As used in this part, unless otherwise indicated by the context--
(a) Act, Service Contract Act, McNamara-O'Hara Act, or Service
Contract Act of 1965 shall mean the Service Contract Act of 1965 as
amended by Public Law 92-473, 86 Stat. 789, effective October 9, 1972,
Public Law 93-57, 87 Stat. 140, effective July 6, 1973, and Public Law
94-489, 90 Stat. 2358, effective October 13, 1976 and any subsequent
amendments thereto.
(b) Secretary includes the Secretary of Labor, the Assistant
Secretary for Employment Standards, and their authorized
representatives.
(c) Wage and Hour Division means the organizational unit in the
Employment Standards Administration of the Department of Labor to which
is assigned the performance of functions of the Secretary under the
Service Contract Act of 1965, as amended.
(d) Administrator means the Administrator of the Wage and Hour
Division, or authorized representative.
(e) Contract includes any contract subject wholly or in part to the
provisions of the Service Contract Act of 1965 as amended, and any
subcontract of any tier thereunder. (See Secs. 4.10-4.134.)
(f) Contractor includes a subcontractor whose subcontract is subject
to provisions of the Act. Also, the term employer means, and is used
interchangeably with, the terms contractor
and subcontractor in various sections in this part. The U.S. Government,
its agencies, and instrumentalities are not contractors, subcontractors,
employers or joint employers for purposes of compliance with the
provisions of the Act.
(g) Affiliate or affiliated person includes a spouse, child, parent,
or other close relative of the contractor or subcontractor; a partner or
officer of the contractor or subcontractor; a corporation closely
connected with a contractor or subcontractor as a parent, subsidiary, or
otherwise; and an officer or agent of such corporation. An affiliation
is also deemed to exist where, directly or indirectly, one business
concern or individual controls or has the power to control the other or
where a third party controls or has the power to control both.
(h) Wage determination includes any determination of minimum wage
rates or fringe benefits made pursuant to the provisions of sections
2(a) and/or 4(c) of the Act for application to the employment in a
locality of any class or classes of service employees in the
performance of any contract in excess of $2,500 which is subject to the
provisions of the Service Contract Act of 1965. A wage determination is
effective upon its publication on the WDOL Web site or when a Federal
agency receives a response from the Department of Labor to an e98.
(i) Wage Determinations OnLine (WDOL) means the Government Internet
Web site for both Davis-Bacon Act and Service Contract Act wage
determinations available at http://www.wdol.gov. In addition, WDOL
provides compliance assistance information and a link to submit an e98
or any electronic means the Department of Labor may approve for this
purpose. The term will also apply to any other Internet Web site or
electronic means that the Department of Labor may approve for these
purposes.
(j) The e98 means a Department of Labor approved electronic
application (http://www.wdol.gov), whereby a contracting officer
submits pertinent information to the Department of Labor and requests a
wage determination directly from the Wage and Hour Division. The term
will also apply to any other process or system the Department of Labor
may establish for this purpose.
