36C24624R0028.docx

SUBJECT*

Replace Nurse Call System Request for SF 330s Project #558-23-154

GENERAL INFORMATION

508 Fulton Street

Durham NC

CONTACT INFORMATION

CONTRACTING OFFICE ADDRESS

Department of Veterans Affairs Network Contracting Office 6 100 Emancipation Drive Hampton VA 23667

POINT OF CONTACT*

Contracting Officer Vangie Miller Vangie.Miller@va.gov 757-315-3999

ADDITIONAL INFORMATION

Presolicitation Notice Presolicitation Notice

Presolicitation Notice

This request for A-E firm qualifications packages is 100% set-aside for Service-Disabled Veteran Owned Small Business (SDVOSB) concerns under VAAR 852.219-73, VA Notice of Total Set-Aside for Certified Service-Disabled Veteran-Owned Small Businesses (Jan 2023) (Deviation) THIS IS NOT A REQUEST FOR PROPOSAL. THIS IS A REQUEST FOR SF 330'S ARCHITECT- ENGINEER QUALIFICATION PACKAGES ONLY.

PUBLIC ANNOUNCEMENT FOR PROCUREMENT OF ARCHITECT-ENGINEERING (A-E) SERVICES: This is a request for Standard Form 330, Architect-Engineer Qualifications only. A-E Services are being procured in accordance with the Selection of Architects and Engineers Statute (Public Law 92-582), formerly known as the Brooks Act, and implemented in Federal Acquisition Regulation (FAR) subpart 36.6. All submissions will be evaluated in accordance with the below selection criteria. The Government will not pay, nor reimburse, any costs associated with responding to this request. The Government is under no obligation to award a contract as a result of this announcement. Firms will be selected based on demonstrated competence and qualifications for the required work. Any resulting award for the proposed A-E services will be procured under a negotiated Firm-Fixed Price contract.

GENERAL INFORMATION:

The Department of Veterans Affairs, Durham Veterans Administration Health Care System, is seeking sources and intends to award a firm fixed-price contract for Architect-Engineering (A-E) firm to provide Schematics, Design Development, Construction Documents, Technical Specifications, Construction Period Services, Site Visits, Cost Estimates, As-Built Documentation, and all other related information for Project # 558-23-154, “Replace Nurse Call System” located at 508 Fulton Street, Durham, North Carolina 27705.

The A-E Services listed herein is being procured in accordance with the Federal Acquisition Regulation (FAR) 36.6 and VAAR 836.6. Potential contractors must be registered in SAM (www.sam.gov) and visible/certified in the SBA certification database at https://veterans.certify.sba.gov/ at time of submission of their qualifications in order to be considered for an award. As a prospective offeror for this Service-Disabled Veteran-Owned Small Business (SDVOSB) set aside, you are verifying your company meets the status requirements of a SDVOSB concern as established by VAAR 852.219-73.

Pursuant to 38 U.S.C. 8127(l)(2), all interested firms are required to submit the certification at VAAR 852.219-75 VA Notice of Limitations on Subcontracting – Certificate of Compliance for Services and Construction (Jan 2023) (Deviation) with their qualification package. The Government will not consider submissions from firms that do not provide the signed certification, and all such responses will be deemed ineligible for evaluation and award.

The Durham VA Health Care System is a working facility and phasing plans for minimizing downtime, and provisions for continuation of service during outages is critical to this project.

Point of Contact: Vangie Miller, Contracting Officer Email: Vangie.Miller@va.gov

PROJECT INFORMATION:

Project No. 558-23-154 Project Title: A-E: Replace Nurse Call System Durham VA Health Care System 508 Fulton Street Durham, NC 27705 The NAICS Code for this procurement is 541330, Engineering Services, and the applicable Small Business Size Standard is $25.5 million annual revenue. The projected award date for the anticipated A-E contract is on or before May 14, 2024.

The NAICS code for the anticipated Construction project is projected to be 236220 and magnitude of construction is predicted to be between $5,000,000 and $10,000,000. The anticipated award date of the construction phase of the project is to be determined (TBD).

An Architect & Engineer (A-E) contract will be negotiated for the development of complete construction documents which include working drawings, specifications, reports, and construction period services. The A-E will be given written information; participate in project planning meetings, pre-proposal meeting, and pre-construction meeting as required; communicate with VA personnel via telephone or e-mail; and is expected to coordinate so that the final documents include all requirements in accordance with industry standard practices, VA standards, VA design manuals, and review comments.

STATEMENT OF TASK/SCOPE OF WORK:

PART A – SCOPE OF WORK

Architect-Engineer (A/E) Services shall include:

1. Provide a design narrative, drawings, specifications, and a cost estimate at 30%, 60%, 95%, and 100% design stages for project # 558-23-154. The 100% submission shall be stamped by a licensed engineer to include, but not limited to, drawings, specifications, estimate and calculations. This project will design and engineer a facility-wide replacement for the current Nurse Call System (Rauland Responder IV). The construction to be designed for this project will include, but is not limited to, removal of existing equipment (servers, cabinets, etc…), provision and installation of new equipment, removal of old conduit and wire, and installation of new conduit and wire compatible with new system. Design shall comply with VA guidelines and specifications. Design manuals and specifications can be found at https://www.cfm.va.gov/til/index.asp .

