DESCRIPTION: This is a Special Notice for the establishment of an Architect-Engineering (A-E) contract with services to be performed at the Hampton VA Medical Center at 100 Emancipation Drive, Hampton, VA 23667. This requirement is being executed under a 100% Set-Aside to Service-Disabled Veteran Owned Small Business (SDVOSB) firms. THIS ANNOUNCEMENT IS NOT A REQUEST FOR PROPOSAL; NO SOLICITATION PACKAGE WILL BE ISSUED UNTIL AFTER AN EVALUATION HAS BEEN MADE ON THE PROVIDED SF-330s. The SF-330 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 SF-330, Parts I and II, to
[email protected] and
[email protected]. The SF-330s are due no later than 8:00 AM, EST, December 16, 2022. SCOPE OF WORK: This project requires the services of an architectural engineering firm (AE) having special knowledge of hospital design. The AE must have experience with Architectural, Civil, Structural, Mechanical, Environmental, and Electrical Engineering with regards to replacing the replacing the boiler plant. Intent This project is intended for the design for the demolition, new construction, and renovation of the boiler plant at the Hampton VAMC, Hampton, VA. A/E will investigate the existing conditions of the existing site. Project performs complete replacement of the boiler plant including equipment and systems (three main boilers, economizers, control panels, condensate tanks, blow down tanks, feed pumps, air compressors, fans and motors, variable frequency drives, fuel oil service pumps, fuel oil tanks, water softeners, sump pumps, chemical pumps and all associated piping, valves, fittings, supports and all components needed to make the system functional). Project will bring temporary independent mobile boiler and connect into the steam distribution piping system if necessary during components tie-in. In addition, the A/E shall provide a feasibility study to determine the best alternative location that will meet the needs of the project for the VA to review. Requirements (See Attached Statement of Work for Full Details) 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, electrical, and environmental hazards, such as suspect ACM, other hazardous materials. Work will consist of A/E personnel crawling in crawlspaces, removing ceiling tile and tracing ductwork above ceilings, and tracing ductwork in the building penthouse. Perform project site investigation in accordance with the Site Investigations section of the 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. 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 COR and Contracting Officer, 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. Part Ib Preparation of Contract Drawings and Specifications EXPECTATIONS: Submit complete review package in accordance with the following requirements and guidelines outlined in https://www.cfm.va.gov/til/aeDesSubReq.asp. Please pay specific attention to the schematic, design and construction submission requirements. As appropriate depending upon the complexity of the design, the A/E with VA approval, may elect to delete individual submissions where not required (i.e. Do not address A. Site Development, Landscaping for interior renovation projects). Design shall comply with the VA BIM & CAD standards located on the TIL at VA BIM & CAD Standards. DELIVER: Feasibility Study: Provide proposed space layouts for new construction, equipment, utility/infrastructure requirements, etc. for two alternative locations. Budget estimate for proposed with breakouts for equipment, materials, labor. Achieve a consensus on design approach before proceeding to 30% design. Complete SS1 and SS2 Checklist Design Development (DD1) 30%: Address all comments from the Feasibility Study review. Identify and provide all design calculations. Identify all existing utilities and utilities requirements. Complete DD1 Checklist Pre-TAB of existing impacted HVAC Systems per HVAC Design Manual Preliminary Estimate Design Development (DD2) 60%: Address all comments from the DD1 Submission review. Complete DD2 Checklist Updated Estimate Color boards showing the interior design scheme (fabrics, finishes, furniture layout and plans) for each area, east west and center, include an inventory of materials/manufactures recommended for use for approval and prepared for order by the VA Interior Designer. The color, name and all applicable identifying numbers shall be placed on the board and be easily read without removing the physical samples. Design Development (CD1) 90%: Address all comments from the DD2 Submission review. Design all finishes Finalize required submittals. Complete CD1 Checklist Updated Estimate Provide two digital project renderings of the facility, each from a different perspective. Provide a 3D model that includes FFE- furnishings and equipment (if vendor models are available). The model shall be able to be opened by Revit 2020. The Signage & Way-Finding Plan shall identify each type of sign and the planned location. Contract Documents (Bid documents): Submit an updated, complete package of all contract requirements including final estimate. The Drawing Cover Page shall be submitted for approval signatures. If necessary, update and submit until approved by the VA. Provide a submittal register containing all necessary submittals by specification section in an Excel spreadsheet. Checklist to be utilized to track/monitor submittal process. Complete project related sections of Standard Detail-Div 23-Schedules.xlsx Provide a Gantt chart of the estimated construction schedule showing work that is expected to last 30 or more days in duration, including submittals. Include expected material lead times. Part II - Construction Period Services: Review and provide concise recommendations on all submittals, shop drawings, product data, samples, RFI s (Questions & Clarification Requests), change order proposals, etc. in accordance with Construction Period Services section of this statement of work. Services shall include third party asbestos monitoring, if needed, that will be performed during construction by a VA Certified Asbestos Air Sampler. 