Attachment 3 DF SCA Exemption for Professional Services (signed).pdf

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Attached to
Computer Software Trainer Knoxville Federal contract opportunity
Solicitation number
12445023Q0042
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 federal contract solicitation. The solicitation will be issued by the Department of Agriculture Forest Service to provide training and educational computer software services to twenty students on techniques related to Forest Inventory and Analysis relational databases. The contracting officer determined that the contract is exempt from Service Contract Act requirements based on the work qualifying under the professional employee exemption for tasks requiring advanced knowledge acquired through specialized instruction in a scientific field. The solicitation number is 12445023Q0042 and is for a computer software trainer located in Knoxville, Tennessee.

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Text version

Business Operations Procurement and Property Services

East Zone Service and Supply CSA #10

DETERMINATION & FINDINGS

Service Contract Act (SCA) Non-applicability for Executive, Administrative, Professional, Outside Sales and Computer Employees.

FINDINGS

1. The Southern Research Station processed a requirement (Requisition 1102124) for FIA training and educational services. The contractor will provide training and educational computer and software services to twenty students on techniques and topics pertaining to Forest Inventory and Analysis (FIA) relational databases, bringing attendees from novice to intermediate/advanced levels of understanding.

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 training and educational computer and software services 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.

NESTOR RIVERA GONZALEZ Date Contracting Officer

2023-07-14T11:42:17-0400
NESTOR RIVERA GONZALEZ

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