C223--Air Handlers with Auxiliary Chillers (A/E Design)

Presolicitation Notice

Presolicitation Notice

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Presolicitation Notice

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Presolicitation Notice

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DESCRIPTION: This is a Pre-Solicitation Notice for the establishment of an Architect-Engineering (A-E) design contract with services to be performed at the Durham VA Medical Center at 508 Fulton Street, Durham, NC 27705. This requirement is being executed under a 100% Set-Aside to Service-Disabled Veteran Owned Small Business (SDVOSB). THIS ANNOUNCEMENT IS NOT A REQUEST FOR PROPOSAL; NO SOLICITATION PACKAGE WILL BE ISSUED UNTIL AFTER AN EVALUATION HAS BEEN MADE ON THE PROVIDED SF330s. The SF330 can be downloaded through the GSA Forms Library at: http://www.gsa.gov/portal/forms/type/TOP. Scroll down to locate and click on the SF-330 hyperlink entitled, Architect-Engineer Qualifications. Interested firms should submit their current SF330, Parts I and II, to Keith.hunter@va.gov. The SF330s are due no later than 8:00 AM EST January 12, 2026.

SCOPE OF WORK: This project will engage an Architectural Engineering firm for professional Architect/Engineer (AE) services necessary to design for the replacement of Air Handling Units and Auxiliary Chillers at the Durham VA Medical Center (VAMC), Durham, NC. The Durham VAMC recently concluded a third-party Facility Conditions Assessment (FCA) in which many HVAC deficiencies were annotated within the report. To correct these reported deficiencies, the Durham VAMC has submitted three separate but similar requirements to secure the services of a professional Architect/Engineer (AE) Firm to design for the replacement of existing Air Handling Units, numbers 5, 25 & 65 as well as replace replacement of four (4) existing Auxiliary Chillers serving the Durham VA Medical Center.

PROCUREMENT INTENT: In an effort to maximize efficiencies and minimize individual requirement procurement lead times, the Contracting Officer intends to negotiate the award of a Single Award Task Order Contract (SATOC) in order to secure a single Architect/Engineer (AE) Firm for the projects listed below. This SATOC is expected to possess a five year period of performance.

Project # 558-25-152 - Replace Surgery AHU 5 & 25

Project # 558-25-153 - Replace Auxiliary Chillers

Project # 558-26-151 - Replace AHU 65

REQUIREMENTS:

The AE selected is expected to:

Part Ia Preparation of Existing Conditions and Conceptual Design Investigative Services: Preparation of existing conditions plan and conceptual design which includes site investigation for architectural, mechanical, electrical, and environmental hazards such as suspect Asbestos Containing Material (ACM). Works will consist of AE personnel removing ceiling tile(s) and tracing ductwork, electrical, and plumbing above ceilings. Perform project site investigation in accordance with the Site Investigations section of this scope of work.

Physically survey as well as review record drawings of the existing building. Inform CO/COR of supplemental information gathering that may be required.

Conduct on-site work session with User Group and other members of the Integrated Project Team to discuss conceptual options.

Describe all measures available to achieve the project objectives, including the benefits and drawbacks of each measure, to guide decisions by the facility during schematic design. The decision of which alternatives to select for the construction project rests with the VA.

Develop and describe a construction strategy that allows existing functions to continue during Construction. Develop this strategy in development of construction documents.

Participate in a conference call after VA has completed Schematic Design review

AE shall review needs identified by the IPT for the area under consideration for design and provide recommendations. In addition, the project shall be phased to minimize the impact to the Medical Center operations and patient care. Prior to submission of schematic design material, the AE shall meet with the VAMC s COR to discuss proposed phasing requirements for the project. These phasing requirements shall describe the general sequence of the project work, estimated project duration, and what VA constraints will exist that will influence the Contractor's approach to the construction project. The AE shall be responsible for documenting the phasing requirements.

The AE shall make site visits as required to determine existing as-built conditions affecting this project. Information, including drawings and other documentation, provided to the AE shall be used as reference only. The AE is responsible for verifying all existing site conditions to include but not be limited to crawling in crawlspaces, looking above ceilings and the building penthouse.

