U.S. DEPARTMENT OF LABOR EMPLOYMENT STANDARDS ADMINISTRATION Wage and Hour Division WASHINGTON, D.C. 20210 November 30, 1976 MEMORANDUM NO. 127 TO: All Government Contracting Agencies of the Federal Government and the District of Columbia SUBJECT: Service Contract Act Amendments of 1976 (PL 94-489) The President has signed amendments to the Service Contract Act, effective on October 13, 1976. These amendments were enacted for the purpose of clarifying Congressional intent that the term "service employee" as defined in section 8(b) of the Act encompasses all persons engaged in the performance of a contract entered into by the United States, the principal purpose of which is the fur- nishing of services, other than those individuals employed in a bona fide executive, administrative, or professional capacity as those terms are defined and delimited in Title 29, Code of Federal Regulations, Part 541. Thus, Congress has made it clear that both so-called "white collar" and "blue collar" workers are subject to the Act and that Federal service contracts utilizing white collar workers (such as clerical, computer, technical, and most engineering contracts) are subject to the Act. The other major amendment requires the Department of Labor to give "due consideration" to Federal "white collar" (GS) wage rates and fringe benefits in issuing prevailing wage determinations under the Act. Additional instructions affecting the preparation and submission of SF-98s (Notice of Intention to Make a Service Contract) will be issued shortly. A copy of the amendments is attached. Ray J. Dolan Assistant Administrator GRAPHIC “PUBLIC LAW 94-489-OCT. 13, 1976”