Hi all,
How would you determine the applicability of the JTR to a Contract? I understand the Introduction of the JTR specifically states it does not apply to "Contractor employees under a DoD contract for anything other than personal services". However, most contracts say something along the lines of the JTR applying. Then FAR 31.205-46 mentions the JTR to set the basis for the maximum per diem rates.
In this specific scenario, here are the facts:
1. The contract says "Travel and per diem costs shall be consistent with the JTR"
2. The contract also says "Housing and other logistical support will be provided by the Gov't in support of deployments in accordance with CCMD guidelines." The guidelines provided by the Gov't have no additional details on requirements for travel
3. The Government's position is that by the two statements above, it's acceptable to require Contractors to stay in dorms (4 person/dorm, sharing with service members), and receive the Government Meal Rate (GMR) in accordance with JTR Table 2-17
4. The Contractor's position is that Table 2-17 GMR only applies to service members, and that in general the JTR is applicable to set maximum per diem rates, not including these reduced type rates
5. The Government believes reimbursing the full per diem and paying for lodging would not be reasonable. The Contractor believes forcing a Contractor to stay in a dorm and eat at the DFAC is unreasonable
6. In the RFP the Gov't provided plug numbers so the proposal did not address this
7. This is a CPFF contract
8. The Contractor's policy is they pay employees the per diem rates (versus actual costs).
What else should be considered? What language takes precedence (ie JTR saying it does not apply versus contract saying to be consistent with JTR). Is there anything about providing contractors "adequate" housing?