Attachment 5 - Limitations on Subcontracting Acknowledgment and Certification.pdf

LIMITATIONS ON SUBCONTRACTING ACKNOWLEDGEMENT AND

CERTIFICATION

(a) This solicitation includes Veterans Affairs Acquisition Regulation (VAAR) clause 852.219-10, VA Notice of Total Service-Disabled Veteran-Owned Small Business Set-Aside.

(b) Accordingly, any contract resulting from this solicitation is subject to the limitation on subcontracting requirements in 13 CFR 125.6.

(c) When awarded a contract (see FAR 2.101, Definitions), including orders under multiple-award contracts, or a subcontract, a SDVOSB agrees that in the performance of the contract, the SDVOSB shall comply with requirements in VAAR subpart 819.70 and SBA regulations on small business size and government contracting programs at 13 CFR part 121 and 125, including the nonmanufacturer rule and limitations on subcontracting requirements in 13 CFR part 121.406 and 125.6, provided that for purposes of the limitations on subcontracting, only VIP-listed SDVOSBs shall be considered eligible and/or “similarly situated” (i.e., a firm that has the same small business program status as the prime contractor). An independent contractor shall be considered a subcontractor. An otherwise eligible firm further agrees to the following:

(1) Services. In the case of a contract for services (except construction), a VIP-listed SDVOSB awardee will not pay more than 50% of the amount paid to it by the government, to other firms that are not VIP-listed SDVOSBs.

(2) Subcontracting. Any work that a VIP-listed SDVOSB subcontractor further subcontracts will count towards the percent of subcontract amount that cannot be exceeded. For supply or construction contracts, cost of materials is excluded and not considered to be subcontracted. For mixed contracts and additional limitations, refer to 13 CFR 125.6.

(d) Joint ventures. A joint venture may be considered a SDVOSB if the joint venture is listed in VIP and complies with the requirements in 13 CFR 125.18(b), provided that any reference therein to service-disabled

Veteran-owned small business concern or SDVO SBC, is to be construed to mean a VIP-listed SDVOSB. A joint venture agrees that, in the performance of the contract, the applicable percentage specified in paragraph (c) of this clause will be performed by the aggregate of the joint venture participants.

Contractor Printed/Typed Name: ______________________________________________________

Contractor Title: ___________________________________________________________________

Contractor Signature: _______________________________________________________________

Attachment 5 36C25719R0027 1 of 1 https://www.acquisition.gov/vaar/vaar-819-acquisitiongov https://www.acquisition.gov/vaar/vaar-819-acquisitiongov#81970

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