Beersheba Posted December 8, 2023 Report Share Posted December 8, 2023 Somehow I thought the Service Contract Act applied to all Federal Contracts, so long as the listed labor categories were being employed. Now I'm hearing rumble that contracting officers can put the SCA into an RFP, or can leave it out. I do now that COs dislike having to come up with RFEA money, and union scale and benefits are frowned upon in certain parts of the US. Am I misinformed? Comments please? Link to comment Share on other sites More sharing options...
joel hoffman Posted December 11, 2023 Report Share Posted December 11, 2023 FAR Subpart 22.10 - Service Contract Labor Standards “22.1000 Scope of subpart. This subpart prescribes policies and procedures implementing the provisions of 41 U.S.C.chapter 67, Service Contract Labor Standards (formerly known as the Service Contract Act of 1965), the applicable provisions of the Fair Labor Standards Act of 1938, as amended ( 29 U.S.C.201, etseq.), and related Secretary of Labor regulations and instructions (29 CFR parts 4, 6, 8, and 1925)….” FAR 22.1002 Statutory and Executive order requirements. “22.1002-1 General. Service contracts over $2,500 shall contain mandatory provisions regarding minimum wages and fringe benefits, safe and sanitary working conditions, notification to employees of the minimum allowable compensation, and equivalent Federal employee classifications and wage rates. Under 41 U.S.C.6707(d), service contracts maynot exceed 5 years. 22.1002-2 Wage determinations based on prevailing rates. Contractors performing on service contracts in excess of $2,500 to which no predecessor contractor’s collective bargaining agreement applies shall pay their employees at least the wages and fringe benefits found by the Department of Labor to prevail in the locality or, in the absence of a wage determination, the minimum wage set forth in the Fair Labor Standards Act.” Read on in FAR Subpart 22.10… Link to comment Share on other sites More sharing options...
joel hoffman Posted December 11, 2023 Report Share Posted December 11, 2023 On 12/7/2023 at 8:05 PM, Beersheba said: Now I'm hearing rumble that contracting officers can put the SCA into an RFP, or can leave it out. What is “rumble”??? Who is the “rumbler”? To me that is a questionable (actually ridiculous looking/sounding) statement that I would challenge the “rumbler” to explain and prove. Did you do that? Im assuming that this concerns contracts in the United States… See, of course, also the applicability and non-SCA employee exemptions in Part 22… Link to comment Share on other sites More sharing options...
ji20874 Posted December 11, 2023 Report Share Posted December 11, 2023 On 12/7/2023 at 9:05 PM, Beersheba said: Somehow I thought the Service Contract Act applied to all Federal Contracts, so long as the listed labor categories were being employed. Beersheba, Your thought was imprecise. See FAR 22.1003-1 through -7 for an understanding of which contracts are subject to Service Contract Labor Standards (note that the FAR uses SCLS instead of SCA in many instances). Here is a way to think about it -- it isn't a perfect analogy, but maybe it will be helpful -- if you want a hamburger for lunch, will you contract for a hamburger as (1) a supply contract, where the contractor will deliver a hamburger to the designated place at the designated time; or (2) a service contract, where the contractor will hire workers to produce a hamburger for you? The first contract might not be subject to SCLS, but the second one might be. Link to comment Share on other sites More sharing options...
bob7947 Posted December 18, 2023 Report Share Posted December 18, 2023 Topic locked in accordance to Rule 17. Quote 17. Original posters must not disappear after they post a question. Disappearing makes it impossible to provide clarifications of the original post so that others may respond intelligently. It is normal for the original poster to be asked for clarification. The Orginal Poster has 5 calendar days after the original post to answer any questions. After that, the Topic will be locked. Link to comment Share on other sites More sharing options...
Recommended Posts