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1. SOLICITATION NUMBER
2. TYPE OF SOLICITATION
3. DATE ISSUED
PAGE OF PAGES
4. CONTRACT NUMBER
5. REQUISITION/PURCHASE REQUEST NUMBER
6. PROJECT NUMBER
7. ISSUED BY
CODE
8. ADDRESS OFFER TO
a. NAME
b. TELEPHONE NUMBER (Include area code) (NO COLLECT CALLS)
10. THE GOVERNMENT REQUIRES PERFORMANCE OF THE WORK DESCRIBED IN THESE DOCUMENTS (Title, identifying number, date) 12a. THE CONTRACTOR MUST FURNISH ANY REQUIRED PERFORMANCE AND PAYMENT BONDS?
(If "YES," indicate within how many calendar days after award in Item 12B.)
12b. CALENDAR DAYS
13. ADDITIONAL SOLICITATION REQUIREMENTS:
STANDARD FORM 1442 (REV. 8/2014)
STANDARD FORM 1442
Prescribed by GSA-FAR (48 CFR) 52.236-1(d)
SOLICITATION, OFFER,
AND AWARD
(Construction, Alteration, or Repair)
SOLICITATION
SOLICITATION
IMPORTANT - The "offer" section on the reverse must be fully completed by offeror.
9. FOR INFORMATION
CALL:
NOTE: In sealed bid solicitations "offer" and "offeror" mean "bid" and "bidder".
SEALED BID (IFB)
NEGOTIATED (RFP)
11. The Contractor shall begin performance within ____________ calendar days and complete it within calendar days after receiving award, notice to proceed. This performance period is mandatory negotiable. (See _____________________________).
YES
NO
a.
Sealed offers in original and ___________________copies to perform the work required are due at the place specified in Item 8 by _____________ (hour) local time _____________________ (date). If this is a sealed bid solicitation, offers must be publicly opened at that time. Sealed envelopes containing offers shall be marked to show the offeror's name and address, the solicitation number, the date and time offers are due.
b.
An offer guarantee is, is not required.
c.
All offers are subject to the (1) work requirements, and (2) other provisions and clauses incorporated in the solicitation in full text or by reference.
d.
Offers providing less than _______________________ calendar days for Government acceptance after the date offers are due will not be considered and will be rejected.
36C78618Q0052 11-14-2017
774CM3917.16
43C1 Department of Veterans Affairs NCA Contracting Service 75 Barrett Heights Rd. Suite 309 Stafford
VA
22556 Department of Veterans Affairs NCA Contracting Service 75 Barrett Heights Rd. Suite 309 Stafford
VA
22556 Joselito Roman 540-658-7213 The Department of Veterans Affairs, National Cemetery Administration anticipates awarding a Fir-Fixed Price contract for the items(s) listed witin line 1, based bid. It is the intent of the Government to make award without discussion for this Request for Quote (RFQ).
Line item 1, Base Bid: Contractgor shall provide all labor, supervision, equipment, materials and supplies to prepare a
0.2 acre area as a burial section by clearing trees and their roots, importing and grading soil, and establishing sod at Fort McPherson National Cemetery, Maxwell , NE 69151
All quotes will be submitted through the Department of Veterans Affairs vendor portal website at www.vendorportal.ecms.va.gov. Review this solicitation for additional details.
Solicitation closes on November 29 2017 2:00 PM EST.
NACIS Code 561730 Size Standard is 7.5 Million
The Cost Range is between $25,000 and $100,000.
Contracto's email:
Contractor's DUNS#:
x x x 2:00 11-28-2017 x
14. NAME AND ADDRESS OF OFFEROR
15. TELEPHONE NUMBER
16. REMITTANCE ADDRESS
CODE
FACILITY CODE
17. The offeror agrees to perform the work required at the prices specified below in strict accordance with the terms of the solicitation, if this offer is accepted by the Government in writing within __________ calendar days after the date offers are due.
AMOUNTS
18. The offeror agrees to furnish any required performance and payment bonds.
19. ACKNOWLEDGMENT OF AMENDMENTS
AMENDMENT
NUMBER
DATE.
