Facts a Contractor needs to know about Labor Intensive Service Contracts
A Forest Service Fact Sheet for Labor Intensive Service Contracts
Labor Intensive Service Contract – Within the Forest Service Labor Intensive Service Contracts (LISC) are considered to be those contracts for on the ground services requiring extensive hand labor including but not limited to tree planting, tree thinning, tree pruning, cone collection, and other forestry related services. In some cases some activities such as trail maintenance might also be considered LISC.
Contract Requirements – There are several requirements that apply to labor forces being used on LISC work. The primary requirements include:
- McNamara-O-Hara Service Contract Act (SCA) – The McNamara-O-Hara Service Contract Act also known as the Service Contract Act (SCA) provides that a certain wage and fringe benefit must be paid or otherwise provided to workers on LISC and other service contracts along with other employee protections. A SCA Wage Determination is included in the solicitation package and awarded contract identifying the wage/fringe benefit applicable to the work. Additionally certain terms and conditions regarding SCA reporting and compliance are included in the contract such as posting requirements for applicable posters, copies of the wage determination, etc. The Forest Service will inspect contract activity to verify compliance with the SCA by a prime contractor and subcontractors. The U.S. Department of Labor is the enforcement agency that will investigate willful violations of SCA including failure to correct deficiencies found during contract inspection effort by Forest Service. Further information regarding the SCA can be found on the U.S. Department of Labor website
- The Migrant and Seasonal Agricultural Worker Protection Act (MSPA) – MSPA like SCA provides for certain worker protections involved in LISC contracts. Contract terms and conditions regarding the MSPA will state the specific requirements but generally MSPA requires certain accommodations regarding housing including camping, transportation of workers, other effort related to payment of workers such as maintaining payrolls, pay stubs and safety and health of workers. The Forest Service will inspect contract activity to verify compliance with the MSPA by a prime contractor and subcontractors. The U.S. Department of Labor is the enforcement agency that will investigate willful violations of MSPA including failure to correct deficiencies found during contract inspection effort by Forest Service. Further information regarding the MSPA can be found on the U.S. Department of Labor website
- Employment Eligibility Verification (E-Verify) – Federal laws, regulations, and policies require employers to abide by immigration laws of the United States and to employ only individuals eligible to work in the United States. These requirements include in certain circumstances verification of eligibility of an employee to work in the United States by the employer. Employer for the purpose of Federal contract include the prime contractor and subcontractors. The requirements apply to Forest Service LISC and other Federal contracts as provided by the Federal Acquisition Regulations (FAR). FAR Part 22.18 and contract clauses required by FAR Part 22.18 require contractors and subcontractors performing Forest Service and other Federal contracts to perform E-Verify in certain circumstances. These circumstances do apply to LISC. The Forest Service will inspect contract activity to verify compliance with E-Verify by a prime contractor and subcontractors. The Department of Homeland Security and Social Security Administration are the enforcement agencies that will investigate willful violations of E-Verify requirements of a contract including failure to correct deficiencies found during contract inspection effort by Forest Service. Further information regarding the E-Verify can be found on the U.S. Department of Homeland Security, U.S. Citizenship and Immigration Services website
- Safety and Health (OSHA) – As with all Forest Service and other Federal contracts all work is to be conducted in a safe manner. This includes compliance both Federal and State occupational safety and health regulations. OHSA requirements deal with many activities that are related to MSPA and SCA along with addressing such things as personal protection, job site sanitary facilities and other matters related to safety and health of employees. The Forest Service will inspect contract activity to verify compliance with safety and health requirements by a prime contractor and subcontractors. Depending on the State in which the work is performed either Federal or State Occupational Safety and Health Administration (OSHA) will be the enforcement agency that will investigate willful violations of safety and health requirements of a contract including failure to correct deficiencies found during contract inspection effort by Forest Service. Further information regarding Federal and State OSHA information can be found at the following websites:
- Federal
- Oregon State (OR-OSHA)
- Washington State, administered through the Washington State Department of Labor and Industries (WISHA)
- Other State information can be found by using this Federal OSHA website
Compliance with Federal, State and local laws regarding the safety and health of employees is the responsibility of all prime and subcontractors performing work on Forest Service and other Federal contracts. The above provides a general overview of the primary laws and regulations that a contractor must be familiar with. Further requirements will be stated in the contract terms and conditions. The Forest Service will verify compliance through contract work inspections and violations not corrected will referred to the appropriate enforcement agency for investigation and criminal or civil action which may include debarment from performing future Federal contracts. Violations will also be considered in performance evaluations of the work and be a tool to evaluate a contractors eligibility for award on future contracts.
Questions and clarifications regarding contract requirements should be referred to the appropriate Forest Service Contracting Officer, however a Contracting Officer’s response is only advisory, contractors and subcontractors are fully responsible for knowing and performing all safety and health requirements of a LISC and associated laws, regulations and policies.
