Attachment B - EVALUATION PROCESS.docx

EVALUATION PROCESS

The agency has convened an evaluation board for the evaluation of responses to this notice. Responses will be evaluated in accordance with the Selection of Architects and Engineers Statute (Public Law 92-582), formerly known as the Brooks Act, and implemented in Federal Acquisition Regulation (FAR) 36.6. Specifically, SF 330 submissions will be evaluated to identify the most highly qualified firms, using the selection criteria identified above. Discussions will be held with at least three (3) of the most highly qualified firms. Interviews may be conducted. The processes at FAR 36.602-4 and FAR 36.606 will then be followed.

SELECTION INTERVIEW:

Interviews shall be scheduled with firms slated as the most highly qualified. Firms slated for interviews will be asked a series of established questions. Elaborate presentations are not desired.

GENERAL INFORMATION:

All design and work will conform to the current edition of the VA Master Specifications and VA Design Standards as published at the following site: www.cfm.va.gov; ASME, OSHA, IBC 2009, NFPA and NEC building codes and standards. Coordinate all work through the COR of Facilities Management Service. Contractor is responsible for all cleanups and refuse disposal throughout the construction period. The A-E firm will prepare drawings and specifications in enough detail such that qualified outside General Contracting companies can prepare accurate and timely proposals for the desired construction work. Microsoft Project scheduling and management software will be used by both the A-E and Contractors to allow for regular tracking of schedules and work by the VA Medical Center. Schedules with MS Project will be regularly sent to the COR upon project initiation and whenever significant changes occur in the schedule.

The estimated magnitude of construction is between $500,000 and $1,000,000.

The A-E will provide an initial estimate of cost to perform the above work and will design only those items that can be provided within the cost limitation. The Estimated Cost of Construction (ECC) shall only be provided to the Contractor in which a formal proposal is sought for the purposes of providing a proposal. The Medical Center must remain operational throughout the construction period and a detailed sequence of work will be provided by the A-E to minimize impact of the construction. The A-E will provide documents at each submission as indicated in the statement of work. The NAICS code for this procurement will be 541330, Engineering Services. The current small business size standard for 541330 is $25.5 Million.

DESIGN COSTS: All offerors are advised that in accordance with VAAR 836.606-71 the total cost of the architect or engineer services contracted for the production and delivery of designs, plans, and specifications shall not exceed six percent (6%) of the estimated cost of the construction project plus any fees for related services and activities. Additionally, FAR 52.236-22 Design Within Funding Limitations, will be applicable to this procurement action. Design limitation costs will be provided to the most highly rated A-E firm(s) selected in accordance with the outlined process.

LIMITATIONS ON SUBCONTRACTING: In accordance with VAAR 852.219-73, VA Notice of Total Service-Disabled Veteran-Owned Small Business Set-Aside and 13 CFR 125.6, a service-disabled veteran-owned small business concern (SDVOSB) agrees that, in the performance of the contract, it will not pay more than 50% of the amount paid by the government to firms that are not similarly situated. Firms that are “similarly situated” are those that are also SBA-registered SDVOSBs.

Requirement for Electronic Submission Unless paper offers are specifically authorized, all responses to this special notice must be submitted electronically as described below. The only acceptable paper form for this requirement is the receipt of past performance questionnaires. Failure to comply with this requirement may jeopardize the possibility of receiving an award for the contract due to non-compliance with the terms of the solicitation. You must submit your electronic offer, and any supplemental information (such as spreadsheets, backup data, technical information), using any of the electronic formats and media described below.

In addition, contractors are notified of the award via an electronic Notice of Award e-mail. The award document will be attached to the Notice of Award e-mail.

Acceptable Electronic Formats (Software) for Submission of Offers

1. Files readable using the current Microsoft* Office version Products: Word, Excel, PowerPoint, or Access. Spreadsheet documents must be sent in a format that includes all formulas, macro, and format information. Print or scan images of spreadsheets are not acceptable. Please see security note below for caution regarding use of macros. When submitting construction drawings contractors are required to submit one set in AutoCAD and one set in Adobe PDF. (Purpose: contracting can open the PDF version and engineering can open AutoCAD files)

2. Files in Adobe* PDF (Portable Document Format) Files: When scanning documents scanner resolution should be set to 200 dots per inch, or greater.

3. Another electronic format. If you wish to submit an offer using another format than those described in these instructions, e-mail the Contracting Officer/Specialist who issued the solicitation. Please submit your request at least five (5) calendar days before the scheduled closing date of the solicitation. Request a decision as to the format acceptability and make sure you receive approval of the alternate format before using it to send your offer.

4. Please note that we can no longer accept .zip files due to increasing security concerns.

E-mail Submission Procedures: For simplicity in this guidance, all submissions in response to a solicitation will be referred to as offers.

