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The CBCA is now on record again that, same as the situation under the SCA, when a new EO sick leave benefit requirement is added to an existing contract, that constitutes a change to the contract and entitles the contractor to a full equitable adjustment in the contract price. The presence of an EPA clause does not alter that “straightforward and uncontroversial conclusion.”
I always thought the lawyer rating business was a scam mostly directed at lawyers.
Here is a follow up to a blog I wrote last month. I am puzzled why the Wage & Hour Division (“WHD”) would ever think it proper to withhold money from the prime contractor where the SCA clauses or wage determinations were originally left out of the government contract. One of the WHD duties is to not withhold money from the contractor for issues which relate to changes in the contract which were ordered by the Government. That is a breach of contract. Instead, This adjustment must be paid for by the procuring agency, and that means funding the change order and paying for the cost of the increased wages and benefits arising from the correction of the Government’s own errors.