20a. NAME AND TITLE OF PERSON AUTHORIZED TO SIGN OFFER 20b. SIGNATURE 20c. OFFER DATE
21. ITEMS ACCEPTED:
22. AMOUNT
23. ACCOUNTING AND APPROPRIATION DATA
24. SUBMIT INVOICES TO ADDRESS SHOWN IN
ITEM
25. OTHER THAN FULL AND OPEN COMPETITION PURSUANT TO
10 U.S.C. 2304(c)( 41 U.S.C. 3304(a) (
26. ADMINISTERED BY
27. PAYMENT WILL BE MADE BY
PHONE:
FAX:
28. NEGOTIATED AGREEMENT
29. AWARD
Your Contractor agrees offer on this solicitation is hereby accepted as to the items listed. This to furnish and deliver all items or perform all work requirements identified award consummates the contract, which consists of (a) the Government on this form and any continuation sheets for the consideration stated in solicitation and your offer, and (b) this contract award. No further cont-this contract. The rights and obligations of the parties to this contract ractual document is necessary.
shall be governed by (a) this contract award, (b) the solicitation, and (c) the clauses, representations, certifications, and specifications incorporated by reference in or attached to this contract.
30a. NAME AND TITLE OF CONTRACTOR OR PERSON AUTHORIZED 31a. NAME OF CONTRACTING OFFICER
TO SIGN
30b. SIGNATURE 30c. DATE 31b. UNITED STATES OF AMERICA 31c. AWARD DATE
BY
OFFER
AWARD
STANDARD FORM 1442 (REV. 8/2014) BACK
(Include ZIP Code) (Include area code) (Include only if different than Item 14.)
(Insert any number equal to or greater than the minimum requirement stated in Item 13d. Failure to insert any number means the offeror accepts the minimum in Item 13d.)
(The offeror acknowledges receipt of amendments to the solicitation -- give number and date of each) (Type or print) (4 copies unless otherwise specified) (Type or print) (Type or print) (Contractor is required to sign this document and return _______ copies to issuing office.)
(Contractor is not required to sign this document.)
(Must be fully completed by offeror) (To be completed by Government)
CONTRACTING OFFICER WILL COMPLETE ITEM 28 OR 29 AS APPLICABLE
43C1 Department of Veterans Affairs NCA Contracting Service 75 Barrett Heights Rd. Suite 309 Stafford
VA
22556 43C1 http://www.tungsten-network.com/customer -campaigns/veterans-affairs/
1-877-752-0900 Joselito Roman Contracting Officer
Table of Contents
| PART I - THE SCHEDULE | 1 |
| SECTION A - SOLICITATION/CONTRACT FORM | 1 |
| SF 1442 SOLICITATION, OFFER, AND AWARD (Construction, Alteration, or Repair) | 1 |
| A.1 PRICE/COST SCHEDULE | 5 |
| ITEM INFORMATION | 5 |
| INSTRUCTIONS, CONDITIONS AND OTHER STATEMENTS TO BIDDERS/OFFERORS | 6 |
| 2.1 52.222-5 CONSTRUCTION WAGE RATE REQUIREMENTS—SECONDARY SITE OF THE WORK (MAY 2014) | 14 |
| 2.2 52.222-23 NOTICE OF REQUIREMENT FOR AFFIRMATIVE ACTION TO ENSURE EQUAL EMPLOYMENT OPPORTUNITY FOR CONSTRUCTION (FEB 1999) | 15 |
| 2.3 52.225-10 NOTICE OF BUY AMERICAN REQUIREMENT—CONSTRUCTION MATERIALS (MAY 2014) | 16 |
| 2.4 52.236-27 SITE VISIT (CONSTRUCTION) (FEB 1995) | 17 |
| 2.5 52.252-1 SOLICITATION PROVISIONS INCORPORATED BY REFERENCE (FEB 1998) | 17 |
| 2.6 VAAR 852.270-1 REPRESENTATIVES OF CONTRACTING OFFICERS (JAN 2008) | 17 |
| REPRESENTATIONS AND CERTIFICATIONS | 19 |
| 3.1 52.204-8 ANNUAL REPRESENTATIONS AND CERTIFICATIONS (JAN 2017) | 19 |
| GENERAL CONDITIONS | 23 |
| 4.1 52.204-19 INCORPORATION BY REFERENCE OF REPRESENTATIONS AND CERTIFICATIONS (DEC 2014) | 23 |
| 4.2 52.211-10 COMMENCEMENT, PROSECUTION, AND COMPLETION OF WORK (APR 1984) ALTERNATE I (APR 1984) | 23 |
