Difference between revisions of "FAR 52.222-53 - Exemption from Application of the Service Contract Labor Standards to Contracts for Certain Services - Requirements"
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|EffectiveDate=2014/05/01 | |EffectiveDate=2014/05/01 | ||
|ClauseorProvision=Clause | |ClauseorProvision=Clause | ||
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|Prescribedin=22.1006(e)(4) | |Prescribedin=22.1006(e)(4) | ||
− | |TypePurposeContract= | + | |TypePurposeContract=Time and Materials/Labor Hour -A; Leasing of Motor Vehicles -O; Dismantling, Demolition, or Removal of Improvements -O; Facilities -O; Indefinite Delivery -O; Utility Services -O |
− | | | + | |CCSubject=Employment/Labor/Wages |
− | |FARClauseOverview='''(a)''' The services under this contract are offered and sold regularly to non-Governmental customers, and are provided by the Contractor to the general public in substantial quantities in the course of normal business operations. | + | |PrescriptionOverview===Prescription== |
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+ | (4) The contracting officer shall insert the clause at 52.222-53, Exemption from Application of the Service Contract Labor Standards to Contracts for Certain Services—Requirements— | ||
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+ | :(i) In solicitations that include the provision at 52.222-52, or the comparable provision is checked as applicable in 52.204-8(c)(2)(iv) or 52.212-3(k)(2); and | ||
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+ | :(ii) In resulting contracts in which the contracting officer has determined, in accordance with 22.1003-4(d)(3), that the Service Contract Labor Standards statute does not apply. | ||
+ | |||
+ | |FARClauseOverview===Clause== | ||
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+ | '''(a)''' The services under this contract are offered and sold regularly to non-Governmental customers, and are provided by the Contractor to the general public in substantial quantities in the course of normal business operations. | ||
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'''(e)''' | '''(e)''' | ||
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+ | (1) Except for services identified in FAR 22.1003-4(d)(1)(iv), the subcontractor for exempt services shall be selected for award based on other factors in addition to price or cost with the combination of other factors at least as important as price or cost; or | ||
− | ( | + | (2) A subcontract for exempt services shall be awarded on a sole source basis. |
− | '''( | + | '''(f)''' The Contractor is responsible for compliance with all the conditions of this exemption by its subcontractors. The Contractor shall determine in advance, based on the nature of the subcontract requirements and knowledge of the practices of likely subcontractors, that all or nearly all likely subcontractors will meet the conditions in paragraphs (a) through (d) of this clause. If the services are currently being performed under a subcontract, the Contractor shall consider the practices of the existing subcontractor in making a determination regarding the conditions in paragraphs (a) through (d) of this clause. If the Contractor has reason to doubt the validity of the certification, the requirements of the Service Contract Labor Standards statute shall be included in the subcontract. |
− | '''( | + | '''(g)''' If the Department of Labor determines that any conditions for exemption at paragraphs (a) through (e) of this clause have not been met, the exemption shall be deemed inapplicable, and the contract shall become subject to the Service Contract Labor Standards statute. In such case, the procedures in at 29 CFR 4.123(e)(2)(iii) and 29 CFR 4.5(c) will be followed. |
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+ | '''(h)''' The Contractor shall include the substance of this clause, including this paragraph (h), in subcontracts for exempt services under this contract. | ||
|ImportantNotesRequirements=Only applies to Service Contract Act contracts | |ImportantNotesRequirements=Only applies to Service Contract Act contracts | ||
[[Category:FAR 52 - Solicitation Provisions and Contract Clauses]] | [[Category:FAR 52 - Solicitation Provisions and Contract Clauses]] | ||
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+ | [[Category:Human Resources]] | ||
|IncorporatedbyReference=Yes | |IncorporatedbyReference=Yes | ||
|UniformContractFormat=I | |UniformContractFormat=I | ||
|Editor=Marshall | |Editor=Marshall | ||
+ | |ProvisionClauseNumberAlternate=52.222-53 | ||
+ | |ProvisionClauseDescription=- | ||
|Checked=no | |Checked=no | ||
|HasTermDate=2014/03/31 | |HasTermDate=2014/03/31 |
Revision as of 16:23, 16 December 2014
Prescribed in 22.1006(e)(4) | |
Effective Date: | 1 May 2014 |
Clause or Provision: | Clause |
Provision or Clause Number: | 52.222-53 - Exemption from Application of the Service Contract Labor Standards to Contracts for Certain Services - Requirements |
Principle Type And/Or Purpose of Contract: | |
Required: | |
Applicable: | Time and Materials/Labor Hour; |
Optional: | Leasing of Motor Vehicles; Dismantling, Demolition, or Removal of Improvements; Facilities; Indefinite Delivery; Utility Services; |
Subject: | Employment/Labor/Wages |
ProcurementType: | |
Contract Threshold: | |
Prescription Overview: |
Prescription(4) The contracting officer shall insert the clause at 52.222-53, Exemption from Application of the Service Contract Labor Standards to Contracts for Certain Services—Requirements—
|
Clause Overview: |
Clause(a) The services under this contract are offered and sold regularly to non-Governmental customers, and are provided by the Contractor to the general public in substantial quantities in the course of normal business operations.
(1) Except for services identified in FAR 22.1003-4(d)(1)(iv), the subcontractor for exempt services shall be selected for award based on other factors in addition to price or cost with the combination of other factors at least as important as price or cost; or (2) A subcontract for exempt services shall be awarded on a sole source basis.
|
Important Notes/Requirements: |
Only applies to Service Contract Act contracts |
Subcontract Threshold: | |
Incorporated by Reference: | Yes |
Uniform Contract Format: | I |
Editor: | Marshall |
Personal notes.