S06. 36C26324Q0764 0002.pdf

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

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)

1 3

N/A; to be included on IDIQ Contract Task Orders

None

36C263

Department of Veterans Affairs

NETWORK 23 CONTRACTING OFFICE

2501 W. 22nd St.

Sioux Falls SD 57105

Department of Veterans Affairs

NETWORK 23 CONTRACTING OFFICE

2501 W. 22nd St.

Sioux Falls SD 57105

To all Offerors/Bidders

36C26324Q0764

06-03-2024

X

X X

OFFER DUE DATE NOT EXTENDED

N/A; to be included on Task Orders issued against IDIQ Contract.

X 1(one)

The purpose of this Amendment is to post responses to vendor questions. Responses to vendor questions start on page 2 of of this Amendment. Offerors shall sign the SF 30 and return 1 (one) copy to the contracting officer to be considered for this requirement. The offer due date and time is still Jun 6, 2024 at 10:00 AM CST.

All other terms and conditions of the solicitation remain in full effect.

The Government is no longer accepting technical questions for this procurement.

Melissa Garrett Contracting Officer

VA-VHA-RPOC-2023-0009

Questions and Answers

1. Question: When a task order(s) is executed to the contractor, is the contractor authorized to immediately requisition the number listed on each of the CLINs upon receipt of the signed task order? Is the contractor permitted to order at the start of the task order in bulk to potentially save on material and component costs, or is the expectation to order-as-you go throughout the duration of the task order via modification? Will funds on the task order be deobligated at the end of each ordering period if the services are unused, or is the VA committed to the quantities signed on the task order regardless of necessity at the end of the task order?

Response: Task Orders have an effective date on page 1. The contractor will need to communicate with the VA Technical Representative as to when the services are required during the Task Order Period of Performance. Yes, excess funds will be deobligated at the end of each Task Order.

2. Question: If the General Contractor does not employ any technicians/workers to perform the onsite work under the solicitation due to the lack of staff on certified payroll with the required ASSE certifications as specified in the solicitation, are the subcontracting limitations requirements met provided that the general contractor does not pay (cash flow) more than 50% of the amount paid by the government to it to firms that are not VIP-listed SDVOSBs as set forth in 852.219.73 or VOSBs as set forth in 852.219-74? Since bidders/offerors are required to self-certify adherence via oath to the subcontracting limitations stipulations when submitting bids, this is an important clarification since anyone not adhering to the subcontracting limitations requirement post award could be unknowningly subject to consequences via the False Claims Act. Per the below citation from the VAAR, the citation states “Other direct costs may be excluded to the extent they are not the principal purpose of the acquisition” in the block below.

Since the principal purpose of the acquisition is medial gas maintenance, testing, and inspections (i.e., direct services requiring credentialed staff), project management labor is incidental to the overall “principal purpose of the acquisition”; hence, can contract management be classified as making up at least 50% of the labor under this service contract as this will impact bid cost submissions drastically to meet this subcontracting stipulation? Would two companies be able to form a Joint Venture entity in accordance with VAAR 819.7003 for more competitive bids while adhering to the subcontracting limitations requirements as intended by VAAR clause 852.219-75 shown below?

(a) Pursuant to 38 U.S.C. 8127(k)(2), the offeror certifies that -

(1) If awarded a contract (see FAR 2.101 definition), it will comply with the limitations on subcontracting requirement as provided in the solicitation and the resultant contract, as follows:

[Contracting Officer check the appropriate box below based on the predominant NAICS code assigned to the instant acquisition as set forth in FAR 19.102.]

(i) □ Services. In the case of a contract for services (except construction), the contractor will not pay more than 50% of the amount paid by the government to it to firms that are not VIP-listed SDVOSBs as set forth in 852.219-73 or VOSBs as set forth in 852.219-74. Any work that a similarly situated VIP-listed subcontractor further subcontracts will count towards the 50% subcontract amount that cannot be exceeded. Other direct costs may be excluded to the extent they are not the principal purpose of the acquisition and small business concerns do not provide the service as set forth in 13 CFR 125.6.

Response: The limitations on subcontracting requirements (including certification) have been specified within the solicitation. You are asking for the VA to interpret these limitations as they apply to your potential business plan. That constitutes legal advice and the VA cannot dispense legal advice. Should you find it helpful, you might consider consulting the resources available on the VA’s website: Strategic Outreach and Communications - Office of Small & Disadvantaged Business Utilization https://www.va.gov/osdbu/outreach/soc/

In addition, the SBA VetCert program has an established a support line to address questions regarding eligibility. Contact SBA VetCert Support Phone 800-862-8088 (Hours 8 a.m - 6 p.m.

ET)

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