Therefore, there must be an agreement and it should be enforceable by law.
Provided, That in any of the foregoing circumstances such obligations shall not apply if the Secretary finds after a hearing in accordance with regulations adopted by the Secretary that such wages and fringe benefits are substantially at variance with those which prevail for services of a character similar in the locality.
Thus, variance decisions do not have application retroactive to the commencement of the contract. Thus, the statute is applicable by its terms to a successor contract without regard to whether the successor contractor was also the predecessor contractor.
A contractor may become its own successor because it was the successful bidder on a recompetition of an existing contractor because the contracting agency exercises an option or otherwise extends the term of the existing contractetc. Further, since sections 2 a and 4 c must be read in harmony to reflect the statutory scheme, it is clear that the provisions of section 4 c apply whenever the Act or the regulations require that a new wage determination be incorporated into the contract 53 Comp.
Thus, for example, section 4 c would not apply if the predecessor contractor entered into a collective bargaining agreement for the first time, which did not become effective until after the expiration of the predecessor contract.
As a result of changing priorities, mission requirements, or other considerations, contracting agencies may decide to restructure their support contracts.
Thus, specific contract requirements from one contract may be broken out and placed in a new contract or combined with requirements from other contracts into a consolidated contract.
However, where there is more than one predecessor contract to the new or consolidated contractand where the predecessor contracts involve the same or similar function s of work, using substantially the same job classifications, the predecessor contract which covers the greater portion of the work in such function s shall be deemed to be the predecessor contract for purposes of section 4 cand the collectively bargained wages and fringe benefits under that contractif any, shall be applicable to such function s.
This limitation on the application of section 4 c is necessary and proper in the public interest and is in accord with the remedial purpose of the Act to protect prevailing labor standards.
Thus, the application of section 4 c is not negated because the contracting authority may change and the successor contract is awarded by a different contracting agency.
Also, there is no requirement that the successor contract commence immediately after the completion or termination of the predecessor contractand an interruption of contract services does not negate the application of section 4 c.
Contract services may be interrupted because the Government facility is temporarily closed for renovation, or because a predecessor defaulted on the contract or because a bid protest has halted a contract award requiring the Government to perform the services with its own employees.
In all such cases, the requirements of section 4 c would apply to any successor contract which may be awarded after the temporary interruption or hiatus. The basic principle in all of the preceding examples is that successorship provisions of section 4 c apply to the full term successor contract.
Therefore, temporary interim contracts, which allow a contracting agency sufficient time to solicit bids for a full term contractalso do not negate the application of section 4 c to a full term successor contract. The successorship requirements of section 4 c apply to all contracts for substantially the same services as were furnished under a predecessor contract in the same locality.
Similarly, the application of section 4 c and any wage determination issued pursuant to section 4 c and included in the contract is not negated by the fact that a successor prime contractor subsequently changes the place s of contract performance or subcontracts any part of the contract work to a firm which performs the work in a different locality.
However, failure to include in the wage determination any job classification, wage rate, or fringe benefit encompassed in the collective bargaining agreement does not relieve the successor contractor of the statutory requirement to comply at a minimum with the terms of the collective bargaining agreement insofar as wages and fringe benefits are concerned.
It is not guaranteed to be accurate or up-to-date, though we do refresh the database weekly. More limitations on accuracy are described at the GPO site.§ Section 4(c) of the Act.
This is a list of United States Code sections, Statutes at Large, Public Laws, and Presidential Documents, which provide rulemaking authority for this CFR Part.
This list is taken from the Parallel Table of Authorities and Rules provided by GPO [Government Printing. (iii) Contract of Insurance s. (1) and (2) of the Insurance Act states that: (a) an infant over the age of 10 may enter into a contract of insurance. (b) If below 16, can do so with the written consent of .
2 Service Contract Act or will post a notice of the required compen-sation in a prominent place at the worksite. (5) A statement of the rate that would be paid be the Fedral agency to the various classes of service employees if section or section of title 5, United States Code.
According to the Contracts Act , Section 26 illustration (f), which is written,’ A agrees to sell a horse worth RM for RM A’s consent to the agreement was freely given. The agreement is a contract notwithstanding the inadequacy of the consideration. The Contracts Act of is an act that involves contracts made between individuals and also the basic fundamentals of how a contract works or functions, and what actions can be taken if someone against the act and how the other people in contract can claim for damages or sue the people for damages done.
An offer under Malaysian Contract Act In Malaysia, an offer in the context of the Contract Act is known as a ‘proposal’, which is defined in S.
2(a) of the Act and a contract is made when there is an acceptance, this had been stated in S. 2(b) the Act. According to S. 4(1) of the Act provided that the communication of a.