1. Subject Line: Include the solicitation number, name of company, and closing date of solicitation.

1. Size: Maximum size of the e-mail message shall not exceed ten (10) megabytes. The SF330, in its entirety, shall not exceed one email of 5MB. The SF330 (not including past performance questionnaires) are limited to 45 pages. If the page limits are exceeded, the pages in excess of the limit will not be read nor considered. Only one email is permitted unless otherwise stated in this paragraph or in writing by the Contract Officer submitting the solicitation. Due to VA IT Security protocols, email submissions are limited to 10Mb per email. Furthermore, it is the sole responsibility of the prospective firms to confirm receipt of their submission in its entirety prior to the closing date & time of their submission in response to this synopsis.

The Microsoft Outlook © Email time/date stamp will be used to date and time stamp offers for the official record of receipt for the submission. The date and time stamp in recipients’ “inbox” is the official record of receipt.

Security Issues, Late Bids, Unreadable Offers

1. Late submission of offers is outlined at FAR Parts 52.212-1(f), 52.214-7, and 52.215-1(c)(3). Attention is warranted to the portion of the provision that relates to the timing of submission.

1. Please see FAR 15.207(c) for a description of the steps the Government shall take with regard to unreadable offers.

1. To avoid rejection of an offer, vendors must make every effort to ensure their electronic submission is virus-free. Submissions or portions thereof submitted and which the automatic system detects the presence of a virus or which are otherwise unreadable will be treated as “unreadable” pursuant to FAR Parts 14.406 and FAR 15.207(c).

1. The virus scanning software used by our e-mail systems cannot always distinguish a macro from a virus. Therefore, sending a macro embedded in an e-mail message or an e-mail attachment may cause the e-mail offer to be quarantined. You may send both the spreadsheet and the spreadsheet saved in PDF format to ensure that your proposal is readable.

1. Password protecting your submission is not permitted. The Contracting Officer will file the offer electronically which will allow access only by designated individuals.

Important Notice:

852.219-73 VA NOTICE OF TOTAL SET-ASIDE FOR CERTIFIED SERVICE-DISABLED VETERAN-OWNED SMALL BUSINESSES (JAN 2023) (DEVIATION)

(a) Definition. For the Department of Veterans Affairs, “Service-disabled Veteran-owned small business concern or SDVOSB”:

(1) Means a small business concern—

(i) Not less than 51 percent of which is owned by one or more service-disabled Veterans or, in the case of any publicly owned business, not less than 51 percent of the stock of which is owned by one or more service-disabled Veterans or eligible surviving spouses (see VAAR 802.101, Surviving Spouse definition);

(ii) The management and daily business operations of which are controlled by one or more service-disabled Veterans (or eligible surviving spouses) or, in the case of a service-disabled Veteran with permanent and severe disability, the spouse or permanent caregiver of such Veteran.

(iii) The business meets Federal small business size standards for the applicable North American Industry Classification System (NAICS) code identified in the solicitation document.

(iv) The business has been certified for ownership and control pursuant to 38 U.S.C. 8127, 13 CFR 128, and is listed as certified in the SBA certification database at https://veterans.certify.sba.gov/; and

(v) The business agrees to comply with VAAR subpart 819.70 and Small Business Administration (SBA) regulations regarding small business size, government contracting, and the Veteran Small Business Certification Program at 13 CFR parts 121, 125, and 128.

(2) The term “Service-disabled Veteran” means a Veteran, as defined in 38 U.S.C. 101(2), with a disability that is service-connected, as defined in 38 U.S.C. 101(16).

(3) The term “small business concern” has the meaning given that term under section 3 of the Small Business Act (15 U.S.C. 632).

(4) The term “small business concern owned and controlled by Veterans with service-connected disabilities” has the meaning given the term “small business concern owned and controlled by service-disabled veterans” under section 3(q)(2) of the Small Business Act (15 U.S.C. 632(q)(2)).

(5) The term "SDVOSB participant” or certified SDVOSB means a small business that has been certified in the SBA Veteran Small Business Certification Program and listed in the SBA certification database (see 13 CFR 128.102).

(b) General. In order for a concern to submit an offer and be eligible for the award of an SDVOSB set-aside or sole source contract, the concern must qualify as a small business concern under the size standard corresponding to the NAICS code assigned to the contract and be listed as an SDVOSB participant in the SBA certification database as set forth in 13 CFR 128.

(1) Offers received from entities that are not certified SDVOSBs and listed in the SBA certification database at the time of offer shall not be considered.

(2) Any award resulting from this solicitation shall be made to a certified SDVOSB listed in the SBA certification database who is eligible at the time of submission of offer(s) and at the time of award.

(3) The requirements in this clause apply to any contract, order or subcontract where the firm receives a benefit or preference from its designation as an SDVOSB, including set-asides, sole source awards, and evaluation preferences.

