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Found 2 results

  1. Situation: Currently managing an IDIQ contract for Base Operation support. The contract as a separate IDIQ CLIN for Task Order. The Navy is issuing a Task Order this month with the current DB wage determination but the actual labor will not start until Oct 2014. The award was issued this FY for the ordering of long lead ODC/materials. - We added a condition in our proposal stating that if DoL modifies the current wage determination we are entitled to an adjustment. The contract type is FFP. - Navy said that in conversation with DoL, since this is a FFP contract they are not allowed to update the modified wage determination, if one is issued in FY 15. - Here is where I am struggling: FAR 22.404-6(c )(3) states is an effective wage modification is received by the CO, after award (that will be the case here), that the CO shall follow 22.404-6(B )(5). FAR 22.404-6(B )(5) states that if received after award the CO shall modify the contract to incorporate the wage determination retroactive. However, FAR 22.404-12(B ) if contract with option, the CO the wage determination incorporated into the contract at the exercise of the option - the WD will be effective for the complete period of performance. Additionally, DoL website state that once awarded the modification can not be incorporate. One final reference, DoL Memorandum No. 157, clarifies the application of Davis Bacon. Sorry for the long winded, but is the CO authorized not to change the Task Order even if when the option is exercised and a new wage determination is incorporated (modified). Thanks for the guidance.
  2. Good afternoon, Mr. Edwards: First, let me thank you in advance, for your assistance. This site is wonderful for getting another perspective on all things Federal Government contracting. Here is my question: Recently, the Department of Labor has been conducting an audit of the Service Contract Act to ensure we have been following appropriate procedures (i.e. paying correct wage and health and welfare). Last week, we received an amendment to modify a Blanket Purchase Agreement (BPA) through an amendment that retroactively incorporates the Wage Determination schedules for 2011 and 2012. What they are attempting to do is force our customer to have us sign the amendment so that we would be responsible for the wage differences and health and welfare from the inception of the contract. I have done a quick calculation and for the number of hours that we have put into the BPA calls, it would add up to a very large number. We would have never priced the contract as we did if this was an SCA contract and we stand to lose a significant amount of dollars if we were to accept this retroactively. Can you please tell me what recourse we may have. Thank you very much!
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