Difference between revisions of "FAR 52.222-44 - Fair Labor Standards Act and Service Contract Labor Standards - Price Adjustment"
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'''(c)''' The contract price, contract unit price labor rates, or fixed hourly labor rates will be adjusted to reflect increases or decreases by the Contractor in wages and fringe benefits to the extent that these increases or decreases are made to comply with— | '''(c)''' The contract price, contract unit price labor rates, or fixed hourly labor rates will be adjusted to reflect increases or decreases by the Contractor in wages and fringe benefits to the extent that these increases or decreases are made to comply with— | ||
− | *(1) An increased or decreased wage determination applied to this contract by operation of law; or | + | *(1) An increased or decreased wage determination applied to this contract '''by operation of law'''; or |
*(2) An amendment to the Fair Labor Standards Act of 1938 that is enacted subsequent to award of this contract, affects the minimum wage, and becomes applicable to this contract under law. | *(2) An amendment to the Fair Labor Standards Act of 1938 that is enacted subsequent to award of this contract, affects the minimum wage, and becomes applicable to this contract under law. | ||
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[[Category:Human Resources Contract Clauses]] | [[Category:Human Resources Contract Clauses]] | ||
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Example of contingencies and allowability | Example of contingencies and allowability |
Latest revision as of 09:58, 17 November 2023
Prescribed in 22.1006(c)(2) | |
Effective Date: | 1 May 2014 |
Clause or Provision: | Clause |
Provision or Clause Number: | 52.222-44 - Fair Labor Standards Act and Service Contract Labor Standards - Price Adjustment |
Principle Type And/Or Purpose of Contract: | |
Required: | |
Applicable: | Time and Materials/Labor Hour; Architect-Engineering; Dismantling, Demolition or Removal of Improvements; Communication Services; Time & Material/Labor Hour; Cost Reimbursement, Service; Fixed Price, Service; Transportation; Simplified Acquisition Procedures (Excludes Micro-Purchase) |
Optional: | Utility Services; Facilities; Indefinite Delivery; Leasing of Motor Vehicles; Fixed Price, Construction; Cost Reimbursement, Construction; Cost Reimbursement, Supply |
Subject: | Employment/Labor/Wages |
ProcurementType: | |
Contract Threshold: | |
Prescription Overview: |
Prescription(2) The contracting officer shall insert the clause at 52.222-44, Fair Labor Standards Act and Service Contract Labor Standards—Price Adjustment, in solicitations and contracts if the contract is expected to be a fixed-price, time-and-materials, or labor-hour service contract containing the clause at 52.222-41, Service Contract Labor Standards, exceeds the simplified acquisition threshold, and is not a multiple year contract or is not a contract with options to renew. The clause may be used in contracts that do not exceed the simplified acquisition threshold. The clause at 52.222-44, Fair Labor Standards Act and Service Contract Labor Standards—Price Adjustment, applies to both contracts subject to area prevailing wage determinations and contracts subject to contractor collective bargaining agreements (see 22.1002-2 and 22.1002-3). (3) The clauses prescribed in paragraph 22.1006(c)(1) cover situations in which revised minimum wage rates are applied to contracts by operation of law, or by revision of a wage determination in connection with (i) exercise of a contract option or (ii) extension of a multiple year contract into a new program year. If a clause prescribed in 16.203-4(d) is used, it must not conflict with, or duplicate payment under, the clauses prescribed in this paragraph 22.1006(c). |
Clause Overview: |
Clause(a) This clause applies to both contracts subject to area prevailing wage determinations and contracts subject to Contractor collective bargaining agreements.
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Important Notes/Requirements: |
Example of contingencies and allowability |
Subcontract Threshold: | |
Incorporated by Reference: | Yes |
Uniform Contract Format: | I |
Editor: | Marshall |
Personal notes.