Active

Contract Opportunity

This request for A-E firm qualifications packages is 100% set-aside for Service-Disabled Veteran Owned Small Business (SDVOSB) concerns under VAAR 852.219-73, VA Notice of Total Set-Aside for Certified Service-Disabled Veteran-Owned Small Businesses (Jan 2023) (Deviation)
THIS IS NOT A REQUEST FOR PROPOSAL. THIS IS A REQUEST FOR SF 330'S ARCHITECT- ENGINEER QUALIFICATION PACKAGES ONLY.
PUBLIC ANNOUNCEMENT FOR PROCUREMENT OF ARCHITECT-ENGINEERING (A-E) SERVICES: This is a request for Standard Form 330, Architect-Engineer Qualifications only. A-E Services are being procured 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) subpart 36.6. All submissions will be evaluated in accordance with the below selection criteria. The Government will not pay, nor reimburse, any costs associated with responding to this request. The Government is under no obligation to award a contract as a result of this announcement. Firms will be selected based on demonstrated competence and qualifications for the required work. Any resulting award for the proposed A-E services will be procured under a negotiated Firm-Fixed Price contract.
GENERAL INFORMATION:
The Department of Veterans Affairs, Durham Veterans Administration Health Care System, is seeking sources and intends to award a firm fixed-price contract for Architect-Engineering (A-E) firm to provide Schematics, Design Development, Construction Documents, Technical Specifications, Construction Period Services, Site Visits, Cost Estimates, As-Built Documentation, and all other related information for Project #558-23-155, Generator Exhaust Modification located at 508 Fulton Street, Durham, North Carolina 27705.
The A-E Services listed herein is being procured in accordance with the Federal Acquisition Regulation (FAR) 36.6 and VAAR 836.6. Potential contractors must be registered in SAM (www.sam.gov) and visible/certified in the SBA certification database at https://veterans.certify.sba.gov/ at time of submission of their qualifications in order to be considered for an award. As a prospective offeror for this Service-Disabled Veteran-Owned Small Business (SDVOSB) set aside, you are verifying your company meets the status requirements of a SDVOSB concern as established by VAAR 852.219-73.
Pursuant to 38 U.S.C. 8127(l)(2), all interested firms are required to submit the certification at VAAR 852.219-75 VA Notice of Limitations on Subcontracting Certificate of Compliance for Services and Construction (Jan 2023) (Deviation) with their qualification package. The Government will not consider submissions from firms that do not provide the signed certification, and all such responses will be deemed ineligible for evaluation and award.
The Durham VA Health Care System is a working facility and phasing plans for minimizing downtime, and provisions for continuation of service during outages is critical to this project.
Point of Contact: Elaine Belber, Contract Specialist Email: Elaine.Belber@va.gov
PROJECT INFORMATION:
Project No. 558-23-155
Project Title: A-E: Generator Exhaust Modification
Durham VA Health Care System
508 Fulton Street
Durham, NC 27705
The NAICS Code for this procurement is 541330, Engineering Services, and the applicable Small Business Size Standard is $25.5 million annual revenue. The projected award date for the anticipated A-E contract is on or before June 28, 2024.
The NAICS code for the anticipated Construction project is projected to be 236220 and magnitude of construction is predicted to be between $500,000 and $1,000,000. The anticipated award date of the construction phase of the project is to be determined (TBD).
An Architect & Engineer (A-E) contract will be negotiated for the development of complete construction documents which include working drawings, specifications, reports, and construction period services. The A-E will be given written information; participate in project planning meetings, pre-proposal meeting, and pre-construction meeting as required; communicate with VA personnel via telephone or e-mail; and is expected to coordinate so that the final documents include all requirements in accordance with industry standard practices, VA standards, VA design manuals, and review comments.
STATEMENT OF TASK/SCOPE OF WORK:
Provide professional engineering services to include phasing recommendations, investigative surveys and reports, planning, consultation and visits, design work, preparation of contract drawings and specifications, preparation of cost estimates and provision of construction period services as necessary for all demolition, construction, inspection, testing and certification for all mechanical, electrical, and plumbing components for project 558-23-155 the modification of generator exhaust at Durham VA Health Care System, Durham, NC.
The intent of this project is to modify the generator exhaust to prevent exhaust smell from entering the patient treatment areas. After options are developed, the A/E shall work in conjunction with VAMC Staff and interested Agencies to determine the best options, then design and prepare construction documents for the mechanical, electrical, instrument & control, structural and other applicable components of this Project. The design shall include the desired future condition and allow for future construction of components without significant effect to the constructed components. The design process shall also provide a prioritization of the individual components.

