36C25923Q0642 0001.docx

RFQ 36C25923Q0642 Amendment 1

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 NUMBERE

D 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 amendmen t, and is received prior to the opening hour and date specified.

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

D. OTHER

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) 36C259 Department of Veterans Affairs Network Contracting Office

NCO 19

6162 South Willow Drive, Suite 300 Greenwood Village CO 80111 36C259 Department of Veterans Affairs Network Contracting Office

NCO 19

6162 South Willow Drive, Suite 300 Greenwood Village CO 80111 To all Offerors/Bidders

36C25923Q0642 07-21-2023

X X X

X 1 (one) The purpose of this amendment is to answer questions that were submitted for the OKC CM Services solicitation, correct liquidated damages for data breach, and add clause 52.204-27, Prohibition on a ByteDance Covered Application.

Change to Addendum to FAR Clause Evaluation - Commercial Items 1, 2, and 3 were changed from CO evaluator to the Government. Please see the attached documents containing the above information.

Please note that o ffers are due 8/8/2023 at 10:00 AM CST.

All other terms and conditions remain the same.

POC for this solicitation is Angel Waalkes, angela.waalkes@va.gov Lance Davis Contracting Officer

CONTINUATION PAGE

Answers to questions for solicitation 36C25923Q0642 for Construction Management Services at OKC VAMC

1. Q. Will office space be provided for contract personnel?

A. Yes

2. Q. Will VA provide any equipment for contract personnel? (e.g. laptop computers or safety equipment) A. No, the Contractor will be required to use their own laptop and communications will be done with email and a share point setup by the Contractor.

3. Q. Can you please provide some examples of the types of tasks that may be required to help us determine a staffing mix?

A. Some examples are:

· Individual Government Cost Estimates (IGCEs)

· Statement of Works (Sows)

· Submittal review

· Design Review

· Site Inspections

4. Q. Federal holidays are not mentioned in the RFQ. May we assume that contract personnel will not be expected to work on federal holidays?

A. Yes, Federal Holidays:

0. New Year's Day

0. Martin Luther King’s Birthday

0. Washington's Birthday

0. Memorial Day

0. Juneteenth

0. Independence Day

0. Labor Day

0. Columbus Day

0. Veterans Day

0. Thanksgiving Day

0. Christmas Day

0. Specific holiday dates for a given year are available on the OPM.GOV website

5. Q. How many staff are currently full-time on site at the VAMC under the last contract, if any?

A. Two (2)

6. Q. Can portions of this effort be performed off-site? Via home office?

A. Contractor needs to work on site

7. Q. Is there an incumbent? If Yes, whom and what was the contract number?

A. Yes, LRS Federal under contract number GS-10F-0360T 36C25918F4416

8. Q. “The CMC shall, at no additional costs to the Government, procure individual specialists necessary to provide technical services required on a periodic basis, should these services not be available from employees of the CMC.” The ‘at no additional cost to the Government’ language is difficult to price as the individual specialists or expertise that may be required is not defined. Will you allow us to propose rates for reachback support for subject matter experts in addition to lump sum price based on providing CMs that meet the minimum qualifications listed in the solicitation? If not, how are costs for “individual specialists” supposed to be captured in an offeror’s price?

A. Yes. The Government’s intention is you will be a professional firm capable of providing the support required within your existing staffing. The hiring of additional staff will be absorbed through administrative costs. Those costs will not be chargeable to this contract.

