Inactive Service-Disabled Veteran-Owned Small Business (SDVOSB) Set-Aside (FAR 19.14)

Combined Synopsis Solicitation Bedford VAMC Investigation and repair of the exhaust system (i) This is a combined synopsis/solicitation for commercial items prepared in accordance with the format in S... Combined Synopsis Solicitation Bedford VAMC Investigation and repair of the exhaust system (i) This is a combined synopsis/solicitation for commercial items prepared in accordance with the format in Subpart 12.6, as supplemented with additional information included in this notice. This announcement constitutes the only solicitation; proposals are being requested and a written solicitation will not be issued. (ii) The solicitation number is 36C24120Q0627 and the solicitation is issued as a request for quotation (RFQ). (iii) A statement that the solicitation document and incorporated provisions and clauses are those in effect through Federal Acquisition Circular 2020-08. (iv) This requirement is being issued for Service Disabled Veteran Owned Small Business set-aside. The associated NAICS code is 238220 Plumbing, Heating, and Air-Conditioning Contractors and the small business size standard is $16.5 million. (v) The Government intends to award a one-time, firm-fixed price award to perform investigation and repair of the exhaust system at the Bedford VAMC. See the attached Performance Work Statement for full requirement details. Please complete the Price Schedule below and submit with the quote submission. Line Item Description Qty Unit Unit Price Total 0001 Inspection and Repair of Fume hood exhaust systems Outlined on most recent inspection report and scope of work Regular-time Labor Rate:_________ Off-time Labor Rate:___________ Holiday Labor Rate:__________ Parts % Mark-up or % Discount __________ 1 JB (vi) The contractor shall provide all personnel, equipment, supplies, facilities, transportation, tools, materials, supervision, lodging, and other services necessary to perform inspection and repair services in accordance with the attached Performance Work Statement. (vii) The Place of Performance is the Bedford VAMC, 200 Springs Road, Bedford, MA 01730. This is for a one-time firm fixed price order. Work shall be scheduled with the POC once award is made and be completed within 120 calendar days. (viii) Provision at 52.212-1, Instructions to Offerors-Commercial Items (OCT 2018) - Commercial, applies to this acquisition in addition to the following addenda s to the provision: 52.252-1 Solicitation Provisions Incorporated by Reference (FEB 1998); 52.204-7 System for Award Management (OCT 2018); 52.204-16 Commercial and Government Entity Code Reporting (JUL 2016). Submission of Quotes: (1) Quotes shall be received on or before the date and time specified in Section (xv) of this solicitation. Note: Quoters received after the due date and time shall not be considered. (2) Quoters shall submit their quotes electronically via email to Stefanie.carter3@va.gov . (3) Questions: Questions shall be submitted to the Contracting Officer in writing via e-mail. Oral questions are not acceptable due to the possibility of misunderstanding or misinterpretation. The cut-off date and time for receipt of questions is 9/23/2020 by 12:00pm EST. Questions received after this date and time may not be answered. Questions shall be answered in a formal amendment to the solicitation so all interested parties can see the answers. (5) Quote Format: The submission should be clearly indexed and logically assembled in order of the evaluation criteria below. All pages of the quote shall be appropriately numbered and identified by the complete company name, date and solicitation number in the header and/or footer. (ix) Provision at 52.212-2, Evaluation -- Commercial Items, applies to this requirement in addition to the following addenda s to the provision Evaluation Process: Award shall be made to the best value, as determined to be the most beneficial to the Government. Please read each section below carefully for the submittals and information required as part of the evaluation. Failure to provide the requested information below shall be considered non-compliant and your quote could be removed from the evaluation process. Quotes shall be evaluated under FAR Part 13.106-2(b) -- Evaluation of Quotations or quotes.  Therefore, the Government is not obligated to determine a competitive range, conduct discussions with all contractors, solicit final revised quotes, and use other techniques associated with FAR Part 15.  