What Is a Federal Service Contract

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If a violation is found as a result of an investigation by the Ministry of Labour, contractors and subcontractors have the right to appeal against this decision of the Authority and to request a hearing before an administrative judge. If the administrative judge rules against the contractor, this decision may be challenged before the Administrative Audit Committee. The Commission`s final decisions can be challenged in federal courts. Other decisions of the last panel against which no appeal is brought may be enforced by the federal courts. (c) In the case of contractual measures that are not sealed offers, a revised salary fixation in force received by the customer after the award of a new contract or modification in accordance with article 22.1007 (b) will not be effective if the commencement of performance takes place within 30 days of the specified award or modification. If the contract does not stipulate a start of performance that is within 30 days of the specified award or modification, and the execution of the contract does not begin within 30 days of the specified award or modification, any modification received by the customer at least 10 days before the start of the work will be effective. (ii) In any resulting contract in which the Contractor has determined, in accordance with paragraph 22.1003-4(c)(3), that the Act respecting labour standards does not apply to contracts for services. The FCC applies to contracts entered into by federal and District of Columbia agencies where the primary purpose of the contract is to provide services in the United States through the use of service personnel. The definition of “service employee” includes any employee who provides services under a covered contract, with the exception of a bona fide managerial, administrative or professional employee who meets the exemption criteria set out in article 29 C.F.R. § 541 (a) Successor contractors who perform contracts of more than $2,500 for substantially the same services provided at the same location must pay wages and benefits (including salaries and accrued benefits and planned increases) at least equal to those contained in a bona fide collective agreement entered into under the previous agreement. This requirement is self-implementing and does not depend on whether a salary determination or the salary and benefits conditions of the collective agreement of the predecessor contract are included in the successor contract.

This requirement does not apply if the Secretary of Labour determines that the Service Contracts Act, also known as the McNamara-O`Hara Service Contract Act (SCA), is a federal law that governs the aspect of service contracts between individuals or businesses and the federal government, including the District of Columbia, for contractors to hire “service employees” to provide services to these government agencies. (a) the contracting entity should determine whether the incumbent`s service workers or its subcontractors performing the current contract are represented by a collective negotiator; Where there is a collective bargaining agent, the contract agent shall inform the incumbent contractor and the collective bargaining advisor in writing of its employees: (1) in the case of sealed tender contracts, more than 10 days before the contract is awarded; or violations of clause 52.222-41, Labour Standards of the Service Contract, as amended, will hold the Contractor liable for the amount of insufficient deductions, rebates, refunds or payments (including non-payment) of any compensation that performs the Contract. The contract agent may withhold the amount necessary to retain these underpaid employees from accumulated payments due to the contractor under the contract or other main contract (whether or not it is subject to the Act respecting labour standards for the service contract) – or, at the written request of the Ministry of Labour, at a level, which is not less than that of the Deputy Regional Administrator, Department of Wages and Working Time, Ministry of Labour. The Agency deposits the amount withheld in a deposit fund. These retained funds are transferred to the Ministry of Labour for payment to underpaid employees by order of the Secretary (or authorized representatives) and the Administrative Judge or Administrative Review Committee. In addition, the Ministry of Labour has granted a general authorization to pass on the funds withheld until the conclusion of an investigation or other administrative procedure, if the disposition of the funds withheld remains the last measure necessary for the conclusion of a contract. (1) The upcoming successor contract and the applicable acquisition dates (invitation to submit, opening of tenders, opening of negotiations, award of contracts or commencement of services); or If you are proposing work categories or a fixed-price service, either as part of a new schedule offer or by modifying an existing schedule, you should ask yourself: could these services fall under the CAS? In addition to salary and benefit rights, employees have the right to work in a safe environment, free from hazards and unsanitary conditions. The Occupational Safety and Health Administration (OSHA) is a federal agency responsible for inspecting and enforcing workplace safety. (1) Exemption. The Minister of Labour has excluded from service contracts contracts contracts of employment and subcontracts whose primary purpose is to maintain, calibrate or repair the following types of equipment if the conditions set out in paragraph (c)(2) of this subsection are met: (1) to obtain wage determinations for additional performance sites and to amend the application to include all wage provisions. If necessary, the procuring entity shall extend the time limit for the submission of final tenders; Next, you must consider the FCC-specific requirements that govern the salaries and benefits you pay to employees insured by the FCC under the contract or subcontract.

If the contract is subject to the FCC, you must determine which wage establishment or FCC agreement requires the minimum wage and benefits. There are two types of documents that govern salaries and benefits under the FCC: (i) a DoL salary establishment, or (ii) collective agreements (CBA). In DoL payroll determinations, geographic location or place of performance determines the rate of pay that governs your obligations. These salary determinations must be attached to the call, but are also available to the public in the event of a www.wdol.gov. For applications containing the ABC of a predecessor contractor, it is extremely important to have access to a copy of this CBA, because under the LSA, a successor contractor – even a non-unionized successor contractor – is likely to be required to compensate its employees at the ABC-specific wage and benefit rates of the predecessor contractor. In addition, regardless of the type of wage setting included in the call, it is also crucial to determine whether the current application or contract is subject to the recently adopted rules on the non-displacement of skilled workers. See Wiley Rein Alert, “FAR Council Issues Final Rule on Non-Displacement of Qualified Workers Under Service Contracts.” These non-travel arrangements contain significant obligations and could affect potential staffing under the contract and ancillary service obligations, in particular with respect to vacation benefits, which are generally based on an employee`s years of service with a predecessor contractor or contractor. (ii) The contract agent has informed the incumbent contractor and the collective bargaining agent of its employees in good time (see 22.1010). .