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

THIS ANNOUNCEMENT IS NOT A REQUEST FOR PROPOSAL. THE GOVERNMENT WILL NOT PAY NOR REIMBURSE ANY COSTS ASSOCIATED WITH RESPONDING TO THIS REQUEST. THE GOVERNMENT IS UNDER NO OBLIGATION TO AWARD A CONTRA... THIS ANNOUNCEMENT IS NOT A REQUEST FOR PROPOSAL. 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. The Department of Veterans Affairs is seeking a qualified Architect-Engineering (AE) 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 526-22-115 Upgrade OR and Pharmacy Dumbwaiters (A/E) at the James J. Peters VAMC, Bronx, New York. This Project will be preparing an A/E design for the complete modernization upgrade and complete replacement of all the MEP components and any other miscellaneous components that are non-structural for the Operating Room (OR) one (1) supply dumbwaiter, and the pharmacy one (1) supply dumbwaiter in Building No. 100 located at the James J Peters VA Medical Center, 130 West Kingsbridge Road, Bronx, New York 10468. This requirement is being procured in accordance with the Brooks Act as implemented in FAR Subpart 36.6. Applicable NAICS code is 541330 and small business size standard of $25.5M. Magnitude of Construction is between $1,000,000.00 and $2,000,000.00. This is a 100% Service-Disabled Veteran Owned Small Business Set Aside. The anticipated award date of the proposed A-E Contract is on or before January 19, 2024 Potential contractors must be registered in SAM (www.sam.gov ) and are visible/verified/certified as SDVOSB in Veterans Small Business Certification (https://veterans.certify.sba.gov/ ) at time of submission of their qualifications in order to be considered for an award. In order to assure compliance with VAAR clauses, 852.219-75 VA Notice of Limitations on Subcontracting Certificate of Compliance for Services and Construction (NOV 2022) and 852.219-73 VA Notice to Total Set-Aside for Verified Service-Disabled Veteran-Owned Small Businesses (NOV 2022), all firms submitting a SF 330 for this notice are required to indicate what percentage of the cost of contract performance will be expended on the concerns employees and in which discipline(s) and percentage of cost of contract performance to be expended (and in what disciplines) by any other consultant/subcontractor or otherwise used small or large business entity(s). Any consultant/subcontractor or otherwise business entity(s) used must be identified by name, office location and size/type of business (i.e., SDVOSB, VOSB, 8(a), small, large, etc.). Failure to provide this information will deem the firm s SF 330 submittal as nonresponsive and preclude further evaluation. All A/E firms are advised that in accordance with VAAR 836.606-71 the total cost of the production and delivery of designs, plans, drawings and specifications shall not exceed six (6) percent of the estimate cost of construction. Other A-E fees are not included in the six (6) percent. Additionally, FAR Clause 52.236-22 (c) - Design Within Funding Limitation, will be applicable to this procurement action. SCOPE OF SERVICE REQUIRED 526-22-115. See the attached statement of work. X. LOCATION Bronx VA Medical Center. COST RANGE Estimated Construction Cost Range: Between $1,000,000.00 and $2,000,000.00. TYPE OF CONTRACT CONTEMPLATED The Department of Veterans Affairs is contemplating awarding a firm fixed price contract. DESIGN COMPLETION PERIOD: The Department of Veterans Affairs requires design and contract support services. The A/E shall deliver 100% bid documents in accordance with the AE design schedule from the issuance of the Notice to Proceed (NTP). SELECTION CRITERIA DESCRIPTIONS The selection criteria descriptions are provided below. PROFESSIONAL QUALIFICATIONS NECESSARY FOR SATISFACTORY PERFORMANCE OF REQUIRED SERVICES. Provide brief resumes of proposed team members who will specifically serve as the Project Managers and Designers of Record proposed for this project only. Include specific experience and qualifications (i.e., education, training, registration, certifications, overall relevant experience, and longevity with the firm). The Designers of Record shall perform and direct the design within their respective discipline and shall sign and seal the drawings. The lead designer in each discipline must be registered but does not have to be registered in the particular state where the project is located. SPECIALIZED EXPERIENCE AND TECHNICAL COMPETENCE Specialized experience and technical competence required for this specific project, including, where appropriate, experience in energy conservation, pollution prevention, waste reduction, and the use of recovered materials. CAPACITY This factor evaluates the ability of the firm, given their current projected workload and the availability of their key personnel, to accomplish the possible