What is the name of your state? DC
I am a Personal Services Contractor (PSC) with a US Govt Agency. Recently, I discovered that my agency had underpaid me for 2.5 years. At my request, they paid me the back pay. But they are refusing to pay the interest due under the Prompt Payment Act. They said the agency made a decision 10 or so years ago that the Prompt Payment Act does not apply to PSCs. Nowhere is this written in my contract. To date, the agency has not given me anything in writing to confirm this (they have 60 days to do so under the regs). My question is, can the agency arbitrarily decide that the Act will not apply to PSCs without mentioning it in my contract? For example, my contract DOES stipulate that I am an to be considered an employee for tax purposes and NOT an employee for anything regulated by OPM. OPM regulates the issues of back pay and interest payments on it.
Thanks very much for any enlightenment.
I am a Personal Services Contractor (PSC) with a US Govt Agency. Recently, I discovered that my agency had underpaid me for 2.5 years. At my request, they paid me the back pay. But they are refusing to pay the interest due under the Prompt Payment Act. They said the agency made a decision 10 or so years ago that the Prompt Payment Act does not apply to PSCs. Nowhere is this written in my contract. To date, the agency has not given me anything in writing to confirm this (they have 60 days to do so under the regs). My question is, can the agency arbitrarily decide that the Act will not apply to PSCs without mentioning it in my contract? For example, my contract DOES stipulate that I am an to be considered an employee for tax purposes and NOT an employee for anything regulated by OPM. OPM regulates the issues of back pay and interest payments on it.
Thanks very much for any enlightenment.