36C24624R0047.docx

Presolicitation Notice Presolicitation Notice

GENERAL INFORMATION

508 Fulton Street

Durham NC

CONTACT INFORMATION

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

POINT OF CONTACT*

Contract Specialist Erica Manglona erica.manglona@va.gov

ADDITIONAL INFORMATION

DESCRIPTION

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 Medical Center (VAMC), is seeking sources and intends to award a firm fixed-price contract for Architect-Engineering (A-E) firm to provide Site Prep construction project to support the new equipment. The SPS Department is located on the 2nd floor of the hospital as shown on Attachment A with the location of the existing equipment shown schematically. and all other related information for Project # 558-23-300, “Install (SPS) Sterile Processing Services” 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 Medical Center 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: Erica Manglona, Contract Specialist Email: erica.manglona@va.gov

PROJECT INFORMATION:

Project No. 558-23-300 Project Title: A/E Site Prep - Install (SPS) Sterile Processing Services Durham VA Medical Center 508 Fulton Street, Durham, North Carolina 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 June 13, 2024.

The NAICS code for the anticipated Construction project is projected to be 236220 and magnitude of construction is predicted to be between $500,000 and $1,000,000. 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.

Design shall comply with VA guidelines and specifications. Design manuals and specifications can be found at http://www.cfm.va.gov/TIL/. Design shall also meet all applicable codes and standards. Proposed work is located at the Durham VA Medical Center; The SPS Department is located on the 2nd floor of the hospital as shown on Attachment A with the location of the existing equipment shown schematically.

STATEMENT OF TASK/SCOPE OF WORK:

Architect-Engineer Services shall include:

1. Provide scope of work as needed to produce construction drawings & specifications to modify the SPS space to properly accommodate the needs of the new equipment that is being purchased.

2. Provide design investigation report and working drawings, specifications, and a cost estimate at 30%, 60%, 90% and final design stages. This project is located at 508 Fulton Street in Durham, NC, 2nd floor. The design shall include but not limited to the following:

a. Comprehensive review of the existing condition of the equipment space and the building systems (MEP) serving each one. A survey of the department was performed by the vendor for the planned equipment. The results of their findings are included as Attachment B, 2022-08-21 Durham.VAMC.SPS.Survey. However, the AE is 100% responsible for performing their own investigation.

b. Any additions and/or modifications necessary to accommodate the new equipment, including any necessary data lines. Manufacture data sheets for the new equipment listed in Part A above is included as Attachment C.

c. Review building records and investigate mechanical/electrical spaces as well as interview station personnel. Include all information obtained in the design investigation report.

d. The design shall meet the VA design guidelines as it relates to the equipment and its installation for the SPS Department, including emergency power as required.

e. Submit construction drawings and specifications in accordance with VA guidelines.

These guidelines can be found at https://www.cfm.va.gov/til/TILSiteMap.asp . The following specific manuals will also be applicable:

i. VA Electrical Design Manual (12/01/2019): https://www.cfm.va.gov/til/dManual/dmElec.pdf

ii. VA Sterile Processing Service Design Guide (rev. 09/01/2022):

https://www.cfm.va.gov/til/dGuide/dgSPS-Log.pdf

f. All finish selections to meet VA requirements and will be selected by the VA’s Interior Designer.

g. Construction Drawings

i. Architectural, plumbing, electrical and disciplines as needed to show the equipment layout and the construction required to accommodate the new equipment.

ii. Integrated phasing of how equipment replacements and renovations work shall be executed such that the department remains fully operational.

iii. Design is to be accomplished using AutoCAD or compatible format.

3. Provide construction period services which shall include, but not limited to, submittal review, answering RFIs, site visits and as-built preparation.

4. Provide all necessary site visits for design and construction not listed under construction period services, to provide constructible design documents.

5. All work to be performed for this project must meet all National Fire Protection (NFPA); National Electric Code (NEC); National Electrical Manufacturers Association (NEMA); Energy Independence and Security Act of 2007 (EISA 2007); Underwriters Laboratory, Inc. (UL); Federal, State, and Local regulations and codes; and Joint Commission on Accreditation of Healthcare Organizations (JCAHO) standards and guidelines.

