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Adding SCA clause to existing contract


MorganSD

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I could use some clarification. I am having trouble finding documentation on if this would be true or not. We have an existing contract that the customer added the clause in to and stating it only applies to the new CLINS added to the contract, and not the entire contract (the supplies portion). 

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2 hours ago, MorganSD said:

I could use some clarification. 

Did your company accept this change? Was the clause added by a Mod to the contract? Does the changes clause in the contract permit the customer to add new CLINS and/or new terms and conditions? Did your company accept the contract change for new CLINS? Was the change to add new CLINS already accepted by your company and now the customer wants to add this clause?? Can you provide more detail as to what happened when?

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A full read of FAR 22.10 might help.  A condensed view based on your question that is a little confusing might be....

FAR 22.1007

FAR 22.1015

I might add that while a Federal agency might do its best to form a contract or modify an existing contract to be SCA compliant it is actually the responsibility of a contractor to comply with wage requirements whether the agency has taken adequate steps to inform and require a contractor to be in compliance.

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34 minutes ago, C Culham said:

I miight add that while a Federal agency might do its best to form a contract or modify an existing contract to be SCA compliant it is actually the responsibility of a contractor to comply with wage requirements whether the agency has taken adequate steps to inform and require a contractor to be in compliance.

C. Culham, does it make a difference to you whether the customer in this case is a contractor, and not the federal government? I was not able to tell for certain from the post. 

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“22.1003-1   General.

This subpart 22.10 applies to all Government contracts, the principal purpose of which is to furnish services in the United States through the use of service employees, except as exempted in 22.1003-3 and 22.1003-4 of this section, or any subcontract at any tier thereunder. This subpart does not apply to individual contract requirements for services in contracts not having as their principal purpose the furnishing of services. The nomenclature, type, or particular form of contract used by contracting agencies is not determinative of coverage.”

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If this is a supply contract and services have been added, as a minimum, the SCA should not be applicable to the supply portion. I think that wS the original question. 

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2 hours ago, Neil Roberts said:

C. Culham, does it make a difference to you whether the customer in this case is a contractor, and not the federal government? I was not able to tell for certain from the post. 

Let me see if I can clarify.   Contractor - The contractor has a responsibility to comply.  Government - Has a responsibility to provide adequate guidance and information. 

If the Government fails to some degree in providing this guidance there are protections for the contractor for possible contract remedy per FAR guidance.   DOL is the enforcement arm.  In my career I never saw DOL take action against the Government.  Not saying it never happened but my view it is very rare and the responsibility settles with the contractor.

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19 hours ago, MorganSD said:

I could use some clarification. I am having trouble finding documentation on if this would be true or not. We have an existing contract that the customer added the clause in to and stating it only applies to the new CLINS added to the contract, and not the entire contract (the supplies portion). 

Assuming you accept the contract clause that was added, and it makes FAR Subpart 22.10 and/or 41 U.S.C. chapter 67 applicable, you may argue that none of it applies to your contract if (1) any of the 7 exemptions apply or (2) the related prime contract does not have as its principal purpose furnishing of services in the United States per subsection (a)(3) of chapter 67.

Edited by Neil Roberts
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You may also argue that the SCA contract clause does not apply to your contract if your contract does not have as its principle purpose furnishing of services. See FAR 22.1003-1.

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