EP 1180-1-1
1 Aug 01
3-14. Park/Gate Attendant Services.
a. With respect to the applicability of the SCA to park/gate attendant services performed by
family-owned businesses under Operation & Maintenance contracts, the DOL has also determined that
such services are covered by the Act. Section 8(b) of the Act defines service employee as:
"any person engaged in the performance of a service contract, except those persons
who are employed in a bona fide executive, administrative, or professional capacity
as those terms are defined in Regulations, 29 CFR 541, regardless of any contractual
relationship that may be alleged to exist between a contractor or subcontractor and
such person."
b. Park/gate attendants would therefore be service employees within the meaning of the Act, and any
subcontract entered into for such services would be a covered service contract, regardless of whether or
not the contractor is a family-owned business such as those euphemistically referred to as "Ma-and-Pa"
type enterprises. Similarly, the DOL has indicated that the opening and locking of gates appears to be
"watchmen or guard" type activities for purposes of the Contract Work Hours and Safety Standards Act
(CWHSSA). To the extent that park/gate attendants perform CWHSSA covered activities in excess of
40 hours per week, they would also be entitled to receive CWHSSA premium compensation.
c. SCA coverage of "Ma-and-Pa" park/gate attendant subcontracts noted above may be
distinguished from prime contracts with "Ma-and-Pa" enterprises for park/gate attendant services. The
Act specifically exempts any employment contract providing for direct services to a Federal Agency by
an individual or individuals (see 41 USC 356; 29 CFR 4.121; FAR 22.1003-2(f)).
3-15. Demolition, Dismantling, and Removal of Improvements
a. Property demolition, dismantling and removal contracts which involve demolition of buildings or
other structures are subject to the SCA when their principal purpose is the furnishing of dismantling or
removal services, and no further construction at the site is contemplated. If further construction is
contemplated, even by separate contract, then the contract would be subject to the Davis Bacon Act (see
29 CFR 4.116(b) and FAR 37.301).
b. However, these regulations appear to address those situations where both the specific location
and exact nature of subsequent construction activities are intended. Such situations can be distinguished
3-10
Previous Page