myriad of design projects in the required time. The general workload and staffing capacity of the design office will be evaluated. List current projects with a design fee of greater than $20,000 being designed in the firms office. Indicate the firms present workload and the availability of the project team (including sub-consultants) for the specified contract performance period; Describe experience in successfully delivering projects per performance schedule, providing timely construction support, and successfully completing multiple projects with similar delivery dates PAST PERFORMANCE: VISN2 will evaluate past performance on recent and relevant contracts with government agencies (emphasis on VA work) and private industry in terms of cost control, quality of work, compliance with performance schedules and a record of significant claims against the firm. Recent is defined as performance occurring within five (5) years of the date of this Sources Sought, except those ongoing projects must have begun no less than one (1) year prior to the issuance of this Sources Sought. Relevancy is defined as performance of work on projects that are similar in scope within a VA hospital setting in relation to the type of projects anticipated under the resultant contracts. Respondents with no previous past performance shall state this when addressing the selection criteria. Where there is no record of past performance, the proposal will be evaluated neither favorably nor unfavorably. Superior performance ratings on relevant projects may be considered more favorably in the evaluation. Location in the general geographical area of the project and knowledge of the locality of the project; provided, that application of this criterion leaves an appropriate number of qualified firms, given the nature and size of the project To be rated ACCEPTABLE for this evaluation factor, the A/E firm must be within 450 miles from the prime contractor s main office or official satellite office to the James J. Peters VA Medical Center, Bronx, NY 10468 This distance is determined according to http://maps.google.com/ This factor evaluates the distance the AE firm's design office or official satellite office(s) from the location of work (VA Medical Center). Please provide the address (es) and distance of your closest office to the address listed in iv. above. The extent to which potential contractors 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. 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 shall be included as an evaluation criterion when construction period services is included in the statement of work for A-E services. PLEASE NOTE: The AE Evaluation Board must be provided with complete and accurate information for ALL seven (7) evaluation factors above in order to rank as qualified and eligible firms. Therefore, the AE 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 AE 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 TO 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 VAAR802.101, 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 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: _X_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 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). SUBMISSION REQUIREMENTS: Unless paper offers are specifically authorized in an individual solicitation, all responses to solicitations must be submitted electronically as described below. Responses submitted in a paper form are unacceptable. Failure to comply with this requirement may jeopardize the possibility of receiving an award due to noncompliance with the submission requirements. EMAIL SUBMISSION 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) to akkil.kurian@va.gov and daniel.barone@va.gov no later than 4:00PM, Eastern Standard Time (EST) on December 14, 2023. Submittals received after the date and time identified will not be considered. The submittal will be date and time stamped by the Microsoft Email system and will be the official record of receipt for the submission. All SF 330 submissions shall be clearly indicated in subject line, displaying the solicitation number and project number and title (abbreviated and shortened is okay). Submission is to be no more than a total of fifty (50) pages; size of emails is not to exceed 10 megabytes (MB). If more than one email is sent, please number emails in subject line as 1 of 2, 2 of 2 etc. All SF 330 submissions must include the following information either on the SF 330 or by accompanying document: Cover Page with Solicitation Number, Project Number and Title Table of Contents Copy of Current A/E License Copy of current https://veterans.certify.sba.gov/ SDVOSB/VOSB certification DUNS Number Cage Code Tax ID number Email address and Phone number (including the area code) of the Primary Point of Contact.