The Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interests (SARFAESI) Act, 2002 The Insolvency and Bankruptcy Code, 2016 The Fugitive Economic Offenders Act, 2018 The Prevention of Money Laundering Act, 2002 The Foreign Exchange Management Act, 1999 The Foreign Contribution (Regulation) Act, 2010 act's language and legislative history, by Labor's own regulations, or by its administrative manual. Relation to State, Local, and Other Federal Laws, Occupational Safety and Health Administration (OSHA), Contract Work Hours and Safety Standards Act, Fair Labor Standards Act: Everything You Need to Know, Construction contracts under the Davis-Bacon Act, Transportation contracts under published tariffs, Contracts controlled by the Communications Act of 1934, Contracts for services outside the United States, Contracts exempted under special circumstances by the Secretary of Labor. (1) Any interested person may institute proceedings in the High Court to prevent, in . false. The COR should notify the contractor immediately if there is a discrepancy found in a public voucher/invoice. First passed in 1976, the MSA fosters the long-term biological and economic sustainability of marine fisheries. [1] The GI tag ensures that only those registered as authorised users (or at least those residing inside the geographic territory) are allowed to use the popular product name. . Final Board decisions may be appealed to the federal courts. Subpart 22.4 - Labor Standards for Contracts Involving Construction The act will: consolidate and simplify existing offences into a single act ensure that perpetrators receive suitably severe punishments for modern slavery crimes (including life sentences) India, as a member of the World Trade Organization (WTO), enacted the Act to comply with the Agreement on Trade-Related Aspects of Intellectual Property Rights. . A manufacturer's warranty typically is included in the purchase price when you buy a new car, but used cars might come with some type of warranty coverage, too. true, IDENTIFY COR RESPONSIBILITIES SUPPORTING THE PLANNING AND SUBMISSION OF CONTRACT CHANGES DOCUMENTS NEEDED TO NEGOTIATE A MODIFICATION:The COR has identified a change to the contract that will increase costs. Passed in a more conservative post-war climate, the amendments were intended to forbid unfair labor practices by unions. Failure to do so can result in investigations, payment to former employees, and suspension or termination of the contract. . contracting officer's representative, IDENTIFY THE CONTRACTING EXPENDITURES, FUNDING ISSUES, OVERRUNS, REQUESTS FOR TRAVEL AND OVERTIME THAT WILL BE DISCUSSED WITH THE CONTRACTING OFFICER:The COR has the authority to authorize ______: . Work with the contractor to correct the non-compliance or apply a contract specific remedy. The McNamara-O'Hara Service Contract Act of 1965, as amended (SCA), . . true, DEFINE THE COR'S ROLE IN THE RESOLUTION OF ISSUES UNDER THE CONTRACT AND HIS ROLE IN MONITORING CORRECTIVE ACTIONS:Contracting Officer's Representatives do not have authority to modify the contract; however, they are vital to the process as they are relied upon to notify the Contracting Officer of required contract changes and evaluating proposals. Understanding the McNamara-O'Hara Service Contract Act This statute was enacted in 1966, amended in 1976 and is managed by the Department of Labor through its Wage and Hour Division. Taft-Hartley Act (1947) The Taft-Hartley Act is a series of amendments to the NLRA. 7. It requires lenders to provide you with loan cost information so that you can comparison shop for certain types of loans. Groundskeepers are covered by the Service Contract Act, which dictates that they be paid a "prevailing wage" set by the Department of Labor. It is imperative a COR maintain adequate records because: . Travel costs for specific travel identified in the contract, using Joint Travel Regulation rates. If the contractor does contribute to a health plan, these contributions may vary per employee based on that employees family and employment status. In determining the minimum wage and benefits for particular jobs, employers are required to identify job tasks for each employee and match or map those to the comparable DOL labor category. All others, with the exception of a time-and-materials contract which is a hybrid of the two, are subsets of cost reimbursement or fixed-price contracts. Monies are