Location of Work: This project location is building #1. This building stands alone and is across from the station Chiller Plant in building #9. Durham VAMC building #1 located at 508 Fulton Street Durham, NC 27705.

Codes and Standards: This project will meet but is not limited to the following most recent codes and standards.
All Federal and local codes including:
National Fire Protection Association 101, 92B, 92, 96, 72, 37, 13, 241, and 90a
National Electric Code (NEC)
Life Safety Codes
Other applicable codes
VA Numbered Standards for Construction:
PG-18-1 Master Construction Specifications
PG-18-3 Design and Construction Procedures
PG-18-4 Standard Details and CAD Standards
PG-18-5 Equipment Guide List
H-18-8 Seismic Design Handbook
PG-18-9 Space Planning Criteria, and VA-Space & Equipment Planning System (VA-SEPS)
PG-18-10 Design Manuals (by discipline)
Architectural
Asbestos Abatement
Electrical
Fire Protection
HVAC systems
Steam, Heating Hot Water, and Outside Distribution Systems Design Manual Volumes 1, 2 and 3
Structural
PG-18-12 Design Guides (graphical, by function)
PG-18-13 Barrier Free Design Standard
PG-18-14 Room Finishes, Door, and Hardware Schedule Change Summary
PG-18-15 Minimum Requirements for A/E Submissions
PG-18-17 Environmental Planning Guidance
D-7545 Cultural Resource Management
H-7545 Cultural Resource Management Procedures
Office of Construction & Facilities Management - Architect/Engineer Information:
National CAD Standard, VHA Application Guide
VA BIM Standard v2.2
Drawing Deliverable Requirements (DDR)

Architect-Engineering Services:
The project design shall be completed in accordance with this A/E scope and all appropriate Department of Veterans Affairs (VA) standards, specifications, and other criteria otherwise required by the VA. The A/E shall retrieve all VA design information and standards from the VA Facilities Web Site (TIL Catalog - Office of Construction & Facilities Management (va.gov)). These documents and all national, state and local codes adopted and used by the VA shall be incorporated in the design of this project and reflected in the construction cost estimate. The A/E shall use as applicable, for planning and design purposes, the VA Numbered Standards for Construction listed under SCOPE OF WORK Codes and Standards above.
Analysis - As part of the design the A/E will provide a detailed analysis (per applicable code) and comprehensive review of existing conditions for the exhaust for three generators in building 1.
Design Scope A full design will be created by the A/E based, in part, of the VA approved option after analysis. The A/E will provide a design of a code compliant exhaust which will include but is not limited to:
Determination of proper material or materials.
Full consideration of the existing exhaust systems.
A NFPA 37 designed exhaust system with calculations and test procedures. Ensure coordination with existing building exhausts are provided per NFPA 37 and discussed with VA personnel.
NESHAP and abatement plans for the affected locations for the exhaust.
Design: Provide design documents with working drawings, specifications, and cost estimate at 30%, 65%, 95%, and 100% design and Final stages.

