S02 VAAR Clause 852.219-76 - Limitations on Subcontracting Certificate of Compliance - Supplies..docx

VAAR 852.219-76: VA NOTICE OF LIMITATIONS ON SUBCONTRACTING —CERTIFICATE OF COMPLIANCE FOR SUPPLIES AND PRODUCTS (OCT 2026) (DEVIATION)

(a) Pursuant to 38 U.S.C. 8127(l)(2), the offeror certifies that—

(1) If awarded a contract, it will comply with the limitations on subcontracting requirement as provided in the solicitation and the resultant contract, as follows:

(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.

(ii) [ ] Nonmanufacturer. The offeror certifies that it qualifies as a nonmanufacturer in accordance with the requirements of 13 CFR 121.406(b). The offeror further certifies it meets each element below, as required, in order to qualify as a nonmanufacturer.

A. [ ] 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).

B. [ ] The offeror certifies that it is primarily engaged in the retail or wholesale trade and normally sells the type of item being supplied.

C. [ ] 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.

D. [ ] The offeror certifies that it will supply the end item of a small business manufacturer, processor, or producer made in the United States.

(1) If this acquisition is utilizing a waiver or waivers SBA has granted for the end items being acquired, 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 statute or the Trade Agreements Act.

(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 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. The government 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) This full clause (paragraphs (a) through (d)) should be returned with the offeror’s bid, quotation, or proposal and the certification provided in this paragraph (d) must be completed and executed. The Government cannot award a contract to any offeror without this completed and executed clause. The offeror certifies that if awarded the contract, it will comply with the limitations on subcontracting specified in this clause and in the resultant contract. The undersigned certifies that they are authorized to execute this certification on behalf of the offeror.

Printed Name of Signee: _________________________________________ Printed Title of Signee: ___________________________________________ Signature: _____________________________________________________ Date: _________________________________________________________

(End of Clause) VAAR 852.219-76: VA Notice of Limitations on Subcontracting—Certificate of Compliance for Supplies and Products.