Coordinate visits with the COR as assigned at the NTP. The AE shall arrange for and oversee the performance of such investigations necessary for the proper design of the project. AutoCAD background drawings shall be provided by the VA upon request if available and shall be used as reference only. The AE shall field verify every aspect that relates to the project.

Perform Photographic Documentation during Investigative Services; files are to be maintained for future reference of existing conditions for construction documents and unforeseen unit costing basis.

The Contractor shall prepare digital photo documentation of construction work, including sites, buildings, and field activities. Digital photos shall be submitted in JPEG format to the project website, and to a resolution sufficient and appropriate for the type of work photographed. The Contractor shall provide an index for each set of photographs submitted identifying the contractor, base, facility, project number, date, and a brief description. The Contractor shall coordinate photography of any kind through the COR.

The AE shall complete all necessary site investigations prior to the 15% Schematic Design submission.

Part Ib Preparation of Contract Drawings and Specifications Design Development: Preparation and submission of construction bid documents, interim design document submittals, and the final construction bid documents at the completion of the design development process in accordance with the Design Package Submission Schedule section. Design document packages shall contain a complete set of documents as specified in the Design Requirements/Submissions section of the Task Order s Statement of Work (SOW). The AE shall develop a design necessary to meet the requirements in the Project Scope section of the Task Order Level SOWs. Design shall include engineering services rendered necessary by VA (Veterans Affairs) at the end of Part Ia Investigative Services within the construction cost parameters.

Design and produce construction documents for implementation of the selected alternatives.

Submittals must include the components listed on the A/E Submission Instructions for Minor and NRM Construction Program https://www.cfm.va.gov/til/

Submittal Register - Provide a list to the VA of technical submittals that will be required.

Intended for long-term use, the project design specifications must provide, to the maximum extent practicable, a final product of enduring quality; Energy and water efficient; Environmentally conscious; Functional and requiring low maintenance; Durable; Flexible for changing uses; Universally accessible; Sustainable; Operationally cost effective; Compliant with appropriate codes, statutes, and VHA requirements.

Construction documents must be complete, clear, specific, accurate, coordinated between disciplines, quantifiable, and explicit in quality expectations for suitable materials, systems, and workmanship.

Throughout the design phases of the project, the A/E shall work closely with the COR and Integrated Project Team to ascertain and confirm all Task Order project requirements.

The Contractor shall attend meetings and teleconferences to discuss technical requirements, issues, and project progress and status as required. The Contractor shall prepare, and submit for review, presentation materials for meetings and an agenda. The Contractor shall be responsible for taking meeting minutes, prepare and submit minutes for all meetings attended no later than 3 business days, with the exception of the IPT meetings as discussed in previous paragraph, after the meeting has occurred. The minutes shall be sent to the Contracting Officer and COR for coordination and approval prior to distribution.

The AE shall provide an evaluation, cost estimate and conceptual plans to determine the feasibility of completing the project within project budget. Disadvantages and advantages shall be provided including impacts to patient care/medical center operations and order of magnitude cost estimates (with cost of patient care factored into the economy/feasibility)

Part II Construction Period Services: Review and provide concise recommendations on all submittals, shop drawings, product data, samples, RFIs, change order proposals, etc. in accordance with Construction Period Services section of this SOW. Services shall include providing record drawings based on finalized Contractor red-line as-builts.

Assist in answering questions and provide clarifications as deemed necessary by the Contracting Officer or COR during solicitation and issuing any addendums, revise drawings/Specifications, etc. necessary to fully and completely address questions any and all questions submitted by the COR, Contracting Officer and awarded Construction Contractor.

Serve as an advisor and provide assistance to the VA to determine whether the contractor or subcontractor meets technical qualification requirements, assist in the review of contractor proposals for technical acceptability, support by written recommendations of any problems or litigation encountered in past performance based on first-hand knowledge.

Review all submissions and provide concise direction to the VA. Provide direction within 5 business days upon request for shop drawings, product data, installation instructions, samples, etc. Provide direction within 5 business days for RFI s and change order proposals. Changes to contract documents based on errors and omissions in design will be at no cost to the VA to include cost estimates for the change. The CO shall make the final determination on what is or is not an error or omission.

