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Overview

A special two-day program for contract managers, personnel professionals, legal counsel, project managers, financial personnel, and compliance officials covering:

  • The applicable labor requirements - from wage rates and fringe benefits to health plans and overtime issues.
  • When they are applied.
  • How they are enforced.
  • Efficiently incorporating them into your contract activities.

Government contracting is tough enough without labor problems on your home ground. Even so, contractors who perform a wide range of services for the Government must comply with a sweeping range of special labor requirements. Chief among these labor requirements are those contained in the Service Contract Act provisions continually presenting contractors with a large number of difficult questions and problem areas, and ones that are being more aggressively reviewed and enforced by the Government than ever before-with increasingly severe penalties.

This special two-day program will teach you what the Service Contract Act's labor requirements are, when they are applicable, and how to efficiently incorporate them into your daily contracting activities. The special Course Curriculum has been designed to offer maximum benefits to personnel professionals, contract managers, legal counsel, project managers, and others who are involved with a contract's labor requirements. Further, the course offers practical guidance on your rights, options and remedies.

Learning Objectives: 
After completing this course, you will be able to:

  • Know the standards and regulations of the Service Contract Act
  • Recognize the different types of exemptions such as supply contracts and transportation
  • Accurately determine wage rates based on SCA 
  • Create effective compliance procedures
  • Accurately classify workers and based on an areas ‘prevailing’ rate
  • Establish correct Wage Determinations based on wage rates 
  • Recognize the difference between a service contract and a construction contract
  • Mitigate risks for monetary penalties due to violations
  • Develop an audit compliance strategy
     
Included in the program are analyses of:
  • When the Act applies.
  • The Act's coverage; exemptions to the provisions.
  • Wage determination procedures; prevailing labor rate issues.
  • Determining prevailing fringe benefits.
  • Measuring health and safety benefits; compliance with the requirements; the problem of self insured benefit plans.
  • Applications to subcontracts.
  • Special problems of off-site contracts.
  • Multi year contracts and contracts with options.
  • The effect of change orders and wage escalations.
  • The Successor Contractor rule.
  • Debarment absent "unusual circumstances" rule.
  • Applicable overtime compensation laws.
  • Special overtime problems.
  • Interrelationship of the Service Contract Act with other labor laws.
Dates/Locations
No upcoming dates/locations at this time
Agenda
8:00 AM - 3:00 PM
Las Vegas, NV
9:00 AM - 4:00 PM
All other locations
9:00 AM - 4:00 PM
San Diego, CA

1.     Introduction to the Service Contract Act

  • Prevailing Wages and Labor Rates
  • Bona Fide Fringe Benefits
  • Administrative and Recordkeeping Requirements
  • Relationship to Other Federal and State Wage and Hour Laws

2.     Exemptions

  • Executive
  • Administrative
  • Professional
  • Contracts Not "Primarily for Services"
  • Construction Contracts
  • Supply Contracts
  • "Remanufacturing" Contracts
  • Transportation, Communication, Direct Employment and Postal Station Contracts
  • ADP and High Technology Equipment Maintenance Contract
  • Office/Business Machines Repair Contracts

3.     Coverage of The Act

  • Definition of Service Employees
  • Subcontractors
  • State and Municipal Employees
  • Indefinite Quantity Contracts
  • Part-Time Employees
  • Geographical Coverage
  • Mixed Supply and Service Contracts

4.     Wage Determination (WD) Procedures

  • Contents of a WD
  • Requesting a WD
  • Conforming Wage Rates
  • WD Received Before Bid Opening
  • WD After Bid Opening
  • WD After Date for Receipt of Proposals
  • Multi-Region and Nationwide WDs
  • "Due Consideration" of Wage Board Rates
  • FAR Procedures Where Place of Performance Uncertain
  • Administrative Review by Wage and Hour Administrator
  • Review by Board of Service Contract Appeals

5.     Determining Fringe Benefits

  • Types of Acceptable Fringes
  • Focus on Vacation Benefits
  • Hourly Health and Welfare Benefits
  • Average Health & Welfare Benefits
  • Self-Insurance Programs

6. Application of the Service Contract Act

  • Without a Contract Provision
  • Without a Wage Determination
  • Application and Preemption of State Wage and Hour Laws

7.     Change Orders and Escalation

  • SCA Pricing of Adjustment Claims
  • ASBCA and Claims Court Interpretations
  • Effect of FLSA Increases in Minimum Wages

8.     The Successor Contractor Rule

  • In General
  • Defining the Locality
  • "Successor Contractor" Defined
  • Benefits Covered
  • Exceptions

9.     Monetary Penalties for Violation

  • Back Pay Liability
  • Withholding of Contract Funds
  • Judicial Review
  • Private Right of Action for Retaliatory Discharge
  • Priority of Unpaid Workers to Contract Funds
  • Statute of Limitations
  • Contract Cancellation

10.   Three Year Debarment Penalty

  • "Unusual Circumstances" Defined
  • Debarment Procedures
  • Administrative and Judicial Review
  • "Substantial Interest" Defined

11.   Overtime Compensation Issues

  • Fair Labor Standards Act (FLSA) for White Collar Workers
  • Contract Work Hours Safety Standards Act (CWHSSA) and Liquidated Damages for Blue Collar Workers
  • Determining Working Time
  • Calculating Regular Rate and Overtime
  • Half-Time
  • Belo Plans
  • Compensatory Time and Time Off

12.   Special Overtime Problems

  • Wage Busting of Professional Employees-OMB Policy Letter 78-2
  •  Uncompensated Overtime

