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Is this true?

 

On a GSA schedule, Contractor has identified an LCAT as covered by SCA LCAT at the contract level. Call the LCAT “Clerk 2.”

Contractor gets a task order on the GSA schedule. There is no wage determination attached to the task order, and the task order does not in any way indicate it is covered by SCA.

Contractor proposes and invoices a staff member as Clerk 2 on the task order.

Contractor does not have to pay that person the SCA wage and benefits, as the SCA determination applies only at the task order level.

 

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I'm not a lawyer, but I think I recall hearing somewhere that the contractor has to comply with the Service Contract Act whether or not the contract has a wage determination attached.

I just did a search, and found this:

  • Even if the solicitation does not address the SCA directly in one of the foregoing ways, the resulting contract could still be covered by the SCA if all of the following factors are met: (a) award by the United States Government or the District of Columbia; (b) the contract is principally one for services (as opposed to construction, manufacturing or product work) that will be performed by “service employees” (a term that includes independent contractors, temporary and contract workers) who are not exempt under the Fair Labor Standards Act; (c) the contract is expected to exceed $2,500; and (d) at least some portion of the services will be performed in the United States or its territories. If the answer to these four questions is yes, you may still need to consider the applicability of the SCA and should probably seek legal counsel for advice—even if the FAR SCA clause and/or a wage determination are not included with the solicitation or contract.
  • https://www.wiley.law/newsletter-4516

 

 

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Also in 2016 GSA changed the rules to where agencies are to put Wage Determination in TOs rather than GSA putting in contract.  Do an internet search and you will find the policy change.

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ji20874 and Carl are correct.  DoL will cite what’s referenced and several other things saying SCA applies even if it’s not specifically included.  DoL also pressured GSA through lobbyists and Congressional reps to ensure it applies to all orders by agency obtaining Wage Determinations current with the orders and specific localities. 

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