Collaboration of Work Measures Statutes on Government Contracts.

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SCA or DBA ? General Principles. . Contracts Requiring SCA or DBA . SCA does not have any significant bearing to any agreement mainly for development subject to the DBA
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Association of Labor Standards Statutes on Federal Government Contracts SCA communication with DBA & PCA

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SCA or DBA ? General Principles

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Contracts Requiring SCA or DBA SCA does not have any significant bearing to any agreement primarily for development subject to the DBA "Development" under the DBA incorporates "development, change, and repair, including painting and embellishing"

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SCA Maintenance versus DBA Repair SCA Maintenance – Work is normally Scheduled, general and repeating support exercises Routine to continue something in condition of consistent usage Examples: custodial administration, routine HVAC channel changes, snow expulsion

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DBA Repair Work Typically covers exercises, for example, rebuilding of office One time fix to something not working Restoration, modification or substitution of settled segments Examples: building auxiliary repair, remodel, rooftop shingling, clearing repairs,

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Important Considerations for DBA versus SCA Coverage DBA-secured when action some portion of development contract Performed before acknowledgment by proprietor Examples of exercises: Cleanup Landscaping Carpet laying Drapery establishment

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Important Considerations for SCA Coverage SCA-secured when action is booked routine support and upkeep Examples: Replace exhausted covering Janitorial work Mowing grass Replace draperies

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DBA or SCA - Demolition Work (29 C.F.R. § 4.116(b)) DBA-shrouded if consequent development of open building or open work is arranged at the site as a feature of same contract or mulled over as a component of future development venture SCA-secured if resulting development is not thought about AAM # 90 gives further dialog

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DBA or SCA - Drilling Work SCA-secured contract is for exploratory penetrating: For a reason other than development To get information for use in designing studies (29 C.F.R. § 4.130(a)(16)) DBA-shrouded when boring for openings e.g. water wells, oil wells, or different upgrades (29 C.F.R. § 5.2(i)) AAM # 55 gives discourse cases

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SCA Contracts with DBA Segments

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Contracts Requiring SCA and DBA (29 C.F.R. § 4.116(c)(2)) SCA and DBA both apply to contracts "mainly" for administrations that: Contain particular necessities for considerable measures of development, adjustment, or repair work Physically or practically isolate from other work called for by the agreement

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Contracts Requiring SCA and DBA (29 C.F.R. § 4.116(c)(2)) SCA gets that require significant and segregable measures of development action must incorporate the DBA Substantial : the sort and amount of development work, not just dollar esteem Segregable : development work is physically and practically particular

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Example: Contract for Food Services incorporates painting prerequisites Federal contract for outfitting nourishment administrations incorporates necessities to paint cafeteria and kitchen: SCA-secured, as essentially to give sustenance administrations using administration representatives Construction movement ( i.e. , painting) is DBA-shrouded

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Example: DOD Base Maintenance & Operation Contracts Are chiefly for administrations, however frequently require considerable and segregable development work: Painting or repainting of base lodging Refinishing floors Reroofing structures If misty whether SCA/DBA scope applies to work component, contact contracting officer

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SCA & DBA – Contract Work Orders Questions can emerge on whether work required by work request, undertaking request, or administration call is: SCA upkeep, or DBA painting/repairs Individual errand or work requests are not to be part to stay away from DBA scope

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SCA & DBA – Contract Work Orders DOD direction (DFARS – 48 C.F.R. 222.402-70(d)(1)&(2) If qualification between SCA support & DBA repair (other than painting) is misty: SCA if administration call or request will require less than 32 work hours DBA if 32 or more work hours

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SCA & DBA – Contract Work Orders DOD direction (DFARS – 48 C.F.R. 222.402-70(d)(3) If qualification between SCA support & DBA painting indistinct: DBA if 200 square feet or a greater amount of painting work is to be performed under an administration call or errand arrange Regardless of aggregate work hours

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SCA or PCA or Both ?

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Distinguishing PCA and SCA PCA covers government contracts in overabundance of $10,000 For assembling or outfitting of Materials, supplies, articles, or hardware 41 C.F.R. § 50.201.1

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Distinguishing PCA and SCA (Cont\'d.) SCA exempts government contracts for the assembling or supply of materials, and so on. SCA and PCA apply to government gets that: Exceed $10,000, and Are essentially for administrations, and Contain noteworthy make or supply necessity

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Common Problem Areas (29 C.F.R. § 4.117) PCA covers real hardware upgrade/alteration work, i.e. , "remanufacturing" when gear, thing or material is: Completely or considerably torn down Totally modified Manufacturing process used In office possessed or worked by the temporary worker

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Common Problem Areas (cont\'d.) (29 C.F.R. § 4.117) SCA covers contracts for: Periodic and routine support Servicing of hardware to keep it in usable, serviceable, and working request, or To repair harmed gear not requiring a complete teardown Contracts commonly charged on hourly rate – work in addition to materials and parts - premise

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Coverage Determination SCA/DBA/PCA Contracting office has beginning duty regarding deciding scope DOL has power for definite assurance on scope Final decisions might be spoke to the Administrative Review Board (ARB)

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