Posts in By Kirby Rousseau
Court Holds Challenge to SCA Coverage of Cooperative Agreement Not Ripe for Appeal Due to Lack of Final Agency Action 

A U.S. District Court judge holds that a contractor had not received final agency action to allow an Administrative Procedure Act suit. Thus a challenge to DOL’s determination that the Service Contract Act applies to cooperative agreements is not ripe for appeal.

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The Tide of DOL Opinion Letters Has Ebbed and There Likely Won’t Be Many More Under the Current DOL Administration. That is too bad.  

Department of Labor Wage and Hour Opinion Letters follow the ebb and flow of conservative and liberal executive administrations. When President Biden was inaugurated, we began a period where new Opinion Letters are a scarcity. This follows the practice of previous liberal administrations.

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When Your Contracting Officer Rejects an Adjustment for Base Year Labor Increases in a Service Contract Act Covered Contract, Look to the East!

The Service Contract Act price adjustment clause prohibits an adjustment for changes to the contract in the base year of performance. However, in some situations, the contractor is entitled to an adjustment through the Changes clause of their contract.

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