Attachment 2 - 852.219-75 VA NOTICE OF LIMITATIONS ON SUBCONTRACTING Jan 2023 Dev form.pdf
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- Solicitation number
- 36C24725R0030
About this file
This is VA Form 852.219-75, which is a Certificate of Compliance for Limitations on Subcontracting for Services and Construction (January 2023 Deviation). The form outlines specific subcontracting limitations for different contract types: services contracts are limited to 50% subcontracting to non-VIP-listed firms, general construction is limited to 85%, and special trade construction is limited to 75%.
The document requires contractors to certify their compliance with these limitations and includes provisions for VA oversight and enforcement. It mandates that contractors must provide documentation proving compliance when requested, including invoices, subcontracts, or task value lists. Non-compliance can result in referral to the VA Suspension and Debarment Committee, fines under the Small Business Act, or prosecution under 18 U.S.C. 1001. The certification must be completed, signed, and submitted with any bid, quotation, or proposal, and failure to provide it will result in the offer being deemed ineligible for evaluation and award.
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Text version
852.219-75 VA NOTICE OF LIMITATIONS ON SUBCONTRACTING—
CERTIFICATE OF COMPLIANCE FOR SERVICES AND CONSTRUCTION (NOV
2022)
(JAN 2023) (DEVIATION)
(a) Pursuant to 38 U.S.C. 8127(k[l])(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) ☐ 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 [certified] SDVOSBs [listed in the SBA certification database ]as set forth in 852.219-73 or [certified] VOSBs [listed in the SBA certification database] as set forth in 852.219-74. Any work that a similarly situated VIP-listed [certified SDVOSB/VOSB] 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) ☐ 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 [certified] SDVOSBs [listed in the SBA certification database] as set forth in 852.219-73 or [certified] VOSBs [listed in the SBA certification database] as set forth in 852.219-74. Any work that a similarly situated VIP- listed [certified SDVOSB/VOSB] 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) ☐ 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[certified] SDVOSBs [listed in the SBA certification database] as set forth in 852.219-73 or [certified] VOSBs [listed in the SBA certification database] as set forth in 852.219-74. Any work that a similarly situated [certified SDVOSB/VOSB] 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 https://www.acquisition.gov/far/2.101 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#85221974 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#85221973 https://www.va.gov/oal/library/vaar/vaar852.asp#85221974 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
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 [U.S.C. 1001].
(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, [insert name of offeror] 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
| 852.219-75 VA NOTICE OF LIMITATIONS ON SUBCONTRACTING—CERTIFICATE OF COMPLIANCE FOR SERVICES AND CONSTRUCTION (NOV 2022) |
| Certification: |
| construction the contractor will not pay more than 50 of the amount paid by the: Off |
| construction the contractor will not pay more than 85 of the amount paid by the: Off |
| for special trade contractors the contractor will not pay more than 75 of the: Off |
| Printed Name of Signee: |
| Printed Title of Signee: |
| Date: |
| Company Name and Address 1: |
| Company Name and Address 2: |
| Check Box1: Off |
| Check Box2: Off |
| Check Box3: Yes |
| Text4: |
| Text5: |
| Text6: |
| Text7: |
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