S02 - Attachment 3_AE LOS CERT (MANDATORY) (2 pages).docx

Subject: Compliance with 13 C.F.R. 125.6

DATE: _______________________________

A/E Firm (Contractor) Point of Contact:

SAM Unique Entity ID Number:

Offerors are required to comply with 13 C.F.R. 125.6. In accordance with 13 C.F.R. 125.6(1) “In the case of a contract for services (except construction), it will not pay more than 50% of the amount paid by the government to it to firms that are not similarly situated. Any work that a similarly situated 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, such as 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. In addition, work performed overseas on awards made pursuant to the Foreign Assistance Act of 1961 or work required to be performed by a local contractor, is excluded.”

Offerors are to check which block applies:

[ ] 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 size standard for NAICS assigned by the prime and must be in certified in VIP. The following information identifies and calculates the cost of the work self-performed and what is subcontracted.

For each subcontractor provide the following: business name, Unique Entity Identifier ID number, description of work, Percentage COST of Contract.

CONTRACTOR

SAM UNIQUE ENTITY

ID NUMBER

DESCRIPTION OF WORK

VALUE OF WORK IN %

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.

IAW 1001 of Title 18, I certify the above representations are true and correct to the best of my knowledge.

RETURN THIS CERTIFICATION FULLY EXECUTED VIA EMAIL ALONG WITH YOUR SF 330 PACKAGE AT: rey.clemente@va.gov