Do these Task Orders need to be modded and the funds returned or does including the new Wage Determination in the Option Exercise suffice?
This question cannot be answered by a professor. This is an argument between a contracting officer and his boss who is likely to be warranted as well. Some questions to be answered by all. Did they contractor use the new and appropriate wage determination? If not, why not? Was the new wage determination clearly identified in the order or clearly understood in the option exercise? Since the accurate wage determination was included in the option exercise documentation, yet it appears that the contractor didn't use it, I think you have a problem that needs to be solved. The contracting office, the Department Head and the contractor need to discuss how to get the money back (if the contractor was overpaid) and how to prevent this problem from happening again.
Open full Question Details