Attachment E_Certification-Exemption-from-SCLS-Certain-Services-BSD-CS-2049-08.20.2025.pdf
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- Solicitation number
- RFPSSPR463396
- Issued by
-
Department of Energy
About this file
This document is a certification template for offerors to claim exemption from the Service Contract Labor Standards (SCLS) applicable to certain federal service contracts.
The certification requires offerors to select whether they DO or DO NOT meet four specific conditions for exemption: (1) the services are offered and sold regularly to non-governmental customers in substantial quantities through normal business operations; (2) 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 contract; and (4) the offeror uses the same compensation plan (wages and fringe benefits) for all service employees performing work under the contract as used for equivalent employees servicing commercial customers. If the offeror certifies compliance with all four conditions, the Company will determine whether SCLS applies; if it does not apply, SCLS clauses will be excluded from the resulting contract, but if it does apply, the offeror may be given an opportunity to submit a new offer. If the offeror does not certify to the exemption conditions, SCLS requirements will apply to the contract, and the offeror must notify the Subcontract Administrator if a wage determination was not provided with the solicitation. Failure to execute the required certification or contact the Procurement Officer may result in the Company declining to award the contract. The document requires signature by an authorized representative with title and date.
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CERTIFICATION: Exemption from Application of the Service Contract Labor Standards – Certain Services
CERTIFICATION: Exemption from Application of the Service Contract Labor Standards – Certain Services
BSD-CS-2049
August 20, 2025
1) The Offeror shall select one of the following certifications (DOES/DOES NOT):
CERTIFICATION: The Offeror ☐ DOES ☐ DOES NOT certify that:
a) The services under the Agreement 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;
b) The Agreement 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;
c) Each service employee who will perform the services under the Agreement 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 Agreement period if the Agreement period is less than a month) servicing the Agreement; and
d) The Offeror uses the same compensation (wage and fringe benefits) plan for all service employees performing work under the Agreement as the Offeror uses for these employees and for equivalent employees servicing commercial customers.
2) Certification by the Offeror as to its compliance with respect to the Agreement 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 (1) of this provision, and the Company determines that the Service Contract Labor Standards –
a) Will not apply to this Offeror, then the applicable Service Contract Labor Standards clauses will not be included in any resultant Agreement to this Offeror; or
b) Will apply to this Offeror, then the clause Exemption from Application of the Service Contract Labor Standards – Certain Services – Requirements, in this solicitation will not be included in any resultant Agreement awarded to this Offeror, and the Offeror may be provided an opportunity to submit a new offer on that basis.
3) If the Offeror does not certify to the conditions in paragraph (1) of this provision –
a) The clause of this solicitation Exemption from Application of the Service Contract Labor Standards – Certain Services –
Requirements, will not be included in any resultant Agreement to this Offeror; and
b) The Offeror shall notify the Subcontract Administrator as soon as possible if the Subcontract Administrator did not attach a Service Contract Labor Standards wage determination to the solicitation.
4) The Company may not make an award to the Offeror, if the Offeror fails to execute the certification in paragraph (1) of this provision or to contact the Procurement Officer as required in paragraph (3) of this provision.
Offeror:
By:
Title:
Date:
| By: |
| Title: |
| DOES: Off |
| DOES NOT: Off |
| Offeror Signature: |
| Date: |
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