(3) (i) Unless provided for in paragraph (e)(3)(ii) of this section, a contract agent shall insert the provision of section 52.222-52, Exception to the Application of Contract of Employment Standards to Contracts for Certain Services – Certification, in applications that: (a) Labour Standards Provisions for Contracts for Services (29 CFR Part 4, subsection (A); (c) any contract for the carriage of goods or personnel by ship, aircraft, bus, truck, express, train or oil or gas pipeline, where published tariffs are in force; (iv) Maintenance, calibration, repair and/or installation (where the facility is not subject to the Construction Wage Rate Requirements Act as set out in 29 CFR 4.116(c)(2)) Services for all types of equipment where services are obtained from the manufacturer or supplier of the equipment under a single-source contract. (3) That the client obtain salary determinations for other possible performance venues upon written request. Where appropriate, the FCC has a significant influence on how contractors (and subcontractors) must compensate certain service employees, and strict compliance with the FCC is mandatory. Failure to comply with the SCA can lead to numerous problems during or after enforcement, including Ministry of Labor (DoL) investigations, whistleblowing actions, payment of deficient wages to existing and former employees, and possible suspension and exclusion. Therefore, we strongly recommend that contractors establish a CAS compliance program that addresses these issues early in the bid preparation process. Just like the word “union,” the term “SCA” can make almost every HR professional shudder at compliance anxiety. Over the years, in my experience in human resources consulting, this fear is usually due to a lack of understanding of the regulations contained in the Service Contracts Act, also known as the Labour Standards on Service Contracts. Below, we`ll break down the basics of the regulation so you can then start formulating a plan on how you`ll apply this information to your SCA contracts. (b) databases available on the Internet to compile lists of potential suppliers and contractors. If you are proposing work categories or a fixed-price service, whether as part of a new schedule offer or by modifying an existing schedule, you should ask yourself: could these services fall under the CAS? If you`re feeling overwhelmed by all of the above information, it`s important to know that you`re not alone. Many contractors struggle with the basic concepts of sca, not to mention the actual enforcement and compliance throughout the duration of the contract. A good understanding of the intent of the regulation is the best starting point for compliance.
Human resources, finance, contracts, program managers and business leaders must come together to apply consistent practices that comply with the Service Contracts Act. To become more familiar with the regulations, consult the Labour Standards for Federal Service Contracts in the Electronic Code of Federal Regulations. If a determination of wages has been obtained under the e98 procedure and the opening of the tender or the commencement of work under a negotiated contract has been delayed for any reason by more than 60 days from the date indicated on the previously submitted e98, the procuring entity shall submit a new e98. Any revision of a salary determination received by the principal under this notice will replace the previous response as a determination of the salary applicable to the relevant acquisition, subject to the time limits set out in paragraphs 22.1012-1(b) and (c). (i) Certain specialized services that require special skills, such as . B design, illustration, graphic design, stenographic reports or cremation. (v) the carriage of passengers by common carriers by air, motor, rail or sea on scheduled routes or on standard commercial services (excluding charter services). The contract agent cooperates with representatives of the Ministry of Labour in the examination of files, interviews with service staff and all other aspects of investigations conducted by the department. Upon request, the agencies will provide the payroll and schedule administrator or an agent with all available information about contractors, subcontractors, their contracts and the nature of the contractual services. The contract staff member shall immediately notify the competent regional office of the Department in writing of any infringement and manifest complaint received. Employee complaints are not disclosed to the employer. (2) The wages of employees shall be an hourly rate for each category.
The rate is obtained by dividing the general tariff level one by 80 every two weeks. Even if your business falls under one of these exceptions, employees must meet certain salary requirements and criteria regarding their professional duties in order to qualify as exempt employees. You should consult with your lawyer or HUMAN RESOURCES professional to ensure that your exempt employees meet the requirements, as the Ministry of Labour may conduct audits. (b) Reconditioning does not include the repair of damaged or broken equipment that does not require complete demolition, overhaul and conversion in accordance with paragraphs (a) (1) and (a) (2) of this subsection, or the regular and routine maintenance, maintenance, adaptation, maintenance or maintenance of the equipment to keep it in usable, maintainable and functional condition. These contracts are usually invoiced on an hourly basis (work plus materials and parts). Any contract that applies primarily to this type of work is subject to the Labour Standards Act for service contracts. Examples of such work include: This Act applies only to service contracts awarded by the federal government or the District of Columbia government. Some contracts covered by sca also require construction work that is subject to the applicable salary requirements of the Davis-Bacon Act. Employees performing SCA contract work may also be subject to overtime pay requirements under the Contract Hours of Work and Safety Standards Act (which applies to major contracts over $100,000) and/or the Fair Labour Standards Act. .