Procurement Information Circular

January 21, 2003



PURPOSE:  To cancel PIC 00-19, Class Deviation – Applicability of the Service Contract Act for the Acquisition of Certain Commercial Services.


BACKGROUND:  Effective August 25, 2000, pursuant to Section 4(b) of the McNamara-O'Hara Service Contract Act (SCA), the Secretary of Labor issued a temporary exemption that provided that the requirements of the SCA were not applicable to subcontracts for the acquisition of certain commercial services meeting specific criteria. The class deviation in PIC 00-19 implemented the Secretary of Labor's temporary exemption.  On January 18, 2002, the Secretary of Labor published the final rule in the Federal Register (66 FR 5328) adopting and amending as final the temporary regulations promulgated on August 25, 2000.  A case has been opened by the Civilian Agency Acquisition Council (CAAC) to address incorporation of the final rule into the FAR.  The class deviation contained in PIC 00-19 has not been extensively utilized and therefore will not be extended.


GUIDANCE:  The class deviation provided in PIC 00-19 has expired.  Contracting officers shall comply with guidance contained in FAR 22.1003-4, Administrative limitations, variations, tolerances, and exemptions; and use the clause as stated at 52.212-5, Contract Terms and Conditions Required to Implement Statutes and Executive Orders—Commercial Items.


CANCELLATION:  This PIC cancels PIC 00-19.


EFFECTIVE DATE:  This PIC is effective as dated and shall remain in effect until canceled or superseded.


HEADQUARTERS CONTACT:  Celeste Dalton, Code HK, (202) 358-1645, email: cdalton@hq.nasa.gov.




R. Scott Thompson

Director, Contract Management Division