The design shall include but is not limited to the following:

· Comprehensive review of the existing conditions required to complete the design or cost estimate, and of other projects in-progress that will impact this scope, including projects that are in planning at the time of design.

· Interviews with VA engineers, medical staff, and support staff. These interviews shall be documented and presented in the design report and with each submission.

· Detailed calculations to determine current and projected future demand for the conditioned spaces. Consider any existing and future plans for these spaces and the potential to expand the footprint of the zone served.

· Summary of findings from the review of building records, reports, plans, and interviews with station personnel.

2. Provide construction period services, which shall include but are not limited to submittal review, RFI response, periodic and final site inspections, and as-built preparation.

3. Construction Amount: The project will provide information for the VA to determine the scope and cost requirements of this construction work project. The project is to be designed within an estimated base construction cost between $5,000,000 and $10,000,000.

4. Provide all necessary site visits for design and construction in addition to the visits listed under construction period services.

5. All work to be performed for this project must meet all Safety of Life codes, National Fire Protection (NFPA); National Electric Code (NEC); National Electrical Manufacturers Association (NEMA); Energy Independence and Security Act of 2007 (EISA 2007); Building Industries Communications Services Installation (BICSI); American Society of Mechanical Engineers (ASME); American National Standards Institute/Electronic Industries Association/Telecommunications Industry Association (ANSI/EIA/TIA); Underwriters Laboratory, Inc. (UL); Institute of Electrical and Electronics Engineers (IEEE); Federal, State, and Local regulations and codes; VA design standards and specifications; and the Joint Commission on Accreditation of Hospitals Organization (JCAHO) standards and guidelines.

6. The following parameters shall be used for performing the analysis:

· 20-year life-cycle period for system comparisons

· Factor in system upgrades (e.g. 5-year cycles)

· 7% Discount Factor

· Neither includes taxes, nor insurance while computing cost.

7. Design is to be accomplished using AutoCAD 2016 or compatible format. Design and cost estimates to be in compliance with the A/E submission requirements listed on the VA website (https://www.cfm.va.gov/til/aeDesSubReq.asp).

8. Deliverables:

· Design Scope: Once alternatives/options are selected, A/E shall develop and provide a complete set of drawings and specifications for bidding and construction purposes which encompass the previously selected options. The package shall contain Architectural, and MEP drawings of sufficient detail that the construction contractor can accomplish the modifications with a minimum of additional guidance. Additionally, the A/E shall provide a detailed cost estimate of the project construction costs, and a constructability analysis identifying the most efficient, cost-effective ways to accomplish the construction while allowing for the least disruption of hospital operations. The A/E shall provide detailed drawings and instructions for isolating zones that will be used for maintenance, repair, and new construction. The following A/E design submissions shall be in accordance with the A/E requirements listed on the VA website.

· Part I: Feasibility Study/Options: Prior to the initiation of any detailed design, the A/E shall, in conjunction with representatives of the Engineering Department, conduct inspections of the existing facilities, document code compliance issues, develop various alternatives, and conduct feasibility analyses of these alternatives. NOTE: Specifications are not required with the Preliminary and Schematic Design submissions. Investigation shall include following.

· Investigate with Engineering Service Project Engineer staff the existing construction record documents, equipment work orders, etc.

· Identify the range of systems available for installation and their advantages and disadvantages to the Government.

· Consult with hospital staff to propose construction phasing plans that maintain patient care services at maximum feasible levels while facilitating efficient and expeditious construction activity.

· Part II: 30% Submission: The requirements are working drawings at the 30% stage, isolation schematic, marked-up specifications, and a preliminary construction cost estimate. Submit 1 full size set of drawings (30”x42”) on bond paper, 6 half size set of drawings (22” x 34”) on bond paper, 1 copy of the marked-up specifications, and 1 copy of the preliminary construction cost estimate.

· Part III: 60% Submission: The requirements are working drawings at the 60% stage, isolation schematic, marked-up specifications, and a detailed construction cost estimate showing a quantitative survey of all labor and material, drafted Durham PCRA and NEPA Environmental Compliance form. Submit 1 full size set of drawings (30”x42”) on bond paper, 6 half size set of drawings (22” x 34”) on bond paper, 2 copies of the marked-up specifications, 1 copy of the detailed construction cost estimate, and an electronic copy of the drawings (.pdf and AutoCAD) and specifications on a DVD.

