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CBA Incorporation into Contract

Started by wonkavision · Nov 19, 2019 · 5 replies

  1. w

    wonkavision

    Nov 19, 2019 · 6y ago

    Original post

    Hi All,

    Have a contractor providing security services. We are ready to exercise an option bilaterally (we didn't provide timely notice). However, the vendor has stated they messed up, thinking the option would occur in February (they didn't understand BPA vs. the BPA Call). They are negotiating a CBA with the employees' union, but that likely won't be complete until Jan/Feb time frame. 

    My question is - My CO said we can only incorporate a CBA into the Call on award or option modification. Is this accurate, or must the new CBA be addressed whenever approved between the contractor/union? I searched FAR 22 and DOL, as well as this website, but couldn't find anything completely relevant.

    Thanks all.

  2. j

    ji20874

    Nov 20, 2019 · 6y ago

    Does FAR 22.1012-2 help?

  3. R

    ROD

    Dec 11, 2019 · 6y ago

    I am confuse....

    Please help me understand your scenario. Is this a master BPA and now your office is ready to issue a BPA call? You mentioned Options and I got sidetracked. 

    What do you mean by CBA ? 

    What does the FAR 22.1002-2 Wage determinations based on prevailing rates has to do with all this?

    I am just curious, thank you.

    ROD

  4. j

    joel hoffman

    Dec 11, 2019 · 6y ago

    “Collective Bargaining Agreement”, I assume.

  5. j

    joel hoffman

    Dec 11, 2019 · 6y ago

    This will be a bilateral extension. Thus both parties will have to agree to the terms and conditions. I would be hesitant to agree to be bound, as the government, based upon the possible impact of an unknown CBA.

    However, if the CBA rates are known now, why can’t the parties agree to implement it later in the extension?

  6. j

    joel hoffman

    Dec 11, 2019 · 6y ago

    I’d think that you’d have legal resources to consult in such situations. The bilateral action to extend the contract is already beyond the  scope of the contract competition, isn’t it? January/February is imminent anyway. It would seem that the government must leave room to accept or reject the CBA rates, if they are unknown now.

    Isn’t this essentially an unpriced option?

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