Although SF1413 is directed for use under FAR Part 36 construction contracts and it is not directed to be used for commercial services; can a CO still request prime contractors to submit a SF1413 for all subcontractors even for commercial services (FAR Part 12 and/or 13). In other words is there anything precluding the SF 1413 being requested for subcontractors for service contracts?
This response is based on the information provided. We suggest you discuss with your contracting team, program manager and/or legal department as appropriate.
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This response is based on the information provided. We suggest you discuss with your contracting officer and/or legal department as appropriate. The requirement for the use of the SF 1413 is prescribed in FAR 22.406-5; which states: "in accordance with the requirements of the clause at 52.222-11- Subcontracts (Labor Standards), the contractor and subcontractors at any tier are required to submit a fully executed SF 1413, Statement and Acknowledgment, upon award of each subcontract. The prescription for use of clause at FAR 52.222-11 is found at FAR 22.407(a), which requires the clause to be included in any solicitations and contracts in excess of $2,000 for construction within the United States. With respect to service contracts, we can look within the applicability section of FAR Subpart 22.4, specifically FAR 22.402(b), which addresses application of the subpart (and in turn the clause prescription and use of SF 1413), to non-construction contracts involving some construction work (ex: supply, service, R&D, etc.). This subdivision, and subsequent subdivisions discuss the conditions under which FAR Subpart 22.4 may or may not apply to non-construction contracts that contain some construction work. By looking in these subdivisions, you can apply the particulars of your acquisition to determine applicability and inform your decision as to whether you will require the SF 1413 or not.