52.222-48 Exemption from Application of Service Contract Act Provisions for Contracts for Maintenance, Calibration, and/or Repair of Certain ADP, Scientific and Medical, and/or Office and Business Equipment--Contractor Certification.
As prescribed in 22.1006(e)(1), insert the following clause:
EXEMPTION FROM APPLICATION OF SERVICE CONTRACT ACT PROVISIONS
(a) The following certification shall be checked:
The offeror certifies [ ] /does not certify [ ] that: (i) The
items of equipment to be serviced under this contract are commercial
items which are used regularly for other than Government purposes, and
are sold or traded by the Contractor in substantial quantities to the
general public in the course of normal business operations; (ii) The
contract services are furnished at prices which are, or are based on,
established catalog or market prices for the maintenance, calibration,
and/or repair of certain ADP, scientific and medical, and/or office
and business equipment. 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 Contractor, is either
published or otherwise available for inspection by customers, and states
prices at which sales are 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
trade between buyers and sellers free to bargain, which can be
substantiated from sources independent of the manufacturer or Contractor;
and (iii) The Contractor utilizes the same compensation (wage and
fringe benefits) plan for all service employees performing work under
the contract as the Contractor uses for equivalent employees servicing
the same equipment of commercial customers.
(b) If a negative certification is made and a Service Contract Act
wage determination is not attached the solicitation, the Contractor
shall notify the Contracting Officer as soon as possible.
(c) Failure to execute the certification in paragraph (a) of this
clause or to contact the Contracting Officer as required in paragraph
(b) of this clause may render the bid or offer nonresponsive.
(End of clause)
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