How Applicable is the JTR

[ReadTheContract848]

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?

 

 

[Retreadfed]

2 hours ago, ReadTheContract848 said:

"Housing and other logistical support will be provided by the Gov't in support of deployments in accordance with CCMD guidelines."

Where will the "deployments" be?  What do the "CCMD guidelines" say about this?

[here_2_help]

Contractor employees stay in service-issued tents, eat at the DFAC (or eat MREs) and, in general, are treated like service members all the time. This situation is hardly unusual, though it should have been covered in the solicitation.

However, such employees are usually compensated for those inconveniences. They typically receive an "uplift" that covers deployments to difficult locations, such as FOBs. If the government intended that contractor employees were to be deployed to military bases, that definitely should have been covered in the solicitation. This is a real gap. Was it patent or latent? I don't know.

What does the government want to accomplish here? When did it determine its objectives? If I'm the contractor, I'm going to tell the contracting officer that my contract has been changed, and I want an equitable adjustment. Not for the cheap facilities, but for compensating my employees for the inconvenience.

[joel hoffman]

On 10/13/2023 at 1:33 PM, ReadTheContract848 said:

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?

 

 

“What else should be considered?” Without any context to the locations or scope of the contract, like others have asked about, the question can’t really be answered.

@ReadTheContract848, I’d say “ReadTheContractAsAWhole”.

Please clarify what the contract is for and where (at least in general terms) it will be performed.

Since it is CPFF, 31.205-46 Travel costs is applicable, in addition to/in concert with the other stated coverage for travel costs and travel arrangements.

Thanks in advance.

[Retreadfed]

On 10/15/2023 at 8:12 AM, joel hoffman said:

Since it is CPFF, 31.205-46 Travel costs is applicable,

The point being, the JTR may not apply at all.

[joel hoffman]

8 hours ago, Retreadfed said:

The point being, the JTR may not apply at all.

But probably does to the extent referenced in the cost principle, which is applicable for cost reimbursement…

[Retreadfed]

15 hours ago, joel hoffman said:

But probably does to the extent referenced in the cost principle, which is applicable for cost reimbursement

This all depends on where the travel will occur.  Note that 31.205-46 applies the 3 travel regs on a geographic basis.  Thus, even though the contract may have been issued by a DoD activity, that does not mean that all travel is subject to the JTR.

[here_2_help]

On 10/13/2023 at 11:33 AM, ReadTheContract848 said:

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?

 

 

I wonder if ReadtheContract believes the original question has been satisfactorily addressed?

[bob7947]

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