D-Attachment FAR 52.222-48 May 2014.pdf
FAR Clause May 2014 PDF 117 KB Posted
- Solicitation number
- 75N95025Q00154
About this file
This is FAR provision 52.222-48, which provides certification requirements for exemption from Service Contract Labor Standards for contracts involving maintenance, calibration, or repair of certain equipment. The provision requires offerors to certify whether they qualify for exemption based on three key criteria: 1) the equipment being serviced is regularly sold/traded to the general public in substantial quantities, 2) services will be provided at established catalog/market prices, and 3) service employee compensation plans are the same as those used for commercial customers.
The certification includes specific definitions of "established catalog price" and "established market price" and explains that the offeror's certification also covers any subcontractors performing exempt services. If an offeror certifies compliance, the Service Contract Labor Standards clause will not be included in the contract. The provision requires signature by an authorized individual with their title and organization name. This provision appears to be part of solicitation 75N95025Q00154 for maintenance services of a WOLF G2 Cell Sorter with N1 Pro attachment for the NIH National Institute on Aging.
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Text version
52.222-48 Exemption from Application of the Service Contract Labor Standards to Contracts for Maintenance, Calibration, or Repair of Certain Equipment-Certification.
As prescribed in 22.1006(e)(1), insert the following provision:
Exemption from Application of the Service Contract Labor Standards to Contracts for Maintenance, Calibration, or Repair of Certain Equipment-Certification (May 2014)
(a) The offeror shall 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 22.1003-4(c)(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 https://www.acquisition.gov/far/22.1006#FAR_22_1006 https://www.acquisition.gov/far/22.1003-4#FAR_22_1003_4 https://www.acquisition.gov/far/52.222-51#FAR_52_222_51
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 shall 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)
Parent topic: 52.222 [Reserved]
CERTIFICATION:
Signature of Authorized IndividualName of Authorized Individual
Title Name of Organization https://www.acquisition.gov/far/52.222-51#FAR_52_222_51 https://www.acquisition.gov/far/52.222
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| does: Off |
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