EP 1180-1-1
1 Aug 01
CHAPTER 4 - PRE-SOLICITATION ADMINISTRATION AND DETERMINATION
4-1. General. (29 CFR, Part 4; FAR 22.1008). It is essential that all prospective procurements be
assessed in terms of the potential applicability of the various labor standards statutes referenced in
Chapter 2 of this pamphlet. Further, it is recommended that such determinations be undertaken as early
in the procurement planning process as may be practicable. Experience has indicated that where the
determination of the appropriate labor standards statutes and provisions are an addendum rather than an
integral element within the procurement planning process, the potential for disruption of solicitations and
contract schedules is significantly increased. This is particularly true with respect to service contracts
where the timing and content of SCA wage determination request procedures differ from those arising
under the DBA.
4-2. Standard Form 98/98a, Notice of Intention to Make a Service Contract and Response to Notice.
a. For any contract exceeding ,500 which may be subject to the SCA, the contracting agency is
required to submit The Notice of Intention to Make a Service Contract -- Standard Form 98 (Appendix
E). The individual SF 98 consists of two forms, the SF 98 and SF 98a, and any supporting
documentation required. The request is sent to the Administrator, Wage and Hour Division, Employment
Standards Administration, U.S. Department of Labor, Washington, D.C. 20210. Supplies of the SF 98
and 98a are available in all GSA (General Services Administration) supply depots under stock numbers
7540-926-8972 and 7540-118-1008, respectively. Alternatively, the DOL has authorized the use of a
computer-generated SF 98 and SF 98a, provided such forms continue to maintain separate and unique
notice numbers for each request. Towards this end, the DOL has authorized the Corps to use the prefix
"C" for each request and the first two numbers representing the Corps district from which such request
originates. (For example, C2598001 would represent a request from the Corps of Engineers Rock
Island District). It should be noted that such format is merely an option with each district and districts
may elect to continue to use the GSA supplied forms.
b. There are three types of SF 98/98a Notices sent to DOL:
(1) Individual Requests for Area, or locally prevailing, WDs: Area WDs reflect wages and benefits
which DOL determines to be prevailing for a specific locality (usually determined from Bureau of Labor
Statistic surveys and other data). Individual requests are also submitted when the incumbent or
predecessor contractor employees are subject to a CBA, and that CBA is forwarded to DOL requesting
a WD reflecting the CBA rates and benefits.
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