[Code of Federal Regulations]
[Title 29, Volume 1]
[Revised as of July 1, 2005]
From the U.S. Government Printing Office via GPO Access
[CITE: 29CFR4.134]

[Page 73-74]
 
                             TITLE 29--LABOR
 
PART 4_LABOR STANDARDS FOR FEDERAL SERVICE CONTRACTS--Table of Contents
 
    Subpart C_Application of the McNamara-O'Hara Service Contract Act
 
Sec. 4.134  Contracts outside the Act's coverage.

    (a) Contracts entered into by agencies other than those of the 
Federal Government or the District of Columbia as described in 
Sec. Sec. 4.107-4.108 are not within the purview of the Act. Thus, the 
Act does not cover service contracts entered into with any agencies of 
Puerto Rico, the Virgin Islands, American Samoa, or Guam acting in 
behalf of their respective local governments. Similarly, it does not 
cover service contracts entered into by agencies of States or local 
public bodies, not acting as agents for or on behalf of the United 
States or the District of Columbia, even though Federal financial 
assistance may be provided for such contracts under Federal law or the 
terms and conditions specified in Federal law may govern the award and 
operation of the contract.
    (b) Further, as already noted in Sec. Sec. 4.111 through 4.113, the 
Act does not apply to Government contracts which do not have as their 
principal purpose the furnishing of services, or which call for no 
services to be furnished within the United States or through the use of 
service employees as those terms are defined in the Act. Clearly outside 
the Act's coverage for these reasons are such contracts as those for the 
purchase of tangible products which the Government needs (e.g. vehicles, 
office equipment, and supplies), for the logistic support of an air base 
in a foreigncountry, or for the services of a lawyer to examine the 
title to land. Similarly, where the Government contracts for a lease of 
building space for Government occupancy and the building owner furnishes 
general janitorial and other building services on an incidental basis 
through the use of service employees, the leasing of the space rather 
than the furnishing of the building services is the principal purpose of 
the contract, and the Act does not apply. Another type of contract which 
is outside the coverage of the Act because it is not for the principal 
purpose of furnishing services may be illustrated by a contract for the 
rental of parking space under which the Government agency is simply 
given a lease or license to use the contractor's real property. Such a 
contract is to be distinguished from contracts for the storage of 
vehicles which are delivered into the possession or custody of the 
contractor, who will provide the required services including the parking 
or retrieval of the vehicles.
    (c) There are a number of types of contracts which, while outside 
the Act's coverage in the usual case, may be subject to its provisions 
under the conditions and circumstances of a particular procurement, 
because these may be such as to require a different view of the 
principal purpose of the contract. Thus, the ordinary contract for the 
recapping of tires would have as its principal purpose the manufacture 
and furnishing of rebuilt tires for the Government rather than the 
furnishing

[[Page 74]]

of services through the use of service employees, and thus would be 
outside the Act's coverage. Similarly, contracts calling for printing, 
reproduction, and duplicating ordinarily would appear to have as their 
principal purpose the furnishing in quantity of printed, reproduced or 
duplicated written materials rather than the furnishing of reproduction 
services through the use of service employees. However, in aparticular 
case, the terms, conditions, and circumstances of the procurement may be 
such that the facts would show its purpose to be chiefly the furnishing 
of services (e.g. repair services, typesetting, photocopying, editing, 
etc.), and where such services require the use of service employees the 
contract would be subject to the Act unless excluded therefrom for some 
other reason.