FAR Part 22 Deck 3 Flashcards
(51 cards)
What can the Wage and Hour Administrator issue regarding prevailing wage determinations?
Revisions to prevailing wage determinations periodically
The need for inclusion of a revised prevailing wage determination in a solicitation is determined by the date of receipt by the contracting agency.
When is the time of receipt by the contracting agency for Wage Determinations at SAM.gov?
The first day of publication of the revised prevailing wage determination on the website
This applies for using Wage Determinations at SAM.gov.
What should contracting officers do when selecting a prevailing wage determination from SAM.gov?
Monitor the Wage Determinations at SAM.gov website for revisions
Revisions must be included in the resulting contract.
When is a revised prevailing wage determination not effective in sealed bidding?
If received by the contracting agency less than 10 days before bid opening and there is not reasonable time to incorporate the revision
This is specified under 22.1012-1(b).
For contractual actions other than sealed bidding, when does a revised prevailing wage determination become effective?
If received not less than 10 days before commencement of work
This applies if contract performance does not commence within 30 days of the award.
What action must a contracting officer take if they do not receive a response to an e98 request within 10 days?
Contact the Wage and Hour Division by telephone to determine when the wage determination can be expected
The telephone number is provided on the e98 website.
In sealed bidding, when does a new or changed collective bargaining agreement become ineffective?
If notice is received less than 10 days before bid opening and there is not reasonable time to incorporate the terms
This is specified under 41 U.S.C. 6707(c).
What must a contracting officer do upon receiving a wage determination not based on a collective bargaining agreement?
Ascertain if the wage determination conforms with prevailing wages and benefits or contains significant errors or omissions
This is outlined in 22.1013(b).
If a wage determination was obtained through the e98 process, what must a contracting officer do if bid opening is delayed over 60 days?
Submit a new e98
Any revision received will supersede the earlier response.
What must the contracting officer do within 30 days of notification by the Department of Labor about erroneous determinations?
Include in the contract the clause at 52.222-41 and any applicable wage determination issued by the Administrator
The contracting officer must adjust the contract price accordingly.
What is included in the statement required under clause 52.222-42?
Wage rates and fringe benefits for service employees expected to be utilized under the contract
This includes rates applicable under the General Schedule and Wage Board.
What must a contracting officer do to notify service employees of minimum wages and fringe benefits?
Inform the contractor of labor standards requirements and furnish the contractor with Department of Labor Publication WH-1313
This publication advises employees of compensation required under the Service Contract Labor Standards statute.
What must a contractor do if there are unlisted classes of service employees involved in contract performance?
Classify the unlisted classes to provide a reasonable relationship to listed classifications
The contractor must submit Standard Form (SF) 1444 for this classification.
What is required from the incumbent prime contractor if employees may be retained by a succeeding contractor?
Furnish a certified list of all service employees to the contracting officer 10 days before contract completion
This list is for determining eligibility for benefits based on length of service.
What information must be included in a request for a substantial variance hearing?
Number of the wage determinations, name of the contracting agency, brief description of services, status of procurement, statement of the applicant’s case, names and addresses of interested parties
This is specified in 22.1021(b).
What happens if there are violations of the clause at 52.222-41?
The responsible contractor is liable for deductions, rebates, refunds, or underpayments of compensation due employees
The contracting officer may withhold contract payments in such cases.
What does the clause at 52.222-41, Service Contract Labor Standards address?
It addresses violations that render the responsible contractor liable for deductions, rebates, refunds, or underpayments of compensation due employees.
What action can a contracting officer take if there are violations of the Service Contract Labor Standards?
The contracting officer may withhold the amount needed to pay underpaid employees from accrued payments due the contractor.
What happens to withheld funds due to violations of the Service Contract Labor Standards?
Withheld funds are placed in a deposit fund and transferred to the Department of Labor for disbursement to underpaid employees.
True or False: A contractor’s failure to comply with the Service Contract Labor Standards may lead to termination for default.
True
What is the responsibility of the contracting officer concerning the Department of Labor?
The contracting officer shall cooperate with Department of Labor representatives in investigations and examinations.
What happens to firms found in violation of the Service Contract Labor Standards?
They will have an active exclusion record in the System for Award Management and cannot be awarded contracts without Secretary of Labor approval.
How are disputes concerning labor standards requirements handled?
They are handled under the clause at 52.222-41 and not under the clause at 52.233-1.
What is the primary purpose of the Service Contract Act of 1965?
To ensure that Government contractors compensate their blue-collar and some white-collar service workers fairly.
