Amendment 2 responses to request for information final.pdf

AMENDMENT NO. 2

Department of Veterans Affairs (DVA)

Yukon, OK – Community Based Outpatient Clinic (CBOC) VA Request for Lease Proposals

No. 36C24W25R0026

The purpose of this Amendment is to provide responses to the following requests for information:

Question 1: Was it determined that the “VA Rule of Two” as prescribed in 38 U.S.C. 8127(d) is not applicable for this RLP?

Answer 1: Yes. Prior Request for Lease Proposal No. 36C24W24L0078 was posted on SAM.gov on July 16, 2024, as a SDVOSB set aside. The VA received final offers outside the range determined to be fair and reasonable and over the amount budgeted. Consequently, on October 21, 2024, RLP No. 36C24W24L0078 was canceled due to all offers being above the established fair and reasonable price resulting in the VA being unable to comply with FAR 15.402(a).

Thereafter, the VA determined that the SDVOSBs were unable to provide fair and reasonable pricing and the solicitation has been re-issued as an open-market solicitation.

Question 2: Can you please confirm that there were not two or more capable SDVOSB or VOSB companies that responded to the sources sought?

Answer 2: Generally, the “Rule of Two” requires that the CO set-aside a procurement for SDVOSBs, “if the contracting officer has a reasonable expectation that two or more small business concerns owned and controlled by Veterans will submit offers and that the award can be made at a fair and reasonable price that offers best value to the United States.” VAAR 802.101 (emphasis added). As noted in Answer 1, the CO has determined that the offers from SDVOSBs were “outside the range determined to be fair and reasonable and over the amount budgeted.”

Question 3: How many total square feet is desirable?

Answer 3: As stated in RLP No. 36C24W25R0026 Section 1.02 (A):

The Government is seeking a minimum of 22,155 to a maximum of 26,586 of

American National Standards Institute/Building Owners and Managers Association (ANSI/BOMA) Occupant Area (ABOA) square feet (SF) of contiguous space within the Area of Consideration set forth below. See Section 2 of the Lease for applicable ANSI/BOMA standards. ABOA SF minimum and maximum range is for existing buildings. If proposal is a New Build, a minimum and maximum of 22,155 ABOA SF and Rentable Square Feet (RSF) should be considered as meeting VA requirements. (emphasis added)

All other requirements remain unchanged.

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Prepared By:

Miranda Kloeppel, Leasing Specialist

Authorized By:

Craig Wagstaff, Lease Contract Officer

Please sign below, acknowledging receipt of this amendment, and return to:

MIRANDA.KLOEPPEL@VA.GOV

OFFEROR NAME (printed)

OFFEROR SIGNATURE

mailto:Miranda.Kloeppel@va.gov