VA Notice of Limitations on Subcontracting.pdf

This document is a VA Notice of Limitations on Subcontracting - Certificate of Compliance for Supplies and Products (November 2022), which is a required federal contracting clause template to be inserted into VA solicitations per 819.7011(c).

The clause establishes subcontracting limitations and certification requirements for VA contract awards involving supplies or products. For non-manufacturer supply contracts, offerors must not subcontract more than 50% of government payment to non-VIP-listed SDVOSBs or VOSBs, with work by similarly situated VIP-listed subcontractors counting toward the 50% limit and material costs excluded. For nonmanufacturer contracts, offerors must supply products from domestic small business manufacturers or processors unless an SBA waiver is granted. Offerors must certify their status as either a manufacturer/producer (with U.S.-manufactured end items) or a nonmanufacturer meeting specific criteria: not exceeding 500 employees (or 150 for IT Value Added Resellers under NAICS 541519), primarily engaged in retail or wholesale trade, taking ownership of items with their own personnel and equipment, and supplying small business manufacturer products unless waivered. For multiple-item acquisitions, offerors must certify that at least 50% of estimated contract value comprises small-business-manufactured items unless waivered. The certification is subject to Title 18 USC Section 1001, with violations potentially resulting in criminal, civil, or administrative penalties. Contracting officers may require contractors to demonstrate compliance through documentation including invoices, subcontracts, or task value lists. The completed, signed certification must accompany all bids, quotations, or proposals, with non-compliant responses deemed ineligible for award. A certification template is provided requiring signatory name, title, signature, date, and company information.