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Content Last Revised: 10/27/83
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CFR  

Code of Federal Regulations Pertaining to ESA

Title 29  

Labor

 

Chapter I  

Office of the Secretary of Labor

 

 

Part 4  

Labor Standards for Federal Service Contracts

 

 

 

Subpart C  

Application of the McNamara-O'Hara Service Contract Act


29 CFR 4.110 - What contracts are covered.

  • Section Number: 4.110
  • Section Name: What contracts are covered.

    The Act covers service contracts of the Federal agencies described 
in Secs. 4.107-4.108. Except as otherwise specifically provided (see 
Secs. 4.115 et seq.), all such contracts, the principal purpose of which 
is to furnish services in the United States through the use of service 
employees, are subject to its terms. This is true of contracts entered 
into by such agencies with States or their political subdivisions, as 
well as such contracts entered into with private employers. Contracts 
between a Federal or District of Columbia agency and another such agency 
are not within the purview of the Act; however, ``subcontracts'' awarded 
under ``prime contracts'' between the Small Business Administration and 
another Federal agency pursuant to various preferential set-aside 
programs, such as the 8(a) program, are covered by the Act. It makes no 
difference in the coverage of a contract whether the contract services 
are procured through negotiation or through advertising for bids. Also, 
the mere fact that an agreement is not reduced to writing does not mean 
that the contract is not within the coverage of the Act. The amount of 
the contract is not determinative of the Act's coverage, although the 
requirements are different for contracts in excess of $2,500 and for 
contracts of a lesser amount. The Act is applicable to the contract if 
the principal purpose of the contract is to furnish services, if such 
services are to be furnished in the United States, and if service 
employees will be used in providing such services. These elements of 
coverage will be discussed separately in the following sections.
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