When does the SCA apply?

Frequently Asked Questions Pertaining to the Issuance of Wage Determinations Under the McNamara-O'Hara Service Contract Act (SCA) of 1965, as Amended.

I think it's important to point out that that the contractor -- not the contracting officer -- is responsible for determining whether its contract is subject to SCA. In my experience, too many contractors rely on the CO attaching a wage determination to the contract as an indication of whether or not SCA applies. That can be an expensive mistake.

On 8/24/2019 at 11:09 AM, here_2_help said:

I think it's important to point out that that the contractor -- not the contracting officer -- is responsible for determining whether its contract is subject to SCA. In my experience, too many contractors rely on the CO attaching a wage determination to the contract as an indication of whether or not SCA applies. That can be an expensive mistake.

H2H, that is a sad reality in my opinion.

On the face of it, the organization doing the contracting ought to know what the contract requirements are before soliciting. 

That is a general statement, not aimed at MYC, who, to his/her credit,  is trying to determine what the requirements are.

Yes, the SCA applies.  See FAR 22.1003-1.

I answered the question.  My answer is based on assumptions I had to make, such as performance in the U.S. and so forth, which are not addressed in the original posting.

But somehow, I don't think my answer was helpful.  MYC, are you really wondering whether the service can be purchased with the Government Purchase Card?  Or are you really wondering if you must include a wage determination?  Or are you really wondering if the travel cost has to be considered in deciding whether you are above the thresholds in the definition of micro-purchase threshold in FAR 2.101?  Or are you really wondering if you have to use the clauses prescribed in FAR 22.1006?  Or maybe all of the above?  If you can clarify your question, we can be more helpful.

MYC, I happen to be a member of the MYC (Mobile Yacht Club) in Mobile, Alabama. 🤠

There is also an MYC in Heidelberg, GE. 

Happy Sails to you!

On 8/21/2019 at 4:06 PM, MYC said:

Does the SCA apply?

As a practical matter, I believe that a  review of the SOW and the associated market research would be the starting point towards answering that question.