Bring any seminar or course directly to your staff through the Federal Publications’ In-House Presentations Program.
A special two-day program for contract managers, personnel professionals, legal counsel, project managers, financial personnel, and compliance officials covering:
- The applicable labor requirements - from wage rates and fringe benefits to health plans and overtime issues.
- When they are applied.
- How they are enforced.
- Efficiently incorporating them into your contract activities.
Government contracting is tough enough without labor problems on your home ground. Even so, contractors who perform a wide range of services for the Government must comply with a sweeping range of special labor requirements. Chief among these labor requirements are those contained in the Service Contract Act provisions continually presenting contractors with a large number of difficult questions and problem areas, and ones that are being more aggressively reviewed and enforced by the Government than ever before-with increasingly severe penalties.
This special two-day program will teach you what the Service Contract Act's labor requirements are, when they are applicable, and how to efficiently incorporate them into your daily contracting activities. The special Course Curriculum has been designed to offer maximum benefits to personnel professionals, contract managers, legal counsel, project managers, and others who are involved with a contract's labor requirements. Further, the course offers practical guidance on your rights, options and remedies.
Included in the program are analyses of:
- When the Act applies.
- The Act's coverage; exemptions to the provisions.
- Wage determination procedures; prevailing labor rate issues.
- Determining prevailing fringe benefits.
- Measuring health and safety benefits; compliance with the requirements; the problem of self?insured benefit plans.
- Applications to subcontracts.
- Special problems of off-site contracts.
- Multi year contracts and contracts with options.
- The effect of change orders and wage escalations.
- The Successor Contractor rule.
- Debarment absent "unusual circumstances" rule.
- Applicable overtime compensation laws.
- Special overtime problems.
- Interrelationship of the Service Contract Act with other labor laws.
Dates and Locations
April 26-27, 2017
Las Vegas, NV, Nevada
September 7-8, 2017
American Management Association
9:00 AM - 4:00 PM
9:00 AM - 4:00 PM
1. Introduction to the Service Contract Act
a. Prevailing Wages and Labor Rates
b. Bona Fide Fringe Benefits
c. Administrative and Recordkeeping Requirements
d. Relationship to Other Federal and State Wage and Hour Laws
d. Contracts Not "Primarily for Services"
e. Construction Contracts
f. Supply Contracts
g. "Remanufacturing" Contracts
h. Transportation, Communication, Direct Employment and Postal Station Contracts
i. ADP and High Technology Equipment Maintenance Contract
j. Office/Business Machines Repair Contracts
3. Coverage of The Act
a. Definition of Service Employees
c. State and Municipal Employees
d. Indefinite Quantity Contracts
e. Part-Time Employees
f. Geographical Coverage
g. Mixed Supply and Service Contracts
4. Wage Determination (WD) Procedures
a. Contents of a WD
b. Requesting a WD
c. Conforming Wage Rates
d. WD Received Before Bid Opening
e. WD After Bid Opening
f. WD After Date for Receipt of Proposals
g. Multi-Region and Nationwide WDs
h. "Due Consideration" of Wage Board Rates
i. FAR Procedures Where Place of Performance Uncertain
j. Administrative Review by Wage and Hour Administrator
k. Review by Board of Service Contract Appeals
5. Determining Fringe Benefits
a. Types of Acceptable Fringes
b. Focus on Vacation Benefits
c. Hourly Health and Welfare Benefits
d. Average Health & Welfare Benefits
e. Self-Insurance Programs
6. Application of the Service Contract Act
a. Without a Contract Provision
b. Without a Wage Determination
c. Application and Preemption of State Wage and Hour Laws
7. Change Orders and Escalation
a. SCA Pricing of Adjustment Claims
b. ASBCA and Claims Court Interpretations
c. Effect of FLSA Increases in Minimum Wages
8. The Successor Contractor Rule
a. In General
b. Defining the Locality
c. "Successor Contractor" Defined
d. Benefits Covered
9. Monetary Penalties for Violation
a. Back Pay Liability
b. Withholding of Contract Funds
c. Judicial Review
d. Private Right of Action for Retaliatory Discharge
e. Priority of Unpaid Workers to Contract Funds
f. Statute of Limitations
g. Contract Cancellation
10. Three Year Debarment Penalty
a. "Unusual Circumstances" Defined
b. Debarment Procedures
c. Administrative and Judicial Review
d. "Substantial Interest" Defined
11. Overtime Compensation Issues
a. Fair Labor Standards Act (FLSA) for White Collar Workers
b. Contract Work Hours Safety Standards Act (CWHSSA) and Liquidated Damages for Blue Collar Workers
c. Determining Working Time
d. Calculating Regular Rate and Overtime
f. Belo Plans
g. Compensatory Time and Time Off
12. Special Overtime Problems
a. Wage Busting of Professional Employees-OMB Policy Letter 78-2
b. Uncompensated Overtime
13. DOL Audits
a. Current enforcement environment
b. Audit procedures and results
c. Potential Penalties
d. Common compliance pitfalls
14. Interplay with GSA/VA Schedule contracts
a. Contract requirements
b. Compliance challenges
15. Compliance programs and systems
a. Compliance responsibilities within an organization
b. Affected business processes
c. Methods for compliance
d. Tools and systems
Aaron Raddock is a Director in BDO’s Government Contracts & Advisory Services group and leads the labor law compliance practice. He has more than ten years of consulting experience working with government contractors in virtually every industry. Aaron provides government contractors and recipients of federal funds with accounting, compliance, audit and litigation support covering almost all phases of the contract life cycle. His specific experience includes performing compliance assessments, detailed back pay calculations, compliance program implementations and training related to the Service Contract Act and the Davis-Bacon Act. Aaron also regularly assists SCA and DBA-covered contractors in pricing requests for equitable adjustment, navigating DOL audits, supporting government disclosures, and providing expert testimony. In addition to his focus on labor law compliance, Aaron’s experience includes helping contractors with cost accounting and business system compliance associated with FAR/CAS, GSA and VA Schedule pricing analyses for proposals, option renewals and mandatory disclosures, as well as various types of investigations, claims and disputes. Aaron has published a number of articles and regularly speaks on a variety of government contracting compliance issues including labor law compliance. He has written and spoken on the SCA, DBA, Federal Minimum Wage, Fair Pay & Safe Workplaces, the Sick Leave Executive Order and more.
