Application of Service Contract Labor Standards (FAR 52.222-41)

[lawyergirl]

Hello:  My company recently received a bridge contract from the government that did not flow down FAR 52.222-41 (service contract labor standards).  Does anyone know if this FAR automatically applies (and hence needs to be flowed down to our subcontractors)? Or conversely, if we don't need to flow it down b/c it was not in the prime/bridge contract)?

Many thanks in advance for any guidance!

 

[Retreadfed]

1 hour ago, lawyergirl said:

My company recently received a bridge contract from the government that did not flow down FAR 52.222-41 

I presume by "flow down" that you mean the government did not include the clause in the prime contract.  If that is what you mean, is the prime contract one which meets the criteria for application of the clause?  

[lawyergirl]

Yes, that is what I mean -- the government did not flow it down in the prime contract.  And yes, the contract is for commercial items, and meets the criteria for application of the clause.   

[C Culham]

13 hours ago, lawyergirl said:

Yes, that is what I mean -- the government did not flow it down in the prime contract.  And yes, the contract is for commercial items, and meets the criteria for application of the clause.   

I highly suggest requesting the CO, in writing, to clarify if SCA applies or not.  If the answer from the CO is yes then the contract should be modified to include.  If the answer from the CO is "No" you either agree with that answer and continue with contract performance but be aware that if pursuant to some kind of a review DOL determines that the contract is subject to SCA then you (and your subcontractors) would be held responsible for compliance with SCA.    If you do not agree with the answer from the CO that SCA does not apply remember the DOL has the final say so you could consider contacting the DOL yourself, asking if SCA applies and go from there with regard to their answer.

Some references in the FAR that you may want to visit are - 

FAR 22.1003-7

FAR 22.1015

It is a matter that should be addressed to the CO immediately as by definition subcontractors are the "contractor" to which the provisions of SCA applies.  (Ref. FAR 22.1001)  Failing to clarify the applicability of SCA could lead to much confusion and conflict with regard to the subcontracts at any tier if not clarified immediately.

[lawyergirl]

Thank you so much!