56838

Office Automation & Training Consultants

November 21, 2011Judge Dickinson
Denied / Government PrevailedAccord & Satisfaction / Release / WaiverCDA JurisdictionSmall Business

Office Automation & Training Consultants appealed a decision regarding a wage determination issue under the Service Contract Act, seeking reconsideration and summary judgment on entitlement to equitable relief. The Board denied the motion for reconsideration, reaffirming its previous ruling in favor of the government.

Material Facts

  • The Corps of Engineers awarded Contract No. W912P4-05-P-0019 to Office Automation & Training Consultants on 14 January 2005.
  • The contract incorporated by reference FAR 52.222-41, which requires payment of minimum wages specified in any wage determination attached to the contract.
  • The applicable wage determination was not physically attached to the contract but referenced via an internet address.
  • The Department of Labor assessed back pay against the appellant for alleged violations of the Service Contract Act.
  • The appellant's request for equitable adjustment claimed compensation for a unilateral mistake in its bid.

Parties

Appellant
Office Automation & Training Consultants
Respondent Agency
U.S. Army Engineer District, Buffalo
Contract Number
W912P4-05-P-0019
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