Attachment 5 - SCLS Exemption Certification.pdf

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Attached to
Transmission Electron Microscope (TEM) Repair - RFQ Federal contract opportunity
Solicitation number
1232SA26Q0339
Issued by
Department of Agriculture Agricultural Research Service

About this file

This is a Service Contract Labor Standards Exemption Documentation form used by the USDA to establish conditions under which service contracts exceeding $2,500 may be procured without compliance to Service Contract Labor Standards and Wage Determinations.

The exemption applies only when all four conditions are satisfied: (1) the services are regularly offered and sold to non-Governmental customers and provided to the general public in substantial quantities during normal business operations; (2) services are furnished at established catalog or market prices, where established catalog prices are regularly maintained by the contractor and published or available for customer inspection, and established market prices are current 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 the contract period if under one month) on the transaction; and (4) the contractor uses the same compensation plan (wages and fringe benefits) for all service employees performing work under the contract as used for equivalent employees servicing commercial customers. The form requires signatures from both the Buyer affirming contractor selection based on factors beyond price and the Contractor certifying that all exemption conditions will be met. One signed copy must be returned to the Buyer. The document is dated March 2024 and is issued by USDA.

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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

File details come from the government source that posted it. Updated .