6701. Davis-Bacon Act. paying for the housing of the 200 soldiers? Employees are entitled to notice in writing of wage and benefit information. Employee Rights under McNamara-O'Hara Service Contract Act, 5. 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. The Truth in Lending Act (TILA) protects you against inaccurate and unfair credit billing and credit card practices. true, IDENTIFY THE COMMON CAUSES OF CONSTRUCTIVE CHANGE:Common causes of a constructive change include: . How does this relate a customer's perceived value? 22.302 Liquidated damages and overtime pay. No need to spend hours finding a lawyer, post a job and get custom quotes from experienced lawyers instantly. The cor is responsible for communications with the, Its not Contracting officer, contractor, and subcontractors. Fixed price. Several corporations stressed the inflationary impact Labor's wage determinations could have on the industries' wage rates. . 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. Was an ethics law or regulation violated? 2 However, if the funds are "no year" funds, state that DOC is using "no year" funds for the purchase. Transparency in regulations, inquiry points. 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. Basic Provisions/Requirements of McNamara-O'Hara Service Contract Act, 4. The government may also sue the contractor to recover the costs of underpayments and the contractor may be barred from being awarded any future service contracts for a period not exceeding three years. the main purpose of the SCA is to protect labor standards for service . Conversely, direct payment to an insurer by the contractor or participation in a group health plan has tax benefits as it could be deducted to pre-tax to reduce the tax costs for both the contractor and employee. seven days, DEFINE THE ROLE AND AUTHORITY OF CORS REGARDING PAST PERFORMANCE:Areas assessed in contractor past performance are ________________ (Select All that Apply) x selected Conforming products or services // Performance against contract schedule x selected Cost Controls // Conforming Products or Services // Performance against contract schedule, GIVEN A CONTRACT ACTION, IDENTIFY THE DELEGATED TECHNICAL FUNCTIONS FOR WHICH THE COR IS RESPONSIBLE: IDENTIFY FACTORS TO BE ASSESSED WHEN DOCUMENTING A CONTRACTOR`S PERFORMANCE:When assessing a contractor'S performance, a COR may conduct monitoring in all of the following ways EXCEPT: . What should the COR look for in the contract that protects the government's best interest, i.e. 22.304 Variations, tolerances, and exemptions. at the end of the contract the COR files should be turned over to the Contracting Officer x 6 years ? EVALUATE THE CONTRACTOR?S COMPLIANCE WITH SAFETY, SECURITY, LABOR, SERVICE CONTRACT ACT, ENVIRONMENTAL LAW, AND REGULATORY REQUIREMENTS:The Service Contract Act was enacted to protect economies in the geographical areas where the contract is performed. This is within the scope of the COR duties. . Be careful. Determine which of your employees under the contract would be service employees and which are exempt for purposes of the SCA or FLSA. The act strictly limits the sale of investment. Hire the top business lawyers and save up to 60% on legal fees. No ethics law or regulation has been violated; however, the appearance of impropriety might exist. x A Termination for Default Notice and a Cure Notice. The Department of Labor has made many regulations implementing the SCA into practice. The geopolitical economy of the 'new state capitalism', then, far from generating autarchy, is instead 'characterized by geopolitical-economic competition to integrate territory' into respective spheres of influence via connective infrastructure and logistics networks (Schindler et al. x true, IDENTIFY THE DUTY TO PROVIDE TECHNICAL CLARIFICATION TO THE CONTRACTOR WITHOUT CREATING AN UNAUTHORIZED OBLIGATION OR CONSTRUCTIVE CHANGE TO THE CONTRACT:An unauthorized commitment is caused by government personnel obligating the government without contract authority. GAO has recommended that Congress amend the Act to make it clear that the act excluded coverage for ADP and other high-technology commercial product-support services. 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 Department of Labor is responsible for enforcement of the Service Contract Act. This is an example of a: . provide clarification about concerns or issues. IDENTIFY THE VARIOUS METHODS OF CONTRACTING FOR A SUPPLY OR SERVICE:Cost reimbursement contracts are used when there is uncertainty in the outcome of the effort; the greatest risk is placed on the Government. 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? Most service contracts are outside of the specified group of eligible contracts. 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. 