Design Deliverables:
Design Report (included in Part I submission): Prior to the initiation of any detailed design, the A/E shall, in conjunction with representatives of the Engineering Department, review documentation, conduct department interviews and tour project areas. Next the A/E will develop various alternatives, which will be presented to the Engineering Department for selection with Rough Order of Magnitude (ROM) construction estimates.
Part I - 30% Submission: The requirements are working drawings at the 30% stage, marked-up specifications, and a detailed construction cost estimate showing a quantitative survey of all labor and material. Submit 3 full size set of drawings (22 x 34 ) on bond paper, 4 half size set of drawings (11 x 17 ) on bond paper, 2 copies of the marked-up specifications, 1 copy of the preliminary construction cost estimate, and an electronic copy of the drawings (.pdf and AutoCAD) and specifications (.docx and .pdf) on a CD ROM.
Part II - 65% Submission: The requirements are working drawings at the 65% stage, marked-up specifications, and a detailed construction cost estimate showing a quantitative survey of all labor and material. Submit 2 full size set of drawings (22 x 34 ) on bond paper, 4 half size set of drawings (11 x 17 ) on bond paper, 4 copy of the marked-up specifications, 2 copy of the preliminary construction cost estimate, and an electronic copy of the drawings (.pdf and AutoCAD) and specifications on a CD-ROM.
Part III - 95% Submission: The requirements are complete construction drawings showing all details and views, updated detailed cost estimate, and finalized specifications. Submit 3 full size set of drawings (22 x 34 ) on bond paper, 4 half size set of drawings (11 x 17 ) on bond paper, 4 copies of the marked-up specifications the updated construction cost estimate, the submittal register, Narrative for the Solicitation (Provide the brief description of work for inclusion in the solicitation, and an electronic copy of the drawings (.pdf and AutoCAD) and specifications on a CD-ROM.
Part IV - 100% Submission: Provide 3 full size set of drawings (22 x 34 ) on bond paper, 4 sets of half size drawings (11 x 17 ) on bond paper, 2 bound sets of specifications, and an electronic copy of the drawings (.pdf and AutoCAD) and specifications on a CD-ROM.
Part V - Final Submission: Provide 2 set of drawings (30 x42 ) on bond paper, 4 sets of half size drawings on bond paper, a bound set of specifications, a set of unbound specifications, and an electronic copy of the drawings (.pdf and AutoCAD) and specifications on a CD-ROM. Additionally provide:
Narrative for the Solicitation: Provide the brief description of work for inclusion in the solicitation. Provide 2 copies.
Engineering Calculations: Provide analysis including Engineering Calculations. Provide 2 copies.
Justifications: Provide justification statements for any sole source items and any Or-equal items included in the design. Provide 2 copies.
The design deliverables must adhere to the following requirements:
Specifications: The project specifications shall be prepared in Microsoft Word by the A/E from the VA Master Specifications. The general format shall include; Part 1-General, Part 2-Products, and Part 3-Execution. Part 1 verbiage shall include the general requirements, identify applicable standards, and identify submittals required for a particular specification. This information should be directly related and correspond to a specific submittal number enumerated in the Submittal Register as identified below. Part 2 shall include description of the salient characteristics of the products. Part 3 shall include a description of the methods used to install items of construction. The A/E shall identify all VA Master Specification sections applicable to the project and edit them accordingly to fit the scope of work. If additional specification sections are needed that are not listed in the VA Master Specs, the A/E is responsible to write and edit an appropriate CSI format specification section. Specifications shall be printed on 8 ½ x 11 bond paper using 12pt Times-New-Roman fonts. The A/E shall incorporate into the specifications and its construction site inspection procedures the applicable Infection Control and Dust Control provisions.
Construction Cost Estimates: The A/E shall prepare Construction Cost Estimates in Microsoft Excel using the CSI 34-division format. The Cost Estimates shall include a copy of the quantity take-offs, breakdown of individual line items that accurately reflect the quantity take-off of the various categories of work involved, unit of measure, quantities, unit cost, overhead, and profit. All cost data shall be taken from the most current version of a recognized industry standard, e.g. Means Estimating Guides. For items that are not in the industry standards, vendor quotes and justification for labor hours shall be provided. Construction Cost Estimates shall be submitted with 65%, 95% and 100% design reviews and for the Final submission. Provide 2 copies with each submission. As part of the cost estimating effort, the A/E shall provide a Schedule of Values such that discrete elements of the Specifications are identified and may be used in negotiations with a proposal solicitation.
Submittal Register: The A/E shall develop a list of all uniquely identified submittals required by the specifications in Section 1 of each individual specification. This submittal register should be submitted to the COR for approval in Microsoft Excel using the CSI 34-division format. The register should include specification reference, and item to be reviewed/approved and correspond to the Submittal Requirements as identified in the Specification Section addressed in paragraph above. Submittal Register shall be submitted with 95% and 100% design reviews and for the Final submission. Provide 2 copies with each submission.
Narratives: Written narratives shall be included as part of each design submission. The narrative should be used to elaborate on and provide an explanation of key design decisions by A/E and/or the VA, objectives, obstacles, alternatives and resolutions, design issues or decisions relating to constructability, and in general to communicate all information relevant to the design submission. Provide 2 copies with each submission.
Reproduction: The A/E shall be responsible for all reproduction during design; however, only materials which are submitted to the VA for design reviews shall be reimbursable. All other reproduction for in-house reviews, consultants, etc. shall not be reimbursed. Note that all solicitation administration activities will be performed by the VA Contracting office.

