FAR 52.222-48—Exemption from Application of the Service Contract Labor Standards to Contracts for Maintenance, Calibration, or Repair of Certain Equipment-Certification.
Plain-English Summary
FAR 52.222-48 is a solicitation provision used when a contract may qualify for the Service Contract Labor Standards (SCLS) exemption for maintenance, calibration, or repair of certain equipment. It requires the offeror to certify whether the equipment is used regularly for non-Government purposes and sold or traded in substantial quantities to the general public, whether the services will be priced using established catalog or market prices, and whether the wage and fringe benefit plan for service employees matches the plan used for commercial customers servicing the same equipment. The provision also explains how the certification affects whether the related SCLS clause at FAR 52.222-51 will be included in the resulting contract, how subcontracted exempt services are treated, and what happens if the offeror does not certify. In practice, this provision is a gatekeeper: it helps the contracting officer decide whether the SCLS statute applies to the procurement and whether wage determinations and the SCLS contract clause should be included. It matters because an incorrect certification can change labor-cost obligations, contract pricing, and compliance risk for both prime contractors and subcontractors. The provision also creates a duty to notify the contracting officer promptly if the offeror does not certify and no wage determination was attached, so the government can correct the solicitation before award.
Key Rules
Certification is required
The offeror must check whether it does or does not certify that the contract meets the exemption conditions. Failure to execute the certification can prevent award.
Equipment must be commercial
The equipment to be serviced must be used regularly for other than Government purposes and sold or traded in substantial quantities to the general public in the normal course of business.
Pricing must be market-based
The services must be furnished at prices that are, or are based on, established catalog prices or established market prices for maintenance, calibration, or repair services.
Employee compensation must match commercial practice
The wage and fringe benefit plan for all service employees on the contract must be the same as the plan used for those employees and equivalent employees servicing the same equipment for commercial customers.
Subcontractor certification flows through
If the offeror subcontracts exempt services, its certification also covers the subcontractor’s compliance for those exempt services.
Certification affects clause inclusion
If the contracting officer determines the SCLS statute does not apply, the SCLS clause will not be included in the contract; if it does apply, the exemption requirements clause will not be included and the offeror may be allowed to submit a new offer.
Non-certification triggers notice duties
If the offeror does not certify, the exemption requirements clause will not be included, and the offeror must notify the contracting officer as soon as possible if no SCLS wage determination was attached to the solicitation.
Responsibilities
Offeror
Review the solicitation and decide whether the contract qualifies for the exemption. Check the certification accurately, ensure the equipment, pricing, and compensation conditions are met, and notify the contracting officer promptly if it does not certify and no wage determination was attached.
Contracting Officer
Evaluate the certification under FAR 22.1003-4(c)(3), determine whether the SCLS statute applies, decide which clause or wage determination belongs in the resulting contract, and avoid award if the offeror fails to execute the certification or required notice.
Subcontractor
If performing exempt services under a subcontract, comply with the same exemption conditions as represented by the prime offeror, including commercial equipment, market-based pricing, and matching compensation practices.
Agency
Structure the solicitation correctly by including the provision when prescribed, and ensure the solicitation and award documents reflect the correct SCLS treatment based on the certification and contracting officer determination.
Practical Implications
This provision is not a general SCLS waiver; it is a narrow exemption tied to commercial equipment service work and must be supported by real facts, not just a label in the offer.
Offerors should verify all three certification elements carefully, because a false or unsupported certification can lead to contract compliance problems, pricing disputes, or labor misclassification issues.
Contracting officers should confirm whether a wage determination was attached and whether the solicitation path changes depending on the offeror’s certification and the statutory applicability decision.
If exempt services are subcontracted, the prime cannot ignore the subcontractor’s labor practices; the prime’s certification carries through and can create downstream compliance exposure.
A missed certification or missed notice can delay award or make the offer ineligible, so both sides should treat this provision as a pre-award decision point rather than a post-award formality.
Official Regulatory Text
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 Equipment-Requirements, 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)