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. Assist the VA to determine whether the contractor or subcontractor meets qualification requirements, support by written recommendations of any problems or litigation encountered in past based on firsthand knowledge. Review all submittals and provide recommendations to the VA within fourteen (14) calendar days upon request. Review and provide replies to contractor generated RFIs when required by the project manager within seven (7) calendar days. Review contractor's cost estimates and provide recommendations to the VA. Make site visits on requests of the VA and prepare written reports 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 as scheduled and generate punch list items for completion. The punch list shall reference the contract documents for specific deficiencies (i.e. specification section, drawing detail, etc.) Prepare as-built drawings on original set with A/E s stamp, based on record drawings that the contractor kept during construction. Transpose contractor s as-builts to AutoCAD (.dwg) and provide a set of updated as-builts on CD within 30 days to the Project Engineer. Final drawing submittal will include hard copies as described for other submissions as well as a CD clearly labeled with the project name, number and submittal date containing: Folder labeled bid documents All specifications bound in 1 word document (make sure spec sections are separated by page breaks) All drawing sheets in one .pdf file. Folder labeled DWG s with subfolders containing engineering disciplines (Architectural, MEP, Structural, Civil, etc.) which includes the .arj file (for every discipline) to launch and organize the drawing file system and make all drawings the current project inside of AutoCAD. Folder labeled PDF sheets containing separate .pdf documents for each discipline. Folder labeled cost estimate containing a copy of the final construction cost estimate documents Folder labeled calculations containing final calculation documents. Folder labeled specifications with a word document for each spec section Folder labeled misc for IH reports, materials testing, VPDES permit, soils tests, sustainability checklist, etc. Upon construction completion, red line drawings will be furnished to the A/E to prepare as built drawings. Final as built drawings will be furnished as master building drawings in a project manager format prescribed by the VA. The A/E shall review and approve all specified equipment and installation submittals and shop drawings. The A/E shall attend the pre-construction conference to review and confirm project scope. During construction, the A/E shall allow for a minimum of 6 site visits as directed and scheduled by the COR. Part III Construction Period Site Visits: Visit the site at the request of the VA in accordance with section Site Visits in the scope of work. The total number of site visits during the construction period is estimated to be a minimum of 6 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 SF-330s shall be a maximum of 45 pages (not to include CPARS and PPQs). All necessary information to meet the 8 criterions shall be contained within those 45 pages. The submitted SF-330s will be evaluated on the following criteria: The selection criteria are listed in order of importance. This acquisition will be in accordance with FAR Part 36.602-1 and VAAM Part M836.602-1(See Attached document). The A/E must demonstrate its qualifications with respect to the published evaluation criteria for all services. The Department of Veterans Affairs shall evaluate each potential contractor in terms of the following M firm meeting the selection criterion and NM means that the firm did not meet the selection criterion. (1) Professional qualifications necessary for satisfactory performance of required services; (2) Specialized experience and technical competence in the type of work required, specifically experience in Boiler plant replacement (3) 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. (4) Capacity to accomplish the work in the required time for both the prime and subconsultants. (5) Construction Period Services (6) Record of significant claims against the firm (7) Utilization of SDVOSB firms. (8) Location (tiebreaker) Criterion 1 - 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. Each resume shall include a minimum of two (2) specific completed projects through construction. a. Do the qualifications indicate that the project team has recent direct experience on Hospital projects designing similar improvements to those proposed at Hampton VAMC? Is the architect/engineer providing a team where each member has more than 5 years of experience? What will be the role of interns if used during design? b. Firm shall provide a table of a minimum of 5 and maximum of 8 comparable projects comparing their IGE with the bid/award amount during construction. Criterion 2 - Specialized experience and technical competence in the type of work required, specifically, experience in Boiler Plant Replacement with new buildings and/or constructing additions on top of existing structures. 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? Criterion 3 Past Performance 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. a. Does the proposed architect/engineer have past performance with ratings satisfactory and above while working on hospital projects? b. 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. Submission requirements: SUBMIT A COMPLETED CPARS/ACASS EVALUATION FOR EACH PROJECT UNDER CRITERION 1. IF THERE IS NOT A COMPLETED CPARS/ACASS EVALUATION, 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. AN OFFEROR SHALL NOT SUBMIT A PPQ WHEN A COMPLETED CPARS/ACASS IS AVAILABLE. IF A CPARS/ACASS EVALUATION IS NOT AVAILABLE, 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 SF-330. 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). 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: Stervon Johnson and cc. Nicholas J. Ruppert via email at
[email protected] and
[email protected] prior to the response date. Offerors shall not incorporate by reference into their response PPQs or CPARS previously submitted in response to other A/E services procurements. However, this does not preclude the Government from utilizing previously submitted PPQ information in the past performance evaluation. Evaluator Consideration: 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. Criterion 4 - Capacity to accomplish the work in the required time for both the prime and subconsultants. This factor evaluates the ability of the firm, given their current projected workload (percentage) 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. Submission requirements: I. List current projects with a design fee of greater than $50,000 being designed in the firms office. II. Indicate the firms present workload and the availability of the project team (including sub-consultants) for the specified contract performance period. III. Describe experience in successfully delivering projects per performance schedule, providing timely construction support, and successfully completing multiple projects with similar delivery dates IV. Volume of VA contract awards in the last 12 months. Criterion 5 Construction Period Services. 