Jump to content
The Wifcon Forums and Blogs

Recommended Posts

The FAR Clause 52.222-41 states that "Not less than 10 days prior to completion of any contract being performed at a Federal facility where service employees may be retained in the performance of the succeeding contract and subject to a wage determination which contains vacation or other benefit provisions based upon length of service with a Contractor (predecessor) or successor (29 CFR 4.173), the incumbent Prime Contractor shall furnish the Contracting Officer a certified list of the names of all service employees on the Contractor’s or subcontractor’s payroll during the last month of contract performance. Such list shall also contain anniversary dates of employment on the contract either with the current or predecessor Contractors of each such service employee. The Contracting Officer shall turn over such list to the successor Contractor at the commencement of the succeeding contract."

If the old and new contractors are located within commuting distance of the Federal facility are the SCA covered labor categories working at the contractor facilities covered by the Seniority language.  Example - Would the Clerk Typist  working at ABC Company have first right of refusal (FAR Clause 52.222-17) and transfer of seniority (FAR Clause 52.222-41)  XYZ Company.

Share this post


Link to post
Share on other sites

Its not the location of the contractors that is the determining factor.  Rather, it is the location where the services are to be performed.  Thus, a contractor can be located in Maine, but hold a service contract for performance in California with the successor contractor being located in Florida.  The Florida company would have to provide any employees of the Maine company that it hires the seniority they held with the Maine contractor, which includes accrued vacation. 

Share this post


Link to post
Share on other sites

Does the Incumbent  transfer the accrual or pay off the employee being transferred.

Share this post


Link to post
Share on other sites
27 minutes ago, DOECPA said:

Does the Incumbent  transfer the accrual or pay off the employee being transferred.

Good question. 

Share this post


Link to post
Share on other sites

DOECPA:

Please go to the Department of Labor's Field Operations Handbook, Ch. 14, "The McNamara-O'Hara Service Contract Act," which might contain the information you want. It's 40 pages long and downloadable in pdf.  It's chock full of information about the obligations of successor contractors. You might find what you're looking for in Section 14j, Fringe Benefits Payment Requirements, which is the section which describes the obligation of the incumbent to provide a certified list of employee anniversary dates to the successor.

https://www.dol.gov/whd/FOH/FOH_Ch14.pdf

 

Share this post


Link to post
Share on other sites
1 hour ago, DOECPA said:

Does the Incumbent  transfer the accrual or pay off the employee being transferred.

@DOECPA

You started out asking about one thing and then veered off to ask about about another without explanation. What "accrual" are you talking about? The paragraph you quoted in your opening post was FAR 52.222-41, paragraph (n). Nothing in that paragraph mentions any "accrual." The only mention of the word accrual is in paragraph (m). Are you asking about an amount past due to an employee by the predecessor contractor that was not paid?

Share this post


Link to post
Share on other sites

Thank you everyone

By accrual I was assuming that a worker may have earned personal time that they had not used by the date the contract with the predecessor ends.  Do they automatically get paid for accrued personal time or may it be transferred to the new contractor so the employee can use it when his new employer approves it.  Money gets transferred from predecessor contractor to the new contractor.

Seems crummy that you might not get your vacation from old contractor and instead get cash.  Then you have no earned vacation on the books with the new company, assuming you get hired. 

On another note.  Is a Journeyman Electrician and Master Electrician the same as a Maintenance Electrician listed in a Wage Determination?

 

Share this post


Link to post
Share on other sites
36 minutes ago, DOECPA said:

Thank you everyone

Looks like you read the compliance reference I provided!  To your concerns.  Think of it this way, why in the heck would one company have a policy that provides that an individual's accrual of leave (money as you note!) gets transferred to another company!  Maybe the new company has a policy to let folks buy leave, who knows, but at least the rightful owner of the money (the employee) gets it, they earned it!

36 minutes ago, DOECPA said:

 On another note.  Is a Journeyman Electrician and Master Electrician the same as a Maintenance Electrician listed in a Wage Determination?

The Directory of Service Contract Act Occupations will answer your question.   You can find it here - https://www.dol.gov/whd/regs/compliance/wage/SCADirV5/SCADirectVers5.pdf

You might want to wander through the USDOL website for any other questions you have before raising a question here!

Share this post


Link to post
Share on other sites

DOECPA, is this a statement or question "Money gets transferred from predecessor contractor to the new contractor"?  If a statement, what requires the predecessor contractor to transfer money to the successor?

Share this post


Link to post
Share on other sites

Hey,  a kid that I met at Boy’s State,  (https://www.legion.org/boysnation/stateabout)  was a “Carny” at the Minnesota State Fair the next summer. He was running the “Wild Mouse” roller coaster on the Midway. 🤠

 

Share this post


Link to post
Share on other sites

It is not uncommon for military bases to contract out for carnivals. They are usually written as concessionaire contracts with a split of the profits going back into Morale, Welfare, and Recreation activities.

Share this post


Link to post
Share on other sites
38 minutes ago, Don Mansfield said:

It's reassuring to know they are getting paid the prevailing wage.

Ha... Yeah but for the Government contract they all need to be "on the books." Some of them probably end up making less once IRS takes its cut.

Share this post


Link to post
Share on other sites
4 hours ago, cds said:

It is not uncommon for military bases to contract out for carnivals. They are usually written as concessionaire contracts with a split of the profits going back into Morale, Welfare, and Recreation activities.

 So would that be a non-appropriated fund instrumentality (NAFI) contract? 

Share this post


Link to post
Share on other sites

Create an account or sign in to comment

You need to be a member in order to leave a comment

Create an account

Sign up for a new account in our community. It's easy!

Register a new account

Sign in

Already have an account? Sign in here.

Sign In Now

×