Provide Commissioning for all affected systems.

Prepare record drawings based on contractor red-line as-built drawings with correspondence performed during construction. The AE shall provide a set of updated drawings and specifications within 30 business days of construction contract completion to the COR.

The AE shall function as the commissioning agent for all necessary commissioning actions. The AE shall provide testing, inspection and reporting services during construction. The AE must conduct a site visit, at least once a month, during each phase of the project, and must be present for every test or inspection and to document the outcome.

Part III Construction Period Site Visits: Visit the site at the request of the VA in accordance with section Site Visits in this SOW. The AE shall respond on site within an 8-hour period when requested. The total number of site visits during the construction period is estimated to be five (5) for this project, which may be finalized after selection of the AE and during negotiation of the proposal. Each site visit shall be documented through a field report denoting the purpose and results of the site visit.

Make site visits on requests of the VA and prepare documented field reports denoting the purpose and results of the site visit, to include agreed upon changes in design as determined necessary during the construction. Visits made based on errors and omissions in design will be at no cost to the VA.

Participate in partial/final acceptance inspections (in-wall, above ceiling, and final) as scheduled and generate punch list items for completion. Inspections shall cover quality of installations and locations/placement of items in accordance with the contract documents. The punch list shall reference the contract documents for specific deficiencies (i.e. specification section, drawing detail, etc.).

Attend the pre-bid and pre-construction conference to review and confirm project scope.

During construction, allow for a minimum of site visits as negotiated for the contract, as directed and scheduled by the COR.

OFFERORS WILL BE EVALUATED ON THE FOLLOWING CRITERIA:

The submitted SF330 s shall be a maximum of 30 total pages. All necessary information to meet the 6 criterions shall be contained within those 30 pages as the evaluation will stop at the end of page 30.

The submitted SF330s will be evaluated on the following criteria:

This acquisition will be in accordance with FAR Part 36.602-1. The following evaluation criteria will be used to evaluate SF330 technical proposals:

The Architect/Engineer (AE) must demonstrate its qualifications with respect to the published evaluation criteria for all services. Evaluation Criteria (1) through (5) and are considered the most important and listed in descending order of importance; Criteria (6) is significantly less importance than (1) through (5) but the associated value of 1 through (5) are in a declining value and order of importance. Criterion (1) is the highest with Criterion (5) being the lowest.

(1) Professional qualifications necessary for satisfactory performance of required services;

(2) Specialized experience and technical competence in the type of work required, including, where appropriate, experience in medical facility design;

(3) Capacity to accomplish the work in the required time;

(4) Past performance on contracts with Government agencies and private industry in terms of cost control, quality of work, and compliance with performance schedules;

(5) Experience in construction period services;

(6) Location in the general geographical area of the project and knowledge of the locality of the project; if application of this criterion leaves an appropriate number of qualified firms, given the nature and size of the project

CRITERION 1 - Professional Qualifications necessary for satisfactory performance of required services. Offerors will be evaluated in terms of the qualifications, competence and experience of the key personnel and technical team proposed to accomplish this work. Key personnel are individuals who will have major contract or project management responsibilities and/or will provide unusual or unique expertise. Key Personnel minimum requirements are to possess not less than five (5) years of experience in the required disciplines. Provide a balanced licensed and or certified workforce in the following disciplines Architectural, Cost Estimation, Electrical, Mechanical, Plumbing, Structural Design, and Project Management.

Submission requirements: Provide resumes for all proposed key personnel. Resumes are limited to one page each and should cite project specific experience and indicate proposed role in this contract. Provide professional registration, certification, licensure and/or accreditation. Indicate participation of key personnel in example projects in the SF330 Part 1 Section G.

CRITERION 2 - Specialized experience and technical competence in the type of work required, including, where appropriate, experience in medical facility design. Offerors will be evaluated on specialized experience and technical competence in the performance of services like those anticipated under this contract about:

Special knowledge of mechanical, electrical and structural engineering.

