J-5 Post-Award Limitations on Subcontracting Report-Deviation-Sept 2021.doc

ATTACHMENT J-6

POST-AWARD CONTRACTOR’S LIMITATIONS

ON SUBCONTRACTING CERTIFICATION

From:

Contractor Name, Street Address, City, State, Zip To:

Name of Contracting Officer, Naval Facilities Engineering Systems Command, Atlantic Subj:

Contract No. N62470-XX-X-XXXX

1. Prime contractor is to complete and submit the following at the completion of the base period and each subsequent option period.

Block 1

Period of Performance

Block 2

Task Order #

(list TO#) Block 3

Total Amount Paid to Prime by the Government

Block 4

Amount Paid ($) by Prime to Similarly Situated Entities Block 5* Amount Paid ($) by Prime to Subcontractors

Block 6 % Paid to Prime + Similarly Situated Entities Block 7* % Paid to Subcontractors

Base Period

(Insert reporting period dates)

TO # 0001

TO # 0002

** add rows here

TOTAL FOR REPORTING PERIOD

Base Period

(Insert reporting period dates)

TO XXXX

TO XXXX

Etc.

** add rows here

TOTAL FOR REPORTING PERIOD

TOTAL PERFORMANCE PERIOD (Base Year)

*Do not include similarly situated entities.

2. Furthermore, in accordance with the provisions of FAR 52.219-14, Limitations on Subcontracting (DEVIATION 2021-O0008) (SEPT 2021), all small business concerns agree that in performance of a contract assigned a North American Industry Classification System (NAICS) code for:

FORMCHECKBOX

Services (except construction), your Company Name will not pay more than 50 percent of the amount paid by the Government, excluding certain other direct costs and certain work performed outside the United States (see paragraph a and b), to subcontractors that are not similarly situated entities. Any work that a similarly situated entity further subcontracts will count toward the prime contractor’s 50 percent subcontract amount that cannot be exceeded. When a contract includes both services and supplies, the 50 percent limitation shall apply only to the service portion of the contract. The following costs may be excluded from the 50 percent limitation:

a. Other direct costs are excluded to the extent they are not the principal purpose of the contract and cannot be obtained from small business concerns. Examples include airline travel, work performed by a transportation or disposal entity under a contract assigned the environmental remediation NAICS code 562910), cloud computing services, or mass media purchases.

b. Work performed outside the United States on awards made pursuant to the Foreign Assistance Act of 1961, or work performed outside the United States required to be performed by a local contractor.

FORMCHECKBOX

Supplies or products (other than procurement from a non-manufacturer of such supplies), your Company Name will not pay more than 50 percent of the amount paid by the Government for contract performance, excluding the cost of materials, to subcontractors that are not similarly situated entities. Any work that a similarly situated entity further subcontracts will count towards the 50 percent subcontract amount that cannot be exceeded. When a contract includes both supplies and services, the 50 percent limitation shall apply only to the supply portion of the contract;

FORMCHECKBOX

General construction, your Company Name will not pay more than 85% of the amount paid by the Government for contract performance, excluding the cost of materials, to subcontractors that are not similarly situated entities. Any work that a similarly situated entity further subcontracts will count towards the 85 percent subcontract amount that cannot be exceeded. Any work that a similarly situated entity further subcontracts will count toward the prime contractor’s 85 percent subcontract amount that cannot be exceeded; or

Construction by special trade contractors, your Company Name will not pay more than 75% of the amount paid by the Government for contract performance, excluding the cost of materials, to subcontractors that are not similarly situated entities. Any work that a similarly situated entity further subcontracts will count towards the 75 percent subcontract amount that cannot be exceeded.

Any work that a similarly situated entity further subcontracts will count toward the prime contractor’s 75 percent subcontract amount that cannot be exceeded.

For Joint Venture Offerors : Your JV Name proposing as joint venture agrees that, in the performance of the contract, the applicable percentages specified in paragraph 2 above, will be performed by the aggregate of the joint venture participants.

FORMCHECKBOX

I certify that to the best of its knowledge and belief, the information provided in this report is accurate, complete, and current as of the date of report.

CONTRACTOR:

SIGNATURE

NAME AND TITLE

DATE