LOS certification 9.8.2020.doc

Subject:

Contractor Certification of Compliance with 13 C.F.R. 125.6

DATE:

Contractor Point of Contact

Business Name

DUNS #:

Solicitation Number:

Offerors are required to comply with 13 C.F.R. 125.6. Offerors shall check the applicable certification and complete the subcontractor information below:

[ ] I certify that no subcontractors are anticipated in performing services under this contract. My Company receives 100% of the cost of this contract.

[ ] I certify that my company and those subcontractors that are similarly situated are estimated to receive at least 50% of the value of this contract. I understand that a similarly situated subcontractor must meet the same socio-economic category and the size standard for the NAICS assigned by the Contracting Officer. Please provide the following information to identify and calculate the cost of the work self-performed and what is subcontracted.

NOTE: “Similarly Situated” as defined in 13 C.F.R. 126.6 means that the subcontractor has the same socio-economic category, size standard, certification or verification as the prime.

For Example:

· A subcontractor Small Business; WOSB/EDWOSB; HUBZone, SDB, or 8a would be similarly situated if the prime is the same socio-economic category and size standard under the NAICS associated with the procurement.

· A subcontractor verified SDVOSB/VOSB would be similarly situated if the prime is also a VA CVE verified SDVOSB/VOSB under the NAICS associated with the procurement.

For each subcontractor provide the following: business name, DUNs number, description of work, Percentage COST of Contract.

Value of work in %

Total % of value of contract by Prime Contractor ____________ Total % of value of contract by similarly situated subcontractors ____________

WARNING: Severe Penalties for Contractors that violate the Limitations on Subcontracting Rule: If caught during the performance violating the FAR government subcontracting rules or limitations on subcontracting clause under the Code of Federal Regulations 13 C.F.R. 125.6(g), there can be stiff penalties: “Whoever violates the requirements set forth in paragraph (a) of this section shall be subject to the penalties prescribed in 15 U.S.C. 645(d), except that the fine shall be treated as the greater of $500,000 or the dollar amount spent, in excess of permitted levels, by the entity on subcontractors. A party's failure to comply with the spirit and intent of a subcontract with a similarly situated entity may be considered a basis for debarment on the grounds, including but not limited to, that the parties have violated the terms of a Government contract or subcontract pursuant to FAR 9.406-2(b)(1)(i) (48 CFR 9.406-2(b)(1)(i)).” Contracting Officers may require the contractor to demonstrate its compliance with the limitations on subcontracting at any time during the performance of the contract by having the Contractor provide invoices, copies of subcontracts, or a list of the value of tasks performed.

I certify the above representations are true and correct to the best of my knowledge.

(Contractor)

Date

Return this certification via email to: CO NAME