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jimmym

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  1. FFP. Clauses 52.222-41, 52.222-42 and 52.222-43 are included. The contractor believes they are entitled to an increase based on the difference in the labor rate for the labor category from the first to the second wage determination.
  2. Scenario: A 5-year IDIQ contract is awarded on 1/30/2021 which is subject to the services contract act and includes the current wage determination for the county in which all work is being performed. All work is performed at one location; however, the location has many buildings. The unit pricing is based on square footage of the buildings. There is only one labor category which is performing all the work. On the same day as award of the IDIQ contract, a task order is issued for buildings 1-12 for a 1-year period of performance. One year later, on 1/30/2022, a task order is issued for buildings 13-24 for a 1-year period of performance which includes the current wage determination. The labor rate has increased since the wage determination include don the IDIQ contract. Following this, the contractor submits a request for equitable adjustment due to the increased labor rate in the wage determination and provides payroll information from the previous year. Questions: 1. Should the CO grant the request for equitable adjustment? 2. If the request is appropriate, and an increase is determined, how should the increase be applied? By modification to the first task order, the second task order, or the IDIQ contract?
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