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Services on a construction site

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Good day! My question is about selecting the correct labor law to apply to a subcontractor. If the subcontractor is performing a "service" on a DBA construction site, employs no laborers, mechanics, apprentices, trainees or helpers, is the work subject to the Service Contract Act or Davis Bacon Act?

Anxiously awaiting your response!

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Guest Vern Edwards

Neither applies to the subcontract.

The DBA applies to "construction work" performed by laborers and mechanics at the site of the work. See FAR 22.402 and 22.403-1. You say that the sub is performing services, not construction, and is not using laborers and mechanics, so that eliminates the DBA.

The SCA applies to Government contracts "the principle purpose of which is to furnish services in the United States through the use of service employees." See FAR 22.1003-1. If the SCA clause is in the prime contract, then the prime must flow it down to subs that are subject to the SCA. See FAR 52.222-41(l). Since the principle purpose of the prime contract in this case is not for services, the SCA clause should not be in it, FAR 22.1006(a)(1), and so there is no SCA clause for the prime to flow down to any subs.

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Thank you, Vern. I plan to refer to you as a SME in my continuing efforts to convince anyone here that this is the correct interpretation. Hope that's okay with you.

It would be very helpful to have additional responses to this thread.

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It may be prudent to consult with the Dept of Labor. My hazy recollection is that one of the labor laws applicable to federal contracts applies on a statutory basis regardless of whether the implementing clause is in the contract.

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Guest Vern Edwards

I'm not a subject matter expert on this. I just looked it up. Anybody could have done it.

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