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52.222-52&53


sackanator

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Wondering if anyone can elaborate on the 52.222-52&53 Provision/Clause.  Would it be ideal for small dollar buys above the micro such as lodging/catered meals/porta-john cleaning?

Been researching and trying to fully understand lodging and some items that are cloudy/greyish concerning if they are a service or not.  FAR 22.1003-5(d) lists Food Service and lodging as covered under Service Contract Labor Standards (SCLS).  Seems pretty straight forward.   

Being under the Army umbrella they make it pretty time consuming for anything to fall under the classification of "Service".  The requirement to fill out an RSCAF for inherently governmental functions, ATOPSEC coversheet, and the Contract Manpower Reporting function I believe names a few.  There is also the requirement under SCLS to require the business to pay a 10.15 minimum wage if covered under the SCLS.  When you are only awarding a 4K to 6K contract award for lodging we are talking about trying to walk two miles to the grocery store just to pick up one gallon of milk.

If you look under the guidance for the Army RSCAF under Q&A it states the Army considers Lodging to not be a service and an RSCAF is not deemed necessary.  It does not list how or why the Army has made this determination.  If anyone knows how or why please let me know.       

When reviewing some FBO solicitations I noticed one agency had a stand alone 52.222-52 provision for the business's to sign when submitting their quote for a lodging requirement.  Reading through the requirements it seems to make sense but some of the language seems rather vague.   " 20 percent of available hours ..... servicing the Government contract."  I have read FAR Case 2001-004 but didn’t seem to touch much on the back ground of 52.222-52&53.  Does anyone have a good source that covers the provision 52.222-52 “Exemption from … SCLS … --Certification“ and the clause 52.222-53 “Exemption from … SCLS … --Requirements”  I have heard some discussions concerning lodging but believe catered meals (not food service) have entered the arena also.   

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Guest Vern Edwards

sackanator:

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Would [52.222-52, -53] be ideal for small dollar buys above the micro such as lodging/catered meals/porta-john cleaning?

If anyone knows how or why [the Army decided a RSCAF form is not required] please let me know.

In order to decide whether 52.222-52 and/or 52.222-53 apply to your acquisition, you have to study, interpret, and apply the Department of Labor's rules with respect to implementation of the Service Contract Act. Reading the FAR is not enough.

In that regard, and with respect to lodging:

  1. Go to this Department of Labor website: http://www.dol.gov/whd/foh/  You'll be on a Wage and Hour Division page with part of the table of contents for the DOL Field Operations Handbook 
  2. Click on the link to Chapter 14, "The McNamara-O'Hara Service Contract Act."
  3. Then go to Subchapter 14c, "Exemptions and exclusions," and then to 14c01, "Other exemptions," paragraph (a)(4), and read it.
  4. Then go to Subchapter 14d, "Covered SCA contracts," and then to 14d05, "Contracts with hotels, motels, and restaurants for lodging and meals," and read it.
  5. Then think about the facts of your pending acquisition and decide whether or not to use FAR 52.222-52 and/or 52.222-53.

I don't know of any other specific guidance applicable to your question about lodging at the DOL website, but you might want to check further at the DOL website. I haven't thought about catered meals and porta-john cleaning, but you can look into that yourself now that you know about the DOL Field Operations Handbook.

As for your second (indirect) question, it appears that whoever developed the Army's "Request for Services Contract Approval Form" ("RSCAF") may have already done the above and made a determination. You did not provide enough information about your requirement to enable me to offer an answer to your first question, and I don't want you to provide the information at this point. You should now be armed and ready, and you can read, think, and decide for yourself.

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Being under the Army umbrella they make it pretty time consuming for anything to fall under the classification of "Service".  The requirement to fill out an RSCAF....

A thought in that regard: It seems to me that what you might really want to know is whether a contract for lodging, etc., is a service contract. It is a service contract as defined in FAR 37.101, but if exempt from the SCA it may not be a service contract for purposes of requiring an Army RSCAF. I don't know. I'm not really familiar with the RSCAF beyond having seen it.

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As always when I have read posts that you have commented on Vern, I thank you for providing a trail to follow that will help make a little more sense of the subject.  I would have tried providing a bit more info with the question but my home computer is touchy with some government websites. 

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Guest Vern Edwards

You're welcome, sackanator. Keep in mind that it's unlikely that you'll find an authoritative, black or white, right or wrong answer. There's only the conclusion that you reach through thinking and the argument that you can make and defend.

Now, go to it, and BE your office's expert on the subject. Small steps. One topic at a time.

Vern

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