cscm2012 Posted August 20, 2019 Report Share Posted August 20, 2019 We have a contract that is one (1) Base Month and six (6) one month options. After the Base Period and the first two (2) Month Options were exercised the CO issued a modification exercising the remaining four (4) Option Months under this one modification. This contract is covered by the Service Contract Act. The DOL changed the H&W amount and some of the wages in the middle of the four (4) month options that the CO had already exercised prior to the DOL change. Do we still have grounds to increase the wages and H&W based on the applicable WD revisions and request adjustment from the agency? Or does it make a difference that the CO exercised four (4) months worth of options prior to the DOL change? Any information on this subject would be greatly appreciated. Link to comment Share on other sites More sharing options...
ji20874 Posted August 20, 2019 Report Share Posted August 20, 2019 Is the clause at FAR 52.222-43 or -44 in your contract? Which one? That clause may answer your question. Link to comment Share on other sites More sharing options...
cscm2012 Posted August 20, 2019 Author Report Share Posted August 20, 2019 They did not incorporate either of these clauses. The CO told me in an email that he had inadvertently left out the Service Contract Act but he knew we were complying and did not issue a modification. Link to comment Share on other sites More sharing options...
RightSaidFed Posted August 20, 2019 Report Share Posted August 20, 2019 If both parties are treating the contract as if the Government had correctly incorporated the SCA clauses, you could probably make a strong case for submitting an adjustment. Telesec Library Services, ASBCA 42968, 92-1 BCA ¶ 24650 (1991) has upheld the enforcement of SCA clauses under the Christian Doctrine. Link to comment Share on other sites More sharing options...
bob7947 Posted August 20, 2019 Report Share Posted August 20, 2019 I add this article because it might be pertinent. Pay attention to Costar III, LLC, ASBCA No. 56479, 11-2 BCA 34830 (2011) which is listed under the Tables in the article. The article is: The Christian Doctrine: The Double-Secret Contract Clause. Seyfarth Shaw LLP. Link to comment Share on other sites More sharing options...
C Culham Posted August 20, 2019 Report Share Posted August 20, 2019 Do not forget about a close read of FAR subpart 22.10 as it will help understand applicability of changes and when. Most especially FAR 22.1015 will, I suspect, be much more helpful for possible wage increases and equitable adjustments than simply going on basis of Christian Doctrine. Remember you to can ask the DOL to request the CO to stand up and fly right. Link to comment Share on other sites More sharing options...
cscm2012 Posted August 21, 2019 Author Report Share Posted August 21, 2019 Thanks all for your assistance Link to comment Share on other sites More sharing options...
Retreadfed Posted August 21, 2019 Report Share Posted August 21, 2019 You might also want to look at 29 CFR 4.145(a). That section appears to be at odds with the price adjustment terms of FAR 52.222-41 and -43. Link to comment Share on other sites More sharing options...
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