(a) The provisions of the Act (see Secs. 4.102-4.103) were amended,
effective October 9, 1972, by Public Law 92-473, signed into law by the
President on that date. By virtue of amendments made to paragraphs (1)
and (2) of section 2(a) and the addition to section 4 of a new
subsection (c), the compensation standards of the Act (see Secs. 4.159-
4.179) were revised to impose on successor contractors certain
requirements (see Sec. 4.1b) with respect to payment of wage rates and
fringe benefits based on those agreed upon for substantially the same
services in the same locality in collective bargaining agreements
entered into by their predecessor contractors (unless such agreed
compensation is substantially at variance with that locally prevailing
or the agreement was not negotiated at arm's length). The Secretary of
Labor is to give effect to the provisions of such collective bargaining
agreements in his wage determinations under section 2 of the Act. A new
paragraph (5) added to section 2(a) of the Act requires a statement in
the government service contract of the rates that would be paid by the
contracting agency in the event of its direct employment of those
classes of service employees to be employed on the contract work who, if
directly employed by the agency, would receive wages determined as
provided in 5 U.S.C. 5341. The Secretary of Labor is directed to give
due consideration to such rates in determining prevailing monetary wages
and fringe benefits under the Act's provisions. Other provisions of the
1972 amendments include the addition of a new section 10 to the Act to
insure that wage determinations are issued by the Secretary for
substantially all service contracts subject to section 2(a) of the Act
at the earliest administratively feasible time; an amendment to section
4(b) of the Act to provide, in addition to the conditions previously
specified for issuance of administrative limitations, variations,
tolerances, and exemptions (see Sec. 4.123), that administrative action
in this regard shall be taken only in special circumstances where the
Secretary determines that it is in accord with the remedial purpose of
the Act to protect prevailing labor standards; and a new subsection (d)
added to section 4 of the Act providing for the award of service
contracts for terms not more than 5 years with provision for periodic
adjustment of minimum wage rates and fringe benefits payable thereunder
by the issuance of wage determinations by
the Secretary of Labor during the term of the contract. A further
amendment to section 5(a) of the Act requires the names of contractors
found to have violated the Act to be submitted for the debarment list
(see Sec. 4.188) not later than 90 days after the hearing examiner's
finding of violation unless the Secretary recommends relief, and
provides that such recommendations shall be made only because of unusual
circumstances.
(b) The provisions of the Act were amended by Public Law 93-57, 87
Stat. 140, effective July 6, 1973, to extend the Act's coverage to
Canton Island.
(c) The provisions of the Act were amended by Public Law 94-489, 90
Stat. 2358, approved October 13, 1976, to extend the Act's coverage to
white collar workers. Accordingly, the minimum wage protection of the
Act now extends to all workers, both blue collar and white collar, other
than persons employed in a bona fide executive, administrative, or
professional capacity as those terms are used in the Fair Labor
Standards Act and in part 541 of title 29. Public Law 94-489
accomplished this change by adding to section 2(a)(5) of the Act a
reference to 5 U.S.C. 5332, which deals with white collar workers, and
by amending the definition of service contract employee in section 8(b)
of the Act.
(d) Included in this part 4 and in parts 6 and 8 of this subtitle
are provisions to give effect to the amendments mentioned in this
section.