The contracting techniques associated with FAR Part 15 are not mandatory. The Government shall award a contract resulting from this solicitation to the responsible quoter whose quote conforming to the solicitation shall be most advantageous to the Government, price and other factors considered. The following factors shall be used to evaluate quotations: (1) technical capability to meet the Government requirement; (2) price; and (3) past performance (4) Veterans Involvement. Price (Follow these instructions): Quoter shall complete the attached Price Schedule (above), with Quoters proposed contract line item prices inserted in appropriate spaces. Past Performance: Provide (3) references of work, similar in scope and size with the requirement detailed in the Statement of Work. References must include contact information; brief description of the work completed, and contract # (if relevant). Please utilize Attachment 2 Past Performance Worksheet for your references and please submit as part of your quote submission. References may be checked by the Contracting Officer to ensure your company is capable of performing the Statement of Work. The Government also reserves the right to obtain information for use in the evaluation of past performance from any and all sources. (iv) Ensure your representations and certifications are complete in the System for Award Management (SAM)( https://www.sam.gov). Otherwise, you will need to fill out solicitation Clause 52.212-3 "Offeror Representation and Certifications -Commercial Items", and submit with the quote. Federal Acquisition Regulations require that federal contractors register in the SAM database at http://www.sam.gov and enter all mandatory information into the system. Award cannot be made until the contractor has registered. Quoters are encouraged to ensure that they are registered in SAM prior to submitting their quotation. (x) Clause 52.212-4, Contract Terms and Conditions -- Commercial Items, applies to this acquisition in addition to the following addenda s to the clause: 52.252-2 Clauses Incorporated by Reference (FEB 1998); 52.204-13 System for Award Management Maintenance (OCT 2018), 52.204-13 System for Award Management Maintenance (OCT 2018); 52.204-18 Commercial and Government Entity Code Maintenance (JUL 2016), 52.232-40 Providing Accelerated Payments to Small Business Subcontractors (DEC 2013), 852.212-70 Provisions and Clauses Applicable to VA Acquisition of Commercial Items (APR 2020); 852.232-72 Electronic Submission of Payment Requests (NOV 2012). 852.203-70 COMMERCIAL ADVERTISING (MAY 2018) The Contractor shall not make reference in its commercial advertising to Department of Veterans Affairs contracts in a manner that states or implies the Department of Veterans Affairs approves or endorses the Contractor s products or services or considers the Contractor s products or services superior to other products or services. (End of clause) 852.219-10 VA NOTICE OF TOTAL SERVICE-DISABLED VETERAN-OWNED SMALL BUSINESS SET-ASIDE (JUL 2019) (DEVIATION (a) Definition. For the Department of Veterans Affairs, Service-disabled Veteran-owned small business concern or SDVSOB: (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 74 and is so listed in the Vendor Information Pages database, (https://www.vip.vetbiz.va.gov); 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 part 121 and 125, including the nonmanufacturer rule and limitations on subcontracting requirements in 13 CFR 121.406 and 125.6, provided that any reference therein to a service-disabled veteran-owned small business concern (SDVO SBC), is to be construed to apply to a VA verified and VIP-listed SDVOSB. The nonmanufacturer rule and the limitations on subcontracting apply to all SDVOSB and VOSB set-asides and sole source contracts. (2) 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). (b) General. (1) Quotes are solicited only from eligible service-disabled Veteran-owned small business concerns. Only VIP-listed service-disabled Veteran-owned small business concerns (SDVOSBs) may submit quotes in response to this solicitation. Quotes received from concerns that are not VIP-listed service-disabled Veteran-owned small business concerns shall not be considered. (2) Any award resulting from this solicitation shall be made to a VIP-listed service-disabled Veteran-owned small business concern that meets the size standard for the applicable NAICS code. (c) Representation. By submitting a quote, the prospective contractor represents that it is an eligible SDVOSB as defined in this clause, 38 CFR part 74, and VAAR subpart 819.70. Pursuant to 38 U.S.C. 8127(e), only VIP-listed SDVOSBs are considered eligible. Therefore, any reference in 13 CFR part 121 and 125 to a service disabled Veteran-owned small business concern (SDVO SBC), is to be construed to apply to a VA verified and VIP-listed SDVOSB and only such concern(s) qualify as similarly situated. The quoter must also be eligible at the time of award. (d) Agreement. When awarded a contract (see FAR 2.101, Definitions), including orders under multiple-award contracts, or a subcontract, 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 125, including the nonmanufacturer rule and limitations on subcontracting requirements in 13 CFR part 121.406 and 125.6, provided that for purposes of the limitations on subcontracting, only VIP-listed SDVOSBs 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 independent contractor shall be considered a subcontractor. An otherwise eligible firm further agrees to the following: (1) Services. In the