Experience working in and around an operational Hospitals and Surgical Departments

Specific experience and qualifications of personnel proposed for assignment to the project and their record of working together as a team.

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Submission requirements: Provide up to five (5) projects completed or substantially completed within the past five (5) years that best illustrate specialized experience of the proposed team in the areas outlined above. Example projects shall note project s square footage. At a minimum, at least one relevant project is required to be completed through construction. All projects provided in the SF-330 must be completed by the office/branch/regional office/individual team member proposed to manage and/or perform work under this contract. To enable verification, firms should include the SAM Unique Entity Identifier along with each firm name in the SF330 Part 1, Section F Item 25 Firms from Section C Involved in this Project, block (1). Include a contract number or project identification number in block 21. Include an e-mail address and phone number for the Owner s point of contact in block 23(c). Include in the project description, the contract period of performance with start and completion dates, contract/order award value, and summary of the work performed that demonstrates relevance to specialized experience as outlined above. If the contractor served as a subcontractor on a project, indicate the value of the work they provided towards the performance of the overall project. If a project was performed by a joint venture, and not all joint venture partners are on the team proposed for this contract, the offeror/team should specifically address the work performed by the joint venture partner offering/teaming on this contract. Likewise, if the offeror/team member worked as a subcontractor on a project, the description should clearly describe the work performed by the offeror/team member and the roles and responsibilities of each on the project, rather than the work performed on the project as a whole. If the project description does not clearly delineate the work performed by the entity/entities offering/teaming on this contract, the project could be eliminated from consideration. Additionally, Firms are required to return and submit the Attachment B titled Criterion 2 Format, which will clearly demonstrate specific experiences and qualifications of personnel proposed for assignment to the project and their record of working together as a team. Specifically list similar scoped projects covering the previous 5 years and clearly show participation. (See SF330 Part I Section G, but not excluding other information provided on the SF330 and supporting documentation.)

NOTE: If the Offeror is a joint venture, information should be submitted as a joint venture; however, if there is no information for the joint venture, information should be submitted for either joint venture partner, not to exceed a total of five (5) projects for this criterion. Projects shall be submitted on the SF-330. For submittal purposes, a task order on an IDIQ contract is considered a project, as is a stand-alone contract award. Do not list an IDIQ contract as an example of a completed project. Instead, list relevant completed task orders or stand-alone contract awards that fit within the definition above. Examples of project work submitted that do not conform to this requirement will not be evaluated. Failure to provide requested data, accessible points of contact, or valid phone numbers could result in a firm being rated lower.

All information for Criterion 2 should be submitted in Part 1, Section F of the SF330. The Government WILL NOT consider information submitted in addition to Part 2, Section F in evaluating Criterion 2.

CRITERION 3 - Capacity to accomplish the work in the required time. Firms/teams will be evaluated in terms of their ability to plan for and manage work under the contract and capacity to accomplish the work in the required time.

Submission requirements: Describe the firm s ability to concurrently perform and manage multiple projects in different locations to meet aggressive schedules, multiple disciplines, and control costs and the firm s capacity to accomplish multiple projects simultaneously. Additionally, prospective contractors are required to provide a list of current projects with a design fee of greater than $25,000 currently being designed in the firm s office. Indicate the availability of the proposed project team (including sub-consultants) for the specified contract performance period in terms of: (1.) both the average and maximum number of projects being worked simultaneously for the previous twelve (12) month period, for each key personnel member, (2.) the number of projects currently being worked by each key personnel member identified in the SF330, (3.) the number of projects that could be added to workload, given size and complexity, (4.) and the full potential value of any current indefinite delivery contracts.

CRITERION 4 - Past Performance Offerors will be evaluated on past performance with Government agencies and private industry in terms of work quality, compliance with schedules, cost control, and stakeholder/customer satisfaction. Evaluating past performance and experience will include information provided in Past Performance Questionnaires (PPQs) or CPARS/ACASS for Criterion 1 projects and may include other information provided by the firm, customer inquiries, Government databases, and other information available to the Government including contacts with points of contact in other criteria. Failure to provide requested data, accessible points of contact, or valid phone numbers could result in a firm being rated lower.

