Attachmentr 2 Service-Contract-Labor-Standards-Exemption-Documentation.pdf
PDF 242 KB Posted
- Attached to
- Water Purification System Federal contract opportunity
- Solicitation number
- 12639526Q0241
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 federal procurements for services exceeding $2,500 can be exempted from Service Contract Labor Standards compliance and wage determinations. All four conditions must be met simultaneously for the exemption to apply: (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) the services must be furnished at established catalog or market prices, where catalog prices are regularly maintained and published or available for customer inspection, and market prices are current prices established through free bargaining and substantiated by independent sources; (3) each service employee performing the work must spend less than 20 percent of available hours on an annualized basis (or less than 20 percent during contract periods shorter than one month) on this transaction; and (4) the contractor must apply the same compensation plan (wages and fringe benefits) for all service employees on this contract as used for equivalent employees servicing commercial customers.
The form requires certification from both the buyer and contractor. The buyer must affirm that the contractor was selected based on factors beyond price, such as service availability or past performance, or on a sole source basis, consistent with FAR 22.1003-4(d)(2). The contractor must certify that all exemption conditions will be met and return one signed copy to the buyer. Note that convenience checks are not authorized under this exemption. The document is a template form designed for federal procurement personnel to document exemption determinations prior to contract award.
View the file
Other files for this federal contract opportunity
| File | Type | Posted |
|---|---|---|
| C04_CSS_Commerical Products and Services_Updated.docx | DOCX document | |
| 12639526Q0241 mod 1.pdf | ||
| 12639526Q0241a.pdf | ||
| Attachment 1 Statement of Work.docx | DOCX document |
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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: |
| Buyer Date: |
| Contractor Name: Latisha Hollman |
| Contractor Date: |
| Contractor Title: |
| Services Offered: Yes |
| Service Furnished: Yes |
| Established Catalog Price: Yes |
| Established Market Price: Yes |
| Contractor Compensation: Yes |
| Service Employee Performs Services: Yes |
File details come from the government source that posted it. Updated .