Tanna Smock
CON 280
McNamara-O’Hara Service Contract Act The McNamara-O’Hara Service Contract Act (SCA) was enacted in 1965 by the U.S Department of Labor to help protect service employee rights on prime Federal contracts that exceed $2,500. The SCA is cited as the “Service Contract Act of 1965”. The SCA provides the basis for certain provisions to be included in a service contract. These provisions provide the terms and conditions pertaining to minimum wages, fringe benefits, safe and sanitary working conditions, and the withholding of payments. A wage determination for the local area will be attached to the contract allowing the contractor to follow the minimum wages listed. The most recent wage determination for each county can be
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The FAR also lists some examples of contracts that are covered by the SCA. A few examples listed at FAR 22.1003-5 are data collection, processing, and analysis services; snow, trash, and garbage removal; and some support services at installations including grounds maintenance and landscaping. FAR 22.1003-3 and the SCA list out the seven instances for when the Service Contract Act does not apply. The seven instances are as follows:
• Any contract for construction, alteration, or repair of public buildings or public works, including painting and decorating;
• Any work required to be done in accordance with the provisions of 41 U.S.C. chapter 65, Contracts for Materials, Supplies, Articles and Equipment Exceeding $15,000;
• Any contract for transporting freight or personnel by vessel, aircraft, bus, truck, express, railroad, or oil or gas pipeline where published tariff rates are in effect;
• Any contract for furnishing services by radio, telephone, or cable companies subject to the Communications Act of 1934;
• Any contract for public utility services;
• Any employment contract providing for direct services to a Federal agency by an individual or individuals; or
• Any contract for operating postal contract stations for the U.S. Postal Service.
The Service Contract Act also states the consequences that occur if you do not follow the provisions pertaining to the act. If a contractor violates the act, they will be liable for the amount of any underpayments to the employees
Additionally, it is clarified that contracts falling within the scope of the Act shall contain certain provisions allowing the contracting officer to terminate, by written notice, the contractor’s right to proceed with the work should it be found that the wages being paid by the contractor are less than the prevailing wage. Should termination be necessary, the contractor can be held liable for any excess costs incurred by the Government to gain a new contract or otherwise have the work
To perform work defined in the contract between a covered entity and its business associate.
For a contract to be covered by this order it must have the categories above and the wages of employees must be governed by few of these acts such as the Service Contract Act, Fair Labor Standards Act, and Davis-Bacon Act. Then there are those who are subcontractors that are consider covered contract are require to provide paid sick leave to those employees that are working and on the contract.
CONTRACTOR shall make any and all payroll deductions and withholdings required by Applicable Law. CONTRACTOR further agrees that it shall indemnify and holds harmless CMA Group from any liability on account of any and all such unpaid Taxes, levies, duties, assessments and
Contract.(n.d.).Legal Information Institue. In Cornell University Law Schoo.l Retrieved on November 10, 2013 from http://www.law.corne
Municipal Contracts are a beneficial way to permit the city to obtain qualified individuals on a temporary basis, without incurring the costs and obligations of a permanent position (M.L, Pg. 8). In order to be effective, proper research, contract development, staff education and contract management must be done prior to entering
Time-and-Material Category: in such contracts, the parties negotiate hourly rates for a defined type of labor and would agree on the seller gets reimbursed for parts and materials at cost. These types of contracts resemble cost-reimbursable contracts in that they can be left open ended and may be subject to a cost increase for the buyer. The full value of the agreement and the exact quantity of items to be delivered may not be defined by the buyer at the time of the contract award.TIME AND MATERIAL CONTRACTS (T&M) It is often used to obtain a wide verity of professional services, such as information technology services, acquisition support services, equipment repair services, and etc.example: Business consultant to an hourly rate of $150.