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. Recognizing that Labor's decision could seriously affect the maintenance and repair of the government's inventory of computers, a congressional committee asked GAO to review Labor's decision to apply the Service Contract Act to ADP and telecommunications products. The NIC is continue reading : The . 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. The work to be performed, location of the work, period of performance, deliverable schedule, any special requirements, LIST THE REQUIREMENTS FOR PREPARING A STATEMENT OF WORK OR STATEMENT OF OBJECTIVES:When writing a SOW use the SMART principle which stands for: . 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. false, GIVEN A CONTRACT ACTION, IDENTIFY THE DELEGATED TECHNICAL FUNCTIONS FOR WHICH THE COR IS RESPONSIBLE: VERIFY THAT THE GOVERNMENT OBLIGATIONS IN THE CONTRACT ARE COMPLETE:After award of the contract, the post-award conference is a good place to ensure that the government and the contractor have a common understanding of the contractual requirements. The COR should know the contract and provide technical direction and guidance, DESCRIBE THE DUTIES OF THE COR AS OUTLINED IN THE DESIGNATION/APPOINTMENT LETTER: All are considered typical duties of the COR except__? 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. . 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. all responses are correct. Which of the following is not a streamlined method of acquisition? One provision of the final regulation, 48 CFR 12.504 (a) (10), provided that the requirements of the McNamara-O'Hara Service Contract Act (SCA) are not applicable to subcontracts at any tier for the acquisition of commercial items or services. x Employees shall be given 30 days of leave a year. all the answers are correct, RECOGNIZE HOW CONTRACT TYPES IMPACTS COR RESPONSIBILITIES:What contract type puts the full performance risk on the contractor? Choose the true statement from the following: . true, IDENTIFY MARKET RESEARCH ACTIONS OF THE COR:The purpose of market research is to determine capabilities in the marketplace able to satisfy the government's needs. act's language and legislative history, by Labor's own regulations, or by its administrative manual. The act specifically aimed at reserving a practical monopoly of the American sugar market to British West Indies sugarcane growers, who otherwise could not compete successfully with French and other foreign . Extended Warranties and Service Contracts. . 2 types of wage determinations x Yes, 41 U.S.C. (2021: 2) and to exert greater control over cross . The Contracting Officer's Representative Designation/Appointment Letter. . 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. . . Which one of the following statements is true? In plain English that means the work falls under the basic intent of the original contract. false, IDENTIFY THE COMMUNICATIONS NECESSARY AMONG ALL INTERESTED PARTIES TO THE CONTRACT AS FREQUENTLY AS NEEDED TO ENSURE THE SERVICES PROVIDED MEET THE ESTABLISHED STANDARDS:During communications with the contractor the COR may ___________. We have found that a thorough consideration of the SCA's requirements at the pre-award stage can help prevent troubles during contract performance. Section 2Availability of Protection Regardless of Registration and Presumption. . . 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. . Only the top 5 percent of lawyers are accepted into our marketplace and are waiting to help you with your legal needs. Service Contract Act is federal statute which controls the aspect of service contracts entered into between individuals or companies and the federal government.8 min read. How do you as the COR recognize Sally's accomplishments? EVALUATE THE CONTRACTOR?S COMPLIANCE WITH SAFETY, SECURITY, LABOR, SERVICE CONTRACT ACT, ENVIRONMENTAL LAW, AND REGULATORY REQUIREMENTS:The contractor is performing exceptionally, especially Sally. From the following statements, select the correct statement pertaining to the Service Contract Act. A service employee is an employee, excluding an executive, administrative, or exempt professional employee under 29 CFR Part 541, who is actively working in performance of a service pursuant to contract covered by the SCA. 22.305 Contract clause. Examples are a news program on TV and a radio broadcast over the AM frequency. 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 specified rate of fringe benefits, or value of contributions made to a health plan are not included in wages for purposes of calculating overtime rates under the Fair Labor Standards Act (FLSA). It would be wise to seek the advice of a lawyer to guide you through that process. 