852.219-75 MUST SIGN AND RETURN WITH PROPOSAL.pdf

PDF 117 KB Posted

Attached to
H312--Fire Extinguisher Inspection Amendment 0003 Federal contract opportunity
Solicitation number
36C24426Q0159
Issued by
Department of Veterans Affairs Veterans Health Administration Veterans Integrated Service Network 4

About this file

This document is a federal contracting clause template (852.219-75VA) prescribing limitations on subcontracting for VA contracts awarded to service-disabled veteran-owned small businesses (SDVOSBs) and veteran-owned small businesses (VOSBs).

For service contracts (excluding construction), the prime contractor may not pay more than 50% of government-paid amounts to firms that are not VIP-listed SDVOSBs or VOSBs, with any further subcontracting by similarly situated subcontractors counting toward this threshold. Other direct costs may be excluded if they are not the principal acquisition purpose and small businesses do not provide the service. For general construction contracts, the subcontracting limit is 85% of government-paid amounts, while special trade construction contracts have a 75% limit; material costs are excluded in both construction categories. Offerors must certify compliance with these limitations upon bid submission, acknowledging that false certification is subject to criminal, civil, or administrative penalties under Title 18, United States Code, Section 1001. The contracting officer may require documentation demonstrating compliance at any time during performance and upon completion, including invoices, subcontract copies, or task value lists. Offerors failing to provide the required signed certification will have their offers deemed ineligible for award consideration. Non-compliant SDVOSBs/VOSBs may face referral to the VA Suspension and Debarment Committee, fines under the Small Business Act, or criminal prosecution.

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Other files for this federal contract opportunity

Other files attached to H312--Fire Extinguisher Inspection Amendment 0003, newest first.
File Type Posted
Contract Opportunities 36C24426Q0159 0003_1.docx DOCX document
36C24426Q0159 0002 Fire Extinguisher Inspections Wilkes Barre.pdf PDF
Additional Information Fire Extinguisher Inspections Approximately.xlsx XLSX spreadsheet
36C24426Q0159 0001 Wilkes Barre Fire Extinguisher Inspections.pdf PDF
SCA WD 2015-4239.txt TXT text file
36C24426Q0159.docx DOCX document

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Text version

852.219-75VA Notice of Limitations on Subcontracting - Certificate of Compliance for Services and Construction.

As prescribed in 819.7011(b), insert the following clause:

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 certifies that -

(1) If awarded a contract (see FAR 2.101 definition), it will comply with the limitations on subcontracting requirement as provided in the solicitation 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) X Services. In the case of a contract for services (except construction), 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 acquisition and small business concerns do not provide the service as set forth in 13 CFR 125.6.

(ii) N/A General construction. In the case of a contract for general construction, 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 852.219-73or VOSBs as set forth in 852.219-74. Any work that a similarly situated VIP-listed 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) N/A Special trade construction 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 certification concerns a matter within the jurisdiction of an Agency of the United States. The offeror further acknowledges that this certification is subject to Title 18, United States Code, Section 1001, and, as such, a false, fictitious, or fraudulent certification may render the offeror subject to criminal, civil, or administrative penalties, including prosecution.

(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 Committee;

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

(iii) Prosecution for violating section 1001 of title 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 limitations on subcontracting requirement specified in the contract.

Contracting officers may, at their discretion, require the contractor to demonstrate its compliance with the limitations on subcontracting at any time during performance and upon completion of a contract if the information regarding such compliance is not already available to the contracting 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 limitations on subcontracting requirement. The offeror understands that failure to provide documents as requested by VA may result in remedial action as the Government deems appropriate.

(d) Offeror completed certification/fill-in required. The formal certification must be completed, signed and returned with the offeror's bid, quotation, or proposal. The Government will not consider offers for award from offerors that do not provide the certification, and all such responses will be deemed ineligible for evaluation and award.

Certification

I hereby certify that if awarded the contract, _______________________________ will comply with the limitations on subcontracting specified in this clause and in the resultant contract. I further certify that I am authorized to execute this certification on behalf of [insert name of offeror].

Printed Name of Signee:

Printed Title of Signee:

Signature:

Date:

Company Name and Address:

(End of clause)

i: Off
Name of Company:
Company Name and Address:
Date_af_date:
Print Name:
Print Title:

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