52.222-48 Exemption from Appl of the SC Labor Standards.docx
FAR Clause DOCX document 27 KB Posted
- Solicitation number
- NRD142082-26-2MT3-1
About this file
This is a FAR clause template (52.222-48) addressing exemptions from Service Contract Labor Standards for maintenance, calibration, or repair of certain equipment. The clause requires offerors to certify whether they meet three specific conditions: (1) the equipment to be serviced is used regularly for non-Government purposes and sold or traded in substantial quantities to the general public; (2) services will be furnished at established catalog or market prices; and (3) compensation plans for service employees match those used for equivalent employees servicing the same equipment for commercial customers. An "established catalog price" is defined as a published price maintained by the manufacturer or offeror available for inspection by customers, while an "established market price" is a current price established through free market trade that can be substantiated from independent sources. Offerors must execute the certification or notify the Contracting Officer if they cannot comply, and failure to do so may result in ineligibility for award.
The clause specifies that if the offeror certifies compliance and the Contracting Officer determines the Service Contract Labor Standards will not apply, the standards clause will be excluded from the contract. Conversely, if the standards will apply despite certification, clause 52.222-51 will be included instead, and the offeror may be given an opportunity to submit a revised offer. If the offeror does not certify compliance, clause 52.222-51 will not be included, and the offeror must promptly notify the Contracting Officer if no wage determination was attached to the solicitation. This template is designed for incorporation into commercial items solicitations where maintenance or repair services for equipment may qualify for labor standards exemptions based on the offeror's specific business practices and pricing structures.
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Text version
52.222-48 Exemption from Application of the Service Contract Labor Standards to Contracts for Maintenance, Calibration, or Repair of Certain Equipment-Certification.
EXEMPTION FROM APPLICATION OF THE SERVICE CONTRACT LABOR STANDARDS TO CONTRACTS FOR MAINTENANCE, CALIBRATION, OR REPAIR OF CERTAIN EQUIPMENT-CERTIFICATION (MAY 2014)
(a) The offeror shall check the following certification:
Certification The offeror ( ) does ( ) does not certify that-
(1) The items of equipment to be serviced under this contract are used regularly for other than Government purposes, and are sold or traded by the offeror (or subcontractor in the case of an exempt subcontractor) in substantial quantities to the general public in the course of normal business operations;
(2) The services will be furnished at prices which are, or are based on, established catalog or market prices for the maintenance, calibration, or repair of equipment.
(i) An “established catalog price” is a price included in a catalog, price list, schedule, or other form that is regularly maintained by the manufacturer or the offeror, is either published or otherwise available for inspection by customers, and states prices at which sales currently, or were last, made to a significant number of buyers constituting the general public.
(ii) 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 offeror; and
(3) The compensation (wage and fringe benefits) plan for all service employees performing work under the contract are the same as that used for these employees and equivalent employees servicing the same equipment of commercial customers.
(b) Certification by the offeror as to its compliance with respect to the contract also constitutes its certification as to compliance by its subcontractor if it subcontracts out the exempt services. If the offeror certifies to the conditions in paragraph (a) of this provision, and the Contracting Officer determines in accordance with FAR 22.1003-4(c)(3) that the Service Contract Labor Standards statute-
(1) Will not apply to this offeror, then the Service Contract Labor Standards clause in this solicitation will not be included in any resultant contract to this offeror; or
(2) Will apply to this offeror, then the clause at 52.222-51, Exemption from Application of the Service Contract Labor Standards to Contracts for Maintenance, Calibration, or Repair of Certain Equipment-Requirements, in this solicitation will not be included in any resultant contract awarded to this offeror, and the offeror may be provided an opportunity to submit a new offer on that basis.
(c) If the offeror does not certify to the conditions in paragraph (a) of this provision-
(1) The clause in this solicitation at 52.222-51, Exemption from Application of the Service Contract Labor Standards to Contracts for Maintenance, Calibration, or Repair of Certain Equipment-Requirements, will not be included in any resultant contract awarded to this offeror; and
(2) The offeror shall notify the Contracting Officer as soon as possible, if the Contracting Officer did not attach a Service Contract Labor Standards wage determination to the solicitation.
(d) The Contracting Officer may not make an award to the offeror, if the offeror fails to execute the certification in paragraph (a) of this provision or to contact the Contracting Officer as required in paragraph (c) of this provision.
(End of provision)
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