NOTE: Past performance information for projects listed under Criterion 1.

Project Recency: A project will be considered recent only if performance was completed within five (5) years of the date of issuance of this public announcement. Ongoing projects will not be considered as no accurate performance record can exist for work not yet completed.

Submission requirements: SUBMIT A COMPLETED the Past Performance Questionnaire (PPQ) included in this notice is provided for the offeror or its team members to submit to the client for each project the offeror includes under Criterion 1. Ensure correct phone numbers and email addresses are provided for the client point of contact. Submit no less than three (3) and no more than five (5) past performance references for recent and relevant projects identified on SF330 Part I Section F. Completed PPQs should be submitted with your SF330. If the offeror is unable to obtain a completed PPQ from a client for a project(s) before the response date set forth in this notice, offerors should complete and submit with their responses the first page of the PPQ (Attachment A), which will provide contract and client information for the respective project(s). The following information is required for all projects: contract/task order number, project title, prime firm, start date, and completion date. Evaluations may also include additional performance-related from the firm, customer inquiries, Government databases, publicly available sources, and additional projects in CPARS. Offerors may submit a PPQ previously submitted under a different Notice/RFP (legible copies are acceptable) if it is on the same form as posted with this Synopsis. Offerors should follow up with clients/references to ensure timely submittal of questionnaires. If requested by the client, questionnaires may be submitted directly to the Government's point of contact, Network Contracting Office 6, Attn: Keith Hunter via email at keith.hunter@va.gov prior to the response date. Offerors shall not incorporate by reference into their response PPQs or CPARS previously submitted in response to other AE services procurements. However, this does not preclude the Government from utilizing previously submitted PPQ information in the past performance evaluation.

CRITERION 5 - Construction Period Services Offerors will be evaluated on demonstrated experience in the performance of Construction Period Services, including but not limited to, professional field inspections, reviewing construction submittals, responding to RFIs, and supporting construction contract changes such as drafting statements of work and cost estimates, and the review/feedback of construction change order proposals, architect/engineer s commitment to proactive and consistent representation during construction, particularly in responding to RFIs, reviewing submittals, managing change orders, and conducting site visits.

CRITERION 6 - Location in the general geographical area (Durham, NC) and knowledge of the (Durham, NC); provided, that application of this criterion leaves an appropriate number of qualified firms, given the nature and size of the project. Provided that the application of this criterion leaves an appropriate number of qualified firms, given the nature and size of the contract, firms/teams will be evaluated on the locations of their office or offices that will be performing the work under this contract. If evaluations of SF330s result in the same rating, proximity to the facility will be used as a tiebreaker. The distance will be calculated using Google Maps. For firms with multiple/regional offices, the location of the primary project team will be used to calculate the distance, which should be provided in the SF330.

Submission requirements: Indicate firm s/team s location, including main offices, branch offices, and any subconsultant s offices, as well as demonstrate how this will be advantageous to the Government. Include specific knowledge of certain local conditions or project site features, such as geological features, climatic conditions, local construction methods, construction firms, and trades labor availability, and local laws and regulations.

SELECTION INTERVIEW:

Discussions/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, but selected Firms should be prepared to present a brief at least 5 but no later than 10 minute summary of their qualifications and similar projects to the evaluation team. Firms selected to move to this stage of the evaluation will be limited to a 30 minute time block.

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 Contracting Officer s Representative (COR) of Facilities Management Service. Contractor is responsible for all cleanups and refuse disposal throughout the construction period. The AE 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 AE 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 consolidated estimated magnitude of construction for all three projects is anticipated to be between $5,000,000.00 and $10,000,000.00. The AE 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) and project specific Statements of Work 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 AE to minimize impact of the construction. The AE 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(a) the total cost of the architect or engineer services contracted for must 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.

REQUIREMENT FOR ELECTRONIC SUBMISSION

Unless paper offers are specifically authorized, all responses to this pre-solicitation 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

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)

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

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.

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.

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

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 30 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 and time of their submission in response to this synopsis.

