We're a security guard company, NAICS 561612, bidding on a federal building contract. It's a full and open competition, and the solicitation number is on SAM.gov. We've got the wage determination for the guards, and I understand the hourly rates for base pay. What I don't get is the health and welfare fringe benefit. The incumbent has a union agreement, and the WD lists different H&W rates for different employee categories. Also, the WD talks about vacation pay and holidays. How do I price the health and welfare fringe, especially with the union agreement in play? How do I account for the vacation and holiday rules under the Service Contract Act?
What is the Service Contract Act, and how do I price the health and welfare fringe?
Ask a question- The health and welfare fringe benefit listed on the wage determination is a set hourly rate that must be paid for all hours worked or paid, up to 40 hours per week, for each covered employee.
- Dave is right that the Service Contract Act applies only to service contracts performed in the United States.
- Our county had some jobs that were similar to federal contracts, but the county procurement code d
2 answers
The health and welfare fringe benefit listed on the wage determination is a set hourly rate that must be paid for all hours worked or paid, up to 40 hours per week, for each covered employee. Dave is right that the Service Contract Act applies only to service contracts performed in the United States. Our county had some jobs that were similar to federal contracts, but the county procurement code did not have a similar wage determination requirement. When you are pricing your bid for the federal contract, you must ensure that your total compensation for each employee meets or exceeds the combined hourly rates for both the basic wage and the health and welfare fringe, as well as the vacation and holiday requirements. The contracting officer will verify compliance with the wage determination, and this is a common area for post-award audits by the Department of Labor.
The Service Contract Act (SCA) requires contractors on covered service contracts to pay prevailing wages and fringe benefits, and the health and welfare (H&W) fringe benefit listed on the wage determination is a minimum amount that must be provided, either as a cash payment or as bona fide fringe benefits. The SCA applies to service contracts over $2,500 and requires the inclusion of the clause at FAR 52.222-41. The wage determination will list the H&W fringe benefit as a flat hourly rate, or sometimes as a different rate for different employee categories, as you observed. You must pay at least this amount for each hour worked or paid, including paid time off. If your current benefits package does not meet the H&W amount, you must make up the difference with additional cash wages or by providing additional benefits. The union agreement of the incumbent contractor does not directly affect your pricing, but the wage determination may incorporate terms from a collective bargaining agreement if it was applicable to the predecessor contract. Vacation and holiday pay are part of the fringe benefit requirements under the SCA and are typically outlined in the wage determination itself, specifying accrual rates and holiday observances. You must account for these by either providing the paid time off or making an equivalent cash payment.