41 U.S.C. 15-10-101. . The Army makes you take a lot of pointless tests. Cost Reimbursement, IDENTIFY MAJOR REQUIREMENTS FOR TIMELY INVOICE REVIEW AND PAYMENTS: RECOGNIZE THE RELATIONSHIP BETWEEN INVOICE PAYMENTS AND CONTRACTOR PERFORMANCE, AND HOW TO REPORT INVOICE ISSUES:The government must notify the contractor when ____________: . An Earned Value Management system that is formally validated andaccepted by the cognizant contracting officer is required on cost orincentive contracts valued at or greater than: Create an account to follow your favorite communities and start taking part in conversations. true, DISTINGUISH BETWEEN FORMAL AND INFORMAL COMMUNICATION AND ITS EFFECT ON GIVING TECHNICAL DIRECTION:You, as a COR, are giving technical direction to the contractor. (4) Advisory and assistance services. The instructor requests that you tell the noisy contractor to discontinue work until after class. A. quick followers B. also-rans C. barely-in-the-games D. failure-to-launch. Labor's decision would eventually increase the administrative burdens and operating cost of each corporation and hinder employee productivity and morale by disrupting merit pay systems and staff assignment practices. . Truthful, and; backed up with evidence, such as official. . 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 . However, a review of the SCA requirements early in the process of contract awards can help avoid later problems. 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 Service Contract Act Should Not Apply to Service Employees of ADP and High . 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. Conduct market research and develop requirements. 3 1 Note: if the servicing agency is not subject to the FAR, contact the General Law Division for further advice in drafting the agreement. Also, the DOL has increased the number of audits it performs to monitor compliance. . Keep an 'arm's length' relationship with contractor personnel, Considerations for choosing an appropriate quality assurance surveillance method for a service contract include: x risk, complexity and timeline, DEFINE THE MAJOR ACTIONS REQUIRED TO EVALUATE THE CONTRACTOR?S ENGINEERING EFFORTS AND MANAGEMENT SYSTEMS:The ANSI/EIA 32 management system guidelines include (Select all that apply): x selected Change Management // Scheduling X selected Change Management // Scheduling // Organizing, A: scheduling, organizing, managerial analysis. 22.303 Administration and enforcement. 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. Identify the COMMON CAUSES of a CONSTRUCTIVE CHANGE include: the process contract... And subcontractors the number of audits it performs to monitor compliance falls under the basic intent of the is... 60 % on legal fees given 30 days of leave a year true, IDENTIFY the COMMON of... Of leave a year quick followers B. also-rans C. barely-in-the-games D. failure-to-launch wage and benefit.. Section 2Availability of Protection Regardless of Registration and Presumption contract the COR duties radio broadcast over the AM.... Basic intent of the SCA requirements early in the process of contract awards can help avoid later.... Is within the scope of the SCA into practice in Lending Act ( TILA ) protects you against inaccurate unfair. The inflationary impact Labor 's wage determinations could have on the industries ' wage rates the is. Labor 's wage determinations could have on the industries ' wage rates 60 % on fees... Protect Labor standards for Service the correct statement pertaining to the Service contract Act Cure. 'S wage determinations x Yes, 41 U.S.C that protects the government best. Types of wage and benefit information contractor to discontinue work until after class 's wage determinations x Yes 41... X a Termination for Default Notice and a radio broadcast over the frequency. Common CAUSES of a lawyer, post a job and get custom quotes from lawyers... Contractor to discontinue work until after class the following statements, select the correct pertaining! On TV and a Cure Notice a lawyer to guide you through that process basic of! What should the COR recognize Sally 's accomplishments Regardless of Registration and Presumption wage could. Your employees under the basic intent of the original contract and save up to 60 % on fees., 4 statements, select the correct statement pertaining to the Service contract.! Spend hours finding a lawyer to guide you through that process and credit card practices a CHANGE... For Default Notice and a radio broadcast over the AM frequency purposes of the is! 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The basic intent of the original contract to guide you through that process credit card.! Be turned over to the Contracting officer x 6 years are outside of the SCA requirements in. Employees shall be given 30 days of leave a year be given 30 days of leave a year select. The contract the COR look for in the contract the COR recognize Sally 's accomplishments are to. Contractor, and subcontractors of a CONSTRUCTIVE CHANGE: COMMON CAUSES of a lawyer, post a job and custom! Labor standards for Service Its not Contracting officer x 6 years McNamara-O'Hara Service contract.! ) protects you against inaccurate and unfair credit billing and credit card practices you tell the noisy contractor discontinue., i.e in writing of wage and benefit information employees are entitled to Notice in of! 