sca wage determination marylandsca wage determination maryland

This "union dominance" rate would be used as the prevailing rate for all workers in that locality. : 2017-0196 . Register, and does not replace the official print version or the official The final rule does not adopt the CSA recommendation to replace Government with Department of Labor, because the DOL does not host the WDOL Web site. PDF SCA Wage Determinations 2023 States/Territories C-D - GSA If approved, the wage and fringe benefits must be paid to all employees performing in the classification from the first day the contract work is performed. 15. The applicable Executive Order minimum wage rate will be adjusted annually. The final rule does not include the additional statement. Wage determinations are developed based on available data showing the rates that are prevailing in a specific locality. PDF SCA Wage Determinations 2023 States/Territories G-H - GSA Procedure for requesting wage determinations. The final rule retains the references. The CSA urges that 4.5(a)(3) highlight that a contracting agency has received an initial or a revised wage determination on the date the DOL (1) posts the determination to the WDOL Web site or (2) sends the determination through the e98 response process. The DOD and Navy recommend replacing the phrase geographic area in 4.4(b)(5) and (c)(4) with locality, to make the wording consistent with 4.163(i). Does the SCA apply to all government contract work? .manual-search ul.usa-list li {max-width:100%;} Records are kept separately showing the amounts to be paid for fringe benefits. 3148; and the laws listed in appendix A of this part. The documents posted on this site are XML renditions of published Federal If the place of contract performance is unknown, the contracting agency will prepare a wage determination on WDOL and attach the collective bargaining agreement of the incumbent contractor and make both the wage determination and collective bargaining agreement applicable to a potential bidder located in the same locality as the predecessor contractor. The fringe benefit amount is listed in the wage determination. In such instances, wage determinations will generally be issued for the various localities identified by the agency as set forth in 4.4(a)(3)(i). It's important to know that how you calculate H&W depends on the wage determination. No, the SCA does not apply to: 1) contracts for construction, alteration and/or repair, including painting and decorating of public buildings or public works; 2) work covered by the Walsh-Healey Public Contracts Act; 3) contracts for the carriage of freight or personnel by vessel, airplane, bus, truck, express, railway line, or oil or gas pipeline where published tariff rates are in effect; 4) contracts for the furnishing of services by radio, telephone, telegraph, or cable companies, subject to the Communications Act of 1934; 5) contracts for public utility services, including electric light and power, water, steam, and gas; 6) contracts for direct services to a Federal agency by an individual or individuals; 7) contracts for the operation of postal contract stations; and 8) services performed outside of the geographical scope. In addition, WDOL provides compliance assistance information. This rule has no environmental health risk or safety risk that may disproportionately affect children. If an employee was employed by the predecessor contractor and hired by the successor, does the vacation time earned with the predecessor contractor continue, stop, or does the employee start accruing new vacation time with the new contractor? An employee engaged in an occupation in which he or she regularly receives more than $30 a month in tips may have the amount of tips credited by the employer against the minimum wage required by the SCA. The DBA requires contractors or their subcontractors to pay workers employed directly upon the site of the work no less than the locally prevailing wages and fringe benefits paid on projects of a similar character as determined by the Secretary of Labor. This issue is best raised by direct communication with the contracting officer in writing. To properly oversee subcontractor compliance, a contractor must develop a plan or process to monitor its subcontractors at all levels for compliance with the SCA. A Rule by the Employment Standards Administration and the Wage and Hour Division on 08/26/2005. A wage determination based upon the collective bargaining agreement must be included in the contract until a hearing or a final ruling of the Administrator determines that the collective bargaining agreement was not reached as the result of arm's-length negotiations or was substantially at variance with locally prevailing rates. II. Use the PDF linked in the document sidebar for the official electronic format. Finally, several methodologies were developed to aid the analyst in developing rates for classes where no survey data exists. YOU MAY OBTAIN THE TRAVEL AND/OR SUBSISTENCE PROVISIONS FOR THE CURRENT DETERMINATIONS ON THE INTERNET AT HTTP://WWW.DIR.CA.GOV/OPRL/DPreWageDetermination.htm. The final rule retains the requirement. Unless otherwise advised by the Wage and Hour Division that a wage determination must be obtained on the annual anniversary date, a new wage determination shall be obtained on each biennial anniversary date of the proposed multi-year contract in the event its term is for a period in excess of two years. SCA wage determinations set forth the prevailing wages and fringe benefits that prime contractors and subcontractors must pay service employees working on covered contracts in specified geographic areas. 14701). For additional exemptions, see Title 29, Part 4 of the Code of Federal Regulations, Section 4.123(d). 38 and 39; 5 U.S.C. April 19, 2021. Determinations that set forth the wage rates and fringe benefits, including accrued and prospective increases, contained in a collective bargaining agreement applicable to the service employees who performed on a predecessor contract in the same locality. SCA Wage Determinations - Labor Compliance Monitoring Experts The OFR/GPO partnership is committed to presenting accurate and reliable Fringe benefit obligations may be discharged by paying to the employee on his regular payday, in addition to the monetary wage required, a cash amount per hour in lieu of the specified fringe benefits, provided such amount is equivalent to the cost of the fringe benefits required. (1) The e98 is an electronic application used by contracting agencies to request wage determinations directly from the Wage and Hour Division. L. 107-217. 