52.222-52
Exemption from Application of the Service Contract Labor Standards to Contracts for Certain Services-Certification
Offerors must accurately certify their eligibility for exemption from Service Contract Labor Standards or risk disqualification and mandatory compliance with SCLS requirements.
Overview
FAR 52.222-52 provides a certification process for offerors seeking exemption from the Service Contract Labor Standards (SCLS, formerly known as the Service Contract Act) for certain service contracts. The provision requires offerors to certify that their services meet specific criteria related to commercial availability, pricing, employee time allocation, and compensation practices. If the offeror certifies compliance and the contracting officer concurs, the SCLS clause will not be included in the contract. If the offeror does not certify, or fails to notify the contracting officer when required, the exemption does not apply and the SCLS requirements remain in force.
Key Rules
- Certification Requirement
- Offerors must certify whether their services meet all four exemption criteria: commercial availability, established pricing, minimal employee time on government contracts, and consistent compensation plans.
- Subcontractor Compliance
- The offeror’s certification extends to any subcontractors providing exempt services.
- Contract Clause Inclusion
- If certified and approved, the SCLS clause is omitted from the contract; if not, the clause remains or the offeror may be allowed to revise their offer.
- Notification Obligation
- Offerors who do not certify must notify the contracting officer if a wage determination is missing from the solicitation.
- Award Eligibility
- Failure to execute the certification or required notification may disqualify the offeror from award.
Responsibilities
- Contracting Officers: Must verify certifications, determine applicability of SCLS, and ensure proper clauses are included or omitted.
- Contractors: Must accurately complete the certification, ensure subcontractor compliance, and notify the contracting officer as required.
- Agencies: Oversee compliance and ensure proper application of labor standards exemptions.
Practical Implications
- This provision allows certain commercial service contracts to be exempt from SCLS, reducing administrative burden if criteria are met.
- Contractors must carefully assess their eligibility and ensure all certification requirements are met to avoid disqualification or compliance issues.
- Common pitfalls include misunderstanding the exemption criteria, failing to notify the contracting officer, or inconsistent compensation practices.