6. Design must adhere to the following energy requirements:

a. All new construction shall be designed to achieve an energy consumption level that is at least 30% below the level achieved under American Society of Heating, Refrigerating, and Air-Conditioning Engineers (ASHRAE) Standard 90.1-2010, if life-cycle cost effective. Use Appendix G of ASHRAE Standard 90.1-2010 to document the energy savings.

b. Should the 30% reduction in energy consumption prove not to be life-cycle cost effective, then the A/E shall evaluate alternative designs at 5% successive decrements in order to identify the most energy-efficient design that is life-cycle cost effective.

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

a. 20 year life-cycle period for system comparisons

b. Use Public domain programs such as TRACE, E-CUBE, Carrier E20-II, etc.

c. 7% Discount Factor

d. Neither includes taxes, nor insurance while computing cost.

8. Deliverables:

a. Part I: Investigative Report: Prior to the initiation of any detailed design, the A/E shall conduct inspections of the existing facility and department and summarize findings in the report. Findings shall include but not be limited to existing conditions, code deficiencies found and upgrades required to accommodate the new equipment. NOTE: Specifications are not required with the Preliminary and Schematic Design submissions.

b. Design Scope: The A/E shall develop and provide a complete set of drawings and specifications for bidding and construction purposes which encompass the scope of work. Additionally, the A/E shall provide a detailed cost estimate of the project construction costs, to accomplish the construction while allowing for the least disruption of hospital operations. The following A/E design submissions shall be in accordance with the A/E requirements listed on the VA website.

c. Part II: 30% Submission: The requirements are working drawings at the 30% stage, marked-up specifications, and a preliminary construction cost estimate. Submit 1 full size set of drawings (30”x42”) on bond paper, 4 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.

d. Part II: 60% Submission: The requirements are working drawings at the 60% stage, marked-up specifications, and a detailed construction cost estimate showing a quantitative survey of all labor and material. Submit 4 half size set of drawings (22” x 34”) on bond paper, 2 copies of the marked-up specifications, 1 copy of the preliminary construction cost estimate, and an electronic copy of the drawings (pdf and AutoCAD) and specifications (.docx and .pdf) on a CD-ROM or DVD.

e. Part III: 90% Submission: The requirements are complete construction drawings showing all details and views, updated detailed cost estimate, and finalized specifications. Submit 4 half size set of drawings (22” x 34”) on bond paper, 2 copies of the marked-up specifications, 1 copy of the preliminary construction cost estimate, and an electronic copy of the drawings (.pdf and AutoCAD) and specifications (docx and pdf) on a CD-ROM or DVD.

f. Part IV: Final Submission: Provide 1 set of drawings (30”x42”) on bond paper, 4 sets of half size drawings on bond paper, 2 sets of specifications, and an electronic copy of the drawings (pdf and AutoCAD) and specifications (docx and .pdf) on a CD-ROM or DVD.

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

a. 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 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.

b. 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, overhead, and 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%, and 100% design reviews and for the final submission. 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.

c. 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. This submittal register should be submitted to the COR for approval in Microsoft Excel using the CSI 34-division format. 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.

d. 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.

e. Note that all bid administration activities will be performed by the VA Contracting office.

10. 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 an electronic copy of these updated drawings on CD-Rom or DVD.

