36C24625R0025 Pre-SOL.docx

SUBJECT*

652-19-906 OR Install Laser Receptacle

GENERAL INFORMATION

1201 Broad Rock Blvd.

Richmond VA

CONTACT INFORMATION

CONTRACTING OFFICE ADDRESS

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

POINT OF CONTACT*

Contract Specialist Gina Moriarty gina.moriarty@va.gov 757-722-0061 ext. 11458

ADDITIONAL INFORMATION

AGENCY’S URL

URL DESCRIPTION

Presolicitation Notice Presolicitation Notice

Presolicitation Notice

This request for Architect-Engineering (A/E) firm qualification 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 Business (JAN 2023) (DEVIATION).

THIS IS NOT A REQUEST FOR PROPOSAL. THIS IS A REQUEST FOR SF 330'S ARCHITECT-ENGINEER QUALIFICATION PACKAGES ONLY.

ALL INFORMATION NEEDED TO SUBMIT SF 330 DOCUMENTS IS CONTAINED HEREIN. NO SOLICITATION PACKAGE, TECHNICAL INFORMATION, OR BIDDER/PLAN HOLDER LIST WILL BE ISSUED.

THERE WILL BE NO SITE VISITS ARRANGED DURING THIS PHASE OF THE REQUIREMENT.

PUBLIC ANNOUNCEMENT FOR PROCUREMENT OF 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 selection criteria below. 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 because 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, Central Virginia VA Health Care System (CVHCS), is seeking sources and intends to award a firm fixed-price contract to an Architect/Engineering (A/E) firm to provide design services for Non-Recurring Maintenance (NRM) project 652-19-906. The A/E shall provide the services necessary to compile construction documents required for 2nd Floor OR Renovation for Laser Receptacle Installation.

Design shall comply with VA guidelines and specifications. Design manuals and specifications can be found at http://www.cfm.va.gov/TIL/. Proposed work is located at CVHCS, Richmond, Virginia, 23249. Project # 652-19-906, “2nd Floor OR Renovation for Laser Receptacle Installation” is located at 1201Broad Rock Blvd., Richmond, Virginia 23249.

The A/E Services listed herein is being procured in accordance with the FAR 36.6 and Department of Veterans Affairs Acquisition Regulation (VAAR) 836.6.

Potential contractors must provide credentials that confirm registration of Architects or Engineers registered to practice in this particular professional field involved in Virginia, must be registered in SAM (www.sam.gov) and certified in the Small Business Administration, Veteran Small Business Certification (VetCert) (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.

The 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: Gina Moriarty, Contract Specialist, Email: gina.moriarty@va.gov

PROJECT INFORMATION:

Project No.: 652-19-906

Project Title: A/E: 2nd Floor OR Renovation for Laser Receptacle Installation

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 30, 2025.

The anticipated period of performance for completion of final Construction bid documents including VA Reviews is 591 Calendar Days after the Notice to Proceed (NTP).

An Architect/Engineer (A/E) contract will be negotiated. Cost estimates detailing quantities of materials, labor, profit, overhead, insurance, taxes, etc. in the format found at that shall be provided with the Request for Proposal (RFP).

ARCHITECT-ENGINEER DESIGN SCOPE OF WORK

2nd FLOOR OR RENOVATION FOR LASER RECEPTACLE INSTALLATION

RICHMOND VA MEDICAL CENTER

PROJECT NO: 652-19-906

PROJECT NAME: 2nd Floor OR Renovation for Laser Receptacle Installation

A. Project Overview

The overall scope of this project involves the design for the installation of isolated power panels for use in three operating rooms (OR’s): 2A-199, 2A-194, and 2A-193 to power laser equipment.

B. Project Objectives

· Design for the installation of isolated power panels to supply 208V, 2P, 30A receptacles in OR’s 2A-199, 2A-194 and 2A-193 for laser surgical equipment power. Design shall include an electrical coordination study for all new equipment and existing upstream equipment to verify proper breaker coordination.

· Replacement of any existing Federal Pacific electrical panels that will feed the new isolated power panels, with new electrical panels.

