22.1003-5 Some examples of contracts covered
Source: FAR 22.1003-5 on acquisition.gov
This section provides practical examples to help determine when the Service Contract Labor Standards apply to service contracts, ensuring proper compliance with wage and benefit requirements.
Overview
FAR 22.1003-5 provides illustrative examples of service contracts that are typically covered by the Service Contract Labor Standards (SCLS) statute. While not an exhaustive list, these examples help contracting professionals identify when SCLS requirements are likely to apply. Covered services include a wide range of activities such as motor pool operations, custodial and janitorial services, food and lodging, laundry, equipment maintenance, grounds maintenance, data processing, and more. The section also references additional examples in 29 CFR 4.130 and notes exceptions or further clarifications in related FAR sections. Understanding these examples is crucial for determining when SCLS wage and benefit requirements must be incorporated into contracts for services performed in the United States.
Key Rules
- Illustrative List of Covered Services
- The section lists common types of service contracts that fall under SCLS, such as maintenance, custodial, food, laundry, and support services.
- Non-Exhaustive Guidance
- The list is not definitive; other similar service contracts may also be covered, and additional examples are provided in 29 CFR 4.130.
- Reference to Related Provisions
- Some exceptions or clarifications are referenced, such as in 22.1003-4(c)(1) and (d)(1)(iv), particularly for equipment maintenance and repair.
Responsibilities
- Contracting Officers: Must determine if a contract falls under SCLS by referencing these examples and ensure proper clauses are included.
- Contractors: Should review contract scope to identify if their services are covered and comply with SCLS wage and benefit requirements.
- Agencies: Oversee compliance and provide guidance on applicability.
Practical Implications
- This section helps contracting professionals quickly assess whether SCLS applies to a given service contract.
- Misclassification can lead to non-compliance, wage violations, and potential penalties.
- Contractors should carefully review contract descriptions and consult referenced regulations for borderline cases.
The following examples, while not definitive or exclusive, illustrate some of the types of services that have been found to be covered by the Service Contract Labor Standards statute (see 29 CFR4.130 for additional examples):
(a) Motor pool operation, parking, taxicab, and ambulance services.
(b) Packing, crating, and storage.
(c) Custodial, janitorial, housekeeping, and guard services.
(d) Food service and lodging.
(e) Laundry, dry-cleaning, linen-supply, and clothing alteration and repair services.
(f) Snow, trash, and garbage removal.
(g) Aerial spraying and aerial reconnaissance for fire detection.
(h) Some support services at installations, including grounds maintenance and landscaping.
(i) Certain specialized services requiring specific skills, such as drafting, illustrating, graphic arts, stenographic reporting, or mortuary services.
(j) Electronic equipment maintenance and operation and engineering support services.
(k) Maintenance and repair of all types of equipment, for example, aircraft, engines, electrical motors, vehicles, and electronic, office and related business and construction equipment. (But see 22.1003-4(c)(1) and (d)(1)(iv).)
(l) Operation, maintenance, or logistics support of a Federal facility.
(m) Data collection, processing and analysis services.