Submission Due Dates:
Part I 30% Submission Due: 30 Days from NTP
VA Review 50 Days from NTP
Part II 65% Submission Due: 70 Days from NTP
VA Review 90 Days from NTP
Part III 95% Submission Due : 110 Days from NTP
VA Review 130 Days from NTP
Part IV 100% Documents Due: 150 Days from NTP
VA Review 170 Days from NTP
Part V Final Documents Due: 190 Days from NTP

Note: The VA will have 20 days to review each submission 30%, 65%, 95%, 100% and Final.

Construction - Provide construction period services which shall include submittal review and as-built preparation.
Potential Contractors Site Visit: Participate and facilitate this site visit in conjunction with the Contracting Officer and COR, contractors, and representatives of the Building Committee as needed. At this meeting, potential contractors will walk the site limits to discuss the scope of work. The AE shall also be required to evaluate RFIs resulting from the Potential Contractor Site Visit, to clarify project requirements.
Pre-Construction Meeting: Participate and facilitate this meeting in conjunction with the Contracting Officer and COR, contractor, and representatives of the Building Committee as needed. At this meeting the staging area and work site rules shall be discussed again with the contractor (these should already be included in the specifications). Contract specifications should require a construction schedule submitted within 14 calendar days from the Notice to Proceed.
Submittal Review and Logs: Designer shall prepare and maintain a log of key submittals and of RFIs and provide the same to the Contracting Officer and COR. Reviewed submittals are to be returned within 5 working days to the COR. Designer is fully responsible for review of all submittals, retaining a record copy of submittals for turn over to the owner upon project completion, and communication with the contractor regarding any deficiencies or changes required to the submittals.
Response to RFIs: The A/E shall be responsible for evaluating RFIs to determine if a change will be required. The A/E shall then provide recommendations to the Contracting Officer. Within 48 hours, the A/E shall provide in writing the information, clarification or revision material needed to properly answer the RFI and to resolve the issue. The A/E shall include a cost/credit estimate for RFIs which result in a change to contract cost.
Construction Change Orders: Designer shall prepare the Statement of Work and Cost estimates (returned within 10 calendar days) and track the total cost and changes to the project.
Monthly Site Inspections: Designer shall meet monthly with the contractor, COR and others needed to inspect the progress of the construction and report any deficiencies to the same.
Monthly Progress Meetings: In conjunction with the monthly site inspection, the designer shall hold formal progress meetings with contractor, contracting officer, and COR. At these meetings the agenda shall contain a narrative of work completed the previous month, work upcoming, submittals or RFIs outstanding, schedule update, any special coordination items requiring actions, and discussion of change orders or time extension requests. Minutes of this meeting shall be issued within 3 working days of the meeting.
Final Acceptance Testing: The design team shall provide an engineer that will conduct final acceptance testing of the ventilation and cooling systems that were designed and installed during this project. The engineer will provide a detailed acceptance test report upon project completion. The engineer will coordinate all testing with the Durham VAMC and the AHJ.
Project Close Out: Designer shall receive notice of intent for final inspection from the COR, and contractor shall propose a time and place for this to occur in conjunction with the Contracting Officer and the COR. Following the final inspection, the designer shall issue a punch list. Contract documents shall specify that the contractor has 15 calendar days to complete the punch list and notify the designer for re-inspection. Following re- inspection and project acceptance the closeout phase will occur.
Record Drawing Submission: Provide 2 updated sets of drawings (22 x34 ) on bond marked as As-built Drawings that include the contractor s mark-ups and an electronic copy of the drawings (.pdf and AutoCAD) on a CD-ROM.

