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baierle

Labor Standards Interview and SF1445

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Hello--I recently took over, in mid performance, an "Ability One"  custodial and grounds services contract.

Several people, including the junior contract specialist trying to manage, have given me information that does not fit right in my mind regarding employee wages and payments. Also, the past option period wage adjustments and supporting docs don't look right to me. 

I understand Ability One is different than the services contracts to which I'm familiar, and of my limitations in knowledge.  I know that each employee  in the Ability One program may not be getting the prevailing SCA wage.  I also understand such interviews and the SF1445 is for construction and Davis Bacon work.  

I certainly will get payroll documentation for any future wage adjustment.

Q:  Is there something similar to these optional labor interview that I can do under this contract to fill in some blanks that I have in my mind?  I really want to interview the employees and I know they would not be concerned about chatting with me.  Anything prohibiting me from doing this?  I will appreciate any feedback from the community to send me in the right direction.

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The FAR and contract clauses of the FAR do not specify that a CO can not interview contractor employees under a service contract covered by the Service Contract Act,   FAR Clauses 52,222-41 and 55 do provide that DOL, and authorized representatives of DOL, can perform interviews but I believe in a full read of 29 CFR 4 you won't find a definition of "authorized representative".

There are agencies that provide via policy that contract administrators will conduct interviews and have agency forms to do so.  Department of Interior - BLM and USDA - Forest Service are two that I know of that do so.  There may be others.

I have always concluded, when a contracting officer, that as there is a contract requirement to comply with the Service Contract Act that there is a right to determine through contract administration a contractors compliance and that right includes the ability to do the interview, especially if there was concern that there was not compliance.   The fallback, is to simply relay your concerns to the USDOL and let them follow through in an investigative manner they believe is appropriate.

Also, by experience the Ability One Program is interested in NIB and Source America entity's compliance with regulations applicable to an Ability One procurement.   Noting this you may want to contact the Ability One Program to assist in the understandings you express and to better understand the expectations of entities performing contracts under the Ability One program.  The Ability One program website would be the best resource in making contact with them. 

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