ATTACHMENT II - Instructions for VAAR 852.219-75 UPDATED

ATTACHMENT: 852.219-75 VA Notice of Limitations on Subcontracting—Certificate of Compliance for Services and Construction.

IMPORTANT NOTICE AND INSTRUCTIONS:

THIS COMPLETED ATTACHMENT MUST BE INCLUDED WITH YOUR OFFER. Failure to return the entire clause at 852.219-75, containing a fully and properly completed certification by the time offers are due, shall result in the offer being rejected and deemed ineligible for evaluation and award. Any information required by the certification that is incomplete or incorrect shall also result in the offer being rejected and deemed ineligible for evaluation and award. VAAR 852.219-75 requires the individual executing the certification to provide all of the following information below the paragraph in the clause which begins with the word “CERTIFICATION:”

Offeror’s Name: The name shall match the actual legal name of the offeror as registered in SAM.gov. The full legal name of the entity must be entered in each separate section of the certification that contains the following brackets: [Insert Name of Offeror]. It is not sufficient to only enter the company name at the bottom of the certification - the full legal name of the entity must also be entered in the brackets referenced above. Printed Name and Title of Signee: Enter the printed name and job title of the signee. Signature: The certification statement must be signed by an individual who is authorized to execute the certification on behalf of the offeror. Date: The certification must be properly dated no later than the date offers are due. Company Name and Address: The certification must include the signee’s complete business name and address as registered in SAM.gov.

VA NOTICE OF LIMITATIONS ON SUBCONTRACTING—CERTIFICATE OF COMPLIANCE FOR SERVICES AND CONSTRUCTION (JAN 2023) (DEVIATION) (a) Pursuant to 38 U.S.C. 8127(l)(2), the offeror certifies that— (1) If awarded a contract (see FAR 2.101 definition), it will comply with the limitations on subcontracting requirement as provided in the solicitation and the resultant contract, as follows: [Contracting Officer check the appropriate box below based on the predominant NAICS code assigned to the instant acquisition as set forth in FAR 19.102.] (i) [X] Services. In the case of a contract for services (except construction), the contractor will not pay more than 50% of the amount paid by the government to it to firms that are not certified SDVOSBs listed in the SBA certification database as set forth in 852.219-73 or certified VOSBs listed in the SBA certification database as set forth in 852.219-74. Any work that a similarly situated certified SDVOSB/VOSB 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 as set forth in 13 CFR 125.6.