9. Q. Will the contracted personnel have access to VAMC IT and internet or will they be required to provide their own?

A. They will need to provide their own wifi hotspot.

Correction to “7. LIQUIDATED DAMAGES FOR DATA BREACH” (starting on page 57) From:

d. Based on the determinations of the independent risk analysis, the contractor shall be responsible for paying to the VA liquidated damages in the amount of $34.50 per affected individual to cover the cost of providing credit protection services to affected individuals consisting of the following:

Corrected to:

d. Based on the determinations of the independent risk analysis, the contractor shall be responsible for paying to the VA liquidated damages in the amount of $42.00 per affected individual to cover the cost of providing credit protection services to affected individuals consisting of the following:

Correction to Addendum to FAR Clause 52.212-2 EVALUATION – COMMERCIAL ITEMS:

1. Price. Price will be evaluated by the CO for the base and all option periods to determine reasonableness and affordability. One or more of the following techniques will be used to ensure a fair and reasonable price. Price must be considered fair and reasonable to be eligible for award and not in excess of allocated funding for this procurement:

1. Price. Price will be evaluated by the Government for the base and all option periods to determine reasonableness and affordability. One or more of the following techniques will be used to ensure a fair and reasonable price. Price must be considered fair and reasonable to be eligible for award and not in excess of allocated funding for this procurement:

2. Technical capability: The CO will evaluate offers in an impartial manner to determine whether offerors can meet the Government’s requirements as outlined in the solicitation.

Correct to:

2. Technical capability: The Government will evaluate offers in an impartial manner to determine whether offerors can meet the Government’s requirements as outlined in the solicitation.

3. Past Performance: The CO will evaluate each offeror’s past performance to assess work experience, quality, and relevance of that experience, and how well each performed under other “Construction Management and Engineering Consulting Services” contracts of same: size or bigger, cost, and complexity as this requirement. The CO will consider references from either inside or outside the federal government, so long as the performance is recent (within the last three years as of the date of this solicitation) and relevant (for the same work or work similar in scope and size to this requirement).

3. Past Performance: The Government will evaluate each offeror’s past performance to assess work experience, quality, and relevance of that experience, and how well each performed under other “Construction Management and Engineering Consulting Services” contracts of same: size or bigger, cost, and complexity as this requirement. The CO will consider references from either inside or outside the federal government, so long as the performance is recent (within the last three years as of the date of this solicitation) and relevant (for the same work or work similar in scope and size to this requirement).

52.204-27 PROHIBITION ON A BYTEDANCE COVERED APPLICATION (JUN 2023)

(a) Definitions. As used in this clause— Covered application means the social networking service TikTok or any successor application or service developed or provided by ByteDance Limited or an entity owned by ByteDance Limited.

Information technology, as defined in 40 U.S.C. 11101(6)—

(1) Means any equipment or interconnected system or subsystem of equipment, used in the automatic acquisition, storage, analysis, evaluation, manipulation, management, movement, control, display, switching, interchange, transmission, or reception of data or information by the executive agency, if the equipment is used by the executive agency directly or is used by a contractor under a contract with the executive agency that requires the use—

(i) Of that equipment; or

(ii) Of that equipment to a significant extent in the performance of a service or the furnishing of a product;

(2) Includes computers, ancillary equipment (including imaging peripherals, input, output, and storage devices necessary for security and surveillance), peripheral equipment designed to be controlled by the central processing unit of a computer, software, firmware and similar procedures, services (including support services), and related resources; but

(3) Does not include any equipment acquired by a Federal contractor incidental to a Federal contract.

(b) Prohibition. Section 102 of Division R of the Consolidated Appropriations Act, 2023 (Pub. L. 117–328), the No TikTok on Government Devices Act, and its implementing guidance under Office of Management and Budget (OMB) Memorandum M–23–13, dated February 27, 2023, ‘‘No TikTok on Government Devices’’ Implementation Guidance, collectively prohibit the presence or use of a covered application on executive agency information technology, including certain equipment used by Federal contractors. The Contractor is prohibited from having or using a covered application on any information technology owned or managed by the Government, or on any information technology used or provided by the Contractor under this contract, including equipment provided by the Contractor’s employees; however, this prohibition does not apply if the Contracting Officer provides written notification to the Contractor that an exception has been granted in accordance with OMB Memorandum M–23–13.

(c) Subcontracts. The Contractor shall insert the substance of this clause, including this paragraph (c), in all subcontracts, including subcontracts for the acquisition of commercial products or commercial services.

(End of Clause)