Questions concerning applicability of the Service Contract Labor Standards statute
Contracting officers must consult their agency labor advisor and, if necessary, escalate unresolved Service Contract Labor Standards applicability questions to the Wage and Hour Division for determination.
Overview
FAR 22.1003-7 outlines the procedures contracting officers must follow when there is uncertainty about whether the Service Contract Labor Standards (SCLS) statute applies to a particular acquisition. The regulation requires that contracting officers first seek guidance from their agency labor advisor. If the issue remains unresolved, it must be escalated to the Administrator of the Wage and Hour Division for a formal determination. This ensures that questions regarding SCLS applicability are addressed through proper channels and resolved in a timely manner, helping to maintain compliance and avoid potential labor law violations.
Key Rules
- Consult Agency Labor Advisor
- Contracting officers must consult their agency labor advisor if they have questions about SCLS applicability.
- Escalate Unresolved Issues
- If the agency labor advisor cannot resolve the question, the issue must be submitted promptly to the Administrator, Wage and Hour Division, for a determination.
Responsibilities
- Contracting Officers: Must seek advice from the agency labor advisor and escalate unresolved questions to the Wage and Hour Division.
- Contractors: Should be aware that SCLS applicability questions are handled through this process, which may affect contract requirements.
- Agencies: Must provide labor advisors and ensure timely escalation of unresolved issues.
Practical Implications
- This section exists to ensure proper interpretation and application of the SCLS statute, reducing the risk of noncompliance.
- It impacts daily contracting by providing a clear escalation path for labor standards questions.
- Common pitfalls include failing to consult the labor advisor or delaying escalation, which can result in compliance issues or contract delays.