· Coordination with VA staff for location preference of the isolated power panels and outlets.

· Development of construction phasing requirements necessary to minimize disruption to hospital operations.

· Specification and design of necessary safety features for laser use in the OR’s (providing laser shades on windows, necessary signage, etc.)

· Design shall incorporate a minimum of 10% of the construction budget as deductive alternates. Each alternate shall be progressively deductive in nature and shall be non-scope impacting.

· Fraud, waste, and abuse. The vendor has responsibility for “Duty to Report” any fraud, waste and abuse witnessed while on VA premises to the Integrity and Compliance Officer.

C. Site Assessment

· Conduct a thorough assessment of the existing conditions in the OR’s.

· As-build documentation of the existing facility will be provided, however the A/E is responsible for verifying all as-built conditions.

· Evaluate structural, electrical, mechanical, and architectural requirements for the new space being designed.

SCOPE OF WORK FOR A/E

A. General Requirements

The A/E firm shall provide all required labor, materials, and equipment necessary to perform the requirements in this scope of work as defined by the Scope of Project. This shall include, but not limited to, site investigations, developing design/construction documents and specifications, provide construction period services and requested site visits, commissioning services, and any other supplementary services.

B. Required Contract Elements/Submissions

Due to size and nature of the design, submissions and reviews will only be limited to the 100%, and final CD submissions. The A/E firm shall perform/submit the following elements as part of the design process:

1. Site Investigation

2. Construction Document Development

a. 100% Design Documents

b. Construction Documents

3. Construction Period Service

4. Site Visits during Construction

C. Site Investigation

The A/E shall make investigations as necessary to thoroughly evaluate the defined project area. The A/E firm shall:

1. Request and review all as-built documents and verify as-built conditions within the projects area. This shall be accomplished with coordinated site visits.

2. The A/E shall conduct an on-site survey for the following utilities to determine the best place to connect utilities that will minimize impact to existing operation:

a. Electrical

3. The A/E shall submit, because of this site investigation, a report detailing the findings of the site investigation.

4. The A/E shall meet (Teams Meeting) with Engineering and project stakeholders to present report and to determine any particular requirements for the design.

D. Construction Documents (CD)

The A/E shall take information from site investigations as necessary to thoroughly evaluate the project areas. All designs shall be in accordance with "Minimum Requirements for A/E Submissions Instructions for Minor & NRM Construction Program PG-18-15 Volume C. The A/E firm shall:

1. Complete such further investigations necessary to develop working drawings and specifications for issuance through the competitive bid process.

2. Prepare construction documents necessary to accomplish the approved design development.

3. In most instances, copies of the VA Master Construction Specifications will be available off the Internet (https://www.cfm.va.gov/til/), which will be edited and incorporated in the project specifications. In those instances where copies of the VA Master Construction Specifications are not available, the A/E shall develop the specification for incorporation into the project specifications. Copies of design guides, space criteria, room finishes, and other VA guidelines are also available at (https://www.cfm.va.gov/til/).

4. Working drawings and specifications shall provide for construction within the National Fire Protection Association Code, VA Standards, and other national codes.

5. An independent professional cost estimator shall be used by the A/E for all construction cost estimates.

E. Construction Period Services

Upon award of the construction contract associated with this project, the A/E firm shall provide construction period services to allow the VA to supervise the contract on a daily basis with adequate support from the A/E firm. The items of support shall include, but not be limited to:

1. Review of all technical submittals, shop drawings and other technical correspondence.

2. Provide advice and consultation on questions raised by the VA or the contractor on technical matters.

3. Provide sketches and cost estimates as necessary.

4. A/E firm shall provide adequate representation at all pre-bid and pre-construction conferences to answer questions from contractors and inform them of technical items which should be brought to their attention for a complete job.

5. Provide services for submittal and document exchange using a commercially available construction document management system (e.g. Procore, Submittal Exchange, Newforma, etc.) for the duration of the construction and 1 year following the completion of the construction.

F. As Built Drawings

1. A/E firm shall provide a clause in the specifications indicating method by which a contractor will provide information to the firm to allow the firm to provide as-built drawings upon completion of construction. As-built drawings shall not only cover work involved in the construction but shall also cover existing adjacent areas as defined within the scope of the preliminary survey.

