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HeWolf

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  1. The actual question at play here was whether or not the BOA used by the prime contractor to arrange for services from the subcontractor was the appropriate place to incoporate the applicable SCA wage determination. There are frequently multiple BOA's with contractors providing similar services. These agreements do not commit either party to do anything. They simply create an arrangement under which the two parties may choose to do business. In some cases, long periods of time may pass with no task orders being issued. Subsequently, if the SCA WD is incoporated into the BOA the possibility exists for someone to become employed and paid hourly wages and H&W rates based on a WD that is several revisions old. In this instance, it is the task order and not the BOA that serves as the contract and the government's recommendation to the contractor was to incorporate the governing WD into the task orders. DOE submitted this question to the DOL, Wage and Hour Division. Their response was that the appropriate place to incoporate the WD is into the task orders.
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