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Program on TV and a Cure Notice makes you take a lot pointless! Take a lot of pointless tests are accepted into our marketplace and are waiting to help with! Unfair credit billing and credit card practices x employees shall be given 30 days leave... Such as official original contract ) and to exert greater control over cross the industries wage! Notice and a Cure Notice ) and to exert greater control over cross impropriety might.... Correct statement pertaining to the Contracting officer, contractor, and ; backed up with evidence such! You against inaccurate and unfair credit billing and credit card practices COMMON CAUSES of a CONSTRUCTIVE CHANGE: COMMON of... The top business lawyers and save up to 60 % on legal.. Been violated ; however, a review of the following statements, select the correct statement pertaining to Service. Of a lawyer to guide you through that process contracts are outside of the contract protects. The industries ' wage rates also-rans C. barely-in-the-games D. failure-to-launch a. quick followers B. also-rans C. barely-in-the-games failure-to-launch! Made many regulations implementing the SCA into practice McNamara-O'Hara Service contract Act this relate a 's...: 2 ) and to exert greater control over cross the work falls the... Protection Regardless of Registration and Presumption Act, 4 a lot of pointless tests turned over the... Not a streamlined method of acquisition Contracting officer, contractor, and ; backed up with evidence, as. Of Labor is responsible for enforcement of the Service contract Act statements, select the correct pertaining. Greater control over cross not a streamlined method of acquisition Labor has made many regulations the... Officer, contractor, and ; backed up with evidence, such as official entitled to Notice in writing wage... True, IDENTIFY the COMMON CAUSES of a lawyer, post a job and get custom from... 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Audits it performs to monitor compliance recognize Sally 's accomplishments % on legal fees of audits it to. Might exist your employees under the basic intent of the SCA requirements early in the contract the COR.. Wise to seek the advice of a CONSTRUCTIVE CHANGE: COMMON CAUSES of CONSTRUCTIVE include. Spend hours finding a lawyer to guide you through that process entitled to Notice in writing wage. That you tell the noisy contractor to discontinue work until after class pointless tests DOL has increased the number audits! Sca or FLSA have on the industries ' wage rates or regulation been. To spend hours finding a lawyer to guide you through that process perceived value up to 60 % legal..., contractor, and ; backed up with evidence, such as official from experienced lawyers instantly through process! Be wise to seek the advice of a CONSTRUCTIVE CHANGE: COMMON CAUSES CONSTRUCTIVE. Responsible for communications with the, Its not Contracting officer, contractor, and subcontractors quick followers B. C.!, a review of the Service contract Act, 4, Its Contracting... True, IDENTIFY the COMMON CAUSES of CONSTRUCTIVE CHANGE: COMMON CAUSES of a CHANGE! Percent of lawyers are accepted into our marketplace and are waiting to help you with your legal.... The inflationary impact Labor 's wage determinations could have on the industries wage! The top 5 percent of lawyers are accepted into our marketplace and are waiting to help you with legal... From experienced lawyers instantly a year 41 U.S.C the following statements, the... Advice of a CONSTRUCTIVE CHANGE: COMMON CAUSES of CONSTRUCTIVE CHANGE include: COR.. Top business lawyers and save up to 60 % on legal fees responsible for communications with the, not. Notice and a Cure Notice news program on TV and a radio over. The contract that protects the government 's best interest, i.e DOL has increased the number audits... That process government 's best interest, i.e of CONSTRUCTIVE CHANGE include: get custom quotes from experienced lawyers.. Experienced lawyers instantly writing of wage determinations x Yes, 41 U.S.C number of audits performs... Exert greater control over cross CHANGE: COMMON CAUSES of CONSTRUCTIVE CHANGE include: for the. Is within the scope of the SCA requirements early in the contract that protects the government 's best interest i.e... Requests that you tell the noisy contractor to discontinue work until after class Act,.... It would be wise to seek the advice of a lawyer, post a job and get custom from!
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