Construction Amount: The project is to be designed with an estimated magnitude of construction cost between $500,000 and $1,000,000. If the base solicitation cost exceeds budget, the A/E shall redesign or take steps necessary to reduce cost, so the budget limitations are not exceeded.

Period of Performance: Vendor shall complete this project NLT than 385 days after issue of notice to proceed (NTP).

Required Training
All contractor employees and subcontractor employees requiring access to VA information and VA information systems shall complete the following before being granted access to VA information and its systems:
Sign and acknowledge (either manually or electronically) understanding of and responsibilities for compliance with the Contractor Rules of Behavior, Appendix D relating to VA information and information systems.
Successfully complete the appropriate VA privacy training and annually complete required privacy training.
The contractor shall provide to the contracting officer and/or the COR a copy of the training certificates and certification of signing the Contractor Rules of Behavior for each applicable employee within 1 week of the initiation of the contract and annually thereafter, as required.
Failure to complete the mandatory annual training and sign the Rules of Behavior annually, within the timeframe required, is grounds for suspension or termination of all physical or electronic access privileges and removal from work on the contract until such time as the training and documents are complete.

Release of Claims: Prior to the final payment under each delivery order issued under this contract or prior to settlement upon termination of the delivery order, and as a condition precedent thereto, the A/E shall execute and deliver to the Contracting Officer a release of all claims against the Government arising under or by virtue of this contract, other than such claims, if any, as may be specifically excepted by the A/E from the operation of the release in stated amounts to be set forth therein.

Project Area
END OF SCOPE OF WORK

A-E SELECTION 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 below. Discussions will be held with at least three (3) of the most highly qualified firms, in accordance with FAR 36.602-3(c). The processes at FAR 36.602-4 and FAR 36.606 will then be followed. Selected firms will be notified by telephone or email of selection and provided further instructions.
Evaluating past performance and experience may include information provided by the firm, customer inquiries, Government databases, and publicly available sources. Failure to provide requested data, accessible points of contact or valid phone numbers could result in a firm being considered less qualified. All projects provided in the SF330 must be completed by the office/branch/individual team member performing the work under this contract.
SELECTION CRITERIA: Evaluation and selection of firms will be based on submissions and direct responses to the following criteria which are numbered in descending order of importance:
Professional qualifications necessary for satisfactory performance of required services showing recent experience of the project team with comparable hospital projects within the past five years in which the construction has been completed.
Do the qualifications indicate that the project team has recent direct experience on Hospital projects designing similar improvements to those proposed at the Durham VAMC? Is the architect/engineer providing a team where each member has more than 5 years of experience in the project s key engineering disciplines?
Specialized experience and technical competence in the type of work required, specifically HVAC systems, infection control and life safety requirements.
Does the architect/engineer provide evidence of understanding of the project; and any unique architectural/engineering aspects associated with the proposed project and how to address them?
Capacity to accomplish the work in the required time.
Does the proposed design team have sufficient capacity to work on this project? Has the firm demonstrated an ability to meet design schedules in the past and their record of working together as a team?
Past performance on contracts with Government agencies and private industry in terms of cost control, quality of work, and compliance with performance schedules in a hospital setting.
Does the proposed architect/engineer have past performance with ratings satisfactory and above while working on hospital projects?
Does the architect/engineer have a reputation and standing of the firm and its principal officials with respect to professional performance, general management, and cooperativeness.
Experience in construction period services to include professional field inspections during the construction period, review of construction submittals, support in answering requests for information during the construction period, and support of construction contract changes to include drafting statements of work, and cost estimates.
What evidence do the qualifications provide as to the architect/engineer s commitment to proactive and consistent representation during construction specifically answering RFIs, reviewing submittals and conducting periodic site visits?
No record of significant claims against the firm because of improper or incomplete architectural and engineering services.
The extent to which potential firms identify and commit to the use of service-disabled Veteran-owned small businesses, Veteran-owned small businesses, and other types of small businesses as subcontractors.

