Attachment 5 - SCLS Exemption Certification.pdf
PDF 239 KB Posted
- Attached to
- Maize Winter Nursery - RFQ Federal contract opportunity
- Solicitation number
- 1232SA26Q0840
About this file
This is a Service Contract Labor Standards Exemption Documentation form issued by the USDA in March 2024. The document establishes conditions under which services exceeding $2,500 may be procured without compliance to Service Contract Labor Standards wage determinations. Convenience checks are explicitly prohibited under this exemption.
For the exemption to apply, all four conditions must be satisfied: (1) the services must be regularly offered and sold to non-governmental customers and provided to the general public in substantial quantities during normal business operations; (2) services must be furnished at established catalog or market prices, defined as either regularly maintained published pricing available for customer inspection reflecting current or recent sales to significant numbers of general public buyers, or current prices established through free market trade between buyers and sellers substantiated by independent sources; (3) each service employee performing work must spend less than 20 percent of available hours on an annualized basis (or less than 20 percent during the contract period if under one month) on the transaction; and (4) the contractor must apply the same compensation plan, including wages and fringe benefits, to all service employees on the contract as used for equivalent employees servicing commercial customers. The document requires both the buyer to affirm that contractor selection was based on factors beyond price (such as service availability or past performance) or sole source justification, and the contractor to certify that all exemption conditions will be met. One signed copy must be returned to the buyer.
View the file
Other files for this federal contract opportunity
| File | Type | Posted |
|---|---|---|
| Attachment 4 - Service Contract Act WD 2015-5739.pdf | ||
| Attachment 3 - Quality Assurance Surveillance Plan.pdf | ||
| Attachment 1 - Solicitation Terms and Conditions.pdf | ||
| Attachment 6 - SF1449 Quote Submission Forms.pdf | ||
| Attachment 2 - Statement of Requirements.pdf |
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Text version
Service Contract Labor Standards Exemption Documentation
Conditions exist to procure services exceeding $2,500, that are exempt from the Service Contract Labor Standards and compliance with a Wage Determination is not required. Note: Convenience checks are not authorized.
Conditions. The exemption for the services applies if all the following conditions are met:
The services are offered and sold regularly to non-Governmental customers and are provided by the contractor to the general public in substantial quantities in the course of normal business operations.
The services are furnished at prices that are, or are based on, established catalog or market prices.
As defined at 29 CFR 4.123(e)(2)(ii)(C)
(A) An established catalog price is a price included in a catalog, price list, schedule, or other form that is regularly maintained by the contractor, is either published or otherwise available for inspection by customers, and states prices at which sales are currently, or were last, made to a significant number of buyers constituting the general public; and
(B) 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 contractor.
Each service employee who will perform the services will spend only a small portion of their 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) on this transaction.
The contractor will use the same compensation (wage and fringe benefits) plan for all service employees performing work under this contract/order as the contractor uses for these employees and equivalent employees servicing commercial customers.
Consistent with FAR 22.1003-4(d)(2), the Buyer affirms the Contractor was selected based on other factors in addition to price (i.e., service availability, past performance, etc.) or sole source:
Print Name Signature Date
By signing below, the Contractor certifies that exemption conditions above will be met:
(*Return one (1) copy to the Buyer once signed):
Signature Date Print Name
Title
Mar 2024 https://www.acquisition.gov/far/part-22#FAR_22_1003_4
Service Contract Labor Standards Exemption Documentation
| Buyer Name: |
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| Contractor Name: |
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| Services Offered: Off |
| Service Furnished: Off |
| Established Catalog Price: Off |
| Established Market Price: Off |
| Contractor Compensation: Off |
| Service Employee Performs Services: Off |
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