Attachment 8 Limitations on Subcontracting-Construction.pdf

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Attached to
Z2DA--CON-NRM 668-24-103 Replace Roofing Buildings 1, 2, 3, and 31
Solicitation number
36C26026R0081_0001
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This is a Department of Veterans Affairs (VA) Notice of Limitations on Subcontracting—Certificate of Compliance form required for service and construction contracts awarded under the Veterans First Contracting Program, pursuant to 38 U.S.C. § 8127(l)(2).

The form establishes subcontracting limitations based on contract type and requires offerors to certify compliance before award. For services contracts (excluding construction), contractors may not pay more than 50% of the government payment amount to non-certified Service-Disabled Veteran-Owned Small Businesses (SDVOSBs) or Veteran-Owned Small Businesses (VOSBs) listed in the SBA certification database. For general construction contracts, the limitation is 85% of the government payment amount. For special trade construction contracts, the limitation is 75% of the government payment amount. All entities must be certified and listed in the SBA certification database. Work further subcontracted by certified SDVOSB/VOSB subcontractors counts toward these limitations. Material costs are excluded from subcontracting calculations for construction contracts. Offerors acknowledge that false certification is subject to Title 18, United States Code, Section 1001, and may result in criminal, civil, or administrative penalties. The VA may require contractors to provide supporting documentation—including invoices, subcontracts, or task value lists—at any time during performance or upon completion to verify compliance. Non-compliance may result in suspension, debarment, fines, or prosecution. The signed certification must be completed and submitted with the bid, quotation, or proposal; offers without this certification will be deemed ineligible for evaluation and award.

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36C26026R0081 0004.docx DOCX document
36C26026R0081 0003.docx DOCX document
36C26026R0081 0002.docx DOCX document
36C26026R0081 0001.docx DOCX document
Attachment 5 668-24-103 HAZ B2.pdf PDF
Attachment 1 SOW.docx DOCX document
Attachment 9 Past Performance Questionnaire.docx DOCX document
Attachment 2 Specifications.pdf PDF
Attachment 11 Wage Determination WA20260114.pdf PDF
Attachment 6 668-24-103 HAZ B3.pdf PDF
36C26026R0081_1.docx DOCX document
Attachment 10 Division Cost Breakout.xls XLS spreadsheet
Attachment 7 668-24-103 HAZ B31.pdf PDF
Attachment 4 668-24-103 HAZ B1.pdf PDF
Attachment 3 Drawings.pdf PDF
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Text version

VA NOTICE OF LIMITATIONS ON SUBCONTRACTING—CERTIFICATE OF

COMPLIANCE FOR SERVICES AND CONSTRUCTION (JAN 2023) (DEVIATION)

(a) Pursuant to 38 U.S.C. 8127(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 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 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) [X ] 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 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 SDBOSB/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 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 SDBOSB/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.

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

(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 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:______________________________________

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