Legal Govt Eagle

Thank you all - this was very helpful. I am truly appreciative of the information and this site in general.

I did read but it doesn't specifically call out my fact pattern... It seems contrary to common sense to have to pay an adjustment to a contractor for them adding labor categories that it did not propose and was not technically approved by the Government but I also see what you are saying (hence my question).

Did not include categories; was not modified. The added categories were either in wage determination or part of Union categories. No conformance. Basically - our contractor proposed categories...then added new ones this past year to do the work but never confirmed that with us and now wants the wage adjustment for those categories as well. Which are either in the wage determination or union agreement.

(Thank you for your help!)

Sorry should have given more facts. This is a service contract with a base effort plus IDIQ - Firm Fixed Price. Two year with three one-year options. I think since it is Fixed Price could we even argue the new labor categories are out of scope?

I cannot find any law/case certain that explains to me whether the Govt. has to pay a price adjustment based on a wage determination for labor categories NOT proposed at the time of award. I.e. the contractor added labor categories to do the work...and now wants a price adjustment for those as well. Thoughts?

Does anyone know of any case law that puts an obligation on the Government to notify offerors of a potential violation (but once investigated wasn't found to impact procurement) of procurement integrity act (unknowinging disclosure of procurement information)?