11. Construction - Provide construction period services which shall include submittal review and as-built preparation.

a. Bidder Site Visit: Participate and facilitate this site visit in conjunction with the Contracting Officer and COR, contractors, and representatives of the Building Committee as needed. At this meeting, potential contractors will walk the site limits to discuss the scope of work. The AE shall also be required to evaluate RFI’s resulting from the Bidder Site Visit, in order to clarify project requirements.

b. Submittal Review and Logs: Designer shall prepare and maintain a log of key submittals and of RFIs and provide the same to the Contracting Officer and COR. Reviewed submittals are to be returned within 7 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.

c. Response to RFI’s: The A/E shall be responsible for evaluating RFI’s to determine if a change will be required. The A/E shall then provide recommendations to the Contracting Officer. Within 48 hours, 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 RFI’s which result in a change to contract cost.

d. Construction Change Orders: Designer shall prepare the Statement of Work and Cost estimates (returned within 7 working days) and track the total cost and changes to the project.

e. Site Inspections: Designer shall meet on site a minimum of three times with the contractor, COR and others needed to inspect the progress of the construction and report any deficiencies to the same.

f. Final Acceptance Testing: The design team shall provide an engineer that will conduct final acceptance testing of the building systems that were added, modified or tied into during this project. The engineer will provide a detailed acceptance test report upon project completion. The engineer will coordinate all testing with the Durham VAMC and the AHJ.

g. Project Close Out: Designer shall receive notice of intent for final inspection from the COR, 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 14 calendar days to complete the punch list and notify the designer for re-inspection. Following re-inspection and project acceptance the closeout phase will occur.

h. Record Drawing Submission: Provide 2 updated sets of drawings (22”x34”) on bond marked as “As-built Drawings” that include the contractor’s mark-ups and an electronic copy of the drawings (.pdf and AutoCAD) on a CD-ROM.

All designs shall be accomplished in accordance with VA guidelines and specifications, which are available on the Internet at http://www.cfm.va.gov/TIL/.

ESTIMATED START AND COMPLETION DATES:

The Government has determined that based on the scope of the project, the location of the work to be performed, and phasing requirements, a performance period of seven hundred thirty-five (735) calendar days after receipt of the Notice to Proceed (NTP) is sufficient.

· Design completion: Two Hundred Forty-Four (190) calendar days; includes VA design reviews.

· Procurement timeframe: One Hundred Eighty (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: Seven Hundred Thirty (365) calendar days from construction award date

· Total contract period: seven hundred thirty-five (735) calendar days Design Schedule & Expectations

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 an electronic copy of these updated drawings on CD-ROM or DVD.

Note: The issue of the Notice to Proceed (NTP) may be combined with the first Project Design Team (PDT) Meeting. A/E will be required to attend and take minutes of each PDT meeting. Minutes will be submitted electronically via e-mail to the COR and Contracting Officer within three calendar days of each meeting.

Any part of the renovation which impacts energy consumption shall be designed with the mandate to reduce energy consumption. For example, if exterior walls are part of the project, then their R-Value shall be increased. If lighting fixtures are to be replaced, then they shall be replaced with the most energy efficient fixture that is cost effective (20-year life).

Deliver all design packages electronically and hardcopies to the Project Manager on the established dates to allow the VA Project Development Teams to meet as scheduled. A transmittal letter is required to go to the Contracting Officer on the same day as delivery.

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. Professional Qualifications necessary for satisfactory performance of required services showing recent experience of the project team with comparable hospital projects within the past five years in which the construction has been completed.

· Do the qualifications indicate that the project team has recent direct experience on Hospital projects designing similar improvements to those proposed at the Durham VAMC? Is the architect/engineer providing a team where each member has more than 5 years of experience in the project’s key engineering disciplines?

2. Specialized Experience and Technical Competence in the type of work required.

· Does the architect/engineer provide evidence of understanding of the project; and any unique architectural/engineering aspects associated with the proposed project and how to address them?

3. Capacity to accomplish the work in the required time.

· Does the proposed design team have sufficient capacity to work on this project? Has the firm demonstrated an ability to meet design schedules in the past and their record of working together as a team?

4. Past Performance on contracts with Government agencies and private industry in terms of cost control, quality of work, and compliance with performance schedules in a hospital setting.

· Does the proposed architect/engineer have past performance with ratings satisfactory and above while working on hospital projects?

· Does the architect/engineer have a reputation and standing of the firm and its principal officials with respect to professional performance, general management, and cooperativeness.

· Are there any significant claims against the firm because of improper or incomplete architectural and engineering services.

