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Is the Micro-Purchase Threshold (MPT) still just $2,500 for most Services and just $2,000 for Construction?


GovtAcctGeek

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19 hours ago, GovtAcctGeek said:

hundreds of low-dollar SCLS-covered Services actions over the $2,500 threshold. 

I understand you have said that some but not many fall in similar or the same category of work but my interest is peaked.   What are the hundreds?  Knowing this may enlist additional thoughts that might be of help to you.

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@GovtAcctGeek

The definition of service employee is not circular. It only seems that way to you because you have not completed your research. While complicated, it is quite clear once you sort out the complications. You must do that through legal research.

"Service employee" is defined at 29 CFR 4.113(b) as follows:

Quote

(b) “Service employees” defined. In determining whether or not any of the contract services will be performed by service employees, the definition of service employee in section 8(b) of the Act is controlling. It provides:

The term service employee means any person engaged in the performance of a contract entered into by the United States and not exempted under section 7, whether negotiated or advertised, the principal purpose of which is to furnish services in the United States (other than any person employed in a bona fide executive, administrative, or professional capacity, as those terms are defined in part 541 of title 29, Code of Federal Regulations, as of July 30, 1976, and any subsequent revision of those regulations); and shall include all such persons regardless of any contractual relationship that may be alleged to exist between a contractor or subcontractor and such persons.

It will be noted that the definition expressly excludes those employees who are employed in a bona fide executive, administrative, or professional capacity as defined in part 541 of this title and as discussed further in § 4.156. Some of the specific types of service employees who may be employed on service contracts are noted in other sections which discuss the application of the Act to employees.

Thus, a service employee is any employee who is not a bona fide executive, administrative, or professional employee, as defined in 29 CFR Part 541, and who is working under a contract that is covered by the Service Contract Act of 1965. Research will show that contract coverage is prescribed by 29 CFR Subpart C.

As has been pointed out to you, research will confirm that while many service employees are traditional "blue collar" works, some are not. The Department of Labor does not consider police officers, detectives, deputy sheriffs, state troopers, highway patrol officers, investigators, or fire fighters to be "blue collar," but also does not consider them to be executive, administrative, or professional workers. 

So, if you want to know whether the micro-purchase threshold is $10,000 or $2,500 for a particular acquisition you must study (1) 29 CFR Subpart C in conjunction with (2) the definition of "service employee" as set forth in 29 CFR 4.113(b) and 29 CFR Part 541.

Nobody said learning such complicated stuff would be easy, but that's why the government needs contract specialists.

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