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  • Question

    Does exercising an option with a new SCA wage determination mean we have to pay sick time separately or are we exempt since the base contract began in 2015?


    Answer

    You should be exempt because your contract, including all options does not have the new clause at 52.222-62, "Paid Sick Leave Under Executive Order 13706 (Jan 2017)". The general rule is that contracting officers do not update contracts unless the implementation of the law specifically says that current contracts must be updated.  When the FAR or Agency Supplement is changed, any new or revised clause, provision or forms are only put in solicitations (and resulting contracts) issued after the effective date of the change.  In this case, only new solicitations awarded after 1 January 2017.  I've read the new rule and do not see any requirement for putting the clause in old contracts. 

    That said,  if the Government has modified your contract or its options and has added, 52.222-62, then you must comply.   

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