of the contract or project." The number and modification attached at award are the ones your WH-347 is checked against until something in the contract changes. Reading the number and modification.

A revision counts from the date it is "issued." For a general wage determination that is the date it is published on SAM.gov. For a project wage determination it is the date the contracting agency gets written notice of it.

Before award: which modification gets locked in

A revision issued before contract award applies to the contract. That is the rule for negotiated contracts.

Sealed-bid contracts have their own timing under 1.6(c)(2)(ii):

• A revision issued at least 10 calendar days before bid opening applies.
• A revision issued fewer than 10 days before bid opening also applies, unless the agency finds there is not reasonable time left to notify bidders and puts a report of that finding in the contract file.
• A revision issued after bid opening does not apply, with one exception.
• The exception: if the contract is not awarded within 90 days after bid opening, any revision issued before award applies, unless the agency gets an extension of the 90 days from the Wage and Hour Division.

So on a sealed bid that sat 4 months before award, the determination in the bid package may not be the one in the contract. Check the contract itself.

After award: when a newer modification comes in

A revision issued after award does not apply to that contract, with 2 exceptions in 1.6(c)(2)(iii).

New scope or more time. If the contract or an order is changed to add substantial construction, alteration or repair work outside the original scope, or to require work for an additional period not originally obligated, the agency must include the most recent revision at the time of the change. Exercising an option to extend the term counts. Giving the contractor more time to finish the original commitment does not, and neither does merely incidental added work.

Open-ended contracts. Some contracts call for construction over a period of time without being tied to a particular project: indefinite-delivery, indefinite-quantity repair contracts at a federal facility, long-term operations and maintenance contracts with covered work, schedule contracts and blanket purchase agreements. On these, the agency must incorporate the most recent revision on each anniversary of award, unless the Department has approved another process in writing. The updated determination applies to work that begins or is obligated in the 12 months after that anniversary, until that work is finished, even past the 12 months.

Task orders under such a contract must include the updated determination, and keep it for the life of the order unless the order adds substantial out-of-scope work or exercises an option. When a contract has both features, the determination is updated at each option and each anniversary, and the date an option is exercised becomes the new anniversary date.

The 2023 rule and the annual update

The current text of 1.6(c)(2)(iii) comes from the 2023 rule. The Department's FAQ on the rule says it "codifies the Department's interpretation" that agencies must incorporate the current determination annually into indefinite-quantity contracts and other contracts for work not tied to a particular project.

The federal court judgment of June 24, 2026 vacated 3 provisions of the 2023 rule: truck-driver coverage, the material-supplier definition, and the provision applying the clauses by operation of law. The wage determination update rules in 1.6(c) were not among them and stand. The 2023 rule.

Corrections are different from modifications

Two kinds of change reach back to the start of the job.

Clerical errors. Under 1.6(d) the Department may correct a clerical error in a determination at any time, and the correction applies to ongoing contracts retroactive to the start of construction.

The wrong determination. If the contract was awarded with the wrong determination, or without one, the agency must put the correct one in when the Department asks or on its own initiative under 1.6(f). Unless the Department directs otherwise, the correct determination applies from the date of award. Where a missing determination is added, the contractor is compensated for the wage increases that result. Back wages for the earlier weeks may be owed to the workers.

When the prime or agency sends a newer determination

1. Ask what it is. A copy of a newer modification sent for information changes nothing. A contract modification that incorporates it does. Ask the prime, in writing, whether the prime contract was modified, which determination and modification it now carries, and the date the new rates take effect.
2. Ask what work it covers. On added scope, confirm with the prime whether the new rates apply to all remaining work or only to the added work, and get the answer in writing.
3. Compare rates trade by trade. For each classification you use, compare the new base and fringe with what you pay. If you already pay above the new minimum, nothing changes on the check. If you pay below it, raise the pay from the effective date.
4. Change the payroll header. From the effective week, put the new determination number and modification on the WH-347 so the reviewer checks against the right sheet.
5. Check earlier weeks. If the effective date is before the week you got the notice, as with a correction, pay the difference for the earlier weeks and file corrected payrolls. Correcting a payroll.
6. Keep the paper. File the modification and the prime's answer with the project records.

Reading the modification on the sheet

Each general determination on SAM.gov opens with its number and a date, then a table headed "Modification Number" and "Publication Date." The date at the top matches the latest modification's publication date. Compare those dates with your bid opening and award dates to see which modification should be in your contract. Every determination in force, with its modification history, is on the prevailing wage rate pages.

If you use CertifiedHours, uploading or looking up the newer modification on the job page shows each of your trades' rates side by side with the old ones before you accept the change.