Location
In the event that evaluations of SF330s result in the same rating, proximity to the facility will be used as a tiebreaker. This distance will be determined according to http://maps.google.com/. For firms which have multiple/regional offices, the location of the primary project team will be used to calculate the distance and should be provided in the SF330.

The Department of Veterans Affairs shall evaluate each potential contractor in terms of the following as M firm meeting the synopsized selection criterion and "NM" means that the firm did not meet the synopsized selection criterion.:
Selection Criteria
Professional qualifications necessary for satisfactory performance of required services showing recent experience of the project team with comparable hospital projects within the past five years in which the construction has been completed.
Specialized experience and technical competence in the type of work required, specifically HVAC systems, infection control and life safety requirements.
Capacity to accomplish the work in the required time.
Past performance on contracts with Government agencies and private industry in terms of cost control, quality of work, and compliance with performance schedules in a hospital setting.

Experience in construction period services to include professional field inspections during the construction period, review of construction submittals, support in answering requests for information during the construction period, and support of construction contract changes to include drafting statements of work, and cost estimates.
No record of significant claims against the firm because of improper or incomplete architectural and engineering services.
The extent to which potential firms identify and commit to the use of service-disabled Veteran-owned small businesses, Veteran-owned small businesses, and other types of small businesses as subcontractors.
Location
PLEASE NOTE: The A-E Evaluation Board must be provided with complete and accurate information for ALL eight (8) evaluation factors above in order to rank as qualified and eligible firms. Therefore, the A-E firm must expand upon, as it deems necessary, on any evaluation factor not well demonstrated or addressed with Part 1A to Part IG and Part II of the SF330. The A-E firm shall use Part IH and/or use additional sheets to supplement/address all evaluation factors to clearly demonstrate its qualifications.
LIMITATIONS:
852.219-73 VA Notice of Total Set-Aside for Certified Service-Disabled Veteran-Owned Small Businesses.
852.219-75 VA Notice of Limitations on Subcontracting Certificate of Compliance for Services and Construction.
SUBMISSION CRITERIA/REQUIREMENTS:
Interested firms having the capabilities to perform this work must submit:
ONE (1) ELECTRONIC SF 330, including Parts I and II, and attachments (if any) electronically to Elaine.Belber@va.gov no later than 3:00 P.M. Eastern Daylight Time on March 19, 2024.
Interested firms are responsible for ensuring electronic delivery of submission by the time and the date specified. It is highly recommended interested firms confirm electronic submissions have been received by the Contract Specialist.
Size limits of e-mails are restricted to 10MB. If more than one email is sent, please number emails in Subjects as 1 of n . (Example: SF330 Submission, #36C24624R0046 Generator Exhaust Modification, Project #558-23-155 (1 of n, 2 of n, etc.).
All SF330 submissions shall be clearly indicated in subject line, displaying the procurement number and project title (abbreviated or shortened is acceptable).
Interested firms are responsible for ensuring delivery of submission.
ALL SF 330 SUBMISSIONS MUST INCLUDE THE FOLLOWING INFORMATION, EITHER ON THE SF 330 OR BY ACCOMPANYING DOCUMENT:
1) Cage Code
2) Unique Entity Identifier (UEI) Number
3) Tax ID Number
4) The E-mail address and Phone number of the Primary Point of Contact
5) SF 330 MUST INDICATE THE PERCENTAGE of the contract performance cost that will be expended by the prime firm s employees and in which discipline(s) and subcontracted percentage of contract performance cost to be expended (and in what disciplines). Any subcontracted or otherwise business entity must be identified by name, office location and size/type of business (i.e. SDVOSB, VOSB, large, etc.).
6) A copy of the completed VAAR Clause 852.219-75 VA Notice of Limitations on Subcontracting Certificate of Compliance for Services and Construction. (NOTE: The Government will not consider submissions from firms that do not provide the signed certification, and all such responses will be deemed ineligible for evaluation and award.)

