SCA Covered Contracts & “Service Employees”
SCA covered contracts & “service employees”
- E.O. 13495 defines "service contract" or "contract" to mean "any contract or subcontract for services entered into by the Federal Government or its contractors" covered by the SCA. E.O. § 2(b).
- Each federal agency solicitation and each resulting contract that succeeds such a contract or subcontract for the same or similar services at the same location must include the "Nondisplacement of Qualified Workers" contract clause (FAR 48 C.F.R. § 52.222-17), unless a specific exception applies.
- Same or similar service means a service that is either identical to or has one or more characteristics that are alike in substance to a service performed at the same location on a contract that is being replaced by the Federal Government or a contractor on a Federal service contract. 29 C.F.R. § 9.2.
- The E.O.'s nondisplacement requirements apply to "service employees" as defined by the SCA. E.O. § 2(b).
- Under the SCA, all employees performing work on the contract are considered service employees unless they are defined as executive, administrative, or professional employees exempt under the FLSA and its regulations at 29 C.F.R. Part 541.
Consulting Services We Provide
- Review public works preconstruction contracts
- Monitor DIR contractor/subcontractor certified payrolls
- Audit labor classification for each worker employed
- Review DIR pre-DAS 140/142 submissions
- Review CAC training fund contributions form CAC-2
- Review DIR Fringe Benefits Statement PW-26
- Monitor DIR wage determinations
- Audit fringe benefits allowances
- Review DIR holiday payment requirements
- Audit DIR travel & subsistence requirements
- Caltrans Labor Compliance
- County of Sacramento Labor Compliance
- City of Los Angeles Labor Compliance
- Los Angeles Unified School District Labor Compliance
- Federal Davis-Bacon Project Monitoring
- Federal DBE Implementation & Review
- Federal FAA AIP Goal Setting
- DIR & Davis-Bacon Training
- DIR Civil Wage Penalty Review
- Local-Hire Review (e.g., San Francisco)
- Skilled and Trained Workforce
Give us a call to discuss your labor compliance requirements.
This email is intended for general information purposes only and should not be construed as legal advice
or legal opinions on any specific facts or circumstances.