The general requirement in SCA section 4(d) for the periodic update of wage determinations directs the contracting agencies to update wage determinations in awarded multi-year contracts. It is not a directive to DOL to update its wage determination database no less often than every two years. To that end, we have summarized below several issues that contractors should consider when bidding on an SCA-covered contract. 2022 by United Federation LEOS-PBA - MD Maryland all rights reserved -, https://www.dol.gov/agencies/whd/government-contracts/service-contracts/faq. REGISTER OF WAGE DETERMINATIONS UNDER THE SERVICE CONTRACT ACT. This rule has no environmental health risk or safety risk that may disproportionately affect children. Any employer, employee, labor or trade organization, contracting agency, or other interested person or organization may report an apparent violation to any office of the Wage and Hour Division. Again, the online response will assign a unique serial number to the e98. Is the health and welfare rate included in the hourly rate on the WD? the official SGML-based PDF version on govinfo.gov, those relying on it for The DOL believes that these matters are adequately addressed within the e98 system and the proposed regulations. Additional classifications needed that are not on the form may be typed in the blank spaces or on a separate list and attached to the form. Yes. : 2017-0196 . Payment of minimum compensation based on collectively bargained wage rates and fringe benefits applicable to employment under predecessor contract. It's important to know that how you calculate H&W depends on the wage determination. Alternatively, contracting agencies may select and obtain a wage determination using WDOL. In a related recommendation, the CSA suggests removing the provision in this section that requires use of the wage determination incorporated in the contract documents. Items 19 and 20 in Appendix A of part 1 are revised to read as follows: 19. TRAVEL AND/OR SUBSISTENCE: IN ACCORDANCE WITH LABOR CODE SECTIONS 1773.1 AND 1773.9, CONTRACTORS SHALL MAKE TRAVEL AND/OR SUBSISTENCE PAYMENTS TO EACH WORKER TO EXECUTE THE WORK. (2) If an applicable prevailing wage determination is not available on the WDOL site, the contracting agency must submit an e98 in accordance with 4.4(b). These wage determinations should be included with the solicitation but are also publicly available now at beta.sam.gov. The wage rates and fringe benefits required are specified in the SCA wage determination included in the contract. If the collective bargaining agreement does not apply to all service employees under the contract, the agency shall identify the employees and/or work subject to the collective bargaining agreement. The email monitoring provision of proposed 4.4(b)(3) is similar to the proposed 4.4(c)(3) requirement for contracting agencies to monitor the WDOL website to determine whether the applicable wage determination has been revised. The CSA believes the definition may cause potential confusion among contractors and contracting agencies. There may also be situations, such as periods of leave (e.g., 2-week vacation), during which contracting agencies may not believe it practical to update email addresses; thus, to require resubmission of an e98 in all cases could be unduly burdensome. A link to the e98 site is provided. More information and documentation can be found in our p.usa-alert__text {margin-bottom:0!important;} Service contracts which do not exceed $2,500 are not subject to wage and fringe benefit determinations or to the safety and health requirements of the SCA. The site is secure. Collective Bargaining Agreements (CBAs). The $2.56 (total benefit) rate will be grandfathered until the new single benefit rate reaches or exceeds $2.56. (b)(1) If a general wage determination is not available, the Federal agency shall request a wage determination under the Davis-Bacon Act or any of its related prevailing wage statutes by submitting Form SF-308 to the Department of Labor at this address: U.S. Department of Labor, Employment Standards Administration, Wage and Hour Division, Branch of Construction Contract Wage Determination, Washington, DC 20210. Maryland Counties of Calvert, Charles, Prince George's Virginia . An employee engaged in an occupation in which he or she regularly receives more than $30 a month in tips may have the amount of tips credited by the employer against the minimum wage required by the SCA. Higher-tiered contractors also may want to consider also including subcontractor indemnity provisions in the event a subcontractor or independent contractor fails to comply with the SCA. Higher-tiered contractors are jointly and severally liable for SCA violations by lower-tier contractors and it is critical to include required SCA clauses and wage determinations in every SCA covered subcontract. The proposed rule adopted the WDOL website as the single source for