What 41 USC § 6707 - Service Contract Act Wage Determinations and Successor Contract Provisions requires
41 USC § 6707 (part of the Service Contract Act of 1965 as recodified by Pub. L. 111-350) sets out the wage determination and successor contract protection framework for federal service contracts exceeding $2,500: subsection (a) gives the Secretary of Labor enforcement authority including regulations, orders, hearings, decisions, and other actions to enforce the Service Contract Act; subsection (b) authorizes the Secretary to provide reasonable limitations, variations, tolerances, and exemptions but only where necessary and proper in the public interest or to prevent serious impairment of Federal Government business while protecting prevailing labor standards; subsection (c) - the successor contract provision - requires successor contractors providing substantially identical services to compensate service employees at no less than the wages and fringe benefits (including accrued and prospective increases) earned under the predecessor contract pursuant to collective bargaining agreement, unless the Secretary determines after hearing that the predecessor wages are substantially at variance with prevailing wages for similar services in the same locality; the SCA is enforced by the Department of Labor Wage and Hour Division; Standard Form SF-98 wage determinations are incorporated into solicitations and contracts; successor contract violations expose contractors to debarment under 41 USC § 6706.
Pillar: Public Sector & Government Procurement · Authority: United States Congress (Service Contract Act of 1965, Pub. L. 89-286, 79 Stat. 1034; recodified into 41 USC Subtitle II Chapter 67 by Pub. L. 111-350, 4 January 2011) · Version: 1.0.0 · Last updated:
Primary source: https://www.govinfo.gov/link/uscode/41/6707
SHA-256 integrity: 8118169fe8d24e085b638864ab5a65e611a822d9af7d36ea79c91fe1827801ac
Primary Citations — 5 traced to source
- 41 USC § 6707(a) ENFORCEMENT AUTHORITY: 'Sections 6506 and 6507 of this title govern the Secretary's authority to enforce this chapter, including the Secretary's authority to prescribe regulations, issue orders, hold hearings, make decisions based upon findings of fact, and take other appropriate action under this chapter.'
- 41 USC § 6707(b) REGULATIONS, LIMITATIONS, EXEMPTIONS: 'The Secretary may provide reasonable limitations and may make rules and regulations allowing reasonable variations, tolerances, and exemptions to and from any or all provisions of this chapter, but only in special circumstances where it is determined that the limitation, variation, tolerance, or exemption is necessary and proper in the public interest or to avoid the serious impairment of the conduct of Federal Government business and is in accord with the remedial purpose of this chapter to protect prevailing labor standards.'
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