Daniel B. Abrahams
Mr. Abrahams is a Partner in the Government Contracts and Wage and Hour Group of Brown Rudnick LLP. Mr. Abrahams counsels clients in matters related to government contracts, wage and hour, and federal employee health care law. Mr. Abrahams represents clients in federal and state courts and in arbitrations, as well as before various boards of contract appeals. His experience includes collective and class actions, bid protests, contract claims, wage and hour audits, and compliance counseling.
Mr. Abrahams' reported wage & hour and government contracts cases include:
Matter of S4, Inc., Comp Gen. Dec. B-299817 (GAO 8/23/07)
Mr. Abrahams is co-author of six books: Government Contracts Compliance Guide; Public Official's Guide to e-Government; Fair Labor Standards Handbook for State, Local Governments and Schools; Employer's Guide to the Fair Labor Standards Act; FLSA Employer Exemption Handbook; and Public Employer's Guide to Payroll Administration.
Rome Research Corporation v. USA, case no. 1:06-cv-377 (Ct. Cl. 2007)
VT Griffin Services, Inc. v. Field Support Services, Inc., case no. AW-06-3387 (S.D. MD 2007)
Matter of James C. Trump, Comp. Gen. Dec. B-299370, (GAO 2/20/07)
Lear Siegler Services, Inc. v. Rumsfeld, 457 F.3d 1262 (Fed Cir. 2006)
Davis v. Lenox Hill Hosp., 204 WL 1926086 & 1926087 (S.D.N.Y. 2004)
FC Business Systems, Inc., Comp Gen Dec. B-278730, (GAO 3/6/98)
Custom Printing Company, Comp. Gen Dec. 275798.3 (GAO 7/9/97)
Digital Equipment Corp. v. GSA, GSBCA No. 12891 (GSBCA 7/28/94)
Communications Technology Applications, Inc., ASBCA No. 4173 (ASBCA 6/25/92)
Communications Technology Applications, Inc., GSBCA No. 10172-C and 9978-P (GSBCA 8/6/90)
- Co-author of Briefing Papers entitled The Service Contract Act and The Davis-Bacon Act.
- Co-author of articles “Doing Business With the Federal Government” and “Doing Business With the State of Maryland” for the ABA's Complete Lawyer Magazine and the Maryland Bar Journal.
- Co-author of Thompson’s HR Employment Forms, an on-line publication.
- Former adjunct assistant professor at The George Washington University Law School, where he co-taught a course in the combined Labor/Government Contracts LLM Program entitled Federal Labor Standards.
- Lectured widely on government contracts, construction and labor standards topics for private groups, Federal Publications Inc., the Educational Services Institute, and the George Washington University Government Contracts Program.
- Co-taught seminars entitled The Labor Requirements of the Service Contract Act; The Davis-Bacon Act; The Fair Labor Standards Act; Calculating Loss of Efficiency Claims; and Contracting for Services.
BAR ADMISSIONS & MEMBERSHIPS
Admitted, District of Columbia and Maryland Bars
Admitted, US Court of Appeals for the Federal Circuit and US Court of Federal Claims
Admitted to various US District Courts and Court of Appeals pro hac
Member, American Bar Association, Labor and Employment and Government Contracts Sections; Co-Chairman, ABA Labor and Safety Subcommittee
Member, District of Columbia Bar Association
Member, Maryland Bar Association
Mr. Katz is a member of the Government Contracts Group.
