36C24818R0461-0004000.docx

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Replace Remaining Windows, Building 7 Federal contract opportunity
Solicitation number
36C24818R0461
Issued by
Department of Veterans Affairs Veterans Health Administration Veterans Integrated Service Network 8

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RESPONSES TO ADDITIONAL QUESTIONS

06192018

5. PROJECT NUMBER (if applicable)

CODE

7. ADMINISTERED BY

2. AMENDMENT/MODIFICATION NUMBER

CODE

6. ISSUED BY

8. NAME AND ADDRESS OF CONTRACTOR

4. REQUISITION/PURCHASE REQ. NUMBER

3. EFFECTIVE DATE

9A. AMENDMENT OF SOLICITATION NUMBER

9B. DATED

PAGE

OF PAGES

10A. MODIFICATION OF CONTRACT/ORDER NUMBER

10B. DATED

BPA NO.

1. CONTRACT ID CODE

FACILITY CODE

CODE

Offers must acknowledge receipt of this amendment prior to the hour and date specified in the solicitation or as amended, by one of the following methods:

The above numbered solicitation is amended as set forth in Item 14. The hour and date specified for receipt of Offers

E. IMPORTANT:

is extended,

(a) By completing Items 8 and 15, and returning __________ copies of the amendment; (b) By acknowledging receipt of this amendment on each copy of the offer submitted; or (c) By separate letter or electronic communication which includes a reference to the solicitation and amendment numbers. FAILURE OF YOUR ACKNOWLEDGMENT TO BE RECEIVED AT THE PLACE DESIGNATED FOR THE RECEIPT OF OFFERS PRIOR TO THE HOUR AND DATE SPECIFIED MAY is not extended.

12. ACCOUNTING AND APPROPRIATION DATA

(REV. 11/2016)

is required to sign this document and return ___________ copies to the issuing office.

is not, A. THIS CHANGE ORDER IS ISSUED PURSUANT TO: (Specify authority) THE CHANGES SET FORTH IN ITEM 14 ARE MADE IN THE CONTRACT ORDER NO. IN ITEM 10A.

15C. DATE SIGNED

B. THE ABOVE NUMBERED CONTRACT/ORDER IS MODIFIED TO REFLECT THE ADMINISTRATIVE CHANGES SET FORTH IN ITEM 14, PURSUANT TO THE AUTHORITY OF FAR 43.103(b).

RESULT IN REJECTION OF YOUR OFFER. If by virtue of this amendment you desire to change an offer already submitted, such change may be made by letter or electronic communication, provided each letter or electronic communication makes reference to the solicitation and this amendment, and is received prior to the opening hour and date specified.

C. THIS SUPPLEMENTAL AGREEMENT IS ENTERED INTO PURSUANT TO AUTHORITY OF:

D. OTHER

BY

Contractor

16C. DATE SIGNED

14. DESCRIPTION OF AMENDMENT/MODIFICATION

16B. UNITED STATES OF AMERICA

Except as provided herein, all terms and conditions of the document referenced in Item 9A or 10A, as heretofore changed, remains unchanged and in full force and effect.

15A. NAME AND TITLE OF SIGNER

16A. NAME AND TITLE OF CONTRACTING OFFICER

15B. CONTRACTOR/OFFEROR

STANDARD FORM 30

PREVIOUS EDITION NOT USABLE

Prescribed by GSA - FAR (48 CFR) 53.243 (Type or print) (Type or print) (Organized by UCF section headings, including solicitation/contract subject matter where feasible.)

(Number, street, county, State and ZIP Code) (If other than Item 6) (Specify type of modification and authority) (such as changes in paying office, appropriation date, etc.)

(If required)

(SEE ITEM 11)

(SEE ITEM 13)

(X)

CHECK

ONE

13. THIS ITEM APPLIES ONLY TO MODIFICATIONS OF CONTRACTS/ORDERS,

IT MODIFIES THE CONTRACT/ORDER NO. AS DESCRIBED IN ITEM 14.

11. THIS ITEM ONLY APPLIES TO AMENDMENTS OF SOLICITATIONS

AMENDMENT OF SOLICITATION/MODIFICATION OF CONTRACT

(Signature of person authorized to sign) (Signature of Contracting Officer) 06-19-2018 546-18-105 Department of Veterans Affairs Network Contracting Office 8 (248) Room 326, Bldg. 2 10,000 Bay Pines Blvd Bay Pines

FL

33744 00516 Department of Veterans Affairs Network Contracting Office 8 (NCO 8) C.W. Bill Young VA Medical Center 10000 Bay Pines Blvd. Room 326, Bldg. 2 Bay Pines

FL

33744 To all Offerors/Bidders

36C24818R0461 05-09-2018

X X X THE PURPOSE OF THIS AMENDMENT IS TO RESPOND TO ADDITIONAL QUESTIONS RECEIVED AND ATTACHED HERETO.

1. If a registered and interested vendor was unable to participate in the site visit which occurred on Friday May18, 2018, can that vendor still submit a proposal as a Prime for this solicitation or is there some restriction in doing so?

RESPONSE: YES. Although highly encouraged, the site visit was not “mandatory”.

2. In response to our recent question, the VA indicated that “all firms submitting as a JV that is not certified by CVE must comply with Public Law, P.L. 109-461, the Vets First Contracting Program, implemented in 38 CFR Part 74.”

We note that the provisions of 38 CFR Part 74 do not require a joint venture to be independently Center for Verification and Evaluation (“CVE”) certified or verified in order to submit a proposal for a VA contract. Rather, according to VAAR 819.7003(c), a joint venture may be considered an eligible SDVOSB or VOSB concern if (1) at least one member of the joint venture is an SDVOSB or VOSB concern, and makes the representations in VAAR 819.7003(b); (2) each other concern is small under the size standard corresponding to the NAICS code assigned to the procurement; (3) the joint venture meets the requirements of paragraph 7 of the size standard explanation of affiliates in FAR 19.101; and (4) the joint venture meets the SBA requirements for SDVOSB joint ventures. Our JV meets all of these requirements.

In addition to satisfying (2) -(4) above, the JV satisfies (1) because its Managing Member is an SDVOSB and can make the representations in VAAR 819.7003(b) that, at the time of submission of offer, it is an SDVOSB concern, a small business concern under the NAICS code assigned to the acquisition, and verified for eligibility in the VIP database. Therefore, because the JV’s Managing Member is CVE certified and verified and the JV meets the other requirements outlined in VAAR 819.7003(c), the JV is eligible to submit an offer for this VA contract without being independently certified and verified in CVE.

Due to the financial and resources investment in submitting a proposal, we are requesting the Contracting Officer confirm our understanding of this matter is correct.

RESPONSE: Contrary to the vendor’s understanding, VAAR § 819.7003(c)(1) does not exempt a joint venture from the requirement that it must be listed in the VIP database to be eligible for award. Subsection (b) of VAAR § 819.7003 plainly provides that, to be eligible for award under a VA veteran-owned small business program set-aside, an offeror must represent that it is an SDVOSB or VOSB concern and is listed in the VIP database. In accordance with 38 C.F.R. 74.1, for VA contracts, a joint venture must be in the form of a separate legal entity. Since, for the purposes of VA contracts, we consider the JV to be a separate legal entity – and that is the entity that we are making award to – the JV itself must be listed in the VIP database.

3. I wanted to confirm that RFI’s can be submitted should we advance to Phase II for the referenced solicitation?

RESPONSE: Questions/RFIs will be allowed for Phase II.

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