Attachment 4 VA NOTICE OF LIMITATIONS ON SUBCONTRACTING Certificate of Compliance rev.pdf

VA NOTICE OF LIMITATIONS ON SUBCONTRACTING—CERTIFICATE OF COMPLIANCE FOR SERVICES AND

CONSTRUCTION (NOV 2022)

(a) Pursuant to 38 U.S.C. 8127(k)(2), the offeror cer�fies that—

(1) If awarded a contract (see FAR 2.101 defini�on), it will comply with the limita�ons on subcontrac�ng requirement as provided in the solicita�on and the resultant contract, as follows: [Contracting Officer check the appropriate box below based on the predominant NAICS code assigned to the instant acquisition as set forth in FAR 19.102.]

(i) [ ] Services. In the case of a contract for services (except construc�on), the contractor will not pay more than 50% of the amount paid by the government to it to firms that are not VIP-listed SDVOSBs as set forth in 852.219-73 or VOSBs as set forth in 852.219-74. Any work that a similarly situated VIP-listed subcontractor further subcontracts will count towards the 50% subcontract amount that cannot be exceeded. Other direct costs may be excluded to the extent they are not the principal purpose of the acquisi�on and small business concerns do not provide the service as set forth in 13 CFR 125.6.

(ii) [] General construction. In the case of a contract for general construc�on, the contractor will not pay more than 85% of the amount paid by the government to it to firms that are not VIP-listed SDVOSBs as set forth in 852.219-73 or VOSBs as set forth in 852.219-74. Any work that a similarly situated VIPlisted subcontractor further subcontracts will count towards the 85% subcontract amount that cannot be exceeded. Cost of materials are excluded and not considered to be subcontracted.

(iii) [X] Special trade construc�on contractors. In the case of a contract for special trade contractors, the contractor will not pay more than 75% of the amount paid by the government to it to firms that are not VIP-listed SDVOSBs as set forth in 852.219-73 or VOSBs as set forth in 852.219-74. Any work that a similarly situated subcontractor further subcontracts will count towards the 75% subcontract amount that cannot be exceeded. Cost of materials are excluded and not considered to be subcontracted.

(2) The offeror acknowledges that this cer�fica�on concerns a mater within the jurisdic�on of an Agency of the United States. The offeror further acknowledges that this cer�fica�on is subject to Title 18, United States Code, Sec�on 1001, and, as such, a false, fic��ous, or fraudulent cer�fica�on may render the offeror subject to criminal, civil, or administra�ve penal�es, including prosecu�on.

(3) If VA determines that an SDVOSB/VOSB awarded a contract pursuant to 38 U.S.C. 8127 did not act in good faith, such SDVOSB/VOSB shall be subject to any or all of the following:

(i) Referral to the VA Suspension and Debarment Commitee;

(ii) A fine under sec�on 16(g)(1) of the Small Business Act (15 U.S.C. 645(g)(1)); and

(iii) Prosecu�on for viola�ng sec�on 1001 of �tle 18.

(b) The offeror represents and understands that by submission of its offer and award of a contract it may be required to provide copies of documents or records to VA that VA may review to determine whether the offeror complied with the limita�ons on subcontrac�ng requirement specified in the contract. Contrac�ng officers may, at their discre�on, require the contractor to demonstrate its compliance with the limita�ons on subcontrac�ng at any �me during performance and upon comple�on https://www.acquisition.gov/far/2.101 https://www.acquisition.gov/far/2.101 https://www.acquisition.gov/far/19.102 https://www.acquisition.gov/far/19.102 https://www.va.gov/oal/library/vaar/vaar852.asp#85221973 https://www.va.gov/oal/library/vaar/vaar852.asp#85221973 https://www.va.gov/oal/library/vaar/vaar852.asp#85221974 https://www.va.gov/oal/library/vaar/vaar852.asp#85221974 https://www.va.gov/oal/library/vaar/vaar852.asp#85221973 https://www.va.gov/oal/library/vaar/vaar852.asp#85221973 https://www.va.gov/oal/library/vaar/vaar852.asp#85221974 https://www.va.gov/oal/library/vaar/vaar852.asp#85221974 https://www.va.gov/oal/library/vaar/vaar852.asp#85221973 https://www.va.gov/oal/library/vaar/vaar852.asp#85221973 https://www.va.gov/oal/library/vaar/vaar852.asp#85221974 https://www.va.gov/oal/library/vaar/vaar852.asp#85221974 of a contract if the informa�on regarding such compliance is not already available to the contrac�ng officer. Evidence of compliance includes, but is not limited to, invoices, copies of subcontracts, or a list of the value of tasks performed.

(c) The offeror further agrees to cooperate fully and make available any documents or records as may be required to enable VA to determine compliance with the limita�ons on subcontrac�ng requirement. The offeror understands that failure to provide documents as requested by VA may result in remedial ac�on as the Government deems appropriate.

(d) Offeror completed cer�fica�on/fill-in required. The formal cer�fica�on must be completed, signed and returned with the offeror’s bid, quota�on, or proposal. The Government will not consider offers for award from offerors that do not provide the cer�fica�on, and all such responses will be deemed ineligible for evalua�on and award.

Cer�fica�on:

I hereby cer�fy that if awarded the contract, [insert name of offeror] will comply with the limita�ons on subcontrac�ng specified in this clause and in the resultant contract. I further cer�fy that I am authorized to execute this cer�fica�on on behalf of [insert name of offeror].

Printed Name of Signee: ________________________________________

Printed Title of Signee: _________________________________________

Signature: ___________________________________________________

Date: _____________________

Company Name and Address: ______________________________________

(End of clause)