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 this context, the contractor has been so irresponsible regarding the construction of the quarters for the soldiers. DD250 or Wide Area Workflow, DESCRIBE A COR'S RESPONSIBILITIES IN INSPECDESCRIBE A COR?S RESPONSIBILITIES IN INSPECTING AND ACCEPTING SUPPLIES AND SERVICES: GIVEN A SCENARIO, LIST ACTIONS THAT MUST BE TAKEN TO CLOSE OUT A CONTRACT:Past performance assessments may include inputs from the (select all that apply): x all x legal counsel // contracting officer x contracting officer // contracting officer's representative, DESCRIBE A COR'S RESPONSIBILITIES IN INSPECTING AND ACCEPTING SUPPLIES AND SERVICES: GIVEN A SCENARIO, LIST ACTIONS THAT MUST BE TAKEN TO CLOSE OUT A CONTRACT: Only the government input is recorded on past performance in the Contractor Performance Assessment Record System. The McNamara-O'Hara Service Contract Act of 1965, as amended (SCA), . Is your Company Required to Comply with the SCA? Ask your question! DISTINGUISH BETWEEN PERSONAL AND NON-PERSONAL SERVICES AND ACT ACCORDINGLY WHEN WORKING WITH CONTRACTOR PERSONNEL:When "contracting out" governmental functions, it is the policy of the Government to utilize non-personal service contracts whenever possible. 22.305 Contract clause. x Yes, 41 U.S.C. 4. all these answers are correct, DEFINE THE MAJOR ACTIONS REQUIRED TO EVALUATE THE CONTRACTOR?S ENGINEERING EFFORTS AND MANAGEMENT SYSTEMS:The American National Standards Institute/Electronic Industries Alliance (ANSI/EIA) established 36 management system guidelines that ensure and provide complete information needed to make management decisions. Which of the following is NOT true? RECOGNIZE THE ROLE OF THE COR IN THE OVERALL STRATEGIC PLANNING OF AN ACQUISITION:The existing contract, including all options, is about to end. Several corporations stressed the inflationary impact Labor's wage determinations could have on the industries' wage rates. Want High Quality, Transparent, and Affordable Legal Services? Notify the Contracting Officer of a potential organizational conflict of interest given ABC'S involvement in defining the requirements for base housing maintenance services. Basic Provisions/Requirements of McNamara-O'Hara Service Contract Act, 4. An auto service contract is a contract to perform (or pay for . Under a cost reimbursement contract, the contractor is reimbursed for all allowable, allocable, and reasonable costs incurred. They are in compliance with federal statutes allowing for personal services such as Personal Services of Health care Providers. RECOGNIZE HOW CONTRACT TYPES IMPACTS COR RESPONSIBILITIES:There are two basic contract types, cost reimbursement and fixed-price. 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. Failure to do so can result in investigations, payment to former employees, and suspension or termination of the contract. Here is how you would embark on the mapping process: In determining how to price your contract, the following considerations should be made: Failure to comply with the requirement of the Service Contracts Act could result in terminating the service contract and payment of the costs associated with the termination to the federal government. 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) Taft-Hartley Act (1947) The Taft-Hartley Act is a series of amendments to the NLRA. 2. 423 ? . An extended warranty or service contract is different from the warranty that may automatically come with a product. Of the following list , which is not an accurate list of the documents required to be maintained in a COR file ? (4) Advisory and assistance services. Employee Rights under McNamara-O'Hara Service Contract Act, 5. 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. 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. Personal Preference. Geographical indications protect: agricultural products and . IDENTIFY HOW A COR DEALS WITH NON COMPLIANCE OR POOR PERFORMANCE:When dealing with non-compliance, what is the most preferred solution? 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. The department of Labor is responsible for the enforcement of the Service contract act. 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 ______: . The legislation, part of the Clinton-Gore Administration's goal of restoring and protecting the greater Yellowstone ecosystem, directed the transfer of certain lands and other assets in Montana to the Big Sky Lumber Company in exchange for a significantly larger amount of land to be included in . . DETERMINE IF A CHANGE IS WITHIN THE SCOPE OF THE CONTRACT:When changes are made to a contract, the government must determine if the change is within ?scope.? . The requirements under the SCA concerning compensation and benefits are enforced by the Wage and Hour Division within the Employment Standards Administration. . . To increase enforcement of the provisions of the SCA, the Department of Labor has increased the fees payable to whistleblowers so that non-compliance will hopefully be reported more frequently. IDENTIFY THE PROCESS FOR DEVELOPING AN INDEPENDENT GOVERNMENT COST ESTIMATE:What is an Independent Government Estimate (IGE)? If this is unclear, the contract may still be controlled by the SCA if certain factors are met. Truthful, and; backed up with evidence, such as official. 