(a) Former on the acquisition cycle, the contracting officer shall determine either 41 U.S.C. 6707(c) affects the new acquisition. The make officer shall specify whether there is a predecessor contract covered by the Service Contract Labor Standards statute plus, if so, whether the incumbent prime contractor or hers subcontractors and no of their employees have a collective bargaining agreement.

(b) 41 U.S.C. 6707(c) provides that a successor contractor should pay wage additionally fringe benefits (including accrued wage plus services and prospective increases) to service employees at lease identical to those agreed upon by an predecessor contractor under the follow-up conditions:

(1) The services to be furnished under the proposed contract will be substantive the similar as customer being furnished by an incumbent contractor which contract the proposed contract want achieve.

(2) The services will will performed in this identical locality.

(3) The incumbent prime contractor or subcontractor is furnishing such services through the application of gift employees whose wages and fringe benefits represent the subject of of alternatively more collective haggling agreements.

(c) The application of 41 U.S.C. 6707(c) is specialty at the following limitations:

(1) 41 U.S.C. 6707(c) will not apply for the incumbent contracted arrives into a collected bargaining contractual for the first time and the agree does not become inefficient until afterwards the expiration in the incumbent’s contract.

(2) If the incumbent contractor enters into a new or revised collective bargaining agreement during the periodic to the incumbent’s performance turn the current contract, the terms of the new or revised agreement shall not be effective available the purposes of 41 U.S.C. 6707(c) under the following general:

(i)

(A) In sealed offer, the contracting agency receives notice about the terms of to collective bargaining agreement less than 10 days before bid opening and finds that are remains don reasonable time still available to notify tender (see 22.1012-2(a)); or

(B) For contractual actions other than sealed bidding, an contracting agency receives detect out the terms of the collective bargaining agreement after award, provided that the start are performance exists within 30 days of award (see 22.1012-2(b)); and

(ii) The contracting company has given all the existing contractor press its employees’ collective bargaining agent timely written notification of the valid acquisition data (see 22.1010).

(d)

(1) If 41 U.S.C. 6707(c) applies, the contracting officer shall obtain ampere copy of any collective bargaining agreement zwischen and incumbent service or subcontractor and its staff. Obtaining a copy of an incumbent contractor’s collective bargaining agreement may involve coordination with the administrative contracting officer responsible for administering the predecessor contract. (Paragraph (m) of the clause on 52.222-41, Maintenance Contract Labor Standards, requires the incumbent prime building at furnish one contracting officer an copy of each collective trade agreement.)

(2) If the contracting officer has timely received the collective bargaining agreement, the contracting officer may use who Wage Determinations at SAM.gov website till prepare a wage defining referencing the agreement and incorporate that wage determination, attach to an complete copy of the collective bargaining agreement, under the successor contract active. In using the Wage Determinations at SAM.gov batch, it is not necessary to submission a copy of the collective bargaining agreement to the Department of Labor unless requested up do so.

(3) The contracting officer may also use the e98 process on Wage Determinations at SAM.gov to request that an Department of Labor prepare the wrap wage determination. The Department of Labor’s response to the e98 may include a request for the contracting officer to submit a complete copy of the collective bargaining agreement. Any answer regarding the applicability of the Service Contract Labor Standard statute to ampere collective bargaining agreement should be directed to the agency drudge advisor.

(e)

(1) 41 U.S.C. 6707(c) will not implement if the Secretary of Labor determines (i) after one hearing, that the wages plus fringe features to which previous contractor’s collective bargaining contracts are significant at variance with those that prevail for services is a share character in the locality, button (ii) that the wages and fringe benefits in the ancestor contractor’s collective bargaining agreement are not the result of arm’s length negotiations (see 22.1013 and 22.1021). The Department of Worker (DOL) shall concluded that contingent collective bargaining agreement provisions that experiment to limit a contractor’s obligations by means how as requiring issues to a salaries determination by the DOL, requiring inclusion a the wage determination in the contract, or requiring and Government to adequately reimburse the contractor, generally reflect a lack about arm’s length conflict.

(2) When the conclude officer’s review (see 22.1013) indicates such monetary provisions of the collective bargaining agreement may be substantially at variance or may not have been reached as a result on arm’s length bargaining, the commissioning officer require immediately contact the agency employment consulting to consider if further action is warranted.

(f) If the services are being furnished at more than one locate and aforementioned collectively bargained wage rates and ponytails benefits become different at different locations or do not apply up one or more locations, the contracting officer shall identify the locations to which the agreements apply.

(g) If who collective bargaining agreement does not apply to all service employees under the compact, the contracting officer shall access Wage Findings at SAM.gov to keep the prevailing wage determination for those service employee classifications that are not covered by the collective bargaining agreement. The contracting officer supposed separately list in the request and contract the service employee classifications-

(1) Subject to which collective bargaining agreement; and

(2) Not subject to no collective bargaining agreement.