(c) Representation. Pursuant to 38 U.S.C. 8127(e), only certified SDVOSBs listed in the SBA certification database are considered eligible to receive award of a resulting contract. By submitting an offer, the prospective contractor represents that it is an eligible and certified SDVOSB as defined in this clause, 13 CFR 121, 125, and 128, and VAAR subpart 819.70.

(d) Agreement/LOS certification. When awarded a contract action, including orders under multiple-award contracts, an SDVOSB agrees that in the performance of the contract, the SDVOSB shall comply with requirements in VAAR subpart 819.70 and SBA regulations on small business size, and government contracting programs at 13 CFR part 121 and part 125, including the non-manufacturer rule and limitations on subcontracting (LOS) requirements in 13 CFR 121.406(b) and 13 CFR 125.6. For the purpose of limitations on subcontracting, only certified SDVOSBs listed in the SBA certification database (including independent contractors) shall be considered eligible and/or “similarly situated” (i.e., a firm that has the same small business program status as the prime contractor). An otherwise eligible firm further agrees to comply with the required (LOS) certification requirements in this solicitation (see 852.219-75 or 852.219-76 as applicable). These requirements are summarized as follows:

(1) Services. In the case of a contract for services (except construction), the SDVOSB prime contractor will not pay more than 50% of the amount paid by the government to the prime for contract performance to firms that are not certified SDVOSBs listed in the SBA certification database (excluding direct costs to the extent they are not the principal purpose of the acquisition and the SDVOSB/VOSB does not provide the service, such as airline travel, cloud computing services, or mass media purchases). When a contract includes both services and supplies, the 50 percent limitation shall apply only to the service portion of the contract.

(2) Supplies/products. (i) In the case of a contract for supplies or products (other than from a non-manufacturer of such supplies), the SDVOSB prime contractor will not pay more than 50% of the amount paid by the government to the prime for contract performance, excluding the cost of materials, to firms that are not certified SDVOSBs listed in the SBA certification database. When a contract includes both supply and services, the 50 percent limitation shall apply only to the supply portion of the contract.

(ii) In the case of a contract for supplies from a non-manufacturer, the SDVOSB prime contractor will supply the product of a domestic small business manufacturer or processor, unless a waiver as described in 13 CFR 121.406(b)(5) has been granted. Refer to 13 CFR 125.6(a)(2)(ii) for guidance pertaining to multiple item procurements.

(3) General construction. In the case of a contract for general construction, the SDVOSB prime contractor will not pay more than 85% of the amount paid by the government to the prime for contract performance, excluding the cost of materials, to firms that are not certified SDVOSBs listed in the SBA certification database.

(4) Special trade construction contractors. In the case of a contract for special trade contractors, no more than 75% of the amount paid by the government to the prime for contract performance, excluding the cost of materials, may be paid to firms that are not certified SDVOSBs listed in the SBA certification database.

(5) Subcontracting. An SDVOSB subcontractor must meet the NAICS size standard assigned by the prime contractor and be certified and listed in the SBA certification database to count as similarly situated. Any work that a first tier VIP-listed SDVOSB subcontractor further subcontracts will count towards the percent of subcontract amount that cannot be exceeded. For supply or construction contracts, the cost of materials is excluded and not considered to be subcontracted. When a contract includes both services and supplies, the 50 percent limitation shall apply only to the portion of the contract with the preponderance of the expenditure upon which the assigned NAICS is based. For information and more specific requirements, refer to 13 CFR 125.6.

(e) Required limitations on subcontracting compliance measurement period. An SDVOSB shall comply with the limitations on subcontracting as follows:

[Contracting Officer check as appropriate.]

____ By the end of the base term of the contract or order, and then by the end of each subsequent option period; or

__X__ By the end of the performance period for each order issued under the contract.

(f) Joint ventures. A joint venture may be considered eligible as an SDVOSB if the joint venture 13 CFR 128.402 and the managing joint venture partner makes the representations under paragraph (c) of this clause. A joint venture agrees that, in the performance of the contract, the applicable percentage specified in paragraph (d) of this clause will be performed by the aggregate of the joint venture participants.

(g) Precedence. The VA Veterans First Contracting Program, as defined in VAAR 802.101, subpart 819.70, and this clause, takes precedence over any inconsistencies between the requirements of the SBA Veteran Small Business Certification Program, and the VA Veterans First Contracting Program.

(h) Misrepresentation. Pursuant to 38 USC 8127(g), any business concern, including all its principals, that is determined by VA to have willfully and intentionally misrepresented a company’s SDVOSB status is subject to debarment from contracting with the Department for a period of not less than five years (see VAAR 809.406-2 Causes for Debarment).

(End of clause)