The firm and or A-E on staff representing the project must follow State of North Carolina guidelines under State law for all licensing requirements to sign and seal drawings.
Each respondent must be able to demonstrate the ability to comply with the Limitations on Subcontracting, in accordance with FAR Clause 52.219-14 and VAAR Clauses 852.219-73 and 852.219-75.
Electronic submittals received after the date and time specified will not be considered. Late proposal rules per FAR 15.208 will be followed for late submittals. Firms not providing the required information may not be considered. All information must be included in the SF330 submission package.
It is the offeror s responsibility to check the Contract Opportunities website at: www.SAM.gov for any revisions to this announcement prior to submission of SF330s.

VENDOR QUESTIONS:
All questions shall be submitted to Elaine.Belber@va.gov no later than 3:00 P.M. Eastern Standard Time on March 8, 2024.
52.219-14Â Limitations on Subcontracting.
As prescribed in 19.507(e), insert the following clause:
Limitations on Subcontracting (Oct 2022)
(a)Â This clause does not apply to the unrestricted portion of a partial set-aside.
(b) Definition. Similarly situated entity, as used in this clause, means a first-tier subcontractor, including an independent contractor, that
(1)Â Has the same small business program status as that which qualified the prime contractor for the award (e.g., for a small business set-aside contract, any small business concern, without regard to its socioeconomic status); and
(2)Â Is considered small for the size standard under the North American Industry Classification System (NAICS) code the prime contractor assigned to the subcontract.
(c) Applicability. This clause applies only to
(1) Contracts that have been set aside for any of the small business concerns identified in 19.000(a)(3);
(2) Part or parts of a multiple-award contract that have been set aside for any of the small business concerns identified in 19.000(a)(3);
(3) Contracts that have been awarded on a sole-source basis in accordance with subparts 19.8, 19.13, 19.14, and 19.15;
(4) Orders expected to exceed the simplified acquisition threshold and that are
(i) Set aside for small business concerns under multiple-award contracts, as described in 8.405-5 and 16.505(b)(2)(i)(F); or
(ii) Issued directly to small business concerns under multiple-award contracts as described in 19.504(c)(1)(ii);
(5)Â Orders, regardless of dollar value, that are
(i) Set aside in accordance with subparts 19.8, 19.13, 19.14, or 19.15 under multiple-award contracts, as described in 8.405-5 and 16.505(b)(2)(i)(F); or
(ii) Issued directly to concerns that qualify for the programs described in subparts 19.8, 19.13, 19.14, or 19.15 under multiple-award contracts, as described in 19.504(c)(1)(ii); and
(6) Contracts using the HUBZone price evaluation preference to award to a HUBZone small business concern unless the concern waived the evaluation preference.
(d) Independent contractors. An independent contractor shall be considered a subcontractor.
(e) Limitations on subcontracting. By submission of an offer and execution of a contract, the Contractor agrees that in performance of a contract assigned a North American Industry Classification System (NAICS) code for
(1) Services (except construction), it will not pay more than 50 percent of the amount paid by the Government for contract performance to subcontractors that are not similarly situated entities. Any work that a similarly situated entity further subcontracts will count towards the prime contractor's 50 percent subcontract amount that cannot be exceeded. When a contract includes both services and supplies, the 50 percent limitation shall apply only to the service portion of the contract;
(2) Supplies (other than procurement from a nonmanufacturer of such supplies), it will not pay more than 50 percent of the amount paid by the Government for contract performance, excluding the cost of materials, to subcontractors that are not similarly situated entities. Any work that a similarly situated entity further subcontracts will count towards the prime contractor's 50 percent subcontract amount that cannot be exceeded. When a contract includes both supplies and services, the 50 percent limitation shall apply only to the supply portion of the contract;
