justification for closing court room in light of some need in the course of human to discuss confidential materials in the record and second if after mr need to talk about in the course of the argument or is that something you can simply know the no touch we're familiar with those details let me just back up a little bit typically we get a lot of cases in which there is confidential material frequently a lot of confiden turbulent we don't like we close the court so the question is is there a way that you can argue knowing that we are familiar with the we've read the briefs you're familiar with the facts of the case is the way that you can argue the case w sidestepping the kinds of details the kinds of numbers that are usually the heart of the confidential material or is it simply impossible to do so if it's the latter we would consider taking some measures but there was a fair competition in this case and that we would focus on whether or not there was a fair competition prio ward focus on the pretty award issues and that means that we feel that the court has to consider two questions and the first question is whether or not the army comply with my way should criteria and then the second question is whether or not five rivers indicated on the face of its proposal that it was not going to pay se a mandate wages which are of course the deal with minimum wages that are given in the deal with minimum wage terminations or in five words indicate on the face of minutes a proposal not to comply with the service contract act because the service contract act is the act that makes those minimum wages and the other requirements of the deal well a directory of political i'd like to start with  because the department of labor statistics shed is over post award matters the partner of labor considers enforcement issues and administrative issues and those matters take place after the board decision has already been made and what we're considering here is what happened during the award process of what happened during the solicitation process and the terms of the evacuation in accordance with the solicitation when the army put out its zero evaluation criteria prior to the award and it said we're going to have i await labor classifications and staffing plans question is did the army do that and was it required to do that was it required to have here to its evacuation criteria and it plainly said we're going to valuate labor classifications and the government has already admitted in an oral or who bears the risk of loss if the actions they had not said we're going to evaluate waiver classifications during our valuation process and put that out then we ask those cases that say o classifications that's the way the agency put out and that's what we have to adhere to otherwise the competition process is not fair and it's not fair to the other bidders and this is  initial read from page twenty five and those are cases like systems research t m and source one and they are cases that have to do with the source real ism analysis but the analysis of those chords of those  attention and say is there something in the solicitation that says if you violate labor pacification we don't the possibility of analysis isn't there so it doesn't but in our case the language of the evaluation criteria says yes evaluate labor classifications so what if that happens then we can look to these cases that say if you have to do primary labor classifications how to do it and they say the way you do it the only logical way to do it is to turn to the service is where it's has the directory that's the directory of job deal well labor classifications job classifications the same thing that's put out under the  perform a comparison of the language in the p w s with the definitions in the directory and in this case i am going on to say it demonstrated that it was unreasonable for the agency to agree that the particular labor category was an appropriate process service employees to perform the task at issue and while we recognize the importance of permitting off to the post in a major staffing approaches that staffing approach must include staff that appropriately can be used to perform with b w hats and here in the combination of the language of the p w has every labor category descriptions in the directory which is the ones that are issue of course if it was examined they were to lose another the classification that they that they've created that's exempt but what the what the purpose of the evaluation criteria was not to evaluate evaluate against the government estimate to determine whether they comply with the service contract act the government asked me may or may not comply with the service contract that the purpose was to determine whether the offer proposed an appropriate number and mix of employees to perform the required work book what three one twenty and that's page one eighteen specifically i believe deals with five rivers twenty four positions the offer staff or you can see the number of positions standing level only or mix are appropriate for performance of the required services so this is the demonstrate here they did they did compare against the government estimate and they compare understand i don't necessarily understand why you would but i'm not going to say it doesn't happen i think only reason one reason let us suppose is to make sure the you get a ridiculously low ball offer suggests that either the  a cost plus contract that's of course very important because the government will be paying the costs in a fixed price contract that's that's not particularly important to the government it doesn't matter whether they can actually perform the work at the at the cost propose or face if they take a loss on this contract was more important as it's reasonable you don't end up in a situation like yours with suggesting where they're just way over budget that you know of and in are after sponsible off or something like that so there is that there is a deal there isn't even if the language isn't quite as clear as perhaps there is a difference in practice so the you know that's one circumstance accost realism as it is plain of imagine another circumstance would be if the if the solicitation criteria for some other reason said that  service contract and that's it that's situation all doesn't it doesn't apply in this case here the army had been in this case but bush did say it after after more than two years of price on a wage rate that it later admitted was more than twenty five percent less than what the service contradictory port and the g o p klute this wasn't problematic because since it was a price contract the work he was still required to compensate its employees at the rates required by the service contract  offer included you know it's a proposed good sounds you know janitorial services or something from from the from the service contract in that situation there could potentially be evidence comply with the actor not i think i think that i think best there were good good faith is important there if what if what they're saying is so just so implausible that it couldn't possibly comply with a service contract that they could that could be and there could be of the does the regulations themselves i don't i don't believe that they do there are there are statements in the regulations that you quote a quality control might be an administrative type do the scriptwriting might regulations themselves don't don't i believe set forth this this position is not examined this position is is it is examined in and of itself and with one thing i'll point out also i think question there are ways that they you know even even though we think that they're there very well could potentially be a situation where that where these just ridiculous exist where ridiculous exemption determinations could potentially evidence and i'm not aware of any any g a o case law or federal classification job description or labor classification which happens when a position is already under the n c a a with the term exemption which means you're exempt by posing these examples they were able to exempt twenty five percent of their labor force of from all of the labor burden the performance risk and minimum wage rates on a ten million dollars contract