EP 1180-1-1
1 Aug 01
schedule, or other form that is regularly maintained by the contractor or subcontractor, 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.
d. Each service employee who will perform services under the Government contract or
subcontract 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 or subcontract.
e. The contractor utilizes the same compensation (wage and fringe benefits) plan for all service
employees performing work under the contract or subcontract as the contractor uses for these employees
and for equivalent employees servicing commercial customers.
f. The contracting officer (or prime contractor with respect to a subcontract) determines in
advance, based on the nature of the contract requirements and knowledge of the practices of likely
offerors, that all or nearly all offerors will meet the above requirements. If the services are currently being
performed under contract, the contracting officer or prime contractor shall consider the practices of the
existing contractor in making a determination regarding the above
requirements.
g. The contractor certifies in the prime contract or subcontract, as applicable, to the provisions in
paragraphs (1), and (3) through (5). The contracting officer or prime contractor, as appropriate, shall
review available information concerning the contractor or subcontractor and the manner in which the
contract will be performed. If the contracting officer or prime contractor has reason to doubt the validity
of the certification, SCA stipulations shall be included in the contract or subcontract.
3-28. Application of Commercial Service Contract Exemption. The DOL has set forth a listing of
service contracts that where the above criteria are satisfied will be exempt from the applicability of the
SCA. While these services are briefly noted below, Contracting Officers are encouraged to carefully
review the conditions under which the exemptions are effective.
a. Automobile or other vehicle (e.g., aircraft) maintenance services (other than contracts to
operate a Government motor pool or similar facility).
3-18
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