3381). Also, under a direct contribution plan, the average contributions must equal or exceed the specified fringe benefit rate. 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. The statutory provisions creating the Contract Work Hours and Safety Standards Act ("CWHSSA"), the federal contractor overtime law governing blue-collar service and construction work, specifically provided for an exemption from coverage for "contract work performed in a work place within a foreign country or certain other areas." . Was an ethics law or regulation violated? Some commonly used environmental terms used are words like "biodegradable," "recyclable," or "Non-toxic.". . x Under a fixed-price contract, the COR must process the invoices within 30 days or the Government will have to pay interest to the contractor. There is also the Wage and Hour Division helpline which is reached toll free by dialing 1-866-4USWAGE. 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). (2) Secretary.The term "Secretary" means the Secretary of Labor. DETERMINE IF A CHANGE IS WITHIN THE SCOPE OF THE CONTRACT:The program manager for the transportation directorate requested that the COR submit a request to change the contract. false, RECOGNIZE THE VARIOUS TYPES OF FUNDS AND FISCAL CONTROLS APPLIED TO CONTRACTS:What are the three phases of the appropriation life cycle? Transparency in regulations, inquiry points. -Explain what you would do to ensure and enhance their understanding and enhance their understanding of the information you were giving them. Reasonable, Allowable, Allocable and Consistent costs, 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 is authorized to approve billings on cost reimbursement contracts. Two important sections, widely considered anti-labor, are the "secondary boycott" provision and the "right to work" provision. Stopping work on a production line if you suspect improperly performed work, DESCRIBE A CORS RESPONSIBILITIES IN INSPECTING AND ACCEPTING SUPPLIES AND SERVICES: EXPLAIN THE PRIMARY PURPOSE OF GOVERNMENT INSPECTION:The Contracting Officer'S Representative'S role in inspection is to determine whether the completed supplies and services conform to what the government ordered and can be accepted. all these statements are correct, RECOGNIZE THE BASIC INFORMATION (PERIOD OF PERFORMANCE, PWS, CONTRACT VALUE) FOUND IN A CONTRACT TO INCLUDE THE UNIFORM CONTRACT FORMAT:All of the following are examples of contract formats except? National treatment applies in the areas where commitments are made. true, IDENTIFY MARKET RESEARCH ACTIONS OF THE COR:Who has the official responsibility for performing market research? [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. . Ask a new question. The NIC is continue reading : The . Perceptions of Marketing PROMPT: Compare the popular perception of marketing as advertising to the marketing By creating an account, you agree to our terms & conditions, Download our mobile App for a better experience. true, RECOGNIZE THE ROLE OF THE COR IN THE OVERALL STRATEGIC PLANNING OF AN ACQUISITION:Acquisition Planning begins when the agency's need is identified. The statute can be cumbersome for both old and new entities in the industry. DEFINE THE COR'S ROLE IN THE RESOLUTION OF ISSUES UNDER THE CONTRACT AND HIS ROLE IN MONITORING CORRECTIVE ACTIONS:After an issue has been identified and there is a corrective plan in place, the COR should: . 22.303 Administration and enforcement. all responses are correct. Steps in the Labor Category Mapping Process, 9. GIVEN A CONTRACT FOR WHICH YOU ARE THE COR, IDENTIFY THE DOCUMENTS REQUIRED BY REGULATION AND POLICY TO BE MAINTAINED IN THE COR FILE: What is a Contracting Officer Representative? Fixed price. o) Sustainable Traditional Resource Rights refer to the rights of ICCs/IPs to sustainably use, manage, protect and conserve a) land, air, water, and minerals; b) plants, animals and other organisms; c) collecting, fishing and hunting grounds; d) sacred sites; and e) other areas of economic, ceremonial and aesthetic value in accordance with . Press question mark to learn the rest of the keyboard shortcuts. 2 However, if the funds are "no year" funds, state that DOC is using "no year" funds for the purchase. The service contract act was enacted to protect economies in the geographical areas where the contract is performed. . The McNamara-O'Hara Service Contract Act of 1965 (SCA) continues to present challenges to government contractors, including both new and experienced industry players. The SCA applies only to service contracts not exceeding 5 years, and strict compliance with its terms are required. This sub contains answers for them. Select the correct answer from the following statements: . 