· Part IV: 95% Submission: The requirements are complete construction drawings showing all details and views, updated and detailed isolation schematic, updated detailed cost estimate, finalized specifications, and finalized PCRA and NEPA forms. Submit 1 full size set of drawings (30”x42”) on bond paper, 6 half size set of drawings (22” x 34”) on bond paper, 4 copies of the marked-up specifications, 1 copy of the detailed construction cost estimate, and an electronic copy of the drawings (.pdf and AutoCAD) and specifications on a DVD.

· Part V: 100% Submission: Provide 2 sets (one set being unbound) of drawings and new isolation zone maps (30”x42”) on bond paper, 8 sets of half size drawings and new isolation zone maps on bond paper, 2 sets of unbound specifications, 4 sets of bound isolation zone instructions, and an electronic copy of the drawings and isolation zone maps (.pdf and AutoCAD); and specifications and isolation zone instructions (.docx and .pdf) on a DVD. Drawings, specifications, estimate and calculation shall be stamped by a licensed engineer.

9. The design deliverables must adhere to the following requirements:

· Specifications: The project specifications shall be prepared in Microsoft Word by the A/E from the VA Master Specifications. The general format shall include; Part 1-General, Part 2-Products, and Part 3-Execution. Part 1 verbiage shall include the general requirements, identify applicable standards, and identify submittals required for a particular specification. This information should be directly related and correspond to a specific submittal number enumerated in the Submittal Register as identified in Para. 11 below. Part 2 shall include description of the salient characteristics of the products. Part 3 shall include a description of the methods used to install items of construction. The A/E shall identify all VA Master Specification sections applicable to the project and edit them accordingly to fit the scope of work. If additional specification sections are needed that are not listed in the VA Master Specs, the A/E is responsible to write and edit an appropriate CSI format specification section. Specifications shall be printed on 8 ½” x 11” bond paper using 12pt Times-New-Roman fonts. The A/E shall incorporate into the specifications and its construction site inspection procedures the applicable Infection Control and Dust Control provisions.

· Construction Cost Estimates: The A/E shall prepare a Construction Cost Estimate in Microsoft Excel using the CSI 34-division format. The Cost Estimates shall include a copy of the quantity take-offs, breakdown of individual line items that accurately reflect the quantity take-off of the various categories of work involved, unit of measure, quantities, unit cost, 10% overhead, and 10% profit. All cost data shall be taken from the most current version of a recognized industry standard, e.g. Means Estimating Guides. For items that are not in the industry standards, vendor quotes and justification for labor hours shall be provided. Construction Cost Estimates shall be submitted with 30%, 60%, 95%, and 100% design reviews. As part of the cost estimating effort, the A/E shall provide a Schedule of Values such that discrete elements of the Specifications are identified and may be used in negotiations with a proposal bidder.

· Submittal Register: The A/E shall develop a list of all uniquely identified submittals required by the specifications in Section 1 of each individual specification. The register should include specification reference, and item to be reviewed/approved and correspond to the Submittal Requirements as identified in the Specification Section addressed in paragraph above. A/E shall use Primavera Submittal Exchange.

· Narratives: Written narratives shall be used as part of each design submission. The narrative should be used to elaborate on and provide an explanation of key design decisions by A/E and/or the VA, objectives, obstacles, alternatives and resolutions, design issues or decisions relating to constructability, and in general to communicate all information relevant to the design submission.

· Reproduction: The A/E shall be responsible for all reproduction during design; however, only materials which are submitted to the VA for design reviews shall be reimbursable. All other reproduction for in-house reviews, consultants, etc. shall not be reimbursed. At the completion of design, the A/E shall be required to print up to fifty (50) construction document bid sets on a reimbursable basis (to be supported by invoice). Note that all bid administration activities will be performed by the VA Contracting office.

10. Submission Due Dates:

Note: The VA will have 21 days to review each submission

11. Provide construction period services which shall include the following:

· Pre-Construction Meeting: Participate and facilitate this meeting in conjunction with the Contracting Officer and COR, contractor, and representatives of the Building Committee as needed. At this meeting the staging area and work site rules shall be discussed again with the contractor (these should already be included in the specifications). Contract specifications should require a construction schedule submitted within 10 working days from the Notice to Proceed.

· Submittal Review and Logs: Designer shall prepare and maintain a log of key submittals and also of RFIs and provide the same to the Contracting Officer and COR. Reviewed submittals are to be returned within 10 working days to the COR. Designer is fully responsible for review of all submittals, retaining a record copy of submittals for turn over to the owner upon project completion, and communication with the contractor regarding any deficiencies or changes required to the submittals.

· Response to RFIs: The A/E shall be responsible for evaluating RFIs to determine if a change will be required. The A/E shall then provide recommendations to the Contracting Officer. Within 2 business days, the A/E shall provide in writing the information, clarification or revision material needed to properly answer the RFI and to resolve the issue. The A/E shall include a cost/credit estimate for RFIs which result in a change to contract cost.

· Construction Change Orders: Designer shall prepare the Statement of Work and Cost estimates (returned within 10 working days) as needed.

