S02 - ATTACHMENT 18 - Limitations on Subcontracting - Jan 2023.pdf
PDF 93 KB Posted
- Attached to
- EHRM Infrastructure Upgrades West Campus – North Chicago - Construction Federal contract opportunity
- Solicitation number
- 36C77623B0019
About this file
This document contains a certification of compliance with limitations on subcontracting for services and construction contracts awarded by the Department of Veterans Affairs. The certification requires that for a general construction contract, no more than 85% of the amount paid by the government can be paid to firms that are not certified as service-disabled veteran-owned small businesses or veteran-owned small businesses as listed in the SBA certification database. Any work subcontracted to similarly situated certified SDVOSBs or VOSBs would count toward the 85% limit. The contractor must provide documentation to demonstrate compliance with the subcontracting limitations if requested by the contracting officer at any time during contract performance or completion. Failure to provide requested documents may result in remedial actions deemed appropriate by the government.
The related federal contract opportunity is for construction services for EHRM Infrastructure Upgrades at the West Campus of the North Chicago VA Medical Center, solicited by the VA Technology Acquisition Center in Austin.
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Text version
VAAR 852.219-75 VA Notice of Limitations on Subcontracting—Certificate of Compliance for Services and Construction (JAN 2023)(DEVIATION)
(a) Pursuant to 38 U.S.C. 8127(k)(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:
(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 SDVOSB/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.
(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 section 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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