LoS Certificate of Compliance_Return with Quote.pdf
PDF 459 KB Posted
- Attached to
- 4110--Pharmacy Refrigerators Federal contract opportunity
- Solicitation number
- 36C26226Q1085
About this file
This document is a VA Notice of Limitations on Subcontracting—Certificate of Compliance form for supplies and products, effective January 2023, serving as a deviation from standard FAR provisions.
The form requires offerors to certify compliance with subcontracting limitations established under 38 U.S.C. 8127(l)(2) for Service-Disabled Veteran-Owned Small Business (SDVOSB) and Veteran-Owned Small Business (VOSB) contracts. Offerors must select one of two pathways: (1) for supply or product contracts other than from nonmanufacturers, they certify they will not pay more than 50 percent of the government-paid amount to firms that are not certified SDVOSBs or VOSBs listed in the SBA certification database, with any further subcontracting by these certified firms counting toward the 50 percent limitation and material costs excluded; or (2) for contracts from nonmanufacturers, they certify they will supply products from domestic small business manufacturers or processors unless a waiver is granted. Offerors must also represent themselves as either manufacturers/producers with U.S.-manufactured end items or as nonmanufacturers meeting specific criteria, including not exceeding 500 employees (or 150 for IT Value Added Resellers), being primarily engaged in retail or wholesale trade, and taking ownership or possession of items with their own personnel, equipment, or facilities. The certification carries criminal and civil penalties under 18 U.S.C. 1001 for false statements, with potential consequences including referral to the VA Suspension and Debarment Committee, fines under the Small Business Act, or prosecution. Contracting officers may require compliance demonstrations at any time during or after contract performance through invoices, subcontract copies, or task value lists. The completed, signed certification must be submitted with the offer; failure to provide it renders the response ineligible for evaluation and award.
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| File | Type | Posted |
|---|---|---|
| 36C26226Q1085.docx | DOCX document |
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Text version
VAAR 852.219-76 VA NOTICE OF LIMITATIONS ON SUBCONTRACTING—
CERTIFICATE OF COMPLIANCE FOR SUPPLIES AND PRODUCTS (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:
[Offeror fill-in—check applicable box below.]
(i) [ ] In the case of a contract for supplies or products (other than from a nonmanufacturer of such supplies), it 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. Cost of materials are excluded and not considered to be subcontracted.
(ii) [ ] In the case of a contract for supplies from a nonmanufacturer, it will supply the product of a domestic small business manufacturer or processor, unless a waiver as described in 13 CFR 121.406(b)(5) is granted. The offeror understands that, as provided in 13 CFR 121.406(b)(7), such a waiver has no effect on requirements external to the Small Business Act, such as the Buy American Act or the Trade Agreements Act.
(2) Manufacturer or nonmanufacturer representation and certification. [Offeror fill-in—check applicable box below. The offeror must select the applicable provision below, identifying itself as either a manufacturer or nonmanufacturer]
(i) [ ] Manufacturer or producer. The offeror certifies that it is the manufacturer or producer of the end item being procured, and the end item is manufactured or produced in the United States, in accordance with paragraph (a)(1)(i).
(ii) [ ] Nonmanufacturer. The offeror certifies that it qualifies as a nonmanufacturer in accordance with the requirements of 13 CFR 121.406(b) and paragraph (a)(1)(ii). The offeror further certifies it meets each element below as required in order to qualify as a nonmanufacturer.
[ ] The offeror certifies that it does not exceed 500 employees (or 150 employees for the Information Technology Value Added Reseller exception to NAICS code 541519, which is found at 13 CFR 121.201, footnote 18).
[ ] The offeror certifies that it is primarily engaged in the retail or wholesale trade and normally sells the type of item being supplied.
[ ] The offeror certifies that it will take ownership or possession of the item(s) with its personnel, equipment, or facilities in a manner consistent with industry practice.
(3) 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.
(4) 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 or to determine whether the offeror qualifies as a manufacturer or nonmanufacturer in compliance with the limitations on subcontracting requirement. 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. 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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