Attachment 5 - SCLS Exemption Certification.pdf
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- Attached to
- Service Plan for a MACSQuant Tyto Cell Sorter - RFQ Federal contract opportunity
- Solicitation number
- 1232SA26Q0178
About this file
This is a Service Contract Labor Standards Exemption Documentation template issued by the USDA in March 2024. The document outlines conditions under which services exceeding $2,500 may be procured without compliance to the Service Contract Labor Standards and Wage Determination requirements. Convenience checks are explicitly not authorized under this exemption.
The exemption applies only when all four conditions are satisfied: (1) the services are regularly offered and sold to non-governmental customers in substantial quantities through normal business operations; (2) pricing is based on established catalog or market prices as defined in 29 CFR 4.123(e)(2)(ii)(C), including either published catalog prices to significant numbers of buyers or current market prices substantiated from independent sources; (3) each service employee performing the work spends less than 20 percent of available hours on an annualized basis (or less than 20 percent during contract periods shorter than one month) on the transaction; and (4) the contractor applies the same compensation plan (wages and fringe benefits) to all service employees performing the work as used for equivalent employees servicing commercial customers. The document requires signatures from both the Buyer—affirming the contractor was selected based on factors beyond price such as service availability and past performance, or as sole source per FAR 22.1003-4(d)(2)—and the Contractor, certifying that all exemption conditions will be met. One signed copy must be returned to the Buyer.
View the file
Other files for this federal contract opportunity
| File | Type | Posted |
|---|---|---|
| Attachment 3 - Wage Rate Determination 2015-5559 (0003).pdf | ||
| Attachment 1 - Solicitation Terms and Conditions (0003).pdf | ||
| Attachment 4 - Quote Submission Form (0003).pdf | ||
| Attachment 1 - Solicitation Terms and Conditions (0002).pdf | ||
| Attachment 1 - Solicitation Terms and Conditions (0001).pdf | ||
| Attachment 1 - Solicitation Terms and Conditions.pdf | ||
| Attachment 2 - Statement of Requirements.pdf | ||
| Attachment 3 - Wage Rate Determination 2015-5559.pdf | ||
| Attachment 4 - Quote Submission Form.pdf |
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Text version
Service Contract Labor Standards Exemption Documentation
Conditions exist to procure services exceeding $2,500, that are exempt from the Service Contract Labor Standards and compliance with a Wage Determination is not required. Note: Convenience checks are not authorized.
Conditions. The exemption for the services applies if all the following conditions are met:
The services are offered and sold regularly to non-Governmental customers and are provided by the contractor to the general public in substantial quantities in the course of normal business operations.
The services are furnished at prices that are, or are based on, established catalog or market prices.
As defined at 29 CFR 4.123(e)(2)(ii)(C)
(A) An established catalog price is a price included in a catalog, price list, schedule, or other form that is regularly maintained by the contractor, is either published or otherwise available for inspection by customers, and states prices at which sales are currently, or were last, made to a significant number of buyers constituting the general public; and
(B) An established market price is a current price, established in the usual course of trade between buyers and sellers free to bargain, which can be substantiated from sources independent of the manufacturer or contractor.
Each service employee who will perform the services will spend only a small portion of their time (a monthly average of less than 20 percent of the available hours on an annualized basis, or less than 20 percent of available hours during the contract period if the contract period is less than a month) on this transaction.
The contractor will use the same compensation (wage and fringe benefits) plan for all service employees performing work under this contract/order as the contractor uses for these employees and equivalent employees servicing commercial customers.
Consistent with FAR 22.1003-4(d)(2), the Buyer affirms the Contractor was selected based on other factors in addition to price (i.e., service availability, past performance, etc.) or sole source:
Print Name Signature Date
By signing below, the Contractor certifies that exemption conditions above will be met:
(*Return one (1) copy to the Buyer once signed):
Signature Date Print Name
Title
Mar 2024 https://www.acquisition.gov/far/part-22#FAR_22_1003_4
Service Contract Labor Standards Exemption Documentation
| Buyer Name: |
| Buyer Date: |
| Contractor Name: |
| Contractor Date: |
| Contractor Title: |
| Services Offered: Off |
| Service Furnished: Off |
| Established Catalog Price: Off |
| Established Market Price: Off |
| Contractor Compensation: Off |
| Service Employee Performs Services: Off |
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