Who Decides Issues Relating to the Applicability of the Service Contract Labor Standards Statute

(2) Determine the place where the services will be provided (see 22.1009). (i) If, in selecting the sources for which the procuring entity has established a margin of competition, the procuring entity finds that one or more of the conditions set out in paragraphs 22.1003-4 (c) (2) (i) to (iii) of a bidder`s certificate are not met, the procuring entity shall find the irregularity vis-à-vis the tenderer before receiving the final amendments to the proposal. Unless the supplier submits a revised tender recognising the applicability of the Labour Standards Act for service contracts or demonstrating to the satisfaction of the contracting entity that it is able to fulfil all the conditions necessary for the exemption, the tender will no longer be considered for the award. (a) As set out in paragraph 4.165(a)(2), the Act does not distinguish between temporary, part-time and full-time employees with respect to its compensation provisions. Therefore, in the absence of express restrictions, the provisions of a determination of perquisites applicable apply to all temporary and part-time employees in insured employment. In general, however, such temporary and part-time workers are only entitled to an amount of social benefits specified in an applicable provision and proportional to the time spent in the insured work. The following examples illustrate the application of these principles: The McNamara-O`Hara Service Contract Act of 1965 (SCA) continues to challenge government entrepreneurs, including new and experienced players in the industry. We found that a thorough review of the FCC`s requirements in the pre-award phase can help avoid problems in the performance of the contract. To this end, we have prepared a summary of the issues that contractors should consider when bidding for a contract covered by the FCC. However, due to the complexity of the SCA and its implementing rules, this summary is intended only as a general guide and not as a substitute for an in-depth factual analysis of a particular opportunity covered by the SCA. (d) In addition to the exceptions provided for in section 7 of the Act (see section 4.115 (b)), the following types of contracts were exempted from all provisions of the Service Contracts Act 1965 under section 4 (b) of the Act prior to its amendment by Public Law 92-473, which considered necessary and appropriate exceptions that the Minister of Labour deemed necessary and appropriate in the public interest, or for serious interference in implementation.

(a) The Act, in subsection (2) of section 7, exempts from its provisions “all work that is to be performed in accordance with the provision of the Walsh-Healey Public Contracts Act” (49 Stat. 2036, 41 U.S.C. 35 et seq.). It should be noted that, like the similar provision of the Contract Work Hours and Safety Standards Act (40 U.S.C. 329(b)), this is an exception for “work”, i.e. Specifications or Requirements, and not for “contracts” that are subject to the Walsh-Healey Act. The purpose of the exemption was to eliminate possible overlaps between the different labour standards of the two Acts that could otherwise be applied to workers performing work under a contract governed by the Service Contracts Act, if that contract and their employment were also to be considered within the scope of the Walsh-Healey Act. The Walsh-Healey Act applies to contracts of $10,000 for the manufacture or supply of materials, supplies, articles or equipment. So there is no overlap if the main purpose of the order is to manufacture or supply such materials, etc.

and does not consist in the provision of services of the type referred to in the Service Contracts Act, since such a contract does not fall within the general scope of the Service Contracts Act. In such cases, the exemption in subsection 7(2) is not relevant. See e.B. discussion in §§ 4.131 and 4.132. d) Sections 2 (a) and 4 (c) should be read together. The Senate report attached to the bill that amended the 1972 bill states that “sections 2(a)(1), 2(a)(2) and 4(c) shall be read in accordance with the legal system.” 92-1131, 92nd Cong., 2nd Sess. 4.) Since paragraph 4(c) refers only to the collective agreement of the predecessor contractor, the reference to collective agreements in paragraphs 2(a)(1) and 2(a)(2) can only be understood as referring to the collective agreement of a predecessor contractor. The fact that a successor contractor may have its own collective agreement does not nullify the clear mandate of the law that the wages and benefits required in the collective agreement of the predecessor contractor are the minimum to be paid under a new (successor) contract, nor does it negate the application of an applicable wage determination issued in accordance with § 2 letter a if there was no previous applicable collective agreement. 48 Comp. Genesis 22:23-24 (1968).

Since paragraph 2(a) applies only to covered contracts in the amount of $2,500, the requirements of paragraph 4(c) also apply only to successor contracts, which may exceed $2,500. However, if the successor agreement is greater than $2,500, Article 4(c) applies regardless of the amount of the previous agreement. (See §§ 4.141-4.142 for the determination of the contract amount.) (a) The types of contracts whose main purpose is to provide services through the use of service personnel are too numerous and too diverse to allow an exhaustive list; However, the following list illustrates the types of services required by such contracts that clearly fall within the scope of the law. . . .

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