Mr. Katz practices in the areas of commercial and government procurement law and litigation, wage and hour law and construction law. Mr. Katz has significant experience in preparing, negotiating and litigating contract claims and bid protests, as well as advising clients on contract compliance, small business, subcontracting and data rights issues under government contracts. He has successfully litigated before federal, state and local courts and the Government Accountability Office and Boards of Contract Appeals.
In addition, Mr. Katz represents clients in connection with minimum wage, working time and overtime issues under the Federal Fair Labor Standards Act, Service Contract Act, Davis-Bacon Act and state wage payment and prevailing wage laws. This includes conducting proactive wage-hour audits for employers as well as litigation minimum wage, overtime and wage payment claims.
Tim Helm is a Director in BDO’s Government Contractor Advisory Services practice. He is recognized as a leading expert in all matters pertaining to the Service Contract Act (SCA), the Davis-Bacon Act (DBA), and other prevailing wage laws. Tim began his career with the Department of Labor’s Wage and Hour Division (WHD) as an investigator in the Philadelphia, Pennsylvania district office. In 1989, he was transferred to WHD’s national office where he served as the Director of Government Contracts Enforcement. He was responsible for the enforcement and compliance assistance programs for government contracts, including the SCA and the DBA. In 2009, he led WHD in the revitalization of the government contracts enforcement and compliance assistance programs, ensuring that workers on projects funded through the American Recovery and Reinvestment Act received the wages and benefits to which they were entitled. He oversaw the increase of DBA investigations from a low of 300 per year in 2008 to more than 1,800 investigations per year. He was the recipient of the Department of Labor’s Distinguished Career Service Award and retired from the Department of Labor in February 2015 after more than 33 years of government service. He now provides government contractors with compliance advice and support services as a consultant at BDO.
MEET YOUR CONTINUING EDUCATION CREDIT REQUIREMENTS
SEE INDIVIDUAL COURSES FOR AVAILABLE CREDITS
Certificates of Completion are provided to all seminar participants who attend Federal Publications Seminars courses following the event, upon request.
NCMA: CONTRACT MANAGER CERTIFICATION
All Federal Publications Seminars courses meet the course requirements of the National Contract Management Association’s certification programs. We are a proud Education Partner of the NCMA.
CPE: CONTINUING PROFESSIONAL EDUCATION
Federal Publications Seminars is part of West Professional Development, which is registered with the National Association of State Boards of Accountancy (NASBA) as a sponsor of continuing professional education on the National Registry of CPE Sponsors. State boards of accountancy have the final authority on the acceptance of individual courses for CPE credit. Complaints regarding registered sponsors may be submitted to the National Registry of CPE Sponsors through its website: www.learningmarket.org
This Program is eligible for: 13.0 (CPE) hours of credit
Program Level: N/A
Program Prerequisite: None
Advance Preparation: None
CLP: CONTINUOUS LEARNING POINTS
APPROVED FOR CLP BY
DEFENSE ACQUISITION UNIVERSITY
Defense Acquisition Workforce members must acquire 80 Continuous Learning Points (CLP) every two years from the date of entry into the acquisition workforce for as long as the member remains in an acquisition position per DoD Instruction 5000.66. We will provide you with documentation of points awarded for completing the event.
This Program is eligible for: 11.0 (CLP) hours of credit
CLE: CONTINUING LEGAL EDUCATION
States have widely varying regulations regarding MCLE credit. LegalEdcenter is an approved provider in AL, AK, AR, CA, GA, IL, ME, MO, MS, NC, ND, NE, NH, NJ, NM, NV, NY, OH, OK, PA, RI, SC, TN, TX, UT, VA, VI, VT, WA, WI, and WV. Credit may be applied for in other jurisdictions on request and in accordance with state MCLE rules.
** Please note that because some states are changing their policy on CLE reporting, you will need to fill out the request for credit from Federal Publications Seminars within 10 business days, or we may not be able to issue credits for the program.
This Program is eligible for:
11.0 (60 minutes),
American Management Association
2345 Crystal Drive
Arlington, VA 22202
METRO RAIL LINE:
Yellow & Blue Line – METRO Stop – Crystal City
From the METRO - AMA is 2 blocks east and 4 blocks south on Crystal Drive
211 E. Flamingo Rd.
Las Vegas, NV, Nevada 89169
RESERVATIONS AT GROUP RATE
There is not a room block for this location.
There is not a room block for this location.
Basic or fundamental subject matter is covered. Courses are geared to general knowledge or can be taken as a refresher.
Specific topics or issues within a topic area are covered. Students should be familiar with terms of art and general concepts concerning the course topic.
Workshops and class discussions cover specific subject matter in-depth, and participation is strongly encouraged. Attendees should have at least 2-3 years' experience in the area of study.
Courses build upon students' knowledge and experience, and cover complex issues within the subject matter. Should have 4-5 years' mastery of subject for in-depth analysis.
Masters-level programs designed for professionals with 5+ years' experience. Courses cover in-depth and technical analysis on specific subjects and updates on current issues.
Register Now for:
|April 26-27, 2017
||Las Vegas, NV, Nevada
|September 7-8, 2017
Call (888) 494-3696