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SarahH

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About SarahH

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  1. In response to Boof, is the new contractor required to pay the CBA rates even if they were never incorporated into the previous contract?
  2. The CO determined it unreasonable as it was almost 30% higher than the prevailing wage rates in the area. Unfortunately, I did not state that quotes would be evaluated for price realism. However, since the RFQ has to be amended (based on a protest from the incumbent that the specifications were incorrect) anyway, I was thinking of adding some language about price realism in Section M.
  3. Yes, the contract is subject to the SCA and we included the prevailing wage rates for the local area in the RFQ. However, if the incumbent contractor is locked into a CBA for a certain amount of time, it would seem necessary for them to quote prices in consideration of the agreement they already have in place. The RFQ was done in haste and an LPTA methodology was selected so it is likely the incumbent will be the lowest-price, technically acceptable quoter. The problem, I think, is that when we make the determination of price fair and reasonableness, can we really do so knowing that the incumbent's pricing isn't realistic?
  4. Scenario: The agency is procuring custodial and other related services (which are recurring) from the Federal Supply Schedule. The incumbent contractor's option was not exercised since the collective bargaining agreement (CBA) they entered into with the union (for a period of 4 years) was found to be unreasonable by the Contracting Officer. Unfortunately, the CO missed the window (see FAR 22.1021(d)(2)) for requesting a substantial variance hearing from the Dept. of Labor; however, the CBA has never been incorporated into the contract and the contractor has since filed a claim. They are still performing services under the Option to Extend Services while the new contract is being competed. Since the CBA was not incorporated into the present contract, it was not provided to the other quoters in the solicitation. The incumbent has also submitted a price quote in response to the RFQ. Their pricing has been reviewed and it is very clear that the CBA rates have not been included in the price quote. The question is whether or not the incumbent is required to consider/include pricing based on the CBA they currently have in place as it would be more realistic. Thanks in advance for any insight you can provide!
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