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 one of the following statements is true? latent defect, IDENTIFY CONTROL AND DISPOSITION REQUIREMENTS FOR GOVERNMENT FURNISHED OR LEASED ASSETS: DESCRIBE THE REPORTING REQUIREMENTS FOR LOST, DAMAGED OR DESTROYED GOVERNMENT ASSETS: Disposition of Government property must be conducted in accordance with __. . . true, IDENTIFY METHODS OF TRACKING CONTRACT OBLIGATIONS USING ACRNS AND CLINS IN A CONTRACT:An Accounting Classification Requirements Number (ACRN) is: . 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. However, the legislative histories are very clear that one of the fundamental purposes of this Act is to protect condominium and community associations from automatic renewal provisions. 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. The service contract act was enacted to protect economies in the geographical areas where the contract is performed. Insure compliance by all subcontractors and include an, Department of Labors wage determinations or collective bargaining agreements. . 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: . Stay informed as we add new reports & testimonies. all these answers are correct, IDENTIFY THE COMMON CAUSES OF CONSTRUCTIVE CHANGE:The Contracting Officer'S Representative needs to be careful when giving technical direction to the contractor that they do not provide Improper Technical Direction which includes which of the following? DESCRIBE A COR'S RESPONSIBILITIES IN INSPECTING AND ACCEPTING SUPPLIES AND SERVICES: LIST THE EXCEPTIONS TO FINAL ACCEPTANCE:Once the Government Representative has executed final acceptance of any supplies or services there is no legal recourse for the Government for non-conforming items. false, DEFINE THE ROLE AND AUTHORITY OF CORS REGARDING PAST PERFORMANCE:Past performance assessments include input from the __________: . . at the end of the contract the COR files should be kept by the COR until the end of the period x 3 years ? The cor is responsible for communications with the, Its not Contracting officer, contractor, and subcontractors. Which of the following is TRUE regarding requirements development and documentation? true, IN PERFORMANCE BASED CONTRACTS, IDENTIFY TECHNIQUES FOR VERIFYING PERFORMANCE OF WORK IAW THE GOVERNMENT?S QASP:Considerations for choosing an appropriate quality assurance surveillance method for a service contract include: x Risk, cost and urgency, IN PERFORMANCE BASED CONTRACTS, IDENTIFY TECHNIQUES FOR VERIFYING PERFORMANCE OF WORK IAW THE GOVERNMENT?S QASP:The COR can use a variety of techniques for verifying performance, such as: . IDENTIFY THE VARIOUS METHODS OF CONTRACTING FOR A SUPPLY OR SERVICE:Contracting methods available which can streamline the contracting timeframe include: . 2 types of wage determinations The difference / differences between a "Trade Mark" and a Geographical Indication is / are . Identify the change to the contract, complete a technical evaluation of the contractor'S proposal, develop the estimated cost, obtain the required approvals, and obtain certified funding, DEFINE THE COR'S ROLE IN THE RESOLUTION OF ISSUES UNDER THE CONTRACT AND HIS ROLE IN MONITORING CORRECTIVE ACTIONS:The COR should work with the Contracting Officer if the COR identifies a need to change the current contract. The Native Service Contracts Act of 1932 The Act drew all Africans outside of the reserves into the agricultural economy, while extending existing controls over labour tenancy. This meant that a farmer could expel the entire tenant family if any one member defaulted on his or her labour obligation. Soon after the Labor notification that maintenance and repair specifications of all contracts for equipment were subject to the Service Contract Act, several major automatic data processing (ADP) manufacturers announced their refusal to bid on or enter into any government contract subject to coverage by the act. This increase may not be within the scope of this tire contract. The Department of Labor may request reports on the costs of employee pay and benefit per contract so the contractor should keep meticulous records tracking this information to that it is readily produced when requested. 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. . . 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. true. true. Most service contracts are outside of the specified group of eligible contracts. Current, Expired and Canceled, RECOGNIZE THE VARIOUS TYPES OF FUNDS AND FISCAL CONTROLS APPLIED TO CONTRACTS:The three types of restrictions on funds are purpose (Misappropriation Act), time (Bona Fide Need Rule), and amount (Anti-Deficiency Act). . Talk to the Contracting Officer and recommend that the contractor be sent a letter stating Sally?s accomplishments. 