| 4.3 52.219-28 POST-AWARD SMALL BUSINESS PROGRAM REREPRESENTATION (JUL 2013) | 23 |
| 4.4 52.225-9 BUY AMERICAN—CONSTRUCTION MATERIALS (MAY 2014) | 25 |
| 4.5 52.252-2 CLAUSES INCORPORATED BY REFERENCE (FEB 1998) | 27 |
| 4.6 VAAR 852.203-70 COMMERCIAL ADVERTISING (JAN 2008) | 29 |
| 4.7 VAAR 852.219-10 VA NOTICE OF TOTAL SERVICE-DISABLED VETERAN-OWNED SMALL BUSINESS SET-ASIDE (JUL 2016)(DEVIATION) | 29 |
| 4.8 VAAR 852.232-72 ELECTRONIC SUBMISSION OF PAYMENT REQUESTS (NOV 2012) | 30 |
| 4.9 VAAR 852.236-71 SPECIFICATIONS AND DRAWINGS FOR CONSTRUCTION (JUL 2002) | 31 |
| 4.10 VAAR 852.236-72 PERFORMANCE OF WORK BY THE CONTRACTOR (JUL 2002) | 32 |
| 4.11 VAAR 852.236-74 INSPECTION OF CONSTRUCTION (JUL 2002) | 32 |
| 4.12 VAAR 852.236-76 CORRESPONDENCE (APR 1984) | 33 |
| 4.13 VAAR 852.236-77 REFERENCE TO "STANDARDS" (JUL 2002) | 33 |
| 4.14 VAAR 852.236-78 GOVERNMENT SUPERVISION (APR 1984) | 33 |
| 4.15 VAAR 852.236-79 DAILY REPORT OF WORKERS AND MATERIAL (APR 1984) | 33 |
| 4.16 VAAR 852.236-80 SUBCONTRACTS AND WORK COORDINATION (APR 1984) | 34 |
| 4.17 VAAR 852.236-82 PAYMENTS UNDER FIXED-PRICE CONSTRUCTION CONTRACTS (WITHOUT NAS) (APR 1984) | 34 |
| 4.18 VAAR 852.236-84 SCHEDULE OF WORK PROGRESS (NOV 1984) | 37 |
| 4.19 VAAR 852.236-85 SUPPLEMENTARY LABOR STANDARDS PROVISIONS (APR 1984) | 37 |
| 4.20 VAAR 852.236-86 WORKER'S COMPENSATION (JAN 2008) | 38 |
| 4.21 VAAR 852.236-87 ACCIDENT PREVENTION (SEP 1993) | 38 |
| 4.22 VAAR 852.236-88 CONTRACT CHANGES--SUPPLEMENT (JUL 2002) | 38 |
| 4.23 VAAR 852.236-89 BUY AMERICAN ACT (JAN 2008) | 40 |
| 4.24 VAAR 852.236-91 SPECIAL NOTES (JUL 2002) | 41 |
| 4.25 VAAR 852.246-74 SPECIAL WARRANTIES (JAN 2008) | 41 |
| 4.26 LIMITATIONS ON SUBCONTRACTING-- MONITORING AND COMPLIANCE (JUN 2011) | 42 |
A.1 PRICE/COST SCHEDULE
ITEM INFORMATION
| ITEM NUMBER |
| DESCRIPTION OF SUPPLIES/SERVICES |
| QUANTITY |
| UNIT |
| UNIT PRICE |
| AMOUNT |
| 0001 |
| Cut tree roots to depth of two feet, and for a distance of 170-feet, using a vibratory plow, trencher, or rock saw. |
| 1.00 |
| JB |
| __________________ |
| __________________ |
| 0002 |
| Remove 49 trees, with their stumps, and roots that are 1.0-inch diameter and larger, and dispose off-site. |
| 1.00 |
| JB |
| __________________ |
| __________________ |
| 0003 |
| Import 70 cubic yards of clean topsoil to 0.20-acre section. |
| 1.00 |
| JB |
| __________________ |
| __________________ |
| 0004 |
| Grade imported topsoil on the 0.20-acre section to a smooth and even grade with positive drainage. |
| 1.00 |
| JB |
| __________________ |
| __________________ |
| 0005 |
| Prepare soil surface of 0.20-acre for sod. |
| 1.00 |
| JB |
| __________________ |
| __________________ |
| 0006 |
| Provide and lay quality Kentucky bluegrass sod on 0.20-acre site. |
| 1.00 |
| JB |
| __________________ |
| __________________ |
| GRAND TOTAL |
| __________________ |
INSTRUCTIONS, CONDITIONS AND OTHER STATEMENTS TO BIDDERS/OFFERORS
NCA Mission: The National Cemetery Administration honors veterans with a final resting place and lasting memorials that commemorate their service to our Nation. National cemeteries are national shrines. The standards of maintenance, appearance and operational procedures performed by the Contractor at this cemetery shall reflect this nation’s concern for those interned there. For this reason, the Contractor’s special care, reverence, dignity and respect to the specifications shall be required and shall be essential.
