Since such personnel are not subject to the wd

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Since such personnel are not subject to the WD requirements per 29 CFR 4.153 , there is no rationale for an SCA price adjustment for these employees. For example, if a janitorial service contract contains a statement of work that requires the contractor to clean and restock the restrooms, empty the trash, and clean the floors; all this work would be performed by the ‘janitor’ job classification. If the contractor also employed a secretary to assist the project manager, this individual would not be considered a ‘service employee’ for wage determination purposes. This is so even if ‘secretary’ is a classification shown within the wage determination because the secretary is not performing statement of work functions. Therefore, the job classifications for which the contractor requests adjustment should be carefully considered when analyzing SCA price adjustment requests. 6. Contractor requests for SCA Price Adjustments for job classifications that were not listed on the WD in the original RFP or solicitation should be denied. In order for an entitlement to properly exist, a WD requirement in the old period of performance must exist and have a direct relationship with the WD requirement for the same or an equivalent job classification (if Department of Labor has changed job titles in the SCA Directory of Occupations and the WD). Therefore, if the contractor has not received a "conformed" rate under FAR 22.1019 , no entitlement would exist for the new period of performance. Also, no entitlement exists for the initially conformed rate of pay even if DOL conforms a rate that is higher than that requested by the contractor. There are several ASBCA cases supporting the lack of entitlement for the initially conformed rate. Despite this, contractors often request an adjustment between what they were paying such employees and the conformed rate. A careful review of the job classes contained on the “old” WD and those contained on the “new” WD should show whether a conformance for any unlisted job classes is necessary under FAR 22.1019. A conformance for an unlisted class is a requisite to any adjustment and the adjustment will be limited to only the periods of performance that are subsequent to the period of performance for which the unlisted class(es) are initially conformed.
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7. Contractor request for an SCA Price Adjustment to change work classifications without a corresponding change to the contract terms and conditions are suspect. Assuming that there is not a change in the contract terms and conditions and assuming that Department of Labor has not changed job classes within the SCA Directory of Occupations and the wage determination, contractor requests for SCA price adjustments should reflect exactly the same job classes that were used during the base period of performance and subsequent option periods. Contractor requests for the difference between one specific job class that was used by them in the prior period of performance
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