obtaining DBA general wage determinations and eliminated publication of notices in the Federal Register. This includes local . The SCA mapping process typically will include the following steps: Contractors must also consider the issues faced by using subcontractors and/or independent contractors to perform SCA covered work. 17. However, the SCA does require that employees performing work on such contracts be paid not less than the above minimum wage rate provided by section 6(a)(1) of the Fair Labor Standards Act. The DOL has not made these remaining changes, for the reasons discussed. Document page views are updated periodically throughout the day and are cumulative counts for this document. This rule also could impact SCA fringe benefit obligations, particularly SCA vacation benefits that are based on employee years of service with a contractor or a predecessor contractor. After the agency selected an applicable SCA wage determination, it would notify the WHD of its selection by the submission of a Form SF-98 after the fact. . 657 (D NJ 1974); Marine Engineers Beneficial Assn., District 2 v. Military Sealift Command, 86 CCH Labor Cases 33,782 (D DC 1979); Brinks, Inc. v. Board of Governors of the Federal Reserve System, 466 F. Supp. In addition, some occupational rates on the wage determination may be taken directly from the Non-Appropriated Fund schedule, Federal Wage System schedule, or the General Schedule "white collar" pay scales. Section 1 of the Davis-Bacon Act (DBA), as amended, 40 U.S.C. The CSA makes a general recommendation to substitute website for Internet Web site and to remove quotation marks from e98. Establishing a prevailing wage rate for these classifications can be accomplished through a "slotting," procedure, utilizing the grading system for Federal employees. The contracting agency must request a wage determination for every covered contract in excess of $2,500 regardless of the number of employees expected to be employed on the contract. You may disable these by changing your browser settings, but this may affect how the website functions. 4.1b. This Memorandum is notification from the Department of Labor's (DOL) Wage and Hour Division (WHD) of its FY 2022 Davis-Bacon Wage Survey Plan. If the Department of Labor subsequently determines that an incorrect wage determination was applied to a specific contract, the contracting agency, in accordance with 4.5, shall amend the contract to incorporate the correct wage determination as determined by the Department of Labor. However, because of the complexities of the SCA and its implementing regulations, this summary is meant only as general guidance and not a substitute for a thorough fact-specific analysis of a particular SCA-covered opportunity. The work group also looked at adding non-standard wage determinations to the online system. If no wage determination has been made applicable to the contract, employees performing work under the contract must be paid not less than the federal minimum wage provided in section 6(a)(1) of theFair Labor Standards Act. The CSA believes the change would make the regulation more consistent with the purpose of the regulation, to take advantage of wide use of electronic communication and information sharing. The DOD and Navy also seek to revise 4.4(b)(5) and 4.5(d) to have the contracting officer follow up with the DOL, if the contracting agency has not received a response within 10 business days of the submission of the original e98 notice or within 15 business days of the submission of the collective bargaining agreement. WDOL offers users a number of unique features in a web-based environment. Look in the Blue Pages under U.S. Government, Wage and Hour Division, for your local office. (5) If the proposed contract is for a multi-year period subject to other than annual appropriations, the contracting agency shall, unless otherwise advised by the Wage and Hour Division, obtain a new wage determination on each biennial anniversary date of the proposed multi-year contract in the event its term is for a period in excess of two years. The wage rates and fringe benefits so determined for any class of service employees to be engaged in furnishing covered contract services in a locality shall be made applicable by contract to all service employees of such class employed to perform such services in the locality under any contract subject to section 2(a) of the Act which is entered into thereafter and before such determination has been rendered obsolete by a withdrawal, modification, revision, or supersedure. 