Duties included the administration of basic contracts and delivery/task orders against Basic Ordering Agreements and Indefinite Quantity contracts which encompass the spectrum of contract types from firm fixed price, cost types and special provisions. Reviewed contracts to determine required administrative functions to include coordination with the PCO, Contracting Officers Representative, contractor and DFAS. Monitored contractor performance for compliance with applicable laws, delivery schedules, payment provisions, contract data reporting requirements, and other contractual requirements. Analyzed contract funds status reports including the review and resolution of excess funds, request and review audits, monitor electronic payment functions, and resolve conflicting expenditures. Issued contract modifications and performed final closeout of assigned contracts to include reconciliation of funds and accounting for Government-Furnished property. Reviewed different types of audit reports to included systems, incurred costs and CAS issues and resolved penalty and other DCAA findings. Thoroughly researched inspection and acceptance problem tracked to a delegation issue, resolution enabling contract closeout. Provided Contract Audit Follow-up support to Administrative Contracting Officer on estimating
(2) to include the iron, steel or manufactured goods produced in the U.S. will result in an increase in the contract by 25 percent; or
For the last 13 years, I have enjoyed working in a wide range of commercial and construction related litigation. I have represented Bridgestone Americas, Inc., which includes Firestone Building Products, Potash Corporation of Saskatchewan Inc., and manufacturers of various products used in construction. Including, the manufacturer and distributor of wall covering in hotel mold litigation involving buildings in the New Orleans area. These cases involved issues with bid and retainage bond rights, performance, payment, liability, responsibility, and interpreting contracts, drawings, specifications, change orders and back charges, lien rights and remedies for commercial office buildings, hotels and the New Orleans Superdome. Parties involved in these cases typically included, owners, general contractors, subcontractors, architects, laborers, material men, bond companies, suppliers, architects, bankruptcy trustees, bankers, and public officials. This work required in depth understanding of building envelopes and construction practices.
This contract shall be governed by the laws of the County of United States of America in the State of California and any applicable Federal
In terms of business, contracts are really important, they are an agreement between two or more parties to provide a product, perform a service, or commit an act. There are many different types of contract which have different terms and conditions. These terms and conditions are always enforced by law and breaking them can result in actions such as financial penalties. Some examples of different business contracts are; partnership agreement, bill of sale, independent contractor agreement, and property and equipment lease. In this short essay, we will take a look at an article addressing a type of contract, then give a quick summary of the article, and finally offer up recommendations relevant to the article.
How does this contract affect labor, safety and wages? (e.g. McNamara-O;Hara Service Contract Act, Davis-Bacon Act, or Public Service Contract
By advantage of this clause, the Government is permitted unilaterally to alter the contract and hold the contractor to perform under the unilaterally changed contract. It is this important departure from the old concept of mutuality, with its pointed inferences on the non-governmental party, that sets the Government contract different from the standard commercial contract. Incidentally, this rare arrangement is altogether to the disadvantage of the contractor. The Changes clause affords for an equitable compensation, if it is fitting.
Contracting officers may bind the Government only to the extent of the authority delegated to them. Contracting officers shall receive from the appointing authority clear instructions in writing regarding the limits of their authority. Information on the limits of the contracting officers’ authority shall be readily available to the public and agency personnel.” It even further explains that there is no contract shall be entered into unless the contracting officer ensures that all requirements of law, executive orders, regulations, and all other applicable procedures, including clearances and approvals, have been met. In selecting a contracting officer, the appointing official considers the dollar value of the acquisition, the complexity and the potential contracting officer’s experience, education, business acumen, character and reputation. A contracting officer is appointed in writing and states any limitations on the scope of the authority that is to be given to them. The FAR specifies that a contracting officer’s responsibility to ensure that no contract is entered into unless it meets all requirements of law, regulations and other procedures, that sufficient funds are available and that contractors receive impartial, fair and equitable treatment. Unlike the commercial sector, the FAR mandates that certain requirements be met prior to being appointed to a contracting officer. It requires that the candidate complete all mandatory contracting courses required for