2. A/E firm shall submit a complete set of drawings on CD or via digital download, using AutoCAD fully compatible within one version of the latest release. Layering shall be per VA CAD/BIM Standards. The A/E firm shall also provide, if used by the A/E Firm, AutoCAD Revit files of the completed design.

G. Site Visits

1. Visits resulting from errors and omissions in the design will be at no cost to the VA.

2. Participate in partial and final inspections as scheduled and generate punch lists for completion.

3. A/E firm shall provide representatives to make periodic site visits during the construction to provide additional support to the VA in managing the contract.

4. General Requested Site Visits shall consist of one person for a 1-day site visit and shall be at a fixed cost per site visit.

5. Final Inspection and Follow-up site visits shall each consist of five persons for a 1-day site visit.

6. The A/E firm shall price one (1) General Requested Site Visits during construction activities, One (1) Final inspection at completion of project.

7. Formal documentation will be required for all site visits. Final inspection reports will be prepared by the A/E firm and submitted to the VA for issuance to the contractor. Record of site visits will be in accordance with, Special Provisions of the Contract.

Functional End Product It is important to emphasize that the A/E shall perform design development to include detailed design work to prepare detailed construction documents with the end results as a completely functional and fully operational product.

H. Promotion of Full and Open Competition

1. A/E agrees to assure specifications are not restrictive. Specifications will be based on performance criteria when possible and will not use brand names.

2. If an occasion arises that use of a brand name is necessary, the A/E will provide a justification including:

a. Why the particular brand must be used or why a performance specification cannot be written (Proprietary design, etc.)

b. The criteria of alternate items that must be met to be considered equal.

3. In the event it is necessary to pre-qualify major components the A/E will advise the Contracting Officer of such, so that the necessary action can be taken to establish a Qualified Products List.

4. In addition to requirements of the special provisions, a certification will be provided stating the solicitation is not restrictive; it has been written to provide full and open competition; and will list at least three manufacturers who can supply major components or systems of the project.

Schedule For Design Development and Construction Documents

The A/E shall submit review packages, so they are received on the day noted in the schedule below.

Submission Requirement

Calendar Days Completion Date - Calendar Days after NTP

Submission Requirement A

Construction Document Submission Requirement (CD2–100%)

The A/E shall submit complete bid documents for final review prior to solicitation. Deliver the following packaged (labeled with 100% submission) and include this attachment as a checklist with your submission:

· 3 copies of a narrative report forwarding the field investigation charrette addressing items listed in the design requirements and any additional A/E recommendations. The report should include identifying potential bid deduct alternatives, recommended construction phasing based upon discussions with IPT and COR, and any design calculations or analysis.

· 3 half size and 1 full size set of all drawings (blueline copies) required by project, produced on AutoCAD software fully compatible within one version of the latest release of AutoCAD.

· 2 copies of updated cost estimate prepared in accordance with Cost Estimating Requirements.

· 2 copies of custom edited VA Master Specification to be used for this project and a master submittal list identifying all the submittals required to be submitted by the contractor for review. The list shall be organized by division and specification and include submittals, certifications, shop drawings, tests, samples, and inspections required per drawing and specification section.

· 1 CD or digital download containing

· All drawings in AutoCAD and pdf format

· All specifications in Microsoft Word and pdf format

· Narrative report in pdf format

· Electronic copy of cost estimate

· PG-18-15, Volume C checklists, completed and signed

· Design review checklists; completed and signed.

· Checklist of all submittals, certifications, tests, and inspections in an Excel spreadsheet format.

· All design related calculations.

Submission Requirement B

Construction Bid Document Submission Requirements (BD)

The final design documents shall be sealed and signed by the design professional responsible/liable for the design represented in the respective document. The seal and signature shall conform to laws and requirements for the application of seals and signatures for professionals in the state or region in which the person taking liability for the work is registered. Any errors found on the sealed set are subject to revision and resubmission by the A/E at no cost to the Government.

· 1 full size set of sealed contract drawings (complete with VA signed coversheet).