3148; and the laws listed in appendix A of this part. The WD will indicate the H&W hourly rate . the material on FederalRegister.gov is accurately displayed, consistent with In addition, it is not clear that the other sources identified by the Navy would provide the same level of detail and information as called for under 1.4 of the Regulations. The CSA also urges revising the last sentence of 4.54(b), to provide for the issuance of wage determinations for various localities identified by the contracting agency as set forth in 4.4(a)(3)(i) using the e98 process or 4.4(c) using the WDOL process. The final rule does not adopt the suggested change. Since most responses are provided via email, a correct email address is critically important. Archived versions of SCA wage determinations that are no longer current may be accessed in the Archived SCA WD database of WDOL for information purposes only. The DOD and Navy suggest removal of the fourth sentence of this proposed section, as initially drafted, which provides that, if (1) the contract does not specify a start of performance date which is within 30 days from the award and/or (2) performance of such procurement does not commence within this 30-day period, the DOL shall be notified and any notice of a revision received by the agency not less than 10 days before commencement of the contract shall be effective. However, the contractor has the option of resubmitting a new conformance request. Does the Federal agency enter the CBA occupations on the Standard Form 98-A or leave it blank since the CBA is attached? Paragraphs (e)(1)(iv)(A) and (e)(2)(iii)(A) of 4.123 are revised to read as follows: (iv)(A) If the Administrator determines after award of the prime contract that any of the requirements in paragraph (e)(1) of this section for exemption has not been met, the exemption will be deemed inapplicable, and the contract shall become subject to the Service Contract Act, effective as of the date of the Administrator's determination. This issue is best raised by direct communication with the contracting officer in writing. In the event the agency has reason to believe that any such collective bargaining agreement was not entered into as a result of arm's-length negotiations, a full statement of the facts so indicating shall be transmitted with the copy of such agreement. The agencies believe such a change would help clarify how to locate the e98. L. 107-217. Because the MOU program proved to be quite successful, it subsequently was expanded to numerous other agencies. If approved, the wage and fringe benefits must be paid to all employees performing in the classification from the first day the contract work is performed. The final rule incorporates these plain language changes. 5341 or 5 U.S.C. Do tips count as part of an employee's minimum wage which must be paid by the contractor? Even if the solicitation does not address the SCA directly in one of the foregoing ways, the resulting contract could still be covered by the SCA if all of the following factors are met: (a) award by the United States Government or the District of Columbia; (b) the contract is principally one for services (as opposed to construction, manufacturing or product work) that will be performed by service employees, a broadly defined term that includes most workers not exempt from the Fair Labor Standards Act (FLSA) minimum-wage and overtime requirements (whether as employees, independent contractors, or temporary and contract workers)); (c) the contract is expected to exceed $2,500; and (d) at least some portion of the services will be performed in the United States or its territories. 14. The appropriate wage determination shall be incorporated in the resultant contract documents and shall be applicable to all work performed thereunder (regardless of whether the successful contractor subsequently changes the place(s) of contract performance). The proposed regulation provides for the DOL to make wage determinations available for public inspection through the National and five Regional Offices of the WHD during regular business hours and through WDOL. A wage determination is effective upon its publication on the WDOL Web site or when a Federal agency receives a response from the Department of Labor to an e98. In the case of a contract modification, an exercise of an option or extension of an existing contract, or any other case where a contractor succeeds a contract under which the classification in question was previously conformed, a new conformed wage rate may be assigned to the conformed classification by indexing (i.e. These rules are effective on September 26, 2005. As prescribed by the regulations, this benefit rate is derived from the latest Bureau of Labor . This rule has been treated as a significant rulemaking, although not economically significant or major, and has, therefore, been reviewed by OMB. The final rule retains the provision. (i) However, revisions received by the Federal agency later than 10 days before the opening of bids, in the case of contracts entered into pursuant to competitive bidding procedures, shall not be effective if the Federal agency finds that there is not a reasonable time still available to notify bidders of the revision. 2(a)(2) -Fringe Benefits.
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