Contractor has a number of non-competitive (JWOD) service contracts, each with a different agency. Employees providing direct services are covered by SCA, but on-site managers’ wages are not set by the SCA. When each contract is entered (and at each follow on year) wages for managers are provided by contractor to CO. Manager’s wage is different for each contract. Managers move around, leave, new ones are hired (sometimes for lower wage). The result is that some managers are being paid more than the wage most recently provided to CO (which I’m sure the government doesn’t mind), but others are now being paid less than what we told the CO was the wage for that position.
Is this a violation of any law/FAR? Can someone identify specifically the law/FAR it violates?
What if the multi-year contract provides a formula for annual increases (such as most recent Wage Determination for SCA positions plus 2% for everything else), and the manager’s wage was accurate at the time the contract was entered but has changed after the contract was entered? Does the fact that every year contractor includes in the pricing info given to the CO at the renewal that same wage (that is no longer the wage being paid to the person in that position) create a problem?
Thanks for your help.