Public Contract Law Section Amendment of Service Contract Act of 1965 Be It Resolved, That the American Bar Association urges the Congress of the United States to amend the Service Contract Act of 1965, 41 U.S.C. § 351 et seq., in the following respects: (1) To prohibit the importation into the locality where the work is to be performed of wage rates from a higher wage area by inserting "where the work is to be performed" after "locality" in Section 2(a)(i). (2) To eliminate the ambiguity which results from the inclusion in contracts of wage rates applicable to federal employees whose work duties may be significantly different than those to be performed by service employees under contract by repealing Section 2(a)(5). (3) To clarify that a successor contractor need not pay his service employees wage rates negotiated in a higher wage area by a predecessor contractor by inserting, "which is to be performed in the same locality" after "Act" in Section 4(c). (4) To specifically provide the right to judicial review of decisions of the Secretary of Labor under the act by adding the following Section 11: Section 11. A person suffering legal wrong because of agency action, or adversely affected or aggrieved by agency action is entitled to judicial review thereof pursuant to Section 10 of the Administrative Procedure Act, 5 U.S.C. 702. Nothing contained herein shall be construed to prohibit the review by the Comptroller General of any agency action under this Act. PC-8-78-S30 Be It Resolved, That the American Bar Association endorses in principle the concepts and goals expressed in S. 3005, entitled the Federal Acquisition Act of 1976, and tenders the assistance of the Section of Public Contract Law to the appropriate committees of Congress for the final formulation thereof. PC-8-76-S36-A Section of Public Contract Law Federal Acquistion Act of 1977 Be It Resolved, That the American Bar Association endorses the concepts and goals expressed in S. 1264, entitled the Federal Acquisition Act of 1977, urges the amendment thereof in certain respects as set forth in the report of the Section of Public Contract Law, tenders the assistance of the Section of Public Contract Law to the appropriate committees of Congress for final formulation thereof, and authorizes the President or his designee to present this endorsement and offer of assistance to the appropriate committees of Congress. PC-8-77-S31 Section of Public Contract Law August, 1980 Davis-Bacon Act Be It Resolved, That the American Bar Association adopts the following recommendations of the Section of Public Contract Law with respect to the Department of Labor's proposed regulations under the Davis-Bacon Act, the Contract Work Hours and Safety Standards Act, the Service Contract Act, and Executive Order 11246 which were issued on December 21, 1979: 1. that Government agencies not be required to impose any wage determination with respect to any construction activity unless that determination is published in the federal register at least 10 days prior to a scheduled bid opening; 2. that the DOL not issue a "prevailing wage" rate unless such rate is paid to a majority of the employees in a particular classification. Specifically, the use of the 30% rule for the purpose of determining a "prevailing rate" or the use of an average rate as a "prevailing rate" should be discontinued along with any other rate determination practice which does not result in the establishment of a rate which is paid the majority of a classification; 3. that the requirement for the submission of weekly payrolls by construction contractors be eliminated; 4. that the Government be allowed to withhold monies considered necessary to pay laborers and mechanics only from contracts on which there has been a violation; 5. that the rulings and interpretations of the Davis-Bacon Act and related acts not be incorporated by reference in contracts; 6. that the proposed certification by contractors, that neither they nor anyone interested in their firm is ineligible to be awarded a Government contract, not be adopted unless it is limited in applicability to persons having management responsibility; 7. that the present provisions of the Davis-Bacon regulations which permit a contractor and his employees to reach a final agreement on the classification of a particular class of laborers or mechanics conformably to a wage determination be continued; Section of Public Contract Law Davis-Bacon Act (cont.) 8. that the proposed 90 day notice by agencies of their intention to make a service contract not be implemented; 9. that the Service Contract Act not be extended to areas where Congress has clearly intended that it not be applied, such as to timber sales contracts; 10. that § 4.134(c) should be revised to state specifically what the "conditions and circumstances of a particular procurement" might be which would transform into a service contract a contract which would usually be outside of the Act's coverage; 11. that where new wage determinations are issued under the Service Contract Act because the original wage determination was substantially at variance with wages prevailing in the area, the new wage determination be made retroactive to the commencement of the contract such as is the case under the DavisBacon Act; . 12. that successor contractors should not be required to pay unrealistically high wages and fringe benefits imported from high wage areas where predecessor contracts were performed; 13. that the proposed requirement for contractors having con- 14. that the extensive notice requirements and burdensome DOL |