Attachment 2 FAR 52.222_52 Declaration.pdf

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Patent Legal Services
Solicitation number
1232SA26Q0922
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This is a Federal Acquisition Regulation (FAR) certification template that offerors must complete to claim exemption from Service Contract Labor Standards requirements.

The provision requires offerors to certify four conditions to qualify for exemption: (1) the services are offered and sold regularly to non-governmental customers in substantial quantities through normal business operations; (2) contract services are furnished at established catalog or market prices; (3) each service employee will spend less than 20 percent of available hours on an annualized basis servicing the government contract; and (4) the offeror uses the same wage and fringe benefit compensation plan for government contract employees as for equivalent commercial employees. If the offeror certifies all four conditions and the Contracting Officer determines the Service Contract Labor Standards statute does not apply, the labor standards clause will be excluded from the resulting contract. If the statute applies despite certification, clause FAR 52.222-53 will not be included and the offeror may submit a revised offer. If the offeror does not certify to all conditions, clause 52.222-53 will be included in the contract, and the offeror must notify the Contracting Officer if a wage determination was not attached to the solicitation. The Contracting Officer cannot award a contract to any offeror who fails to execute the required certification or fails to contact the Contracting Officer as specified.

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Attachment 2 FAR 52.222_52 Declaration

FAR 52.222-52 Exemption from Application of the Service Contract Labor Standards to Contracts for Certain Services-Certification (Nov 2025)

(a) The offeror must check the following certification:

Certification

The offeror does does not certify that-

(1) The services under the contract are offered and sold regularly to non-Governmental customers, and are provided by the offeror (or subcontractor in the case of an exempt subcontract) to the general public in substantial quantities in the course of normal business operations;

(2) The contract services are furnished at prices that are, or are based on, established catalog or market prices. 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. An "established market price" is a current price, established in the usual course of ordinary and usual trade between buyers and sellers free to bargain, which can be substantiated from sources independent of the manufacturer or offeror;

(3) Each service employee who will perform the services under the contract will spend only a small portion of his or her 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) servicing the Government contract; and

(4) The offeror uses the same compensation (wage and fringe benefits) plan for all service employees performing work under the contract as the offeror uses for these employees and for equivalent employees servicing commercial customers.

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(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(f)(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 FAR 52.222-53, Exemption from Application of the Service Contract Labor Standards to Contracts for Certain Services-Requirements, in this solicitation will not be included in any resultant contract awarded to this offer, 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 of this solicitation at 52.222-53, Exemption from Application of the Service Contract Labor Standards to Contracts for Certain Services-Requirements, will not be included in any resultant contract to this offeror; and

(End of provision)

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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.

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