[Code of Federal Regulations]
[Title 29, Volume 1]
[Revised as of July 1, 2004]
From the U.S. Government Printing Office via GPO Access
[CITE: 29CFR4.1]

[Page 27-29]
 
                             TITLE 29--LABOR
 
PART 4_LABOR STANDARDS FOR FEDERAL SERVICE CONTRACTS--Table of Contents
 
  Subpart A_Service Contract Labor Standards Provisions and Procedures
 
Sec. 4.1  Purpose and scope.




  Subpart A_Service Contract Labor Standards Provisions and Procedures

Sec.
4.1 Purpose and scope.
4.1a Definitions and use of terms.
4.1b Payment of minimum compensation based on collectively bargained 
          wage rates and fringe benefits applicable to employment under 
          predecessor contract.
4.2 Payment of minimum wage specified in section 6(a)(1) of the Fair 
          Labor Standards Act of 1938 under all service contracts.
4.3 Wage determinations.
4.4 Notice of intention to make a service contract.
4.5 Contract specification of determined minimum wages and fringe 
          benefits.

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4.6 Labor standards clauses for Federal service contracts exceeding 
          $2,500.
4.7 [Reserved]
4.8 Notice of awards.
4.9 [Reserved]
4.10 Substantial variance proceedings under section 4(c) of the Act.
4.11 Arm's-length proceedings.
4.12 Substantial interest proceedings.

                 Subpart B_Wage Determination Procedures

4.50 Types of wage and fringe benefit determinations.
4.51 Prevailing in the locality determinations.
4.52 Fringe benefit determinations.
4.53 Collective bargaining agreement (successorship) determinations.
4.54 Locality basis of wage and fringe benefit determinations.
4.55 Issuance and revision of wage determinations.
4.56 Review and reconsideration of wage determinations.

    Subpart C_Application of the McNamara-O'Hara Service Contract Act

                              Introductory

4.101 Official rulings and interpretations in this subpart.
4.102 Administration of the Act.
4.103 The Act.
4.104 What the Act provides, generally.
4.105 The Act as amended.
4.106 [Reserved]

                 Agencies Whose Contracts May Be Covered

4.107 Federal contracts.
4.108 District of Columbia contracts.
4.109 [Reserved]

                       Covered Contracts Generally

4.110 What contracts are covered.
4.111 Contracts ``to furnish services.''
4.112 Contracts to furnish services ``in the United States.''
4.113 Contracts to furnish services ``through the use of service 
          employees.''
4.114 Subcontracts.

                           Specific Exclusions

4.115 Exemptions and exceptions, generally.
4.116 Contracts for construction activity.
4.117 Work subject to requirements of Walsh-Healey Act.
4.118 Contracts for carriage subject to published tariff rates.
4.119 Contracts for services of communications companies.
4.120 Contracts for public utility services.
4.121 Contracts for individual services.
4.122 Contracts for operation of postal contract stations.
4.123 Administrative limitations, variations, tolerances, and 
          exemptions.
4.124-4.129 [Reserved]

         Particular Application of Contract Coverage Principles

4.130 Types of covered service contracts illustrated.
4.131 Furnishing services involving more than use of labor.
4.132 Services and other items to be furnished under a single contract.
4.133 Beneficiary of contract services.
4.134 Contracts outside the Act's coverage.
4.135-4.139 [Reserved]

                     Determining Amount of Contract

4.140 Significance of contract amount.
4.141 General criteria for measuring amount.
4.142 Contracts in an indefinite amount.

                      Changes in Contract Coverage

4.143 Effects of changes or extensions of contracts, generally.
4.144 Contract modifications affecting amount.
4.145 Extended term contracts.

                           Period of Coverage

4.146 Contract obligations after award, generally.
4.147-4.149 [Reserved]

                      Employees Covered by the Act

4.150 Employee coverage, generally.
4.151 Employees covered by provisions of section 2(a).
4.152 Employees subject to prevailing compensation provisions of 
          sections 2(a) (1) and (2) and 4(c).
4.153 Inapplicability of prevailing compensation provisions to some 
          employees.
4.154 Employees covered by sections 2(a) (3) and (4).
4.155 Employee coverage does not depend on form of employment contract.
4.156 Employees in bona fide executive, administrative, or professional 
          capacity.
4.157-4.158 [Reserved]

                    Subpart D_Compensation Standards

4.159 General minimum wage.
4.160 Effect of section 6(e) of the Fair Labor Standards Act.
4.161 Minimum monetary wages under contracts exceeding $2,500.
4.162 Fringe benefits under contracts exceeding $2,500.
4.163 Section 4(c) of the Act.
4.164 [Reserved]

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                 Compliance With Compensation Standards

4.165 Wage payments and fringe benefits--in general.
4.166 Wage payments--unit of payment.
4.167 Wage payments--medium of payment.
4.168 Wage payments--deductions from wages paid.
4.169 Wage payments--work subject to different rates.
4.170 Furnishing fringe benefits or equivalents.
4.171 ``Bona fide'' fringe benefits.
4.172 Meeting requirements for particular fringe benefits--in general.
4.173 Meeting requirements for vacation fringe benefits.
4.174 Meeting requirements for holiday fringe benefits.
4.175 Meeting requirements for health, welfare, and/or pension benefits.
4.176 Payment of fringe benefits to temporary and part-time employees.
4.177 Discharging fringe benefit obligations by equivalent means.
4.178 Computation of hours worked.
4.179 Identification of contract work.

                    Overtime Pay of Covered Employees

4.180 Overtime pay--in general.
4.181 Overtime pay provisions of other Acts.
4.182 Overtime pay of service employees entitled to fringe benefits.

                           Notice to Employees

4.183 Employees must be notified of compensation required.
4.184 Posting of notice.

                                 Records

4.185 Recordkeeping requirements.
4.186 [Reserved]

                          Subpart E_Enforcement

4.187 Recovery of underpayments.
4.188 Ineligibility for further contracts when violations occur.
4.189 Administrative proceedings relating to enforcement of labor 
          standards.
4.190 Contract cancellation.
4.191 Complaints and compliance assistance.

    Authority: 41 U.S.C. 351 et seq.; 41 U.S.C. 38 and 39; 5 U.S.C. 301.

    Source: 48 FR 49762, Oct. 27, 1983, unless otherwise noted.

    Editorial Note: Nomenclature changes to part 4 appear at 61 FR 
19984, May 3, 1996.



    This part contains the Department of Labor's rules relating to the 
administration of the McNamara-O'Hara Service Contract Act of 1965, as 
amended, referred to hereinafter as the Act. Rules of practice for 
administrative proceedings under the Act and for the review of wage 
determinations are contained in parts 6 and 8 of this chapter. See part 
1925 of this title for the safety and health standards applicable under 
the Service Contract Act.