CBA For New Contract

[chucky]

Background: My company is considering bidding on a re-compete of an Air Force contract (C-17 Aircrew Training). The present contract with Boeing is not a Services Contract Act (SCA) contract. The new contract will be SCA. Boeing just negotiated several CBAs with the union on their present contract.

Question: Does the PCO have an obligation to provided these Boeing CBAs to prospective bidders during the bidding process as the Wage Determinations for the new contract? If so, what requires the inclusion of the CBAs as the WDs for the new contract?

[Navy_Contracting_4]

I recommend you read FAR Subpart 22.10, and particularly 22.1002-3, Wage determinations based on collective bargaining agreements, and 22.1008-2, Section 4(c ) successorship with incumbent contractor collective bargaining agreement.

[chucky]

I recommend you read FAR Subpart 22.10, and particularly 22.1002-3, Wage determinations based on collective bargaining agreements, and 22.1008-2, Section 4(c ) successorship with incumbent contractor collective bargaining agreement.

Yes, but these references only apply if the predecessor contract was an SCA contract, is that not the case? Our problem is that the predecessor contract IS NOT SCA. As of now, the PCO says he will not publish the CBA with the RFP so our company is stuck bidding CBA wages and other bidders will propose lower SCA wages. How do I convince the PCO that he must publish the CBA as the WD for the new contract?

[Guest carl r culham]

chucky - First and foremost thought is that you should direct the matter to the Department of Labor (DOL) if you feel the CO's decision is not appropriate.

Now some other thoughts that you should not take as gospel but that may help.

On DOL's Wage Determination On-Line website found here http://www.wdol.gov/ when requesting a wage determination under Service Contract Act (SCA) when you "check" the box that SCA did not apply to the predecessor contract then there is no requirement to enter a CBA. This suggests strongly to me that the CO's position is most likely correct as the DOL process does not require the CO to take into account the now CBA since the previous contract was not SCA.

However the website also provides further reference of DOL regulation and policy on the issue of CBA which in part can be found here http://www.wdol.gov/usrguide/sectionb.aspx See Section 5.b for a start.

In total maybe this will help but again I suggest that you should be discussing your concerns with the DOL.