Attachment 5 - SCLS Exemption Certification.pdf
PDF 239 KB Posted
- Attached to
- Corn Winter Nurseries
- Solicitation number
- 1240BK26Q0023-01
- Issued by
-
Department of Agriculture Forest Service
About this file
This is a Service Contract Labor Standards Exemption Documentation form issued by the USDA in March 2024.
The form establishes conditions under which federal service procurements exceeding $2,500 may be exempt from Service Contract Labor Standards compliance and wage determination requirements. All four exemption conditions must be satisfied concurrently: (1) the services must be offered and sold regularly 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 prices regularly maintained and published by the contractor or current prices established through arm's-length trade transactions; (3) each service employee performing work must spend less than 20 percent of available hours on an annualized basis (or during the contract period if less than one month) on the transaction; and (4) the contractor must apply identical compensation plans (wages and fringe benefits) to all service employees performing the work as those used for equivalent employees servicing commercial customers. The form requires the buyer to affirm that contractor selection was based on factors beyond price alone, such as service availability or past performance, or that the procurement is sole source. Both the buyer and contractor must sign the document, with the contractor certifying compliance with all exemption conditions. One signed copy must be returned to the buyer.
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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 |
File details come from the government source that posted it. Updated .