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Service Contract Act (SCA)<br />Conformance Training<br />presented to: Small Business Administration<br />Nicholas A. De ...
Resources<br />Gov’t Labor Advisors provide assistance on:<br /><ul><li>Service Contract Act (services)
Davis-Bacon Act (construction)
Walsh-Healey Public Contracts Act (manufacturing)
Labor organizing efforts
Picketing against contractors
Continue to work while negotiating
Contractor labor strikes
  When all work stops</li></li></ul><li>3<br />Resources (cont’d)<br /><ul><li>AF Labor Advisor Public Website</li></ul>ht...
The Service Contract Act, as Amended, of 1965 (FAR 52.222-41)(cont’d)<br /><ul><li> FAR 52.222-41(c) Compensation. </li></...
Accomplished via SF 1444
Requires Kr to  initiate conformance of classifications and wage rates  within 30 days after unlisted class of employee pe...
Initiated by Kr prior to the performance of contract work by the unlisted class of employee
Kr submits completed SF1444 (including employee agreement/disagreement) to the CO
CO shall promptly submit SF1444 to the DoL
DoL reviews/responds within 30 days</li></li></ul><li>The Service Contract Act, as Amended, of 1965 (FAR 52.222-41)(cont’d...
X<br />97 CONS/LGCA456 Main StreetAltus AFB, OK  73521<br />Anytown Services Company<br />20 Oct 2008<br />3 Sep 2008<br /...
OK 05-2525, Rev. 9<br />07/22/2009<br /> Lead Environmental Technician <br />The Environmental Technician II conducts test...
If the conformance is for more than one employee, Kr may duplicate block 16 onto a separate sheet of paper and include all...
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sca conformance_training

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Transcript of "sca conformance_training"