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. Submission Requirements: Provide up to three (3) completed projects in the past ten (10) years that best illustrates the construction period services performed by the team. Describe construction period services provided and whether the project was completed within schedule and budget. Include a contract number or project identification, include name, telephone number, and email of the completed project stakeholder. Criterion 6 - Record of significant claims against the firm because of improper or incomplete architectural and engineering services. Submission Requirements: Indicate any claims against the firm because of improper or incomplete architectural and engineering services within the past five (5) years. Criterion 7 Utilization of SDVOSB firms. Offerors will be evaluated on 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. Submission Requirements: Provide a list of subcontractors and their socioeconomic categories (SDVOSB, VOSB, and Multiple categories of small businesses). Criterion 8 Location. In the event that evaluations of SF330 s result in the same rating, proximity to the facility will be used as a tiebreaker. The distance will be determined according to http://maps.google.com/. For firms that 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. Submission requirements: Indicate firms/teams location, including main offices, branch offices and any sub consultants offices and demonstrate how this will be advantageous to the Government. 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 above. Discussions will be held with at least three (3) of the most highly qualified firms. Interviews may be conducted. The processes at FAR 36.602-4 and FAR 36.606 will then be followed. SELECTION INTERVIEW: 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. 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 COR of Facilities Management Service. Contractor is responsible for all cleanups and refuse disposal throughout the construction period. The A-E 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 A-E 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 estimated magnitude of construction is between $10,000,000 and $20,000,000. The A-E 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) 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 A-E to minimize impact of the construction. The A-E 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 $22.5 Million. DESIGN COSTS: All offerors are advised that in accordance with VAAR 836.606-71 the total cost of the architect or engineer services contracted for the production and delivery of designs, plans, and, specifications shall 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. LIMITATIONS ON SUBCONTRACTING: In accordance with VAAR 852.219-10, VA Notice of Total Service-Disabled Veteran-Owned Small Business Set-Aside and 13 CFR 125.6, a service disabled veteran-owned small business concern (SDVOSB) agrees that, in the performance of the contract, it will not pay more than 50% of the amount paid by the government to firms that are not similarly situated. Firms that are similarly situated are those that are also CVE-registered SDVOSBs. Requirement for Electronic Submission Unless paper offers are specifically authorized, all responses to this special 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 20 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 & time of their submission in response to this synopsis. The Microsoft Outlook © Email time/date stamp will be used to date and time stamp offers for the official record of receipt for the submission. The date and time stamp in recipients inbox is the official record of receipt. Security Issues, Late Bids, Unreadable Offers Late submission of offers is outlined at FAR Parts 52.212-1(f), 52.214-7, and 52.215-1(c)(3). Attention is warranted to the portion of the provision that relates to the timing of submission.  Please see FAR 15.207(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 Department of Veterans Affairs Center for Verification and Evaluation (CVE) 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 Department of Veterans Affairs Center for Verification and Evaluation prior to contract award. Failure to be both VERIFIED by CVE and VISIBLE on VetBiz prior to contract award will result in the offeror s proposal being deemed non-compliant. All offerors are urged to contact the CVE and submit the required documents to obtain CVE verification of their SDVOSB status if they have not already done so. 852.219-10 VA NOTICE OF TOTAL SERVICE-DISABLED VETERAN-OWNED SMALL BUSINESS SET-ASIDE (Nov 2020) (DEVIATION) (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; 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, 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 unless otherwise stated in this clause. (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). (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) above). (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 125.6. Unless otherwise stated in this clause, a requirement in 13 CFR part 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 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 non-manufacturer, it 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. (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 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 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 contracts referenced in (d)(2), (3), and (4) the cost of materials is excluded and are not considered to be subcontracted. When a contract includes both services and supplies, the 50 percent limitation shall apply only to the service portion of the contract. Other direct costs may be excluded to the extent they are not the principal purpose of the acquisition and small businesses do not provide them. For additional information and more specific requirements on the limitations on subcontracting, 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. Any inconsistencies between the requirements of the SBA Program for SDVO SBCs, and the VA Veterans First Contracting Program, as defined in VAAR subpart 819.70 and this clause, the VA Veterans First Contracting Program takes precedence. (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, Debarment). (End Clause)