52.222-48 Exemption from Appl of the SC Labor Standards.docx
FAR Clause DOCX document 27 KB Posted
- Solicitation number
- NRD142082-26-0333
About this file
This file is a Federal Acquisition Regulation (FAR) clause template addressing exemptions from Service Contract Labor Standards for equipment maintenance, calibration, and repair contracts. The clause requires offerors to certify whether three specific conditions are met: (1) the equipment being serviced is used regularly for non-Government purposes and sold or traded in substantial quantities to the general public; (2) services will be furnished at established catalog or market prices consistent with commercial sales; 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 price published in regular catalogs or price lists available for customer inspection, while an "established market price" is a current price established through normal trade between willing buyers and sellers and substantiated from independent sources.
If the offeror certifies compliance with all three conditions and the Contracting Officer determines the Service Contract Labor Standards statute will not apply, the standard labor standards clause will be excluded from the resulting contract. Conversely, if certification is not made or the statute is determined to apply, alternative labor standards clauses will be included. The offeror is required to execute the certification or contact the Contracting Officer regarding wage determinations; failure to do so may result in ineligibility for contract award. This is a template clause that does not address specific products or services but rather provides the certification framework for evaluating labor standards applicability to maintenance and repair contracts.
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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.
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 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)
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