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
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 EquipmentRequirements, 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]