Do we incorporate the Wage Determinations for our area for Maid or Houseman and Cook into our Hotel Blanket Purchase Agreements or does one of the exceptions apply, particularly 52.222-53 and 52.222-52?
1. The FAR references quoted below in pertinent part are applicable to this response.
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FAR Subpart 22.10—Service Contract Act of 1965, as Amended
FAR 22.1002-1 General
Service contracts over $2,500 shall contain mandatory provisions regarding minimum wages and fringe benefits, safe and sanitary working conditions, notification to employees of the minimum allowable compensation, and equivalent Federal employee classifications and wage rates.
FAR 22.1003-1 General
This Subpart 22.10 applies to all Government contracts, the principal purpose of which is to furnish services in the United States through the use of service employees, except as exempted in 22.1003-3 and 22.1003-4 of this section, or any subcontract at any tier there under. This subpart does not apply to individual contract requirements for services in contracts not having as their principal purpose the furnishing of services. The nomenclature, type, or particular form of contract used by contracting agencies is not determinative of coverage
FAR 22.1003-4 Administrative limitations, variations, tolerances, and exemptions
(d) Contracts for certain services.—
(1) Exemption. Except as provided in paragraph (d)(5) of this subsection, the Secretary of Labor has exempted from the Act contracts and subcontracts in which the primary purpose is to provide the following services, if the conditions in paragraph (d)(2) of this subsection are met:
(iii) Hotel/motel services for conferences, including lodging and/or meals, that are part of the contract or subcontract for the conference (which must not include ongoing contracts for lodging on an as needed or continuing basis).
(2) Conditions. The exemption for the services in paragraph (d)(1) of this subsection applies if all the following conditions are met for a contract (or for a subcontract) [as specified in the following subdivisions under FAR 22.1003-4(d)(2)]: (i), (ii), (iii), (iv), (v), (vi), and (vii).
FAR 52.222-41, Service Contract Act of 1965
FAR 52.222-53, Exemption from Application of the Service Contract Act to Contracts for Certain Services—Requirements
2. As stated in FAR 22.1003-4(d)(1)(iii), if an order under the BPA is for hotel/motel services for a conference, including any associated lodging and/or meals, and if all of the conditions specified under FAR 22.1003-4(d)(2) are met, then the order is exempted from the Service Contract Act. Consequently wage determinations are not required to be incorporated into the order and the clause FAR 52.222-53 shall be included in the order.
3. However, as also specified in FAR 22.1003-4(d)(1)(iii), if an order under the BPA exceeds $2,500 and is for ongoing lodging on an as needed or continuing basis, then the Service Contract Act applies to the order. In this case, clause FAR 52.222-41 is applicable to the order, and the appropriate wage determinations must be attached to the order.