Dignity Clause: Every action by contractor personnel at a national cemetery must be performed with the special care, reverence, dignity, and respect that acknowledge the cemetery as the final resting place that commemorates the service and sacrifice that service members, Veterans and their families made for our Nation. Critically important is the awareness required of the Contractor employees of the remains buried in the grounds where the work is performed. The utmost care must be given to these remains and the headstones and flat grave markers that mark those gravesites and memorialize the service of individuals.
Requests for Information (RFI): To obtain additional information concerning contract specifications, Offerors are encouraged to submit a written request via email to Joselito.Roman@va.gov. Email shall include the solicitation number and title, contractor name, address, city, state, zip, telephone, email address, date submitted and the RFI questions(s). Questions must be specific and must address the appropriate section, paragraph, and page. All questions submitted must be in question format. All questions regarding this project must be submitted by November 21, 2017. No questions will be answered after this date unless deemed to be in the best interest of the Government as deemed by the Contracting Officer.
Pre-bid Site Visit: Visit to the site by Offerors may be made only by appointment with the Contracting Officer Representative (COR) or authorized designee of Fort McPherson National Cemetery. Offerors are urged and expected to inspect the site where services are to be performed and to satisfy themselves regarding all general and local conditions that may affect the cost of contract performance. To schedule a site visit you may contact the following:
Marshall Murphy Assistant Director Contracting Officer Representative 12004 S. Spur 56A Maxwell, NE 69151-1031 Tel: 308-582-4433 Marshall.Murphy@va.gov
Wage Determination: Currently, General Decision Number NE170048 is applicable to any resultant contract. It is the responsibility of the Offerors to ensure that the correct, most current, wage determination is utilized when submitting a proposal. Please refer to Wage Determination OnLine.gov, www.wdol.gov, in order to obtain a copy of the most current wage rate for the specific state, county in which this construction contract is being performed.
Bonding Requirements: No bid guarantee is required for this project. Per FAR 28.102-1 (b) (1) construction contracts greater than $35,000, but not greater than $150,000, the contracting officer shall select two or more payment protections, giving particular consideration to inclusion of an irrevocable letter of credit as one of the selected alternatives. Submission of the payment protection is required within 15 days of the contract award and shall provide protection for the full contract performance period plus a one year period. For the protection of the Government, the penal amount of the performance bond will be 100% of the original contract price and 100% of any contract price increases. Refer to FAR 52.228-13 Alternate Payment Protection for additional information.
Quote Submission: Quote will be accepted and considered for award of a firm-fix price contract. Submitted quotes that do not meet the following instructions may be determined to be nonresponsive and will not be considered for award.
Offeror eCMS Vendor Portal Registration: All Interested Offerors must be registered with the Department of Veterans Affairs eCMS Vendor Portal at https://www.vendorportal.ecms.va.gov. Offerors who require registration shall proceed to the Vendor Portal’s Login section and shall click on Request a user account to register. In the event an Offeror is unable to submit a proposal through the vendor portal domain, prior to the proposal closing date, contact the VAAS helpdesk at 1-877-634-3739, or via email at VA.Acquisition.Systems@va.gov. If an Offeror is still having difficulties in submitting a proposal via the Vendor Portal the contracting officer may accept an Offeror’s proposal via email under the following circumstances:
1. Offeror must provide evidence that an email discussions or verbal discussion with the VAAS helpdesk could not resolve registration issues.
1. Quotes submitted must meet the time constraints as set forth in the solicitation.
Quotes submitted via email without set requirements will not be accepted and will be considered to be nonresponsive. All Proposal transmissions and uploads submitted via the Vendor Portal or via email are due no later than November 29, 2017 2:00 PM EST. Late or incomplete Quotes will also be considered nonresponsive.