SECURITY ISSUES, LATE BIDS, UNREADABLE OFFERS

Please see FAR 15.107(b) for a description of the steps the Government shall take with regard to Late submission of offers.

Please see FAR 15.108(c) for a description of the steps the Government shall take with regard to unreadable offers.

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).

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.

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: Apparent successful offerors must apply for and receive verification from the Small Business Administration (SBA) in accordance with 38 CFR Part 74 and VAAR 819.70 by submission of documentation of Veteran status, ownership, and control enough to establish appropriate status, offerors must be both VISIBLE and VERIFIED by the Small Business Administration (SBA) at the time of submission of offers and at the time of award.  Failure to be both VERIFIED by SBA and VISIBLE on VetCert at the time of submission of offers and at the time of award will result in the offeror s proposal being deemed non-compliant. All offerors are urged to contact the SBA and submit the required documents to obtain SBA verification of their SDVOSB status if they have not already done so.

Important addendum to 852.219-73 VA NOTICE OF SERVICE-DISABLED VETERAN-OWNED SMALL BUSINESS SET ASIDE: VA s Vendor Information Pages (VIP) database is no longer active. Small Business Administration will now verify SDVOSB Status. Offerors must be listed on SBA s Veteran Small Business Certification (VetCert) database at https://veterans.certify.sba.gov/.

852.219-73 VA Notice of Total Set-Aside for Verified Service-Disabled Veteran-Owned Small Businesses (NOV 2022)

(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 802.201, 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 verified for ownership and control pursuant to 38 CFR part 74 and is listed in VA's Vendor Information Pages (VIP) database at https://www.vetbiz.va.gov/vip/; and

(v) The business will comply with VAAR subpart 819.70 and Small Business Administration (SBA) regulations regarding small business size and government contracting programs at 13 CFR parts 121 and 125, provided that any reference therein to a service-disabled veteran-owned small business concern or SDVO SBC, is to be construed to apply to a VA verified and VIP-listed SDVOSB, unless otherwise stated in this clause.

(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)), except that for a VA contract the firm must be listed in the VIP database (see paragraph (a)(1)(iv) of this clause).

(b) General.

(1) Offers are solicited only from VIP-listed SDVOSBs. Offers received from entities that are not VIP-listed SDVOSBs at the time of offer shall not be considered.

(2) Any award resulting from this solicitation shall be made to a VIP-listed SDVOSB 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 VIP-listed SDVOSBs are considered eligible to receive award of a resulting contract. By submitting an offer, the prospective contractor represents that it is an eligible SDVOSB as defined in this clause, 38 CFR part 74, and VAAR subpart 819.70.

(d) Agreement. 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 requirements in 13 CFR 121.406(b) and 13 CFR 125.6. Unless otherwise stated in this clause, a requirement in 13 CFR parts 121 and 125 that applies to an SDVO SBC, is to be construed to also apply to a VIP-listed SDVOSB. For the purpose of limitations on subcontracting, only VIP-listed SDVOSBs (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 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 VIP-listed SDVOSBs (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 VIP-listed SDVOSBs. 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 CRF 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 VIP-listed SDVOSBs.

(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 VIP-listed SDVOSBs.

(5) Subcontracting. An SDVOSB must meet the NAICS size standard assigned by the prime contractor and be listed in VIP 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:

___ 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 is listed in VIP and complies with the requirements in 13 CFR 125.18(b), provided that any requirement therein that applies to an SDVO SBC is to be construed to apply to a VIP-listed SDVOSB. 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 Program for SDVO SBCs, and the VA Veterans First Contracting Program.

(h) Misrepresentation. Pursuant to 38 U.S.C. 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 Clause)

852.219-75 VA Notice of Limitations on Subcontracting - Certificate of Compliance for Services and Construction.

VA Notice of Limitations on Subcontracting - Certificate of Compliance for Services and Construction (NOV 2022)

(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 852.219-73 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.

(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 852.219-73or VOSBs as set forth in 852.219-74. Any work 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 852.219-73 or VOSBs as set forth in 852.219-74. 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. 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:

Printed Title of Signee:

Signature:

Date:

Company Name and Address:

(End of clause)