· Monthly Site Inspections: Designer shall meet monthly with the contractor, COR and others needed to inspect the progress of the construction and report any deficiencies to the same.

· Monthly Progress Meetings: In conjunction with the monthly site inspection, the designer shall hold formal progress meetings with contractor, contracting officer, and COR. At these meetings the agenda shall contain a narrative of work completed the previous month, work upcoming, submittals or RFIs outstanding, schedule update, any special coordination items requiring actions, and discussion of change orders or time extension requests. Minutes of this meeting shall be issued within 3 working days of the meeting.

· Project Close Out: Designer shall receive notice of intent for final inspection from the contractor, and contractor shall propose a time and place for this to occur in conjunction with the Contracting Officer and the COR. Following the final inspection, the designer shall issue a punch list. Contract documents shall specify that the contractor has 15 working days to complete the punch list and notify the designer for re-inspection. Following re- inspection and project acceptance the closeout phase will occur.

· Record Drawing Submission: Provide 2 updated set of drawings (30”x42”) on bond marked as “As-built Drawings” that include the contractor’s mark-ups and also an electronic copy of these updated drawings on DVD.

12. Period of Performance

· Design completion: 219 calendar days; includes VA design reviews

· Procurement timeframe: 180 days from the time Engineering submits package to contracting. Designer shall answer pre-bid RFIs and provide updated construction documents to capture any changes made through the procurement process.

· Construction period services: 730 calendar days from construction award date

· Total contract period: 1,129 calendar days

PART B - Supplement “B”

1. Government Supplied:

· The facility record drawings and AutoCAD files are available for the A/E’s use. NOTE: Not all record drawings are available on AutoCAD. Additionally, it is emphasized that the accuracy of facility record drawings must be field verified by the A/E. Prints of any current as-built drawings shall be made available to the A/E during any of his site visits if requested. The VA Engineering Department drawing files, large size copier and paper will be made available for use by the A/E for this purpose.

· The project design shall be completed in accordance with this A/E scope and all appropriate Department of Veterans Affairs (VA) standards, specifications, and other criteria otherwise required by the VA. The A/E shall retrieve all VA design information and standards from the VA Office of Construction and Facilities Management Web Site (https://www.cfm.va.gov/). These documents and all national, state, and local codes adopted and used by the VA shall be incorporated in the design of this project and reflected in the construction cost estimate. The following references, as applicable, shall be utilized for planning and design purposes:

National CAD Standard Details PG-18-4 A. VHA Program Guide PG-18-3 B. VA Master Construction Specifications C. PG 18-10 Structural Design Manual D. National Electric Code (https://neca-neis.org/home) E. PG-18-13 Barrier Free Design Handbook F. NFPA 101, Life Safety Code (https://nfpa.org) G. PG 18-10 Electrical Design Manual H. Government-furnished Record Drawings (AE to field verify conditions) I. PG-18-15 A/E Submission Requirements.

· Durham VA PICRA Form and NEPA Compliance Forms will be supplied to identify infection control and environmental risks.

(End of Statement of Work)

A-E SELECTION PROCESS:

The agency has convened an evaluation board for the evaluation of responses to this notice. Responses will be evaluated in accordance with the Selection of Architects and Engineers Statute (Public Law 92-582), formerly known as the Brooks Act, and implemented in Federal Acquisition Regulation (FAR) 36.6. Specifically, SF 330 submissions will be evaluated to identify the most highly qualified firms, using the selection criteria identified below. Discussions will be held with at least three (3) of the most highly qualified firms, in accordance with FAR 36.602-3(c). The processes at FAR 36.602-4 and FAR 36.606 will then be followed. Selected firms will be notified by telephone or email of selection and provided further instructions.

Evaluating past performance and experience may include information provided by the firm, customer inquiries, Government databases, and publicly available sources. Failure to provide requested data, accessible points of contact or valid phone numbers could result in a firm being considered less qualified. All projects provided in the SF330 must be completed by the office/branch/individual team member performing the work under this contract.

SELECTION CRITERIA: Evaluation and selection of firms will be based on submissions and direct responses to the following criteria which are numbered in descending order of importance:

1) Selection Criterion 1, Specialized Experience and Technical Competence

a. Specialized experience and technical competence in the design of medical facility communication systems in medical facility buildings of similar size (5+ story hospital) and components as may be necessary to achieve project goals. The evaluation may consider other elements such as project phasing to maintain hospital operations during construction, quality control procedures, and familiarity with VA Design Guides/Manuals, Master Specifications, and other applicable standards. These areas shall be addressed in section H of the SF 330. Additionally, prior experience of the prime and key subcontractors working together on relevant projects, as indicated in section G, will be considered in the evaluation.

b. Offeror shall provide a minimum of 3 (three) but no more than 5 (five) recent and relevant projects to demonstrate its specialized experience and technical competence. "Relevant" is defined as those task requirements identified in the RFQ's Scope of Work. "Recent" is define as services provided within the past 5 (five) years. Each project shall include the following:

i. Project title, location, and detailed narrative describing the scope of services provided, including the type of work performed by the offeror and its role in the project, i.e., prime contract, Teaming Partner, or subcontractor

