P02 Intent to Sole Source - Determining Procurement Strategy and Viability of Sources.pdf

Intent to Sole Source Determining Procurement Strategy and Viability of Sources

If the Contractor is a Service-Disabled Veteran-Owned Small Business (SDVOSB), a Veteran-Owned Small Business (VOSB), or any other special category of contractors, then the Contractor is responsible for providing documentation in support of this. This information will be used to determine the viability of a set aside for this requirement. If any of the requested information is not supplied with the response, this may result in the Contractor not being considered in the Government’s Procurement Strategy.

The following information is required for determining procurement strategy and viability of sources:

The Contractor is aware that set aside requirements have limitations on subcontracting.

Provide your site location and supporting documentation.

Given your location and proximity to the service site, how do you plan to accomplish self-performance of this work?

If your intention is to subcontract work, what tasks will be performed by you as the prime Contractor?

What tasks will require a subcontractor due to your inability to perform them within your company?

How many years of experience does your company have in performing tasks of this nature, of this scope and this complexity?

How many years of service do your proposed technicians have performing tasks of this nature, this scope, and this complexity?

How many years does your proposed subcontractor have in performing tasks of this nature, this scope, and this complexity?

How many jobs of this of this nature, of this scope and this complexity have you performed in the past five years?

How many certified/licensed technicians does your company currently employ?

Interested Contractors shall provide a capability statement which states their competence of similar work or complexity as stated in the SOW/PWS.

Contractors shall also identify any Federal Supply Schedules that may carry the desired services.

Contractors shall identify pertinent point of contact for company, contractor UEI and DUNS number for size standard and socioeconomic verification in SAM and VIP, as well as for any intended subcontractors.

Contractor shall provide two (2) to three (3) instances of past experience which demonstrate that they are a firm regularly engaged in this type of work, to include subcontractors for those jobs.

Contractor shall provide a listing of any teaming agreements they intend to employ in the performance of this requirement if awarded.

Contractor shall supply proof of any applicable certification or training required to meet the regulatory requirements, if applicable.

Contractors shall include any relevant comments about the Attachment(s) if applicable.

Below is the Limitation on Subcontracting – Certificate of Compliance Clause. Please complete this as part of your response.

852.219-77 VA Notice of Limitations on Subcontracting—Certificate of Compliance for Services and Construction.

As prescribed in 819.7009(c) insert the following clause:

VA NOTICE OF LIMITATIONS ON SUBCONTRACTING—CERTIFICATE OF COMPLIANCE FOR

SERVICES AND CONSTRUCTION (SEP 2021) (DEVIATION)

(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) [X] 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 852.219-10 or VOSBs as set forth in 852.219-11. 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.

(ii) [ ] General construction. In the case of a contract for general construction, the Contractor will not pay more than 85% of the amount paid by the government to it to firms that are not VIP-listed SDVOSBs as set forth in 852.219-10 or VOSBs as set forth in 852.219-11. Any work https://www.va.gov/oal/library/vaar/vaar819.asp#8197009c https://www.acquisition.gov/far/part-2#FAR_2_101 https://www.va.gov/oal/library/vaar/vaar852.asp#85221910 https://www.va.gov/oal/library/vaar/vaar852.asp#85221911 https://www.va.gov/oal/library/vaar/vaar852.asp#85221910 https://www.va.gov/oal/library/vaar/vaar852.asp#85221911 that a similarly situated VIP-listed subcontractor further subcontracts will count towards the 85% subcontract amount that cannot be exceeded. Cost of materials are excluded and not considered to be subcontracted.

(iii) □ Special trade construction contractors. In the case of a contract for special trade contractors, the Contractor will not pay more than 75% of the amount paid by the government to it to firms that are not VIP-listed SDVOSBs as set forth in 852.219-10 or VOSBs as set forth in 852.219-11. Any work that a similarly situated subcontractor further subcontracts will count towards the 75% subcontract amount that cannot be exceeded. Cost of materials are excluded and not considered to be subcontracted.

(2) The offeror acknowledges that this certification concerns a matter within the jurisdiction of an Agency of the United States. The offeror further acknowledges that this certification is subject to Title 18, United States Code, Section 1001, and, as such, a false, fictitious, or fraudulent certification may render the offeror subject to criminal, civil, or administrative penalties, including prosecution.

(3) If VA determines that an SDVOSB/VOSB awarded a contract pursuant to 38 U.S.C. 8127 did not act in good faith, such SDVOSB/VOSB shall be subject to any or all of the following:

(i) Referral to the VA Suspension and Debarment Committee;

(ii) A fine under section 16(g)(1) of the Small Business Act (15 U.S.C. 645(g)(1)); and

(iii) Prosecution for violating section 1001 of title 18.

(b) The offeror represents and understands that by submission of its offer and award of a contract it may be required to provide copies of documents or records to VA that VA may review to determine whether the offeror complied with the limitations on subcontracting requirement specified in the contract. The Contracting Officer may, at their discretion, require the Contractor to demonstrate its compliance with the limitations on subcontracting at any time during performance and upon completion of a contract if the information regarding such compliance is not already available to the Contracting Officer. Evidence of compliance includes, but is not limited to, invoices, copies of subcontracts, or a list of the value of tasks performed.

(c) The offeror further agrees to cooperate fully and make available any documents or records as may be required to enable VA to determine compliance with the limitations on subcontracting requirement. The offeror understands that failure to provide documents as requested by VA may result in remedial action as the Government deems appropriate.

(d) Offeror completed certification/fill-in required. The formal certification must be completed, signed, and returned with the offeror’s bid, quotation, or proposal. The Government will not consider offers for award from offerors that do not provide the certification, and all such responses will be deemed ineligible for evaluation and award.

Certification:

https://www.va.gov/oal/library/vaar/vaar852.asp#85221910 https://www.va.gov/oal/library/vaar/vaar852.asp#85221911

I hereby certify that if awarded the contract, [insert name of offeror] will comply with the limitations on subcontracting specified in this clause and in the resultant contract. I further certify that I am authorized to execute this certification on behalf of [insert name of offeror].

Printed Name of Signee: _________________________________ Printed Title of Signee: ________________________________ Signature: ______________________________________________ Date: ___________________________________________________ Company Name and Address: _______________________________

(End of clause)