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Content Last Revised: 10/27/83 |
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Code of Federal Regulations Pertaining to ESA |
| Labor |
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| Office of the Secretary of Labor |
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| Labor Standards for Federal Service Contracts |
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| Application of the McNamara-O'Hara Service Contract Act |
29 CFR 4.143 - Effects of changes or extensions of contracts, generally.
- Section Number: 4.143
- Section Name: Effects of changes or extensions of contracts, generally.
(a) Sometimes an existing service contract is modified, amended, or
extended in such a manner that the changed contract is considered to be
a new contract for purposes of the application of the Act's provisions.
The general rule with respect to such contracts is that, whenever
changes affecting the labor requirements are made in the terms of the
contract, the provisions of the Act and the regulations thereunder will
apply to the changed contract in the same manner and to the same extent
as they would to a wholly new contract. However, contract modifications
or amendments (other than contract extensions) that are unrelated to the
labor requirements of a contract
will not be deemed to create a new contract for purposes of the Act. In
addition, only significant changes related to labor requirements will be
considered as creating new contracts. This limitation on the application
of the Act has been found to be in accordance with the provisions of
section 4(b) of the Act.
(b) Also, whenever the term of an existing contract is extended,
pursuant to an option clause or otherwise, so that the contractor
furnishes services over an extended period of time, rather than being
granted extra time to fulfill his original commitment, the contract
extension is considered to be a new contract for purposes of the
application of the Act's provisions. All such ``new'' contracts as
discussed above require the insertion of a new or revised wage
determination in the contract as provided in Sec. 4.5.
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