1. Project Owner, owner's point of contact, including telephone number and email address.

2. Services & Deliverables provided under the contract/task order

3. Period of Performance, including start and completion dates

4. Total dollar value of the project.

2) Selection Criterion 2, Professional Qualifications

a. The architects and engineers on the firm's staff representing the project or signing/stamping drawings in each discipline must possess a minimum of five (5) years of experience and are required to be licensed, registered, or certified by a US state, the District of Columbia or a US territory. Provide professional license jurisdiction of issue and license numbers and/or proof of licensure.

b. At a minimum, the offeror shall describe the professional qualifications and not less than five (5) years of experience in the required disciplines. Disciplines required for this project include, but are not limited to: Architectural, Structural, Cost Estimation, and Project Management. The evaluation will consider education, certifications, training, registration, overall and relevant experience, and longevity with the firm.

c. Offer must include the following statement of SDVOSB compliance when submitting the personnel proposed to perform the work under this requirement:

i. “I [signatory authority]______, [company] _______ certify that the team proposed to perform under this requirements demonstrates the capability of 50% SDVOSB performance in compliance of 48 CFR 852.219-10.”

3) Criterion 3, Capacity

a. The evaluation will consider the firm’s plan and ability to meet the schedule of the overall project, as well as the available capacity of personnel in key disciplines. Provide the available capacity of required disciplines by providing current project workload, inclusive of all projects awarded during the previous 12 months and the full potential value of any current indefinite delivery contracts. Provide a draft schedule IAW the 219 calendar day period of performance required for the design of this project.

4) Criterion 4, Past Performance

a. On contracts with Government agencies and private industry in terms of cost control, quality of work, and compliance with performance schedules. CPARS data or PPQs (if no CPARS data is available) must be provided for projects submitted under Factor 1 (Specialized Experience). Please utilize the attached PPQ document, if needed. CPARS data and PPQs do not count toward the page limitation. Government Past Performance Information Systems may be accessed. Evaluating past performance and experience may include information provided by the firm, customer inquiries, Government databases, and publicly available sources. Failure to provide requested data, accessible points of contact, or valid phone numbers could result in a firm being considered less qualified. The following information is required for all projects: contract/task order number, project title, prime firm, start date, and completion date. Evaluations may also include additional performance-related from the firm, customer inquiries, Government databases, publicly available sources, and additional projects in CPARS.

5) Criterion 5, Knowledge of Locality

a. Include specific knowledge of certain local conditions or project site features, such as geological features, climatic conditions, local construction methods, construction firms, and trades labor availability, and local laws and regulations.

6) Criterion 6, Construction Period Services

a. Experience in construction period services to include professional field inspections during the construction period, review of construction submittals, support in answering requests for information during the construction period, and support of construction contract changes to include drafting statements of work, and cost estimates shall be included as an evaluation criterion when construction period services is included in the statement of work for A-E services.

The Department of Veterans Affairs shall evaluate each potential contractor in terms of the following as “M” firm meeting the synopsized selection criterion and "NM" means that the firm did not meet the synopsized selection criterion.:

Selection Criteria

1. Specialized Experience and Technical Competence

2. Professional Qualifications

3. Capacity

4. Past Performance

5. Knowledge of Locality

6. Construction Period Services

PLEASE NOTE: The A-E Evaluation Board must be provided with complete and accurate information for ALL six (6) evaluation factors above in order to rank as qualified and eligible firms. Therefore, the A-E firm must expand upon, as it deems necessary, on any evaluation factor not well demonstrated or addressed with Part 1A to Part IG and Part II of the SF330. The A-E firm shall use Part IH and/or use additional sheets to supplement/address all evaluation factors to clearly demonstrate its qualifications.

LIMITATIONS:

852.219-73 VA Notice of Total Set-Aside for Certified Service-Disabled Veteran-Owned Small Businesses.

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

SUBMISSION CRITERIA/REQUIREMENTS:

Interested firms having the capabilities to perform this work must submit:

ONE (1) ELECTRONIC SF 330, including Parts I and II, and attachments (if any) electronically to Vangie.Miller@va.gov no later than 5:00 P.M. Eastern Daylight Time on January 19, 2024.

Interested firms are responsible for ensuring electronic delivery of submission by the time and the date specified. It is highly recommended interested firms confirm electronic submissions have been received by the Contracting Officer.

Size limits of e-mails are restricted to 10MB. If more than one email is sent, please number emails in Subjects as “1 of n”. (Example: SF330 Submission, #36C24624R0028 – Replace Nurse Call System, Project #558-23-154 (1 of n, 2 of n, etc.).

All SF330 submissions shall be clearly indicated in subject line, displaying the procurement number and project title (abbreviated or shortened is okay).

