VA Notice of Limitations on Subcontracting.pdf

This document is a VA Notice of Limitations on Subcontracting - Certificate of Compliance for Supplies and Products (NOV 2022), which establishes certification requirements for contractors bidding on VA supply and product contracts.

The clause requires offerors to certify compliance with subcontracting limitations based on contract type. For supply or product contracts (non-manufacturer), contractors must not pay more than 50% of the government-paid amount to non-VIP-listed SDVOSBs or VOSBs. For nonmanufacturer contracts, the offeror must supply products from domestic small business manufacturers or processors unless a waiver is granted under 13 CFR 121.406(b)(5). Offerors must identify themselves as either a manufacturer/producer or nonmanufacturer and complete corresponding certifications. If a nonmanufacturer, the offeror must certify it does not exceed 500 employees (150 for Information Technology Value Added Resellers under NAICS 541519), is primarily engaged in retail or wholesale trade, and will take ownership of items in an industry-standard manner. For multiple-item acquisitions, at least 50% of the estimated contract value must consist of items manufactured by small businesses, unless an SBA waiver applies. Offerors must acknowledge that false or fraudulent certifications may result in criminal, civil, or administrative penalties. The VA may require contractors to provide documentation demonstrating compliance at any time during performance. The formal certification must be completed, signed, and returned with the bid or proposal; failure to provide it renders the offer ineligible for award.