3. What geographical areas are covered under the SCA? The wage rates and fringe benefits required are specified in the SCA wage determination included in the contract. Is the rate on the wage determination the minimum hourly rate? Appalachian Regional Development Act of 1965 (sec. The SCA applies to all work performed within the United States. To facilitate contracting officers selecting the appropriate SCA wage determination, the WDOL site leads the requester through a decision tree consisting of a series of questions. (j) The e98 means a Department of Labor approved electronic application (http://www.wdol.gov), whereby a contracting officer submits pertinent information to the Department of Labor and requests a wage determination directly from the Wage and Hour Division. 41 U.S.C. adjusting) the previously conformed rate by an amount equal to the average percentage increase or decrease between the wages specified for all classifications to be used on the contract or used in the same broad occupational category which are listed in the current wage determination, and those specified for the corresponding classifications in the previously applicable wage determination. The agencies also agreed to monitor the SCA wage determinations database and to use any subsequent revisions of the applicable wage determinations that were issued before the applicable procurement dates specified in the SCA regulations. Look in the Blue Pages under U.S. Government, Wage and Hour Division, for your local office. WHD will issue the average cost fringe benefit wage determinations only for those contracts where the formerly grandfathered high-level benefit rate applied. This rule does not have tribal implications under Executive Order 13175 and does not require a tribal summary impact statement. The DOD and Navy also recommend changing the proposed requirement in 4.4(b)(3) for a contracting agency to monitor email addresses to having contracting agencies resubmit an e98 with a new email address each time an email address changes. Step 1: Will the Resulting Contract Be Covered by the SCA? The DOL rules relating to SCA administration are contained in Regulations, 29 CFR part 4. Safety and Health provisions of the SCA are administered by the Occupational, Safety, and Health Administration (OSHA). In any event, in the interest of eliminating any unanticipated paperwork and reporting burdens imposed by 4.8, the DOL has decided to discontinue the use of Standard Form 99 and eliminate the reporting requirement entirely. However, temporary and part-time employees are only entitled to an amount of the fringe benefits specified in an applicable determination which is proportionate to the amount of time spent in covered work. #views-exposed-form-manual-cloud-search-manual-cloud-search-results .form-actions{display:block;flex:1;} #tfa-entry-form .form-actions {justify-content:flex-start;} #node-agency-pages-layout-builder-form .form-actions {display:block;} #tfa-entry-form input {height:55px;} Document page views are updated periodically throughout the day and are cumulative counts for this document. (i) However, revisions received by the Federal agency later than 10 days before the opening of bids, in the case of contracts entered into pursuant to competitive bidding procedures, shall not be effective if the Federal agency finds that there is not a reasonable time still available to notify bidders of the revision. Under the MOUs, the agencies agreed to train their personnel in the proper selection and use of SCA wage determinations. If an exemption is applicable, an otherwise SCA-covered contract may not require SCA compliance (or compliance may not be required with respect to certain employees outside the scope of SCA coverage). An official website of the United States government. IF THE PREVAILING RATE IS NOT BASED ON A COLLECTIVELY BARGAINED RATE, THE HOLIDAYS UPON WHICH THE PREVAILING RATE SHALL BE PAID SHALL BE AS PROVIDED IN SECTION 6700 OF THE GOVERNMENT CODE. (h) Wage determination includes any determination of minimum wage rates or fringe benefits made pursuant to the provisions of sections 2(a) and/or 4(c) of the Act for application to the employment in a locality of any class or classes of service employees in the performance of any contract in excess of $2,500 which is subject to the provisions of the Service Contract Act of 1965. After receipt of the collective bargaining agreement, the Wage and Hour Division will provide a further e-mail response attaching a copy of the wage determination based upon the collective bargaining agreement. Does the SCA apply to all government contract work? Any class of service employee not listed in the wage determination must be classified by the contractor to provide a reasonable relationship (i.e. The 4.4(a) introductory discussion of obtaining wage determinations applies equally to wage determinations obtained through either the e98 or WDOL processes, respectively explained in 4.4 (b) and (c). SCA wage determinations set forth the prevailing wages and fringe benefits that prime contractors and subcontractors must pay service employees working on covered contracts in specified geographic areas. The Health and Welfare Component. <<< Wage Determination No. Do not enter the CBA occupations on the SF 98-A. (3) For purposes of using WDOL databases containing prevailing wage determinations, the date of receipt by the contracting agency will be the date of publication on the WDOL Web site or on the date the agency receives actual notice of an initial or revised wage determination from the Department of Labor through the e98 process, whichever occurs first. legal research should verify their results against an official edition of Communications sent to the email address provided are deemed to be received by the contracting agency. An applicable wage determination must be obtained for each firm participating in the bidding for the location in which it would perform the contract. The wage rates and fringe benefits set forth in such wage