  1. 1. Service Contract Act (SCA)<br />Conformance Training<br />presented to: Small Business Administration<br />Nicholas A. De Quiroga<br />AF Regional Administrator<br />Central Region<br />SAF/AQC<br />April 2010<br />
  2. 2. Resources<br />Gov’t Labor Advisors provide assistance on:<br /><ul><li>Service Contract Act (services)
  3. 3. Davis-Bacon Act (construction)
  4. 4. Walsh-Healey Public Contracts Act (manufacturing)
  5. 5. Labor organizing efforts
  6. 6. Picketing against contractors
  7. 7. Continue to work while negotiating
  8. 8. Contractor labor strikes
  9. 9. When all work stops</li></li></ul><li>3<br />Resources (cont’d)<br /><ul><li>AF Labor Advisor Public Website</li></ul>http://ww3.safaq.hq.af.mil/contracting/<br />
  10. 10. The Service Contract Act, as Amended, of 1965 (FAR 52.222-41)(cont’d)<br /><ul><li> FAR 52.222-41(c) Compensation. </li></ul>(2)(i) If a wage determination is attached to this contract, the Contractor shall classify any class of service employee which is not listed therein and which is to be employed under the contract (i.e., the work to be performed is not performed by any classification listed in the wage determination) so as to provide a reasonable relationship (i.e., appropriate level of skill comparison) between such unlisted classifications and the classifications listed in the wage determination. Such conformed class of employees shall be paid the monetary wages and furnished the fringe benefits as are determined pursuant to the procedures in this paragraph (c).<br /><ul><li>Referred to as a “conformance”
  11. 11. Accomplished via SF 1444
  12. 12. Requires Kr to initiate conformance of classifications and wage rates within 30 days after unlisted class of employee performs work.
  13. 13. Initiated by Kr prior to the performance of contract work by the unlisted class of employee
  14. 14. Kr submits completed SF1444 (including employee agreement/disagreement) to the CO
  15. 15. CO shall promptly submit SF1444 to the DoL
  16. 16. DoL reviews/responds within 30 days</li></li></ul><li>The Service Contract Act, as Amended, of 1965 (FAR 52.222-41)(cont’d)<br /><ul><li>FAR 22.1019 -- Additional Classes of Service Employees.</li></ul>(a) If the contracting officer is aware that contract performance involves classes of service employees not included in the wage determination, the contracting officer shall require the contractor to classify the unlisted classes so as to provide a reasonable relationship (i.e., appropriate level of skill comparison) between the unlisted classifications and the classifications listed in the determination (see paragraph (c) of the clause at 52.222-41, Service Contract Act of 1965).<br />Did you know??<br />Recommend addressing conformance responsibility in post-award meeting<br />
  17. 17. X<br />97 CONS/LGCA456 Main StreetAltus AFB, OK 73521<br />Anytown Services Company<br />20 Oct 2008<br />3 Sep 2008<br />FA1234-08-C-1234<br />1 Oct 2008<br />N/A<br />N/A<br />If conformance is<br />being done at option, this box needs to be completed<br />Complete if compliance is for the Subcontractor’s employee(s)<br />Provide a complete description of the project; can take from the title of the contract and introductory paragraph of the Performance Work Statement/Statement of Work<br />Altus Air Force Base, Altus, Jackson County, Oklahoma<br />
  18. 18. OK 05-2525, Rev. 9<br />07/22/2009<br /> Lead Environmental Technician <br />The Environmental Technician II conducts tests and field investigations to obtain data for use by environmental, engineering and scientific personnel in determining sources and methods of controlling pollutants in air, water, and soil, utilizing knowledge of agriculture, chemistry, meteorology, and engineering principles and applied technologies. <br />This worker serves as lead on site technician and oversees work of other technicians. Will conducts chemical and physical laboratory and field tests according to prescribed standards to determine characteristics or composition of solid, liquid, or gaseous materials and substances, using pH meter, chemicals, autoclaves, centrifuge spectrophotometer, microscope, analytical instrumentation and chemical laboratory equipment. <br />$21.15<br />$3.35<br />Must be completed, if applicable<br />Must be completed<br />Employee’s Job Title<br />Must be signed by the EMPLOYEE or union rep, if applicable<br />Must be marked by the EMPLOYEE<br />
  19. 19. If the conformance is for more than one employee, Kr may duplicate block 16 onto a separate sheet of paper and include all affected employees and ENSURE that each employee signs block 16 and indicates whether they AGREE or DISAGREE<br />Please see attached<br />Attached block 16 signatures<br />Jane Doe, Jane Doe [signature] Environmental Tech II _x_ AGREE __ DISAGREE <br />John Smith, John Smith [signature] Environmental Tech II _x_ AGREE __ DISAGREE <br />Jim Q. Public, Jim Q. Public [signature] Environmental Tech II _x_ AGREE __ DISAGREE <br />
  20. 20. X<br />CO completes and forwards to the Department of Labor<br />Mail or fax to the Department of Labor so that it is entered into their register, tracked and completed<br />DoL fax for SCA SF 1444s: 202-693-1425<br />
  21. 21. The Service Contract Act, as Amended, of 1965 (FAR 52.222-41)(cont’d)<br />
  22. 22. The Service Contract Act, as Amended, of 1965 (FAR 52.222-41)(cont’d)<br /><ul><li>What happens once the SF1444 is returned by the DoL?
  23. 23. FAR 52.222-41(c)(2)(iii) </li></ul>The final determination of the conformance action by the Wage and Hour Division shall be transmitted to theContracting Officer who shall promptly notify the Contractor of the action taken. <br />Each affected employee shall be furnished by the Contractor with a written copy of such determination or it shall be posted as a part of the wage determination.<br />CO Responsibility:<br />“… shall promptly notify the Contractor of the action taken.”<br />Kr Responsibility:<br />“Each affected employee shall be furnished by the Contractor with a written copy of such determination or it shall be posted as a part of the wage determination.”<br />
  24. 24. The Service Contract Act, as Amended, of 1965 (FAR 52.222-41)(cont’d)<br /><ul><li> How is a conformed classification adjusted for price increases in the outyears?</li></ul>FAR 52.222-41(c)(2)(iv)(B)<br />In the case of a contract modification, an exercise of an option, or extension of an existing contract, or in any other case where a Contractor succeeds a contract under which the classification in question was previously conformed pursuant to paragraph (c) of this clause, a new conformed wage rate and fringe benefits may be assigned to the conformed classification by indexing (i.e., adjusting) the previous conformed rate and fringe benefits by an amount equal to the average (mean) percentage increase (or decrease, where appropriate) between the wages and fringe benefits specified for all classifications to be used on the contract which are listed in the current wage determination, and those specified for the corresponding classifications in the previously applicable wage determination. <br />Index/adjust the previous conformed rate and fringe benefits by an amount equal to the average (mean) percentage increase between the wages and fringe benefits specified for all classifications to be used on the contract which are listed in the current wage determination<br />
  25. 25. The Service Contract Act, as Amended, of 1965 (FAR 52.222-41)(cont’d)<br /><ul><li>As an example, if the Contractor conformed its WD to include an Env Tech II classification (via the SF1444), indexing would be as follows:</li></ul>*The Env Tech I category increased 3%, 3.5% and 3.7% for the remaining three years on the contract so the CO indexed the Env Tech II at the same rate increase for each corresponding year; include indexing documentation and rationale in the contract file<br />Citation: FAR 22.1019, Additional Classes of Service Employees<br />
  26. 26. Overtime Pay<br />14<br />
  27. 27. 15<br />Overtime Pay<br />Due to covered, non-exempt employees<br />Calculated at time and one-half the employee’s regular rate of pay<br />Required for each hour worked in a workweek in excess of the maximum allowable in the given type of employment (usually 40 hours per workweek)<br />Workweeks may not be averaged<br />
  28. 28. 16<br />Overtime Pay<br />Regular Rate (RR)<br />It is a rate per hour <br />Is determined by dividing total earnings for all hours worked in any work week by the total number of hours worked in the week<br />It may not be less than the applicable MW<br />If RR is higher than the MW, OT must be computed at the higher rate<br />
  29. 29. 17<br />Overtime Pay<br />Regular Rate (continued)<br />Includes all remuneration for employment except:<br />Gifts, such as Christmas or Birthday money<br />Payments for time not worked, such as holiday or vacation pay<br />Discretionary bonuses <br />Profit sharing plans<br />Talent fees<br />Premium payments<br />Stock options<br />
  30. 30. 18<br />Compensatory Time Off Instead of Overtime Pay (“Comp Time”)<br />Private employers may not use comp time to meet FLSA OT requirements<br />Public Agencies may offer comp time if:<br />Provided at one and one half hours off with pay for each hour of overtime worked<br />Done pursuant to a CBA or prior agreement<br />Accrued time does not exceed maximums <br />
  31. 31. Questions<br />

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