Interested firms are responsible for ensuring delivery of submission.

ALL SF 330 SUBMISSIONS MUST INCLUDE THE FOLLOWING INFORMATION, EITHER ON THE SF 330 OR BY ACCOMPANYING DOCUMENT:

1) Cage Code

2) Unique Entity Identifier (UEI) Number

3) Tax ID Number

4) The E-mail address and Phone number of the Primary Point of Contact

5) SF 330 MUST INDICATE THE PERCENTAGE of the contract performance cost that will be expended by the prime firm’s employees and in which discipline(s) and subcontracted percentage of contract performance cost to be expended (and in what disciplines). Any subcontracted or otherwise business entity must be identified by name, office location and size/type of business (i.e. SDVOSB, VOSB, large, etc.).

6) A copy of the completed VAAR Clause 852.219-75 VA Notice of Limitations on Subcontracting – Certificate of Compliance for Services and Construction. (NOTE: The Government will not consider submissions from firms that do not provide the signed certification, and all such responses will be deemed ineligible for evaluation and award.)

The firm and or A-E on staff representing the project must follow State of North Carolina guidelines under State law for all licensing requirements to sign and seal drawings.

Each respondent must be able to demonstrate the ability to comply with the Limitations on Subcontracting, in accordance with FAR Clause 52.219-14 and VAAR Clauses 852.219-73 and 852.219-75.

Electronic submittals received after the date and time specified will not be considered. Late proposal rules per FAR 15.208 will be followed for late submittals. Firms not providing the required information may not be considered. All information must be included in the SF330 submission package.

It is the offeror’s responsibility to check the Contract Opportunities website at: www.SAM.gov for any revisions to this announcement prior to submission of SF330s.

VENDOR QUESTIONS:

All questions shall be submitted to vangie.miller@va.gov no later than 5:00 P.M. Eastern Daylight Time on January 8, 2024.

CLAUSES:

52.219-14 Limitations on Subcontracting.

As prescribed in 19.507(e), insert the following clause:

LIMITATIONS ON SUBCONTRACTING (OCT 2022)

(a) This clause does not apply to the unrestricted portion of a partial set-aside.

(b) Definition. Similarly situated entity, as used in this clause, means a first-tier subcontractor, including an independent contractor, that—

(1) Has the same small business program status as that which qualified the prime contractor for the award (e.g., for a small business set-aside contract, any small business concern, without regard to its socioeconomic status); and

(2) Is considered small for the size standard under the North American Industry Classification System (NAICS) code the prime contractor assigned to the subcontract.

(c) Applicability. This clause applies only to—

(1) Contracts that have been set aside for any of the small business concerns identified in 19.000(a)(3);

(2) Part or parts of a multiple-award contract that have been set aside for any of the small business concerns identified in 19.000(a)(3);

(3) Contracts that have been awarded on a sole-source basis in accordance with subparts 19.8, 19.13, 19.14, and 19.15;

(4) Orders expected to exceed the simplified acquisition threshold and that are—

(i) Set aside for small business concerns under multiple-award contracts, as described in 8.405-5 and 16.505(b)(2)(i)(F); or

(ii) Issued directly to small business concerns under multiple-award contracts as described in 19.504(c)(1)(ii);

(5) Orders, regardless of dollar value, that are—

(i) Set aside in accordance with subparts 19.8, 19.13, 19.14, or 19.15 under multiple-award contracts, as described in 8.405-5 and 16.505(b)(2)(i)(F); or

(ii) Issued directly to concerns that qualify for the programs described in subparts 19.8, 19.13, 19.14, or 19.15 under multiple-award contracts, as described in 19.504(c)(1)(ii); and

(6) Contracts using the HUBZone price evaluation preference to award to a HUBZone small business concern unless the concern waived the evaluation preference.

(d) Independent contractors. An independent contractor shall be considered a subcontractor.

(e) Limitations on subcontracting. By submission of an offer and execution of a contract, the Contractor agrees that in performance of a contract assigned a North American Industry Classification System (NAICS) code for—

(1) Services (except construction), it will not pay more than 50 percent of the amount paid by the Government for contract performance to subcontractors that are not similarly situated entities. Any work that a similarly situated entity further subcontracts will count towards the prime contractor's 50 percent subcontract amount that cannot be exceeded. When a contract includes both services and supplies, the 50 percent limitation shall apply only to the service portion of the contract;

(2) Supplies (other than procurement from a nonmanufacturer of such supplies), it will not pay more than 50 percent of the amount paid by the Government for contract performance, excluding the cost of materials, to subcontractors that are not similarly situated entities. Any work that a similarly situated entity further subcontracts will count towards the prime contractor's 50 percent subcontract amount that cannot be exceeded. When a contract includes both supplies and services, the 50 percent limitation shall apply only to the supply portion of the contract;

(3) General construction, it will not pay more than 85 percent of the amount paid by the Government for contract performance, excluding the cost of materials, to subcontractors that are not similarly situated entities. Any work that a similarly situated entity further subcontracts will count towards the prime contractor's 85 percent subcontract amount that cannot be exceeded; or

(4) Construction by special trade contractors, it will not pay more than 75 percent of the amount paid by the Government for contract performance, excluding the cost of materials, to subcontractors that are not similarly situated entities. Any work that a similarly situated entity further subcontracts will count towards the prime contractor's 75 percent subcontract amount that cannot be exceeded.

