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I am a supporting an acquisition for security system maintenance and equipment installation, as a consultant, which the Agency has determined is subject to the Service Contract Act and DOL wage determinations. The Agency has modified the SCA Directory of Occupations 5th Edition labor category descriptions for those positions covered under the wage determination to include a minimum number of years experience and/or technical training requirements. For example, for 23181 Electronics Technician Maintenance I the Agency has added a requirement for a minimum of 1 plus years of equivalent technical experience and/or military technical training, Level II 3 plus years of equivalent technical experience and/or military technical training, and Level III 5 plus years of equivalent technical experience and/or military technical training. Is this an acceptable practice? I haven’t been able to find anything in my research that specifically precludes an Agency from modifying the description. I called DOL Wage and Hour Division last week and left a message however no one has returned the call. If anyone has a reference which supports/does not support this practice, it would be greatly appreciated.

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The modification to the description doesn't have anything to do with determining prevailing wages. The appropriate wage determination will be included in the solicitation package and resultant award. The Agency's rationale is they want to make sure to get personnel with what they have determined is the appropriate level of experience/training to perform the SOW requirements.

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3 hours ago, Retired CO said:

I am a supporting an acquisition for security system maintenance and equipment installation...

I can't speak to any agency-specific concerns, as I have no connection to HHS.

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The Agency's rationale is they want to make sure to get personnel with what they have determined is the appropriate level of experience/training to perform the SOW requirements.

 

It seems like the Government is just using the SCA labor categories for its own purposes.  While it might not be the epitome of a performance-based services acquisition, I'm not sure that makes it impermissible.

FAR 39.104, entitled, "Information technology services," reads, "When acquiring information technology services, solicitations must not describe any minimum experience or educational requirement for proposed contractor personnel unless the contracting officer determines that the needs of the agency (a) [c]annot be met without that requirement; or (b) [r]equire the use of other than a performance-based acquisition (see subpart 37.6)." (emphasis added).  I don't know if FAR 39.104 applies to your facts, but, even if it does, it would seem like it would be relatively straightforward to get the PCO to prepare a determination, assuming the requirements reflect the Government's minimum needs.  More generally on contractor employee personnel experience or education requirements, see http://www.wifcon.com/pd15_305a3key.htm.  Sorry if none of this is responsive to your question.

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