RFI received 11-2-2020.docx

Question 1- Within Factor 1, Relevant Past Performance of Prime Contractor, the RFP states in paragraph (A), “Substitution of subcontractor experience is not allowed. Offers which present subcontractor experience shall not be considered for award.” However, further down under Factor 1, it continues to state, “In accordance with FAR Part 15.305(a)(2), in the case of an offeror that is without a record of relevant past performance, or for whom information on past performance is not available, the offeror may not be evaluated favorably or unfavorably on past performance. Such offerors may submit relevant past performance information regarding: predecessor companies; key personnel who have relevant experience; or subcontractors that will be performing major or critical aspects of this requirement; provided that such information is relevant to the construction in this solicitation.” Therefore, in accordance with FAR Part 15,305(a)(2), will the VA please confirm that projects submitted from partnerships in compliance with FAR 9.602 shall be allowed and equally evaluated.

Answer to 1. Our Factor 1 description was intended to relay that subcontractor performance history was not intended to be considered in lieu of prime contractor performance history. We do appreciate you bringing the noted inconsistency in the wording to our attention. To clarify our Factor 1 description , note that if the prime lacks the relevant past performance history that is requested under this Factor, the prime will not be rated as “unacceptable,” but will instead receive the equivalent to a neutral rating under FAR 15.305. As was noted in the Factor 1 Special Note 1 of the solicitation, if an offeror is without a record of relevant past performance or for whom information on past performance is not available, the offeror may not be evaluated favorably or unfavorably on past performance. Accordingly, those prime contractor offerors with an unknown past performance history will be considered as “Acceptable.” Please disregard our conflicting wording that notes “offers which present subcontractor experience shall not be considered for award.” As such, there is no need to submit subcontractor or partner information if you lack relevant past performance information as a prime. The lack of past performance history as a prime will still result in an “Acceptable” rating.

Question 2- Within Factor 2, Technical Construction Experience of Prime, the RFP states in paragraph (A), “Substitution of subcontractor experience is not allowed. Offers which present subcontractor experience shall not be considered for award.” However, as allowed by FAR 9.602, will the VA please consider allowing prime contractors and key subcontractors who are forming a partnership in accordance and in compliance with FAR 9.602 to submit projects from either the prime or key subcontractor to equally qualify for Factor 2? This will expand competition and allow significantly more otherwise equally qualified SDVOSBs to participate in this acquisition.

Answer to 2. We do not agree to your second request relating to Factor 2. Unlike past performance under Factor 1, we have experienced first-hand many issues related to working with primes that lack the necessary qualifications and experience to successfully administer these construction projects under a supposed teaming arrangement. As such, we included specific wording under Factor 2 which noted: “If submitting as a Prime/Sub teaming arrangement under FAR 9.601(2), the designated prime must meet the specific requirements of Factor 2A and 2B in order for the teaming arrangement to be deemed acceptable. Subcontractor experience will not be considered.” We want the prime to have the requested experience that we feel is necessary to successfully complete a project of this magnitude. We have experienced no lack of competition from this requirement and it protects the VA by providing SDVOSBs with the requisite experience on comparable projects.

Question 3- If the VA does not agree to allow key partnerships’ past performance for Factor 1 and 2, as defined by FAR 9.602, would the VA please consider reduce the percentage complete of the project submitted, and allow on-going (50% or greater) to be submitted and equally evaluated?

Answer to 3. Just as noted with respect to our response to your Factor 2 request, we want prime contractors that have the requisite experience at the time of proposal submittal. If the projects that you rely on to support that experience have not yet been 100% completed to satisfy that requirement, the submitted project will not count.