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mw35019

52.222-41 Service Contract Act question

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I am working on a recompete that falls under MOBIS Schedule 874 and noticed the Service Contract Act clause is a listed flowdown under that schedule. I have a copy of the solicitation that falls under MOBIS but it doesn't identify any FAR clauses, so I'm stuck having to go through MOBIS 874 schedule to see what flows down and what doesn't. Not sure if I need to flow down Service Contract Act in the subcontract since it's identifed in MOBIS 874. All subs are small business, straight services (no construction) and the subk type is LH with a ceiling of >$4 million. Therefore, what determines whether or not I flow this down? Is it only geared toward "contruction services"?

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By its terms, 52.222-41 is to be included in all subcontracts that are subject to the SCA. However, the clause normally should not be included in contracts for construction that are subject to the Davis-Bacon Act. Therefore, subcontracts under construction contracts usually should not contain 52.222-41.

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Are you referring to FAR Clause 52.222-41 or 42 or 43? Try checking the wording of these clauses and their perscriptions in FAR Part 22.1006? Then make a determination whether to flow them down or not. I would flow them down whether mandatory or not. David-Bacon Wage Rates cover construction, not SCA.

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Thanks for responding. FAR Clauses 52.222-41, 42 and 43 ARE in the MOBIS Schedule. But not having much education with these clauses I'm not sure if I need to flow them down. The subk type IS NOT construction related but straight servies only. If I flow them down, do I need to attach a copy of the wage determinations list to the subk? Kinda unsure what needs to happen if I flow them down subsequent to that or can I just flow them down and be done with it? Basically, I'm not sure if I need to flow those down but if I do, is there any other documentation I need to obtain?

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It really really helps to read the clauses. See 52.222-41 paragraph (l): "Subcontracts. The Contractor agrees to insert this clause in all subcontracts subject to the Act."

The "Act" is the Service Contract Act. For the rules about what subcontracts are subject to the Act, see FAR 22.1003. That section is long and complicated. If you do not understand it retain an attorney who does to explain it to you. If a subcontract is subject to the Act you must include the wage determination in the subcontract. I don't know what you mean by "documentation." The subcontract itself should be sufficient documentation.

Clauses 52.222-43 and -44 do not have to be flowed down, but you might want to, so read them and decide.

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Reading the Subcontractor Wage Adjustment discussion under this Topic, especially post number 25, may be useful to you in determining your approach to flowing down 52.222-43 or 52.222-44.

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