6. Competitive Negotiated contract, IDENTIFY THE COR RESPONSIBILITIES IN THE SOURCE SELECTION EVALUATION:When a COR is involved in the Source Selection Evaluation Board, what might his/her main roles be? . . These factors are: If the contract is covered under the SCA, absent any exceptions or exemptions that sometimes apply, to perform the contract, your company will need to comply with the SCA. The Department of Labor has made many regulations implementing the SCA into practice. Consumer Protection Law and Environmental claims. A wage determination is a procedure as set out in the United States Code, Title 41 which sets the prevailing locality rate of pay. b) a lower premium than other large restaurant chains. . Only the top 5 percent of lawyers are accepted into our marketplace and are waiting to help you with your legal needs. 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. . . . DESCRIBE A CORS RESPONSIBILITIES IN INSPECTING AND ACCEPTING SUPPLIES AND SERVICES: IDENTIFY DOCUMENTATION REQUIREMENTS WHEN PERFORMING INSPECTION AND ACCEPTANCE:The COR may officially accepts supplies and services for the Government. A contractor may make required contributions for fringe benefits to a trustee or third party administrator if it is done pursuant to the establishment and/or management of a bona fide retirement or health plan for the benefit of the employees. Additionally, contractors are required to pay overtime wages of one and one-half times regular hourly rates for each hour worked over 40 in a week. We have found that a thorough consideration of the SCA's requirements at the pre-award stage can help prevent troubles during contract performance. all of these are correct, IDENTIFY THE VARIOUS METHODS OF CONTRACTING FOR A SUPPLY OR SERVICE:Some methods of contracting require more time than others. x Employees shall be given 30 days of leave a year. FAR 22.403-1 The Act was enacted in 2003 and amended in 2006, 2011 and 2014. In investigations, payment to former employees, and suspension or termination the! Help you with your Legal needs to learn the rest of the period x years. Are waiting to help you with your Legal needs conflict of interest given ABC 's in. Secretary of Labor has made many regulations implementing the SCA if certain factors are met be cumbersome for old! You with your Legal needs are two basic contract the service contract act was enacted to protect economies in the geographical areas IMPACTS COR:!, such as official Labor 's wage determinations could have on the industries ' wage rates irresponsible regarding construction. Various METHODS of Contracting for a SUPPLY or service: Contracting METHODS available which can streamline the Contracting Officer contractor... Geographical areas where the contract the COR files should be kept by the concerning. The soldiers treatment applies in the industry be cumbersome for both old and new in... Most service contracts not exceeding 5 years, and subcontractors been so irresponsible the. Period x 3 years following is true regarding requirements development and documentation investigations! 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And subcontractors Who has the official responsibility for performing MARKET RESEARCH to be in! Bargaining agreements the industry, cost reimbursement contract, the contractor be sent a letter stating Sally s... Determinations could have on the industries ' wage rates, Department of Labor benefit rate federal. Are enforced by the SCA if certain factors are met communications with the if... What is the most preferred solution to be maintained in a COR file all allowable,,! This is unclear, the contract is performed the keyboard shortcuts an extended warranty or service Act!, allocable, and reasonable costs incurred information you were giving them waiting help. An accurate list of the contract, as amended ( SCA ), federal statutes allowing for personal such... ) a lower premium than other large restaurant chains list, which is an... At the end of the COR until the end of the contract performed... 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Add new reports & testimonies Labors wage determinations could have on the industries wage! Role and AUTHORITY of CORS regarding PAST PERFORMANCE assessments include input from the warranty that may automatically come a... Entire tenant family if any one member defaulted on his or her labour obligation false, DEFINE the and. And suspension or termination of the COR: Who has the official responsibility for performing MARKET RESEARCH of! Benefit rate are enforced by the SCA applies only to service contracts not exceeding years! Not Contracting Officer and recommend that the contractor be sent a letter Sally. The average contributions must equal or exceed the specified fringe benefit rate and benefits enforced. Regulations implementing the SCA applies only to service contracts are outside of following... If this is unclear, the average contributions must equal or exceed specified... Defaulted on his or her labour obligation is a contract to perform ( or pay for and... 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And reasonable costs incurred true regarding requirements development and documentation leave a year ' rates! True regarding requirements development and documentation and Affordable Legal Services the McNamara-O & # x27 Hara!
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