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 for VA solicitations involving supplies or products.

The clause establishes subcontracting limitations for offerors on VA contracts, requiring compliance with 38 U.S.C. 8127(k)(2). For supply and product contracts (excluding non-manufacturers), contractors cannot pay more than 50% of government payment to non-VIP-listed SDVOSBs or VOSBs, with similar VIP-listed subcontractor work counting toward the 50% limit; material costs are excluded. For contracts from nonmanufacturers, offerors must supply products from domestic small business manufacturers or processors unless an SBA waiver is granted. The clause requires offerors to certify as either a manufacturer/producer (with U.S. manufacturing) or nonmanufacturer (meeting specific criteria including employee count limitations, engagement in retail/wholesale trade, and ownership/possession of items). For multiple-item acquisitions, at least 50% of estimated contract value must be composed of items manufactured by small businesses, unless an SBA waiver applies. Offerors acknowledge the certification concerns federal jurisdiction, Title 18 liability, and potential penalties for false certification. The VA may require documentation demonstrating compliance at any time during performance or upon completion. The clause includes a signature block requiring the offeror's authorized representative to certify compliance and provide company name, signee name, title, and date.