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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.

 

 

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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.

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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.

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