Attachment 03 DF SCA Exemption for LEI Fleet Vehicles Equipment.pdf
PDF 192 KB Posted
- Solicitation number
- 12444023Q0020
- Issued by
-
Department of Agriculture Forest Service
About this file
This document is a determination and findings regarding the applicability of the Service Contract Act to a solicitation for the purchase and installation of equipment on new USDA Forest Service law enforcement vehicles. The contract will require key personnel experienced in equipment installation to satisfy requirements. The determination finds the contract is not subject to SCA requirements or associated FAR clauses based on the work qualifying for the professional employee exemption under the Fair Labor Standards Act. The related federal contract opportunity is solicitation number 12444023Q0020 for outfitting 29 new law enforcement vehicles for the USDA Forest Service Region 8 with required equipment.
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Other files
| File | Type | Posted |
|---|---|---|
| Attachment 02 SCHEDULE OF ITEMS.rtf | RTF text file | |
| Attachment 01 Statement of Work Vehicle installs R8.docx | DOCX document | |
| 01 Solicitation 12444023Q0020 Outfit 29 Region 8 Law Enforcement Vehicles Equipment.pdf |
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Text version
Procurement and Property Services East Zone Service and Supply CSA # 2
DETERMINATION & FINDINGS
Service Contract Act (SCA) Non-applicability for Executive, Administrative, Professional, Outside Sales and Computer Employees.
FINDINGS
1. The USDA Forest Service/ Regional 8 Office processed a requirement (Requisition
1101367) for purchase and installation of equipment. The contactor will for new LEI Vehicles. Key Personnel with experience on installation of supplies are required to be included in order to satisfy the need.
2. The Service Contract Act (SCA) of 1965, as amended, is applicable to contracts the principal purpose of which is to provide services through the use of service employees.
Employees who are employed in an executive, administrative, or professional capacity are exempt from the provisions of the Act.
3. Pursuant to 29 CFR Part 541 subpart D § 541.301, Learned Professionals, employees whose primary duty is the performance of work requiring advanced knowledge in a field of science or learning customarily acquired by a prolonged course of specialized intellectual instruction, are exempt from the Fair Labor Standards Act wage and overtime requirements and are therefore exempt for the Service Contract Act.
DETERMINATION
It is hereby determined based on the above findings the contract for purchase and installing equipment for LEI Vehicles is not subject to the requirement of the Services Contract Act. FAR clauses 52.222-41 and 52.222-42 and the wage determination will not be included in the solicitation and subsequent contract.
Michael Walker Contracting Officer
| 2023-07-07T09:00:29-0400 | |
| MICHAEL WALKER |
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