withheld or deducted for contract noncompliance, DEFINE THE ROLE AND AUTHORITY OF CORS REGARDING PAST PERFORMANCE:Only negative past performance data should be documented by the COR. Is your Company Required to Comply with the SCA? Act to consolidate the law relating to the establishment of group areas, the control of the acquisition of immovable property and the occupation of land and premises, and matters incidental thereto. . Which of the following statements is true regarding this duty? true. . In D.C., the wage for groundskeepers is $13.07 . x Present Sally with a letter of appreciation. Section 22-B of the Mines Act, 1923 also fixes weekly hours of work for workers at 48 hours or 8 hours each day, with the limitation of spread-over 12 hours and interval for rest for one hour every six hours. Procurement Integrity Act, LIST THE REQUIREMENTS FOR PREPARING A STATEMENT OF WORK OR STATEMENT OF OBJECTIVES:A properly written Statement of Work will (select all that apply): . Explain why a large restaurant chain (e.g. The Truth in Lending Act (TILA) protects you against inaccurate and unfair credit billing and credit card practices. Explain how you would demonstrate respect towards a client when communicating information to them using spoken words. These regulations involve various matters from procedure to compensation and safety standards, all of which can be found in various parts of Title 29 of the Code of Federal Regulations. Specific, Measurable, Accountable, Reasonable, Time-based, IDENTIFY THE ELEMENTS OF A PURCHASE REQUEST:A purchase request is an official request for action that authorizes the contracting process to begin. . the main purpose of the SCA is to protect labor standards for service . AN ACT to provide for the protection of geographical indications and to provide for relat ed matters. Congress enacted and amended the SCA to ensure that service contract workers earn no less than local market pay and benefits; narrow the compensation gap between direct federal employees and lower-paid contracted employees; and prevent the government from undercutting unionized workers' right to negotiate a better deal. The Secretary of Labor is tasked with enforcing the provision of the SCA by issuing regulations, orders, conducting hearings, deciding disputes and taking other action as appropriate. Executive Candidate Assessment and Development Program, Applicability of Service Contract Act to Service Employees of ADP and High-Technology Companies. Based on what you have learned about the responsibilities of the COR, choose a true statement from the following: x Latent defects can be discovered at the time of acceptance. DESCRIBE A CORS RESPONSIBILITIES IN INSPECTING AND ACCEPTING SUPPLIES AND SERVICES:The inspection clause for ____________contracts allows for the contractor to charge the cost of rework to the government: . . Adjustments to wages and contract prices and costs. The department of labor is responsible for enforcement of the service contract act 5. false, IDENTIFY MAJOR REQUIREMENTS FOR TIMELY INVOICE REVIEW AND PAYMENTS: DETERMINE STEPS TO VERIFY THE ACCURACY AND VALIDITY OF THE CONTRACTOR'S INTERIM INVOICES UNDER COST/T&M/LH CONTRACTS:The COR reviews public vouchers (SF 1034) under cost type contracts for ______. The Occupational Safety and Health Administration (OSHA) is a federal agency tasked with inspecting and enforcing workplace safety. RECOGNIZE HOW THE COR'S RESPONSIBILITY FOR PROVIDING COST ESTIMATES ASSIST KOS IN NEGOTIATING PROPOSED CHANGES IN SCOPE OF WORK UNDER THE CONTRACT:During negotiations for a proposed change to the contract, the COR may be asked to: . - = selected but unknown whether correct or not. This statute was enacted to insure that service employees engaged for federal governments are paid as much as the prevailing rates in the location for the same work. Wage determinations are specific to each contract. Consumer Protection Law and Environmental claims. DEFINE EVM AND COST PERFORMANCE REPORTING:Earned Value Management is __________. . . (2) Routine recurring maintenance of real property. If the barracks are not available, the soldiers will have no living quarters. Several corporations stressed the inflationary impact Labor's wage determinations could have on the industries' wage rates. the rights of performers, producers of sound recordings and broadcasting organizations); trademarks including service marks; geographical