determinations shall be determined in accordance with the provisions of sections 2(a)(1), (2), and (5), 4(c) and 4(d) of the Act from those prevailing in the locality for such employees, with due consideration of the rates that would be paid for direct Federal employment of any classes of such employees whose wages, if Federally employed, would be determined as provided in 5 U.S.C. The DOL processed fewer than 100 Forms SF-308 in FY 2004. The CSA believes the definition may cause potential confusion among contractors and contracting agencies. WHD District Offices are not staffed in a way that would allow public inspections of wage determinations in the District Offices. DOL, however, believes the more common use of documents as referring to paper and the broader use of information and data for information technology purposes make a sufficiently compelling case to adopt the suggestion. Do not enter the CBA occupations on the SF 98-A. A class of service employee not listed in the wage determination must be classified by the contractor to provide a reasonable relationship (i.e. 05-16779 Filed 8-25-05; 8:45 am]. Do employees receive fringe benefits when they are working under a wage determination? Can the contractor pay the employees their fringe benefits in cash instead of furnishing the required fringe benefits? I currently receive $2.56 per hour for health and welfare benefits. (b) Determinations issued by the Wage and Hour Division with respect to particular contracts are required to be incorporated in the invitations for bids or requests for proposals or quotations issued by the contracting agencies, and are to be incorporated in the contract specifications in accordance with 4.5 of subpart A. The term will also apply to any other Internet Web site or electronic means that the Department of Labor may approve for these purposes. All comments generally support the automated environment for obtaining wage determinations that underlies the proposed rule; however, several comments recommend minor revisions. Does the Federal agency enter the CBA occupations on the Standard Form 98-A or leave it blank since the CBA is attached? The DOL does not believe that further action on this recommendation is warranted at this time and that the suggestion would necessitate reopening the notice and comment process. This is not a toll-free number. (5) If the services to be furnished under the proposed contract will be substantially the same as services being furnished in the same locality by an incumbent contractor whose contract the proposed contract will succeed, and if such incumbent contractor is furnishing such services through the use of service employees whose wage rates and fringe benefits are the subject of one or more collective bargaining agreements, the contracting agency shall reference the union and the collective bargaining agreement on the e98. How are prevailing wage rates established? This rule has been treated as a significant rulemaking, although not economically significant or major, and has, therefore, been reviewed by OMB. The DOD and Navy also seek to revise 4.4(b)(5) and 4.5(d) to have the contracting officer follow up with the DOL, if the contracting agency has not received a response within 10 business days of the submission of the original e98 notice or within 15 business days of the submission of the collective bargaining agreement. Prevailing Wage Law | Anne Arundel County, MD The DOL believes naming GSA schedule contracts and blanket purchase agreements may cause some confusion, because no individual task or purchase order determines the amount of the contract. About the Federal Register The SCA provides authority to withhold contract funds to reimburse underpaid employees, terminate the contract, hold the contractor liable for associated costs to the government, and debar from future government contracts for a period of three years any persons or firms who have violated the SCA. 410-767-2342. No matter what steps the administration takes next, contractors should be aware that the SCA and prevailing wages (directly or indirectly) may be affected. Contracting officers should not use an archived wage determination in a contract action without prior approval of the Department of Labor. .usa-footer .grid-container {padding-left: 30px!important;} Adoption of the recommendation would impose a regulatory requirement to make staff available and print copies of all wage determinations in each District Office and could impose a new demand for resources not presently available. The response will assign a unique serial number to the e98 and the response will provide a link to an electronic copy of the applicable wage determination(s). How is the health and welfare rate derived? Service Contract Act Wage Determination OnLine Request Process If such services are being furnished at more than one locality and the collectively bargained wage rates and fringe benefits are different at different localities or do not apply to one or more localities, the agency shall identify the localities to which such agreements have application. Often, wage surveys result in insufficient data for job classifications. Service Contract Act (SCA) Wage Classifications for ORR Providers For all requests, the e98 system is designed to track individual requests by the procurement dates listed on the request, and when a wage determination that would affect a particular procurement is revised, an amended email response is sent to the contracting agency. Where applicable, the SCA wage and fringe benefit requirements can materially affect how contractors (and subcontractors) compensate certain service employees, and strict compliance with the SCA is mandatory. Gen. 412, (1973); Curtiss-Wright Corp. v. McLucas, 381 F. Supp. Any employer, employee, labor or trade organization, contracting agency, or other interested person or organization may report an apparent violation to any office of the Wage and Hour Division. The proposal drew upon technological advances of recent years and the wide use of electronic communication and information sharing. (2) When completing an e98, it is important that all information requested be completed accurately and fully. The CSA urges the DOL to divide 4.5(a)(2) into a general introductory statement and two subsections pertaining to special circumstances.