Mcnamara o hara service contract act of 1965 as amended l.jpg
This presentation is the property of its rightful owner.
Sponsored Links
1 / 14

McNamara-O’Hara Service Contract Act of 1965 – As Amended PowerPoint PPT Presentation


  • 536 Views
  • Uploaded on
  • Presentation posted in: General

McNamara-O’Hara Service Contract Act of 1965 – As Amended. FAR Subpart 22.10. Purpose. Mandatory provisions to provide: Minimum wages & fringe benefits Safe & sanitary working conditions Notification to employees Minimum allowable compensation

Download Presentation

McNamara-O’Hara Service Contract Act of 1965 – As Amended

An Image/Link below is provided (as is) to download presentation

Download Policy: Content on the Website is provided to you AS IS for your information and personal use and may not be sold / licensed / shared on other websites without getting consent from its author.While downloading, if for some reason you are not able to download a presentation, the publisher may have deleted the file from their server.


- - - - - - - - - - - - - - - - - - - - - - - - - - E N D - - - - - - - - - - - - - - - - - - - - - - - - - -

Presentation Transcript


Mcnamara o hara service contract act of 1965 as amended l.jpg

McNamara-O’Hara Service Contract Act of 1965 – As Amended

FAR Subpart 22.10


Purpose l.jpg

Purpose

Mandatory provisions to provide:

  • Minimum wages & fringe benefits

  • Safe & sanitary working conditions

  • Notification to employees

    • Minimum allowable compensation

    • Equivalent Federal employee classifications and wage rates


Applicability l.jpg

Applicability

  • Over $2,500

  • Performance within the US

  • Principle purpose is to furnish services

    • Examples of covered contracts (FAR 22.1003-5):

      • (d) Food service & lodging

      • (k) Maintenance & repair of equipment, e.g., engines & electrical motors (22.1003-6 distinguishes between “repair” and “remanufacturing”)


Exemptions l.jpg

Exemptions

  • Construction

  • Walsh-Healey

  • Transportation

  • Communications act of 1934

  • Postal contract stations

  • ADP, scientific, medical, or office machine equipment


Exemptions5 l.jpg

Exemptions

  • Employment contracts with individuals

  • Administrative limitations, variances, tolerances, and exemptions

    • Positions classified as “bona fide executive, administrative, or professional capacity”

    • Defined in 29 CFR 541

    • E.G., Doctors, lawyers, accountants


Collective bargaining agreements cba l.jpg

Collective Bargaining Agreements (CBA)

  • Predecessor contracts containing a CBA

  • FAR 22.1008-2

    • Follow-on contracts >$2,500

      • Substantially the same services

      • Performed in the same locality

      • Must pay wages & fringe benefits at least equal to those in CBA under predecessor contract (section 4(c) of the act)


Wage determinations l.jpg

Wage Determinations

  • Definition

    • FAR 22.1001: minimum wages or fringe benefits applicable to the employment in a given locality of one or more classes of service employees

  • Use www.wdol.gov to retrieve WDs

  • Submission of SF98 & 98a to DoL no longer required if WD is available on-line…but…


Selecting wds l.jpg

Selecting WDs

  • You will still need most of the same information as was required on the 98 & 98a

    • Place of performance (County & State)

    • Employee classifications

    • FAR 52.222-42, Statement of Equivalent Rates for Federal Hires


Place of performance l.jpg

Place of Performance

  • National Association of Counties web page

    • http://www.naco.org/Template.cfm?Section=Data_and_Demographics&Template=/cffiles/counties/city_srch.cfm

  • FAR 22.1009: Place of performance unknown


Employee classifications l.jpg

Employee Classifications

  • Service Contract Act Directory of Occupations, 5th Edition

    • Available at: http://www.dol.gov/esa/whd/regs/compliance/wage/SCADirV5/SCADirectVers5.pdf

      • Occupational descriptions – ensure you’ve selected the appropriate classification

      • Federal grade equivalent – what the GS or WG classification would be if the employee were a Federal employee


Statement of equivalent rates for federal hires l.jpg

Statement of Equivalent Rates for Federal Hires

  • FAR 52.222-42 must be filled-in

  • Determine Federal grade equivalents: http://www.dol.gov/esa/whd/regs/compliance/wage/SCADirV5/Vers5ContentsTable.pdf

  • Determine hourly rates for each classification:

    • GS positions

      • http://www.opm.gov/oca/07tables/indexGS.asp

      • Use Step 1

    • WG positions:

      • http://www.cpms.osd.mil/wage/

      • Use Step 2 for nonsupervisory; use Step 3 for supervisory


Administrative requirements l.jpg

Administrative Requirements

  • FAR 22.1018, “Notification to Contractors and Employees”

    • DoL Pub WH-1313 (poster) with WD attached provided to contractor at time of award

    • Don’t forget to include 52.212-5 & a copy of the WD as part of a PO/contract


Requests to dol l.jpg

Requests to DoL

  • If no applicable WD is available on-line, an e98 must be submitted requesting a WD from DoL

  • If the employee classification is not listed on the WD, the classification must be “conformed”


Clauses l.jpg

Clauses

  • 52.212-5 (c)(1)

    • 52.222-41, SCA (dated July 2005)

  • 52.212-5(c)(2)

    • 52.222-42, Equivalent Rates

      • Fill in with classifications and rates

    • Consider 52.222-44, FLSA & SCA Price Adjustment if lengthy performance period


  • Login