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jjpaci

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This has been a very helpful thread. I have a few questions related to this topic.

Background: We were awarded an IDIQ in September of 2012 that had the then current SCA wages attached. In June of this year there was an SCA change in rates. According to FAR 52.222.43 (thanks for leading me to this) "The wage determination, issued under the Service Contract Act of 1965, as amended (41 U.S.C. 351, et seq.), by the Administrator, Wage and Hour Division, Employment Standards Administration, U.S. Department of Labor, current on the anniversary date of a multiple year contract or the beginning of each renewal option period, shall apply to this contract." Our subcontractor is asking us to get a mod to increase the rates.

Question 1) It would seem that until an option is renewed, we are stuck with SCA wages from Sept. 2012. Correct? But the subcontractor must pay the employee the new rates. Who is stuck with the differential amount, the subcontractor or the Prime?

Question 2) When our Option is renewed in a month, we can ask that the new rates be incorporated. Correct?

Question 3) We have FAR 52.222-41 in our contract, but not FAR 52.222.43. So does all of the above still apply?

I'd value your replies.

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What type of orders are issued under your contract, e.g., cost reimbursement, FFP, T&M? Why would your subcontractor be required to pay its employees now under the revised WD?

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Retread:

If you send me your email address via Wifcon private message, I'll send you copies of the decisions.

Vern

Vern, I tried sending you my e-mail address but got a message that you cannot recieve any more messages.

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