Attachment 4 Compliance with Subcontracting Limits.pdf

Attachment 4: Compliance with Subcontracting Limits VAAR 852.219-75 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 vendor 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:

(i) (Service Contracts) The vendor must 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.

(2) The vendor acknowledges that this certification concerns a matter within the jurisdiction of an Agency of the United States. The vendor 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 vendor 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 vendor 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 vendor 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 vendor 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 vendor understands that failure to provide documents as requested by VA may result in remedial action as the Government deems appropriate.

(d) Vendor completed certification/fill-in required. The formal certification must be completed, signed and returned with the vendor's bid, quotation, or proposal. The Government will not consider offers for award from vendors 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, the vendor I represent (see below) 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 the vendor listed below.

Authorized Representative’s Name:

Title:

Signature:

Date:

Vendor’s Name:

Company’s UEI:

Company’s Address: