52.222-48 Exemption from Appl of the SC Labor Standards.docx
FAR Clause DOCX document 27 KB Posted
- Solicitation number
- 142082-26-0462
About this file
This file is a Federal Acquisition Regulation (FAR) provision regarding exemption from Service Contract Labor Standards for equipment maintenance, calibration, and repair contracts. The provision allows offerors to certify whether they qualify for an exemption based on three key criteria: (1) the equipment being serviced is used regularly for non-Government purposes and sold or traded in substantial quantities to the general public; (2) services are furnished at established catalog or market prices; and (3) compensation for service employees matches that provided to equivalent employees servicing the same equipment for commercial customers. The provision includes detailed definitions of "established catalog price" and "established market price" to ensure pricing transparency and comparability to commercial offerings.
The contracting officer must evaluate the offeror's certification and determine whether Service Contract Labor Standards apply. If the offeror certifies compliance and the contracting officer concurs, the Service Contract Labor Standards clause will be excluded from the resulting contract. If the offeror fails to certify or does not meet the exemption criteria, standard labor standards clauses will apply. The offeror must execute the certification as a condition of award eligibility, and failure to do so or to notify the contracting officer of non-compliance will result in ineligibility for contract award. This provision is directly applicable to the NOAA solicitation (142082-26-0462) for repair and calibration of electronic equipment including FM/AM communication monitors, multimeters, and RF signal generators.
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| File | Type | Posted |
|---|---|---|
| Evaluation Factors.docx | DOCX document | |
| CAR 1352.209-74.docx | DOCX document |
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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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