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FAR 52.222-51 — Exemption from Application of the Service Contract Labor Standards to Contracts for Maintenance, Calibration, or Repair of Certain Equipment-Requirements

Contract clause · dated May 2014 · prescribed in FAR 22.100 · current through FAC 2026-01

In plain English

FAR 52.222-51, Exemption from Application of the Service Contract Labor Standards to Contracts for Maintenance, Calibration, or Repair of Certain Equipment-Requirements, is a contract clause prescribed at FAR 22.100, most recently dated May 2014. The complete official text is reproduced below, verbatim, from GSA's published FAR source files.

Its own text directs the contractor to include it in certain subcontracts, subject to the conditions quoted in the flowdown section below.

Does it flow down to subcontracts?

Flows down conditionally — mandate with stated conditions

“(f) The Contractor shall include the substance of this clause, including this paragraph (f), in subcontracts for exempt services under this contract.”— FAR 52.222-51, paragraph (f), official text

Required in subcontracts by OTHER clauses

These clauses direct that FAR 52.222-51 be included in certain subcontracts:

“(e) (1) Notwithstanding the requirements of the clauses in paragraphs (a), (b), (c), and (d) of this clause, the Contractor is not required to flow down any FAR clause, other than those in this paragraph (e)(1), in a subcontract for commercial products or commercial services. … (xvii) 52.222-51, Exemption from Application of the Service Contract Labor Standards to Contracts for Maintenance, Calibration, or Repair of Certain Equipment-Requirements (May 2014) (41 U.S.C. chapter 67).”— FAR 52.212-5, Contract Terms and Conditions Required To Implement Statutes or Executive Orders—Commercial Products and Commercial Services

Where it's prescribed

As prescribed in 22.1006(e)(2), insert the following clause:

Prescribing reference: FAR 22.100.

The official text, verbatim

FAR 52.222-51 · May 2014 current through FAC 2026-01 acquisition.gov eCFR (48 CFR)

As prescribed in 22.1006(e)(2), insert the following clause:

Exemption from Application of the Service Contract Labor Standards to Contracts for Maintenance, Calibration, or Repair of Certain Equipment-Requirements (May 2014)

  • (a) 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 Contractor in substantial quantities to the general public in the course of normal business operations.

  • (b) The services shall be furnished at prices which are, or are based on, established catalog or market prices for the maintenance, calibration, or repair of equipment.

    • (1) 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 currently, or were last, made to a significant number of buyers constituting the general public.

    • (2) 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.

  • (c) The compensation (wage and fringe benefits) plan for all service employees performing work under the contract shall be the same as that used for these employees and for equivalent employees servicing the same equipment of commercial customers.

  • (d) The Contractor is responsible for compliance with all the conditions of this exemption by its subcontractors. The Contractor shall determine the applicability of this exemption to any subcontract on or before subcontract award. In making a judgment that the exemption applies, the Contractor shall consider all factors and make an affirmative determination that all of the conditions in paragraphs (a) through (c) of this clause will be met.

  • (e) If the Department of Labor determines that any conditions for exemption in paragraphs (a) through (c) of this clause have not been met, the exemption shall be deemed inapplicable, and the contract shall become subject to the Service Contract Labor Standards statute. In such case, the procedures at 29 CFR 4.123(e)(1)(iv) and 29 CFR 4.5(c) will be followed.

  • (f) The Contractor shall include the substance of this clause, including this paragraph (f), in subcontracts for exempt services under this contract.

(End of clause)

The text above is reproduced from GSA's published FAR source files (GSA/GSA-Acquisition-FAR @ da52ccb (2026-03-30)), retrieved 2026-07-17. The official publication at acquisition.gov / eCFR controls if they differ.