13.   DOL Audits

  • Current enforcement environment
  • Audit procedures and results
  • Potential Penalties
  • Common compliance pitfalls

14.   Interplay with GSA/VA Schedule contracts

  • Contract requirements
  • Compliance challenges

15.   Compliance programs and systems

  • Compliance responsibilities within an organization
  • Affected business processes
  • Methods for compliance
  • Tools and systems
Experts
  • Daniel B. Abrahams
    Founding Partner of Abrahams Wolf-Rodda, LLC
    Mr. Abrahams is a founding partner of Abrahams Wolf-Rodda, LLC, a boutique government contracts and wage & hour law firm in the Washington DC metropolitan area. See www.awrcounsel.com. The practice includes traditional government contracts work (bid protests, claims, compliance advice, pr...
    See Full Bio
  • Shlomo Katz
    Counsel, Brown Rudnick
    Mr. Katz is a Counsel in Brown Rudnick’s Washington, DC office where he is a member of the Wage and Hour Group, a practice spanning the Fair Labor Standards Act, the Service Contract Act, the Davis-Bacon Act, and state wage laws. He represents mostly employers in class and collective actions,...
    See Full Bio
  • Aaron Raddock
    Partner, BDO
    Aaron Raddock is the National Co-Leader of BDO’s Government Contracts Practice. He focuses in the area of advisory services working with government contractors in virtually every industry on a wide range of business issues and regulatory compliance matters. Aaron regularly assists federal cont...
    See Full Bio
  • Leslie Stout-Tabackman
    Managing Director, BDO
    Leslie Stout-Tabackman regularly counsels and represents clients with matters before the U.S. Department of Labor's (DOL) Wage and Hour Division, including Fair Labor Standards Act (FLSA) issues and prevailing wage and benefits issues arising under the Service Contract Act (SCA), the Davis-Bacon...
    See Full Bio
Accreditation
See Individual Courses For Available Credits
Certificates of Completion are provided to all seminar participants who attend Federal Publications Seminars courses following the event, upon request.
CPE: Continuing Professional Education
Field of Study: Specialized Knowledge
Delivery Method: Group-Live Classroom
Federal Publications Seminars is affiliated with West Professional Development and is registered with the National Association of State Boards of Accountancy (NASBA) as a sponsor of continuing professional education on the National Registry of CPE Sponsors. State boards of accountancy have final authority on the acceptance of individual courses for CPE credit. Complaints regarding registered sponsors may be submitted to the National Registry of CPE Sponsors through its website: www.nasbaregistry.org.
For more information regarding administrative policies such as refunds, cancellations and complaints, please contact Federal Publications Seminars at 888.494.3696.
CPE Hours
This program is eligible for: 13.0 (CPE) hours of credit
Program Level: N/A
Program Prerequisite: None
Advance Preparation: None
Method: N/A
CLP: Continuous Learning Points
Approved for CLP by Defense Acquisition University
Defense Acquisition Workforce members must acquire 80 Continuous Learning Points (CLP) every two years from the date of entry into the acquisition workforce for as long as the member remains in an acquisition position per DoD Instruction 5000.66. We will provide you with documentation of points awarded for completing the event.
CLP Hours
This program is eligible for: 11.0 (CLP) hours of credit
CLE: Continuing Legal Education
States have widely varying regulations regarding MCLE credit. LegalEdcenter is an approved provider in AL, AK, AR, CA, GA, IL, ME, MO, MS, NC, ND, NE, NH, NJ, NM, NV, NY, OH, OK, PA, RI, SC, TN, TX, UT, VA, VI, VT, WA, WI, and WV. Credit may be applied for in other jurisdictions on request and in accordance with state MCLE rules.
Please note that because some states are changing their policy on CLE reporting, you will need to fill out the request for credit from Federal Publications Seminars within 10 business days, or we may not be able to issue credits for the program.
CLE Hours
This program is eligible for: 11.0 (60 minutes), (50 minutes)
Travel
No travel information is available at this time
In-House
Bring Federal Publications Seminars to your location! If you would like to offer this course in-house, please contact us.
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CMBOK Alignments
Leadership
Character
Collaboration
Competence
Emotional Intelligence
Vision
Management
Business Management
Change Management
Financial Management
Project Management
Risk Management
Supply Chain Management
Guiding Principles
Communication and Documentation
Contract Principles
Regulatory Compliance
Situational Assessment
Skills and Roles
Standards of Conduct
Team Dynamics
Pre-Award
Plan Sales
Plan Solicitation
Prepare Offer
Request Offers
Award
Manage Disagreements
Plan Negotiations
Price or Cost Analysis
Select Source
Post-Award
Administer Contract
Close Out Contract
Ensure Quality
Manage Changes
Manage Subcontracts
Learn
Continuous Learning
Individual Competence
Organizational Capability
Level
  • 100
    Basic or fundamental subject matter is covered. Courses are geared to general knowledge or can be taken as a refresher.
  • 200
    Specific topics or issues within a topic area are covered. Students should be familiar with terms of art and general concepts concerning the course topic.
  • 300
    Workshops and class discussions cover specific subject matter in-depth, and participation is strongly encouraged. Attendees should have at least 2-3 years' experience in the area of study.
  • 400
    Courses build upon students' knowledge and experience, and cover complex issues within the subject matter. Should have 4-5 years' mastery of subject for in-depth analysis.
  • 500
    Masters-level programs designed for professionals with 5+ years' experience. Courses cover in-depth and technical analysis on specific subjects and updates on current issues.