Attachment 2 FAR 52.222-48 Provison Declaration.pdf
PDF 92 KB Posted
- Attached to
- Device Service Plan - New Orleans LA
- Solicitation number
- 1232SA26Q0430
About this file
This is a Federal Acquisition Regulation (FAR) clause template regarding exemptions from Service Contract Labor Standards for maintenance, calibration, and repair contracts.
The provision requires offerors to certify their compliance with three specific conditions to qualify for exemption from Service Contract Labor Standards: (1) the equipment to be serviced is used regularly for non-Government purposes and sold or traded in substantial quantities to the general public in normal business operations; (2) services will be furnished at established catalog or market prices, defined as prices included in regularly maintained catalogs or current prices established in normal trade between free-bargaining buyers and sellers; and (3) the compensation plan for service employees performing work under the contract matches that provided to equivalent employees servicing the same equipment for commercial customers. The offeror's certification also covers any subcontractors performing exempt services. If the offeror certifies compliance and the Contracting Officer determines the statute will not apply, the Service Contract Labor Standards clause will be excluded from the resulting contract. If the statute will apply despite certification, the offeror may submit a new offer. If the offeror does not certify to these conditions, the exemption requirements clause will not be included in any awarded contract, and the offeror must notify the Contracting Officer if a Service Contract Labor Standards wage determination was not attached to the solicitation. The Contracting Officer may not make an award if the offeror fails to execute the required certification or fails to contact the Contracting Officer as specified.
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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.
As prescribed in 22.1002-2(e)(1), insert the following provision:
Exemption from Application of the Service Contract Labor Standards to Contracts for Maintenance, Calibration, or Repair of Certain Equipment-Certification (NOV 2025)
(a) The offeror must 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 22.1002-1(e)(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
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(2) The offeror must 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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