case of a contract for services (except construction), it will not pay more than 50% of the amount paid by the government to it to firms that are not VIP-listed SDVOSBs. (2) Supplies or products. (i) In the case of a contract for supplies or products (other than from a nonmanufacturer of such supplies), it will not pay more than 50% of the amount paid by the government to it to firms that are not VIP-listed SDVOSBs. (ii) In the case of a contract for supplies from a nonmanufacturer, it will supply the product of a domestic small business manufacturer or processor, unless a waiver is described in 13 CFR 121.406(b)(5) is granted. (3) General construction. In the case of a contract for general construction, it will not pay more than 85% of the amount paid by the government to it to firms that are not VIP-listed SDVOSBs. (4) Special trade contractors. In the case of a contract for special trade contractors, it will not pay more than 75% of the amount paid by the government to it to firms that are not VIP-listed SDVOSBs. (5) Subcontracting. Any work that a VIP-listed SDVOSB subcontractor further subcontracts will count towards the percent of subcontract amount that cannot be exceeded. For supply or construction contracts, cost of materials is excluded and not considered to be subcontracted. For mixed contracts and additional limitations, refer to 13 CFR 125.6. (e) Joint ventures. A joint venture may be considered an SDVOSB if the joint venture is listed in VIP and complies with the requirements in 13 CFR 125.18(b), provided that any reference therein to service-disabled Veteran-owned small business concern or SDVO SBC, is to be construed to mean 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. (f) Precedence. For any any inconsistencies between the requirements of the SBA program for service-disabled Veteran-owned small business concerns and the VA Veterans First Contract Program, as defined in VAAR subpart 819.70 and this clause, the VA Veterans First Contracting Program requirements have precedence. (End of clause) 852.219-74 LIMITATIONS ON SUBCONTRACTING MONITORING AND COMPLIANCE (JUL 2018) (DEVIATION) (a) This solicitation includes FAR 852.219-10. (b) Accordingly, any contract resulting from this solicitation is subject to the limitation on subcontracting requirements in 13 CFR 125.6. The Contractor is advised that in performing contract administration functions, the Contracting Officer may use the services of a support contractor(s) retained by VA to assist in assessing the Contractor s compliance with the limitations on subcontracting or percentage of work performance requirements specified in the clause. To that end, the support contractor(s) may require access to Contractor s offices where the Contractor s business records or other proprietary data are retained and to review such business records regarding the Contractor s compliance with this requirement. (c) All support contractors conducting this review on behalf of VA will be required to sign an Information Protection and Non-Disclosure and Disclosure of Conflicts of Interest Agreement to ensure the Contractor s business records or other proprietary data reviewed or obtained in the course of assisting the Contracting Officer in assessing the Contractor for compliance are protected to ensure information or data is not improperly disclosed or other impropriety occurs. (d) Furthermore, if VA determines any services the support contractor(s) will perform in assessing compliance are advisory and assistance services as defined in FAR 2.101, Definitions, the support contractor(s) must also enter into an agreement with the Contractor to protect proprietary information as required by FAR 9.505-4, Obtaining access to proprietary information, paragraph (b). The Contractor is required to cooperate fully and make available any records as may be required to enable the Contracting Officer to assess the Contractor s compliance with the limitations on subcontracting or percentage of work performance requirement. (End of clause) (xi) Clause at 52.212-5, Contract Terms and Conditions Required To Implement Statutes Or Executive Orders -- Commercial Items, applies to this acquisition and in addition to the following FAR clauses cited, which are also applicable to the acquisition: 52.204-10, 52.209-6, 52.219-28, 52.222-3, 52.222-21, 52.222-26, 52.222-36, 52.222-50, 52.223-18, 52.225-13, 52.232-33, 52.222-41, 52.222-42, 52.222-43 (Wage Determination Applicable for Bedford VAMC Middlesex County WD 2015-4047 (Rev.-13) last revised 4/9/2020 on https://beta.sam.gov/wage-determination, 52.222-55, 52.222-62. (xii) All contract requirement(s) and/or terms and conditions are stated above. (xiii) The Defense Priorities and Allocations System (DPAS) and assigned rating are not applicable to this requirement. (xiv) RFQ responses are due 9/25/2020 at 3:00 PM EST. RFQ responses must be submitted via email to: stefanie.carter3@va.gov. Hand deliveries shall not be accepted. (xv) The POC of this solicitation is Stefanie Carter (stefanie.carter3@va.gov).