52.222-52 Exemption from Application of the

Service Contract Labor Standards to

Contracts for Certain Services-Certification.

As prescribed in 22.1006(e)(3), insert the following provision:

Exemption from Application of the Service Contract Labor Standards to Contracts for Certain

Services-Certification (May 2014)

(a) The offeror shall check the following certification:

Certification

The offeror □ does □ does not certify that-

(1) The services under the contract 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;

(2) The contract 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;

(3) Each service employee who will perform the services under the contract 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 contract period if the contract

period is less than a month) servicing the Government contract; and

(4) The offeror uses the same compensation (wage and fringe benefits) plan for all service employees

performing work under the contract as the offeror uses for these employees and for equivalent

employees servicing 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(d)(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 FAR 52.222-53, Exemption from Application of the

Service Contract Labor Standards to Contracts for Certain Services-Requirements, in this

solicitation will not be included in any resultant contract awarded to this offer, 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 of this solicitation at 52.222-53, Exemption from Application of the Service Contract

Labor Standards to Contracts for Certain Services-Requirements, will not be included in any

resultant contract 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]