· 1 half size set of sealed contract drawings.

· 1 copy (bound) of project specifications produced on Microsoft Word software.

· 1 CD or digital download containing

· All drawings in AutoCAD and pdf format

· All specifications in Microsoft Word and pdf format

· Narrative report in pdf format

· Electronic copy of cost estimate

· PG-18-15, Volume C checklists, completed and signed

· Design review checklists; completed and signed.

· Checklist of all submittals, certifications, tests, and inspections in an Excel spreadsheet format.

· All design related calculations.

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. The processes at FAR 36.602-5 and FAR 36.606 will then be followed. Discussions will be held with at least three (3) of the most highly qualified firms. 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. The Department of Veterans Affairs shall evaluate each potential contractor in terms of the following as “M” firm meets the synopsized selection criterion and "NM" means that the firm did not meet the synopsized selection criterion.:

1. Professional Qualifications

a. Provide brief (single page) resumes of proposed team members who will specifically serve as the Project Managers and Designers of Record. The Designers of Record shall perform and direct the design within their respective discipline and shall sign and seal the drawings.

i. All Designers of Record must be professionally registered in their discipline.

ii. Each resume shall include a minimum of two (2) but no more than five (5) specific completed projects (100% complete) that best illustrate the individual team members experience relevant to this contract scope. Specific completed projects shall be completed, at maximum, in the last ten (10) years.

iii. Each resume shall demonstrate each team member years of professional experience and years with the current firm. Team members are required to have at least 5 years professional experience and at least 5 years with their current firm.

b. Team member Designer of Record positions required in this project: Architect, Registered Communications Distribution Designer (RCDD), Estimator, Electrical Engineer, Fire Protection Engineer, Industrial Hygienist, Project Manager, and Commissioning Agent

2. Specialized Experience

This factor evaluates the specialized experience and technical competence that the firm has with projects comparable to this requirement.

a. Provide proof of specialized experience and technical competence in the type of work required, specifically OR (operating room) Laser Receptacles. Additionally, power distribution to Operating Rooms. The A/E must provide evidence of understanding the project; and any unique architectural/engineering aspects associated with the proposed project and how to address them.

b. Provide a minimum of two (2) and a maximum of five (5) substantially completed projects (construction is at least 85% complete as a Prime Contractor) of comparable scope and size (Cost, Sq. Ft., Project Objective, etc.) to this project. The information provided for each project shall include at a minimum, project number, project title, detailed description of project scope, detailed description of A/E firm’s role in executing project scope, project owner contact information, project cost, period of performance, A/E Firm’s role in the project (Prime or Sub or JV), and list of aspects that are similar to this project.

c. The A/E firm shall provide a table of the comparable projects listed within Specialized Experience comparing their construction estimate with the bid/award amount during construction.

d. The A/E firm shall provide a table indicating participation of the proposed team members with the comparable projects listed above.

3. Capacity To Accomplish the Work in The Required Time

This factor evaluates the ability of the firm and the firm’s subcontractors, given their current projected workload (percentage) and the availability of their key personnel, to accomplish the possible myriad of design projects in the required time. The general workload and staffing capacity of the design office will be evaluated.

a. List current projects with a design fee of greater than $20,000 being designed in the firms’ office.

b. Indicate the firms’ present workload and the availability of the project team (including sub-consultants) for the specified contract performance period;

c. Describe experience in successfully delivering projects per performance schedule, providing timely construction support, and successfully completing multiple projects with similar delivery dates.

d. Volume of VA contract awards in the last 12 months.

4. Past Performance

The contractor shall provide complete past performance documentation for all projects with Government agencies and private industry provided in Criteria 2. These past performance documents shall reflect/speak to the contractors cost control, quality of work, and compliance with performance schedules in a hospital setting.

