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lotus

Service Contract Act (SCA)

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There exists a BPA under a GSA schedule contract.  The BPA is task order driven, and there are several task orders, each with a base year and some option years.

The BPA does not include any wage determinations, and the task orders do not, either.  The GSA Schedule contract does.

The GSA schedule is refreshed, going from Refresh #30 to Refresh #31.  Refresh #31 incorporates new wage determinations.

When and under what conditions do new wage rates affect the existing task orders?

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Wage determinations are issued and incorporated into contracts for the place where services are to be performed, which is not necessarily where the contractor is located.  Thus, if an order is issued against the BPA for services subject to the SCA, that order should have a current wage determination attached to it.  In the case of an order that contains options, that wage determination would remain in effect until an option is exercised.  At that time, in accordance with FAR 22.1007, the contracting officer is required to obtain a new WD and incorporate it into the contract.  Once the option is exercised with the new WD, in accordance with FAR 52.222-43, the contractor is to comply with the new WD and is entitled to a price adjustment if it has to incur specified additional costs.

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So, since the orders do not have wage determinations attached to them, there is no SCA worry?  The wage determinations in the GSA schedule contract do not flow down to the orders?

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On ‎10‎/‎17‎/‎2018 at 9:22 AM, Retreadfed said:

Thus, if an order is issued against the BPA for services subject to the SCA, that order should have a current wage determination attached to it.

 

1 hour ago, lotus said:

So, since the orders do not have wage determinations attached to them, there is no SCA worry?  The wage determinations in the GSA schedule contract do not flow down to the orders?

Before this thread goes further I suggest a read of SCP-FSS-002 SPECIFIC PROPOSAL INSTRUCTIONS FOR

SERVICES (FEB 2016) which is a clause normally found in GSA FSS master/parent contracts.

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2 hours ago, lotus said:

So, since the orders do not have wage determinations attached to them, there is no SCA worry?  The wage determinations in the GSA schedule contract do not flow down to the orders?

No.  The terms of the contract apply to the BPA and each order issued under the BPA.  I did a quick check of the current Schedule 70 solicitation and it incorporates a WD that appears to provide for required wages and fringe benefits for various localities throughout the country (interestingly, the clause cited by Carl does not apply to the IT 70 Schedule).  If a similar WD is incorporated in your contract, you would need to pay the wages and fringe benefits for the location where services are provided under each order. 

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1 hour ago, Retreadfed said:

(interestingly, the clause cited by Carl does not apply to the IT 70 Schedule)

Retreadfed - Did you read the following provision that is in IT 70 Schedule? 

SCP-FSS-004 SPECIFIC PROPOSAL INSTRUCTIONS FOR SCHEDULE 70 (AUG 2017)

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16 hours ago, Retreadfed said:

No, but my quick reading of it is that it is similar to SCP-FSS-002.

Agree.

On ‎10‎/‎16‎/‎2018 at 6:46 AM, lotus said:

There exists a BPA under a GSA schedule contract.  The BPA is task order driven, and there are several task orders, each with a base year and some option years.

The BPA does not include any wage determinations, and the task orders do not, either.  The GSA Schedule contract does.

The GSA schedule is refreshed, going from Refresh #30 to Refresh #31.  Refresh #31 incorporates new wage determinations.

When and under what conditions do new wage rates affect the existing task orders?

Retreadfed - So I know I am stating another way to answer the OP's question but does this make sense?

The wage determination in the GSA Schedule contract applies to the task order.   The GSA Schedule contract is at "anniversary date" and the wage determination is updated by the refresh.   As a result the new wage determination applies to the task order and as such the contractor is to pay the new wages/fringes and may be entitled to a price adjustment on the task order as well.

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On ‎10‎/‎20‎/‎2018 at 8:55 AM, C Culham said:

The GSA Schedule contract is at "anniversary date" and the wage determination is updated by the refresh. 

I agree with most of what you have written.  However, I don't know if this is a true statement.  If it is then I agree with what you have written.  If it is not,  we have to have other facts.

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