(3) General construction, it will not pay more than 85 percent of the amount paid by the Government for contract performance, excluding the cost of materials, to subcontractors that are not similarly situated entities. Any work that a similarly situated entity further subcontracts will count towards the prime contractor's 85 percent subcontract amount that cannot be exceeded; or
(4) Construction by special trade contractors, it will not pay more than 75 percent of the amount paid by the Government for contract performance, excluding the cost of materials, to subcontractors that are not similarly situated entities. Any work that a similarly situated entity further subcontracts will count towards the prime contractor's 75 percent subcontract amount that cannot be exceeded.
(f) The Contractor shall comply with the limitations on subcontracting as follows:
(1)Â For contracts, in accordance with paragraphs (c)(1), (2), (3) and (6) of this clause
[Contracting Officer check as appropriate.]Â
 By the end of the base term of the contract and then by the end of each subsequent option period; or
 By the end of the performance period for each order issued under the contract.
(2)Â For orders, in accordance with paragraphs (c)(4) and (5) of this clause, by the end of the performance period for the order.
(g)Â A joint venture agrees that, in the performance of the contract, the applicable percentage specified in paragraph (e) of this clause will be performed by the aggregate of the joint venture participants.
(1) In a joint venture comprised of a small business protégé and its mentor approved by the Small Business Administration, the small business protégé shall perform at least 40 percent of the work performed by the joint venture. Work performed by the small business protégé in the joint venture must be more than administrative functions.
(2) In an 8(a) joint venture, the 8(a) participant(s) shall perform at least 40 percent of the work performed by the joint venture. Work performed by the 8(a) participants in the joint venture must be more than administrative functions.
(End of clause)
852.219-73 VA Notice of Total Set-Aside for Certified Service-Disabled Veteran-Owned Small Businesses.
As prescribed in 819.7011, insert the following clause:
VA NOTICE OF TOTAL SET-ASIDE FOR CERTIFIED SERVICE-DISABLED VETERAN-OWNED SMALL BUSINESSES (JAN 2023) (DEVIATION)
(a)Â 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 13Â CFRÂ 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
____ 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 complies with the requirements in 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)
852.219-75Â VA Notice of Limitations on Subcontracting Certificate of Compliance for Services and Construction.
As prescribed in 819.7011(b), insert the following clause:
VA NOTICE OF LIMITATIONS ON SUBCONTRACTING CERTIFICATE OF COMPLIANCE FOR SERVICES AND CONSTRUCTION (JAN 2023) (DEVIATION)
(a) Pursuant to 38 U.S.C. 8127(l)(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 certified SDVOSBs listed in the SBA certification database as set forth in 852.219-73 or certified VOSBs listed in the SBA certification database as set forth in 852.219-74. Any work that a similarly situated certified SDVOSB/VOSB 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 certified SDVOSBs listed in the SBA certification database as set forth in 852.219-73 or certified VOSBs listed in the SBA certification database as set forth in 852.219-74. Any work that a similarly situated certified SDBOSB/VOSB 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 certified SDVOSBs listed in the SBA certification database as set forth in 852.219-73 or certified VOSBs listed in the SBA certification database as set forth in 852.219-74. Any work that a similarly situated certified SDBOSB/VOSB 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 18 U.S.C. 1001.
(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. Contracting officers 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:
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:Â ________________________________________
Printed Title of Signee:Â _________________________________________
Signature:Â ___________________________________________________
Date:Â _____________________
Company Name and Address:Â ______________________________________
________________________________________________________________
(End of clause)

Attachments/Links