EP 1180-1-1
1 Aug 01
contract or option period. This requirement is statutory and becomes effective whether or not the new or
revised CBA is incorporated into the contract.
a. The CO will obtain the CBA by contacting the incumbent contractor, and the union representing
their employees, with written notice as required by FAR 22.1010. If the CBA is not received by the
agency in accordance with the timeliness of FAR 22.1012, the CBA or its revisions will not be applicable
to that contract period. The timely CBA must be submitted by the CO to the DOL with the SF 98
request for that contract period and DOL will issue WDs reflecting these same rates, provided the CBA
does not contain certain prohibited contingency provisions. Contingencies that provide for wage/fringe
benefit increases only upon incorporation into a government contract or upon the contractor receiving a
price adjustment (and similar contingencies) are prohibited by DOL. Such CBA WDs will be
incorporated into the appropriate solicitation, new contract, or option period.
b. Contract price adjustments under SCA clauses are limited to those classifications performing
contract work and subject to such CBA provisions. Employee classifications not subject to the CBA
provisions may be subject to the provisions of an area WD.
c. Solicitations. When DOL has not responded to an SF 98 request for a CBA type WD applicable
to a solicitation, the CO may include the clause at FAR 52.222-47 ("Service Contract Act Minimum
Wages and Fringe Benefits") and a copy of the incumbent's actual CBA in that solicitation so that the
process is not delayed. When the CBA WD from the DOL is received by the CO, it should be reviewed
for consistency with the CBA it reflects, and incorporated into the solicitation. If the CBA WD is received
subsequent to the issuance of the solicitation, or after award, it should be incorporated into the contract
without adjustment of contract price (because the rates were already in the solicitation under this Clause).
d. Options. If the incumbent contractor has provided a new or revised CBA to the Corps in a timely
manner (see FAR 22.1012-3), the CO must attach a copy to the SF 98 request applicable to the
following contract period. If the CBA is not new or revised, but is an existing (or continuing) CBA with
wage and benefit increases scheduled to be effective during the following contract period, it should still be
submitted to DOL prior to the beginning of each contract period. If the agreement between the
contractor and the union expires prior to the award of the previous contract period, or the union no longer
represents the contractor's employees, the provisions of the original CBA will no longer be applicable to
the following contract period. An SCA area type WD may be applicable instead of a CBA type WD.
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