(f) The Contractor shall comply with the limitations on subcontracting as follows:

(1) For contracts, in accordance with paragraphs (c)(1), (2), (3) and (6) of this clause— [Contracting Officer check as appropriate.]

□ By the end of the base term of the contract and then by the end of each subsequent option period; or

□ By the end of the performance period for each order issued under the contract.

(2) For orders, in accordance with paragraphs (c)(4) and (5) of this clause, by the end of the performance period for the order.

(g) A joint venture agrees that, in the performance of the contract, the applicable percentage specified in paragraph (e) of this clause will be performed by the aggregate of the joint venture participants.

(1) In a joint venture comprised of a small business protégé and its mentor approved by the Small Business Administration, the small business protégé shall perform at least 40 percent of the work performed by the joint venture. Work performed by the small business protégé in the joint venture must be more than administrative functions.

(2) In an 8(a) joint venture, the 8(a) participant(s) shall perform at least 40 percent of the work performed by the joint venture. Work performed by the 8(a) participants in the joint venture must be more than administrative functions.

(End of clause) 852.219-73 VA Notice of Total Set-Aside for Certified Service-Disabled Veteran-Owned Small Businesses.

As prescribed in 819.7011, insert the following clause:

VA NOTICE OF TOTAL SET-ASIDE FOR CERTIFIED SERVICE-DISABLED VETERAN-OWNED SMALL BUSINESSES (JAN 2023) (DEVIATION)

(a) Definition. For the Department of Veterans Affairs, “Service-disabled Veteran-owned small business concern or SDVOSB”:

(1) Means a small business concern—

(i) Not less than 51 percent of which is owned by one or more service-disabled Veterans or, in the case of any publicly owned business, not less than 51 percent of the stock of which is owned by one or more service-disabled Veterans or eligible surviving spouses (see VAAR 802.101, Surviving Spouse definition);

(ii) The management and daily business operations of which are controlled by one or more service-disabled Veterans (or eligible surviving spouses) or, in the case of a service-disabled Veteran with permanent and severe disability, the spouse or permanent caregiver of such Veteran;

(iii) The business meets Federal small business size standards for the applicable North American Industry Classification System (NAICS) code identified in the solicitation document;

(iv) The business has been certified for ownership and control pursuant to 38 U.S.C. 8127, 13 CFR 128, and is listed as certified in the SBA certification database at https://veterans.certify.sba.gov/; and

(v) The business agrees to comply with VAAR subpart 819.70 and Small Business Administration (SBA) regulations regarding small business size, government contracting, and the Veteran Small Business Certification Program at 13 CFR parts 121, 125, and 128.

(2) The term “Service-disabled Veteran” means a Veteran, as defined in 38 U.S.C. 101(2), with a disability that is service-connected, as defined in 38 U.S.C. 101(16).

(3) The term “small business concern” has the meaning given that term under section 3 of the Small Business Act (15 U.S.C. 632).

(4) The term “small business concern owned and controlled by Veterans with service-connected disabilities” has the meaning given the term “small business concern owned and controlled by service-disabled veterans” under section 3(q)(2) of the Small Business Act (15 U.S.C. 632(q)(2)).

(5) The term "SDVOSB participant” or certified SDVOSB means a small business that has been certified in the SBA Veteran Small Business Certification Program and listed in the SBA certification database (see 13 CFR 128.102).

(b) General. In order for a concern to submit an offer and be eligible for the award of an SDVOSB set-aside or sole source contract, the concern must qualify as a small business concern under the size standard corresponding to the NAICS code assigned to the contract and be listed as an SDVOSB participant in the SBA certification database as set forth in 13 CFR 128.

(1) Offers received from entities that are not certified SDVOSBs and listed in the SBA certification database at the time of offer shall not be considered.

(2) Any award resulting from this solicitation shall be made to a certified SDVOSB listed in the SBA certification database who is eligible at the time of submission of offer(s) and at the time of award.

(3) The requirements in this clause apply to any contract, order or subcontract where the firm receives a benefit or preference from its designation as an SDVOSB, including set-asides, sole source awards, and evaluation preferences.

(c) Representation. Pursuant to 38 U.S.C. 8127(e), only certified SDVOSBs listed in the SBA certification database are considered eligible to receive award of a resulting contract. By submitting an offer, the prospective contractor represents that it is an eligible and certified SDVOSB as defined in this clause, 13 CFR 121, 125, and 128, and VAAR subpart 819.70.