indications including appellations of origin; industrial designs; patents including the protection of new varieties of plants; the layout-designs of integrated circuits . From the following statements, select the correct statement pertaining to the Service Contract Act: A) The Service Contract act applies to all service contracts performed in the US with an estimated value under $10,000. x Yes, 41 U.S.C. The easiest way of determining this is to check the solicitation or request for bids which sometimes indicates whether the SCA will apply to a particular contract. For prime contracts in excess of $100,000, contractors and subcontractors must also, under the provisions of the Contract Work Hours and Safety Standards Act, as amended, pay . define the cor's role in the resolution of issues under the contract and his role in monitoring corrective actions:contracting officer's representatives do not have authority to modify the contract; however, they are vital to the process as they are relied upon to notify the contracting officer of required contract changes and evaluating Which one of the following statements is true? true, IDENTIFY MAJOR REQUIREMENTS FOR TIMELY INVOICE REVIEW AND PAYMENTS: IDENTIFY INVOICE PAYMENT REQUIREMENTS ASSOCIATED WITH APPROPRIATE CONTRACT INVOICE CLAUSE:The government has ________ from receipt of an invoice to notify the contractor if it is improper. sole source format, IDENTIFY THE DUTY TO PROVIDE TECHNICAL CLARIFICATION TO THE CONTRACTOR WITHOUT CREATING AN UNAUTHORIZED OBLIGATION OR CONSTRUCTIVE CHANGE TO THE CONTRACT:When there is a difference of opinion between the COR and the contractor on a specification within the contract, the COR should direct the contractor to perform in accordance with the COR's interpretation. 22.303 Administration and enforcement. Also, under a direct contribution plan, the average contributions must equal or exceed the specified fringe benefit rate. The Service Contract Act, also referred to as the McNamara-OHara Service Contract Act (SCA), is a federal statute which controls the aspect of service contracts entered into between individuals or companies and the federal government, including the District of Columbia, for the contractors to engage service employees to provide services for these government agencies. IDENTIFY THE PROCESS FOR DEVELOPING AN INDEPENDENT GOVERNMENT COST ESTIMATE:The Independent Government Estimate includes only direct and indirect cost: . The Wage and Hour Division also provides much information on its website. 22.305 Contract clause. b) a lower premium than other large restaurant chains. Share it with your network! In addition to minimum wage rates, contractors must also provide their employees major medical insurance coverage or pay a specified rate for fringe benefits (currently $2.56 per hour). Personal services contracts are appropriate only in limited situations as prescribed by the Federal Acquisition Regulations. RECOGNIZE THE ROLE OF THE COR IN THE OVERALL STRATEGIC PLANNING OF AN ACQUISITION:The existing contract, including all options, is about to end. Determine which of your employees under the contract would be service employees and which are exempt for purposes of the SCA or FLSA. Employees under the SCA are entitled to be paid a minimum wage based on a determination by the Department of Labor of the average rates and benefits for similar work in private industry in the same locale as the service contract. Transparency in regulations, inquiry points. Covered service employees must receive wages no less than the minimum wage, and for contracts exceeding $2,500, the minimum wages and fringe benefits must be based on rates that the Department of Labor determines as prevailing for service employees in the locality. IDENTIFY MAJOR REQUIREMENTS FOR TIMELY INVOICE REVIEW AND PAYMENTS: DISCUSS THE INVOICE POLICY AND PROCESS OF FAR PART 32.9:One of the primary responsibilities of the COR is the review of invoices/public vouchers. RECOGNIZE HOW CONTRACT TYPES IMPACTS COR RESPONSIBILITIES:When preparing for a procurement that can only be purchased from a single source, the _________ document is required. This increase may not be within the scope of this tire contract. true, RECOGNIZE THE BASIC INFORMATION (PERIOD OF PERFORMANCE, PWS, CONTRACT VALUE) FOUND IN A CONTRACT TO INCLUDE THE UNIFORM CONTRACT FORMAT:The COR should be familiar with all the following areas of a contract: . Davis-Bacon Act. Be careful. Search online for media outlets that use two or more modes of communication with their customers. . IDENTIFY APPROPRIATE EVALUATION FACTORS/CRITERIA:The purpose of evaluation criteria is to represent the areas of importance and value to the Government as well as risk allocation to be considered in the source selection decision. One of the example of product registered under GI is Basmati Rice. Failure to take action in the face of late or poor performance, DETERMINE IF A CHANGE IS WITHIN THE SCOPE OF THE CONTRACT:An option is the unilateral right of the government to extend or buy more than the amounts bought at the time of award. true, DISTINGUISH BETWEEN FORMAL AND INFORMAL COMMUNICATION AND ITS EFFECT ON GIVING TECHNICAL DIRECTION:A critical way that formal communication differs from informal is that formal communication is binding upon the parties and informal communication is non-binding. Which of the following is NOT true? . The department of Labor is responsible for the enforcement of the Service contract act. Which one of the following statements about the source selection decision process is TRUE? Therefore, in formulating a bid you will need to be aware of the applicable SCA requirements as to wages and benefits required to be paid to your service employees. In plain English that means the work falls under the basic intent of the original contract. This provision of the final rule had not been included in the proposed regulation. One of the most important consumer protections in finance is the Securities Act of 1933, which was enacted during the Great Depression. This additional hourly compensation must be paid on all hours paid, working hours, paid time off, and holiday pay. DESCRIBE THE DUTIES OF THE COR AS OUTLINED IN THE DESIGNATION/APPOINTMENT LETTER:You are the COR at a Government training installation. Hire the top business lawyers and save up to 60% on legal fees. DISTINGUISH BETWEEN PERSONAL AND NON-PERSONAL SERVICES AND ACT ACCORDINGLY WHEN WORKING WITH CONTRACTOR PERSONNEL:When working with contractor personnel on a non-personal services contract, the COR should: x Rate individual contractor employee performance, DEFINE EVM AND COST PERFORMANCE REPORTING:An Earned Value Management system that is formally validated and accepted by the cognizant contracting officer is required on cost or incentive contracts valued at or greater than ____. FAR 22.403-1 The service contract act was enacted to protect economies in the geographical areas where the contract is performed. . The Army makes you take a lot of pointless tests. 4. Service Contract Act Should Not Apply to Service Employees of ADP and High . . . This assistance consists of publishing brochures and other explanatory literature, copies of which may be found at local Wage and Hour Division offices. McDonald's, Mandarin, Boston Pizza) might pay: a) the same Workers Compensation Board (WCB) premium as other large restaurant chains. true, IDENTIFY THE ELEMENTS OF A PURCHASE REQUEST:All of the following are elements of a Purchase Request EXCEPT________: x Contract Data Requirements List (CDRL) x funding certification, IDENTIFY THE ELEMENTS OF A PURCHASE REQUEST:The elements of a purchase request include: x All these answers are correct. If your product has a specific geographical origin and a reputation - a given quality or other characteristics of a product essentially attributable to it - you can protect it with a geographical indication (GI). true. The requirements document should use market research and promote full and open competition, as much as possible, RECOGNIZE THE ROLE OF THE COR IN THE OVERALL STRATEGIC PLANNING OF AN ACQUISITION:What is a KEY role of the COR in Acquisition Planning? Which of the following is not a streamlined method of acquisition? ANALYZE THE INSPECTION CLAUSES FOR FIXED TYPE AND COST REIMBURSEMENT CONTRACTS USED IN CONSTRUCTION:In construction; a Contracting Officer may suspend work for a "reasonable" period of time. false, DESCRIBE THE DUTIES OF THE COR AS OUTLINED IN THE DESIGNATION/APPOINTMENT LETTER: Regarding the COR's key duties, choose the correct statement from the following: . . . The proposals are evaluated against the evaluation factors which must include cost/price to the Government. x $10 million x $100 million. 423 ? To answer this, it must first be determined if the contract is one covered by the Service Contracts Act.