5. Experience in (CPS) 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.

· What evidence do the qualifications provide as to the architect/engineer’s commitment to proactive and consistent representation during construction specifically answering RFIs, reviewing submittals and conducting periodic site visits?

6. Location – Locality and/or Ability to be on Location.

· In the event that evaluations of SF330’s result in the same rating, proximity to the facility will be used as a tiebreaker. This distance will be determined according to http://maps.google.com/. For firms which have multiple/regional offices, the location of the primary project team will be used to calculate the distance and should be provided in the SF330. Provide the name and address of the A-E Firm’s nearest branch office to the Durham VAHCS in North Carolina. The prospective firm must be available for potential short notice site visits to address the needs of the facility, especially during CPS (Construction Period Services). In lieu of local offices, firm must commit to being readily available in the event of unforeseen circumstances.

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.:

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 & VENDOR QUESTIONS:

All questions shall be submitted to erica.manglona@va.gov no later than 10:00 AM EST on February 12, 2024.

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 erica.manglona@va.gov no later than 10:00 AM EST on February 28, 2024. Subject Line to read:

(Example: SF330 Submission, #36C24624R0047 – Install (SPS) Sterile Processing Services, Project #558-23-300 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, #36C24624R0047 – Install (SPS) Sterile Processing Services, Project #558-23-300 (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) UEID 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 SIGNED 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.

A.1 VAAR 852.219-73 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 802.201, 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 multipleaward 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 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:

[] 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 U.S.C. 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) A.2 VAAR 852.219-75 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:

(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 SDVOSB/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. Any work that a similarly situated certified SDVOSB/VOSB subcontractor further subcontracts will count towards the 75% subcontract amount that cannot be exceeded. Cost of materials are excluded and not considered to be subcontracted.

(2) The offeror acknowledges that this certification concerns a matter within the jurisdiction of an Agency of the United States. The offeror further acknowledges that this certification is subject to Title 18, United States Code, Section 1001, and, as such, a false, fictitious, or fraudulent certification may render the offeror subject to criminal, civil, or administrative penalties, including prosecution.

(3) If VA determines that an SDVOSB/ VOSB awarded a contract pursuant to 38 U.S.C. 8127 did not act in good faith, such SDVOSB/VOSB shall be subject to any or all of the following:

(i) Referral to the VA Suspension and Debarment Committee;

(ii) A fine under section 16(g)(1) of the Small Business Act (15 U.S.C. 645(g)(1)); and

(iii) Prosecution for violating 18 U.S.C. 1001.

(b) The offeror represents and understands that by submission of its offer and award of a contract it may be required to provide copies of documents or records to VA that VA may review to determine whether the offeror complied with the limitations on subcontracting requirement specified in the contract. Contracting officers may, at their discretion, require the contractor to demonstrate its compliance with the limitations on subcontracting at any time during performance and upon completion of a contract if the information regarding such compliance is not already available to the contracting officer. Evidence of compliance includes, but is not limited to, invoices, copies of subcontracts, or a list of the value of tasks performed.

(c) The offeror further agrees to cooperate fully and make available any documents or records as may be required to enable VA to determine compliance with the limitations on subcontracting requirement. The offeror understands that failure to provide documents as requested by VA may result in remedial action as the Government deems appropriate.

(d) Offeror completed certification/fill-in required. The formal certification must be completed, signed and returned with the offeror’s bid, quotation, or proposal. The Government will not consider offers for award from offerors that do not provide the certification, and all such responses will be deemed ineligible for evaluation and award.

Certification I hereby certify that if awarded the contract, [insert name of offeror] will comply with the limitations on subcontracting specified in this clause and in the resultant contract. I further certify that I am authorized to execute this certification on behalf of [insert name of offeror].

Printed Name of Signee: ___________ Printed Title of Signee: _____________ Signature: ____________ Date: ______________ Company Name and Address: _______________ (End of Clause) See attached document: Attachment A - Floor Plan.

See attached document: Attachment B - Department Survey.

See attached document: Attachment C - Equipment Data Sheet.

Presolicitation Notice