Laserfiche WebLink
EROIGSA-15-0007 <br />ATTACHMENT 2 - Title 29, Part 4 Labor Standards for Federal Service Contracts <br />determinations to be issued by the Wage and Hour Division, Employment Standards <br />Administration of the Department of Labor as provided in such Act, <br />(c) The contractor or subcontractor may discharge the obligation to famish fringe benefits <br />specified in the attachment or determined conformably thereto by furnishing any equivalent <br />combinations of bona fide fringe benefits, or by making equivalent or differential payments in <br />cash in accordance with the applicable rules set forth in subpart D of 29 CFR part 4, and not <br />otherwise. <br />(d)(1) In the absence of minimum wage attachment for this contract, neither the contractor not, <br />any subcontractor under this Contract/IGSA shall pay any person performing work under the <br />Contract/1GSA (regardless of whether they are service employees) less than the minimum wage <br />Specified by section 6(a)(1) of the Fair Labor Standards Act of 1938. Nothing in this provision <br />shall relieve the contractor or any subcontractor of any other obligation under [[Page 42]] law or <br />Contract/IGSA for the payment of a higher wage to any employee, <br />(2) If this Contract/1G5A succeeds a contract, subject to the Service Contract Act of 1965 as <br />amended, under which substantially the same services were furnished in the same locality and <br />service employees were paid wages and fringe benefits provided for in a collective bargaining <br />agreement, in the absence of the minimum wage attachment for this <br />Contract/IGSA setting forth such collectively bargained wage rates and fringe benefits, neither <br />the contractor nor any subcontractor under this ContracUIGSA shall pay any service employee <br />perfbrming any of the Contract/IGSA work (rcgardless of whether or not such employee was <br />employed under the predecessor contract), less than the wages and Tinge benefits provided for in <br />such collective bargaining agroerrnents, to which such employee would have been entitled if <br />employed under the predecessor contract, including accrued wages and fringe benefits and any <br />prospective increases in wages and fringe benefits provided for under such agreement, No <br />contractor or subcontractor under this ContracUIGSA may be relieved of the foregoing obligation <br />unless the limitations of Sec. 4.lb(b) of 29 CFR part 4 apply or unless the Secretary of Labor or <br />his authorized representative finds, after a hearing as provided in Sec. 4,10 of 29 CFR part 4 that <br />the wages and/or fringe benefits provided for in such agreement are substantially at variance with <br />those which prevail for services of a character similar in the locality, or determines, as provided <br />in Sec. 4,11 of 29 CFR part 4, that the collective bargaining agreement applicable to service <br />employees employed under the predecessor Contract/fGSA was not entered into as a result of <br />arm's-length negotiations. Where it is found in accordance with the review procedures provided <br />in 29 CFR 4.10 and/or 4,11 and parts 6 and 8 that some or all of the wages and/or fringe benefits <br />contained in a predecessor contractor's collective bargaining agreement are substantially at <br />variance with those which prevail for services of a character similar in the locality, and/or that <br />the collective bargaining agreement applicable to service employees employed under the <br />predecessor Contract/IGSA was not entered into as a result of arm's-length negotiations, the <br />Department will issue a new or revised wage determination setting forth the applicable wage <br />rates and fringe benefits. Such determination shall be made part of the Contract/IGSA or <br />subcontract, in accordance with the decision of the Administrator, the Administrative Law Judge, <br />or the Administrative Review Board, as the case may be, irrespective of whether such iasuance <br />occurs prior to or after the award of a C6utract/1GSA or subcontract. 53 Comp. Gen. 401 (1973). <br />1n the case of a wage determination issued solely as a result of a finding of substantial variance, <br />such determination shall be effective as of the date of the final administrative decision. <br />Page 3 of 8 <br />