The contractor shall submit performance references for the projects listed in Criteria 2. Any of the following can be used as references:

a. The most recent Contractor Performance Assessment Report System (CPARS) performance report. CPARS shall be submitted with the completed SF330 package.

b. Past Performance Questionnaire (PPQ) evaluations. Submit completed PPQ’s with the SF330.

i. Ensure that correct phone numbers and email addresses are provided for each contract customer/reference.

ii. If a PPQ is submitted but an official CPARS evaluation is found for that project, the official evaluation takes precedence.

iii. If the A/E is unable to submit a completed PPQ from a reference for a project before the response date of this notice, the A/E shall complete and submit the first page of the PPQ including the contract and point of contact information.

iv. PPQ’s may be submitted directly to the Government’s Contracting point of contact prior to the response date listed on the form. Send to ____________________ Attn: ______________, via email at _____________________.

PPQs prepared for other solicitations or submitted directly by the firm competing for the requirement will not be accepted.

Past performance will be evaluated on its Relevance and Recency.

· Relevance is defined as: performance of work on projects that are similar in scope to the type of project anticipated under the resultant contract.

· Recency is defined as: performance occurring within 5 years of the date of this Sources Sought, except that ongoing projects must have begun no less than one (1) year prior to the issuance of this Sources Sought.

5. Construction Period Services

The firm shall illustrate their experience in providing 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.

6. Record of Significant Claims

Record of significant claims against the firm because of improper or incomplete architectural and engineering services.

7. Small Business Commitment

a. The firm shall illustrate the extent to which they commit to the use of service-disabled Veteran-owned small businesses, Veteran-owned small businesses, and other types of small businesses as subcontractors.

b. The contractor shall have the following statement of SDVOSB compliance included in their submittal:

“I [signatory authority] ___________________, [company] __________________, certify that 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 by the Small Business Association’s Veteran Small Business Certification (VetCert) in compliance of VA Acquisition Regulation (VAAR) 852.219-75.”

8. Secondary Selection Criteria*: Geographic Location

Location of the firm, as measured by the driving distance (miles) between the Offeror’s principal business location and the Central Virginia VA Health Care System; 1201 Broad Rock Boulevard, Richmond, VA 23249. Determination of the mileage will be based on Google Maps (https://www.google.com/maps/dir/).

*The secondary selection criterion is used as a tiebreaker, if necessary, in ranking the most highly qualified firms following the completion of the SF 330 evaluations; provided, that application of this criterion leaves an appropriate number of qualified firms.

PLEASE NOTE: The A/E Evaluation Board must be provided with complete and accurate information for ALL eight (8) 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.

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 gina.moriarty@va.gov no later than 14:00, Eastern Standard Time (EST) on Tuesday, February 25, 2025.

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.

Due to VA IT Security protocols, maximum size of the e-mail message shall not exceed ten (10) megabytes. The SF330, in its entirety, shall not exceed one email of 5MB. The SF330 (not including past performance questionnaires) are limited to 45 pages. If the page limits are exceeded, the pages in excess of the limit will not be read nor considered. Furthermore, it is the sole responsibility of the prospective firms to confirm receipt of their submission in its entirety prior to the closing date & time of their submission in response to this synopsis. If more than one email is sent, please number emails in Subjects as “1 of n”. (Example: SF330 Submission, #36C24625R0025 – 2nd Floor OR for Laser Receptacle Installation, Project #652-19-906 1 of 5, etc.)

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

All SF 330 submissions must include the following information either on the SF 330 or by accompanying document:

· Cage Code | Unique Entity ID | Tax ID Number

· The E-mail address and Phone number of the Primary Point of Contact (PoC)

· Proof of the firms’ registration in SAM (https://sam.gov/SAM/pages/public/index.jsf)

· A copy of the firms’ VetCert Registry (https://veterans.certify.sba.gov/)

· 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, 8(a), large, etc.). This is in order to assure compliance with FAR Clause 52.219-14(b)(1) Limitations on Subcontracting. Failure to provide this information may deem the Firm as nonresponsive and preclude SF 330 submittal from being included further in the evaluation process.

· Credentials that confirm registration of Architects or Engineers registered to practice in this particular professional field involved in Virginia.

LIMITATIONS

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:

|X| 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)

CONTRACT OPPORTUNITY SF330 Request 36C24625R0025

Attachments See attached document: Attachment A - Past Performance Questionnaire_Final 652-19-906.

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