Refresh 23 for the IT has the following clause on page 74:
52.222-52 EXEMPTION FROM APPLICATION OF THE SERVICE
CONTRACT ACT TO CONTRACTS FOR CERTAIN
SERVICES--CERTIFICATION (NOV 2007)
(a) The offeror shall check the following certification:
CERTIFICATION
The offeror ______ does ______ does not certify that--
(1) The services under the contract are offered and sold regularly to non-Governmental
customers, and are provided by the offeror (or subcontractor in the case of an exempt subcontract)
to the general public in substantial quantities in the course of normal business operations;
(2) The contract services are furnished at prices that are, or are based on, established catalog or
market prices. 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. An "established
market price" is a current price, established in the usual course of ordinary and usual trade
between buyers and sellers free to bargain, which can be substantiated from sources independent
of the manufacturer or offeror;
(3) Each service employee who will perform the services under the contract will spend only a
small portion of his or her time (a monthly average of less than 20 percent of the available hours
on an annualized basis, or less than 20 percent of available hours during the contract period if the
contract period is less than a month) servicing the Government contract; and
(4) The offeror uses the same compensation (wage and fringe benefits) plan for all service
employees performing work under the contract as the offeror uses for these employees and for
equivalent employees servicing 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(d)(3) that the Service Contract Act--
(1) Will not apply to this offeror, then the Service Contract Act of 1965 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 FAR 52.222-53, Exemption from Application of
the Service Contract Act to Contracts for Certain Services--Requirements, in this solicitation will
not be included in any resultant contract awarded to this offer, 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 of this solicitation at 52.222-53, Exemption from Application of the Service
Contract Act to Contracts for Certain Services--Requirements, will not be included in any
resultant contract 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 Act 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 © of this provision.