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tguns posted a topic in Contract AdministrationIs the government responsible to reimburse the contractor for all costs specifically contained in a Collective Bargaining Agreement (CBA)? Specifically, the CBA in question states "the employer agrees to furnish the employees five (5) work uniform shirts annually, to be worn during working hours while on duty." Our contract, which is for warehouse services does not require any type of uniform to be worn.
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!