Attachment V - 52.222-48 Exemption from Application of the Service Contract Labor Standards.docx
DOCX document 16 KB Posted
- Solicitation number
- OC-2026-134415
About this file
This is a certification provision regarding exemption from Service Contract Labor Standards (SCLS) for equipment maintenance, calibration, or repair services. The document is a template that requires offerors to certify whether they meet three specific conditions to qualify for the exemption: (1) the equipment being serviced is regularly used for non-Government purposes and sold or traded in substantial quantities to the general public; (2) services are furnished at established catalog or market prices consistent with commercial offerings; and (3) compensation plans for service employees match those used for equivalent employees servicing the same equipment for commercial customers. An established catalog price is defined as a published or available price maintained by the manufacturer or offeror, while an established market price is a current price established through free market transactions and substantiated by independent sources.
The provision outlines the contracting officer's determination process and the resulting contract implications based on the offeror's certification status. If the offeror certifies compliance and the contracting officer determines SCLS does not apply, the SCLS clause will be excluded from the resulting contract. If SCLS applies despite certification, clause 52.222-51 will be excluded and the offeror may resubmit an offer. If the offeror does not certify to the exemption conditions, clause 52.222-51 will be included in any resulting contract award, and the offeror must notify the contracting officer if a wage determination was not attached to the solicitation. The contracting officer may not award to an offeror who fails to execute the required certification or provide notification as required.
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| Attachment VII- Combined Synopsis Solicitation - Multiwave 5001.docx | DOCX document | |
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| Attachment II - Pricing Sheet - Multiwave 5001.xlsx | XLSX spreadsheet | |
| Attachment IV - Past_Performance_Reference_Sheet.docx | DOCX document | |
| Attachment VI - Technical Compliance Matrix.xlsx | XLSX spreadsheet | |
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Text version
Attachment V - 52.222-48 Exemption from Application of the Service Contract Labor Standards to Contracts for Maintenance, Calibration, or Repair of Certain Equipment-Certification.
(a) The offeror must check the following certification:
Certification The offeror □ does □ does not certify that-
(1) The items of equipment to be serviced under this contract are used regularly for other than Government purposes, and are sold or traded by the offeror (or subcontractor in the case of an exempt subcontractor) in substantial quantities to the general public in the course of normal business operations;
(2) The services will be furnished at prices which are, or are based on, established catalog or market prices for the maintenance, calibration, or repair of equipment.
(i) 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.
(ii) 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 offeror; and
(3) The compensation (wage and fringe benefits) plan for all service employees performing work under the contract are the same as that used for these employees and equivalent employees servicing the same equipment of commercial customers.
(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(e)(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 52.222-51, Exemption from Application of the Service Contract Labor Standards to Contracts for Maintenance, Calibration, or Repair of Certain Equipment-Requirements, in this solicitation will not be included in any resultant contract awarded to this offeror, 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 in this solicitation at 52.222-51, Exemption from Application of the Service Contract Labor Standards to Contracts for Maintenance, Calibration, or Repair of Certain Equipment-Requirements, will not be included in any resultant contract awarded to this offeror; and
(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.
(End of provision)
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