(d) Agreement/LOS certification. When awarded a contract action, including orders under multiple-award contracts, an SDVOSB agrees that in the performance of the contract, the SDVOSB shall comply with requirements in VAAR subpart 819.70 and SBA regulations on small business size, and government contracting programs at 13 CFR part 121 and part 125, including the non-manufacturer rule and limitations on subcontracting (LOS) requirements in 13 CFR 121.406(b) and 13 CFR 125.6. For the purpose of limitations on subcontracting, only certified SDVOSBs listed in the SBA certification database (including independent contractors) shall be considered eligible and/or “similarly situated” (i.e., a firm that has the same small business program status as the prime contractor). An otherwise eligible firm further agrees to comply with the required (LOS) certification requirements in this solicitation (see 852.219-75 or 852.219-76 as applicable). These requirements are summarized as follows:

(1) Services. In the case of a contract for services (except construction), the SDVOSB prime contractor will not pay more than 50% of the amount paid by the government to the prime for contract performance to firms that are not certified SDVOSBs listed in the SBA certification database (excluding direct costs to the extent they are not the principal purpose of the acquisition and the SDVOSB/VOSB does not provide the service, such as airline travel, cloud computing services, or mass media purchases). When a contract includes both services and supplies, the 50 percent limitation shall apply only to the service portion of the contract.

(2) Supplies/products. (i) In the case of a contract for supplies or products (other than from a non-manufacturer of such supplies), the SDVOSB prime contractor will not pay more than 50% of the amount paid by the government to the prime for contract performance, excluding the cost of materials, to firms that are not certified SDVOSBs listed in the SBA certification database. When a contract includes both supply and services, the 50 percent limitation shall apply only to the supply portion of the contract.

(ii) In the case of a contract for supplies from a non-manufacturer, the SDVOSB prime contractor will supply the product of a domestic small business manufacturer or processor, unless a waiver as described in 13 CFR 121.406(b)(5) has been granted. Refer to 13 CFR 125.6(a)(2)(ii) for guidance pertaining to multiple item procurements.

(3) General construction. In the case of a contract for general construction, the SDVOSB prime contractor will not pay more than 85% of the amount paid by the government to the prime for contract performance, excluding the cost of materials, to firms that are not certified SDVOSBs listed in the SBA certification database.

(4) Special trade construction contractors. In the case of a contract for special trade contractors, no more than 75% of the amount paid by the government to the prime for contract performance, excluding the cost of materials, may be paid to firms that are not certified SDVOSBs listed in the SBA certification database.

(5) Subcontracting. An SDVOSB subcontractor must meet the NAICS size standard assigned by the prime contractor and be certified and listed in the SBA certification database to count as similarly situated. Any work that a first tier VIP-listed SDVOSB subcontractor further subcontracts will count towards the percent of subcontract amount that cannot be exceeded. For supply or construction contracts, the cost of materials is excluded and not considered to be subcontracted. When a contract includes both services and supplies, the 50 percent limitation shall apply only to the portion of the contract with the preponderance of the expenditure upon which the assigned NAICS is based. For information and more specific requirements, refer to 13 CFR 125.6.

(e) Required limitations on subcontracting compliance measurement period. An SDVOSB shall comply with the limitations on subcontracting as follows:

[Contracting Officer check as appropriate.] ____ By the end of the base term of the contract or order, and then by the end of each subsequent option period; or ____ By the end of the performance period for each order issued under the contract.

(f) Joint ventures. A joint venture may be considered eligible as an SDVOSB if the joint venture complies with the requirements in 13 CFR 128.402 and the managing joint venture partner makes the representations under paragraph (c) of this clause. A joint venture agrees that, in the performance of the contract, the applicable percentage specified in paragraph (d) of this clause will be performed by the aggregate of the joint venture participants.

(g) Precedence. The VA Veterans First Contracting Program, as defined in VAAR 802.101, subpart 819.70, and this clause, takes precedence over any inconsistencies between the requirements of the SBA Veteran Small Business Certification Program, and the VA Veterans First Contracting Program.

(h) Misrepresentation. Pursuant to 38 USC 8127(g), any business concern, including all its principals, that is determined by VA to have willfully and intentionally misrepresented a company’s SDVOSB status is subject to debarment from contracting with the Department for a period of not less than five years (see VAAR 809.406-2 Causes for Debarment).

(End of clause) 852.219-75 VA Notice of Limitations on Subcontracting—Certificate of Compliance for Services and Construction.

As prescribed in 819.7011(b), insert the following clause:

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) [ ] 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.

(ii) [ ] General construction. In the case of a contract for general construction, the contractor will not pay more than 85% 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 SDBOSB/VOSB subcontractor further subcontracts will count towards the 85% subcontract amount that cannot be exceeded. Cost of materials are excluded and not considered to be subcontracted.

(iii) [ ] Special trade construction contractors. In the case of a contract for special trade contractors, the contractor will not pay more than 75% 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.