D.C. Mun. Regs. tit. 8, r. 8-A2555

Current through Register Vol. 71, No. 49, December 6, 2024

Rule 8-A2555 - SERVICE CONTRACT ACT OF 1965

2555.1

The contracting officer shall include a clause in each solicitation and contract subject to the provisions of the Service Contract Act of 1965 ( Pub.L. 89-286, as amended, 41 U.S.C. §§351 - 358, also referred to in this section as "this Act") which specifies the requirements of this Act for payment of minimum wages, furnishing of fringe benefits, and provision of proper working conditions.

2555.2

In accordance with this Act and federal regulations ( 29 C.F.R. §4.1) , the contract clause required under this section shall be included in each solicitation and contract when the principal purpose of the procurement is furnishing of services in the United States through the use of service employees. The clause shall not be included in a solicitation or contract when the procurement is in the following categories:

(a) Any contract when the total amount of the contract, including any modifications or options, is two thousand five hundred dollars ($2,500) or less; or

(b) Any contract for construction, alteration, or repair (including painting and decorating) of any public building or public work;

(c) Any contract subject to the Walsh-Healey Public Contracts Act and the provisions of §§ 2552 and 2553 of this chapter;

(d) Any contract for the furnishing of services by radio, telephone, telegraph, or cable companies, subject to the Communications Act of 1934 (47 U.S.C. §151 et seq.);

(e) Any contract for the carriage of freight or personnel by vessel, airplane, bus, truck, express, railway, or oil or gas pipeline where published rates are in effect; or

(f) Any contract for public utility services.

2555.3

The Director shall ensure that the clause inserted in solicitations and contracts under this section clearly states that the requirements of the clause are applicable to both contractors and subcontractors.

2555.4

Violations of this Act shall be reported to the contracting officer by the contract administrator or other District official or inspector of work under a contract. The contracting officer make a full report of the violations to the Director, including an accounting of funds due and a recommendation for withholding payments to the contractor to cover any underpayment of compensation, refunds, or rebates.

2555.5

When a violation is reported to the Director, the Director shall take actions required under federal regulations to pursue enforcement of this Act by the U.S. Secretary of Labor, and shall ensure that funds are withheld and paid into a deposit account, in accordance with the regulations and procedures established by the U.S. Secretary of Labor.

D.C. Mun. Regs. tit. 8, r. 8-A2555

Final Rulemaking published at 35 DCR 5822 (July 29, 1988)