Proposal Requirements:
Quote Requirements:
1. One (1) properly completed, signed and dated Standard Form 1442 with price/cost schedule.
1. Alternative Payment Protection and Performance Bond if applicable as stated in FAR 52.228-13.
1. A completed copy of 52.204-8, Representation and Certifications.
1. Quotes shall address evaluation factors and the Scope of Work (SOW).
1. Acknowledgement of any amendments if applicable.
1. Completed FAR Clause 52.223-3 “Hazardous Material Identification and Material Safety Data” (if applicable).
Failure to submit all required documentation may result in your submission being determined technically unresponsive and removed from further consideration.
Evaluation Process: The Government will award a firm fix contract resulting from the lowest evaluated price of quotes that meets or exceeds the technical requirements. The award will be made without discussion. Quotes shall be evaluated in accordance with the criteria contained in the solicitation and how well the proposed services meet the Government requirements. The technical evaluation will include examination of such things as product literature, technical features and warranty provisions. Past performance shall be evaluated in accordance with Far Part 13.106 and may be based on one or more of the following.
| 1. | The Contracting Officer’s knowledge of previous experience with the supply or service being acquired; |
| 2. | Customer past performance questionnaire replies |
| 3. | The Governmentwide Past Performance Information Retrieval System (PPIRS) at www.ppirs.gov or; |
| 4. | Any other reasonable basis. |
Price will be evaluated for price reasonableness by comparing quoted prices received with the Independent Government Estimate (IGE) and by comparing quoted prices received with other quotes.
The Government reserves the right to reject all proposals if doing so is in the best interest of the Government.
(End of Provision)
ATTACHMENT A - PAST PERFORMANCE QUESTIONAIRE
INSTRUCTIONS: Contractor must identify previous federal, state, local government and or private contracts completed that are similar in size and scope to the contract being evaluated. List at least three (3) contracts for evaluation. Contracts must be either competed or current within the last (5) years. One contract reference per form.
Note: List any National Cemetery Administration (NCA) contracts currently working or previously worked first followed by Non-NCA contracts.
Past Performance Questionnaire
Contract Number
Contractor ( Name Address, Zip Code)
Telephone Number
Email Address
Type of Contract
Contract Dollar Value
Date of Award (if not completed provide status)
Type/Extent of Subcontracting
Percentage of Work completed by the Contractor
Description of Supply/Services provided, location & relevancy of work
Address, Telephone Number & Email of the Contact Person and Position
Form may be duplicated
DESCRIPTION /STATEMENT OF WORK/SPECIFICATIONS
Contractor shall provide all labor, supervision, equipment, materials and supplies to prepare a 0.2-acre area as a burial section by clearing trees and their roots, importing and grading soil, and establishing sod at Fort McPherson National Cemetery, Maxwell, NE.
Work Includes:
Removing 49 trees with their major roots Importing and grading 70 cubic yards of topsoil Preparing the surface for and laying 8,500 square feet of sod General Information: The Department of Veterans Affairs, National Cemetery Administration intends to award a contract for removal of trees with their large roots, installation and grading of topsoil, sod-bed preparation, and sod installation. All work must be done without disturbing or damaging existing gravesites, headstones, fences, buildings, or other cemetery property.
Detailed Scope – Removals: The contractor shall prepare a 0.20-acre areas as a burial section by accomplishing the following:
1. Tree roots along the north/northeast side of the area shall be cut with a vibratory plow, trencher, or rock saw, to a depth of two feet and for a distance of 170 feet prior to tree/root removal to ensure greaves in an adjacent section are not disturbed by the tree removals.
2. All 49 trees, together with their roots that are larger than one inch diameter, shall be removed and disposed of offsite.
a. With the exception of four mulberry trees that are 1-6 inch diameter breast height (DBH), the other 45 trees are eastern red cedar (Juniperus virginiana), one of which has nine stems or trunks (totaling 53 eastern red cedar trunks). Approximate DBH’s of those 53 stems, and quantities of each, are:
i. 15”-20” -- 7
ii. 8”- 14” -- 21
iii. 6”-8” -- 16
iv. 4”-6” --9
3. Seventy cubic yards of clean topsoil shall be imported and added to the site to facilitate surface drainage.
4. Area shall be graded for positive drainage.
5. Area shall be prepared for sodding by tillage, if needed, and additional smoothing, raking, and elimination of debris, rocks, or clods larger than one inch diameter, to create a smooth, firm surface appropriate for sodding, and then a starter fertilizer (0.2 – 0.4 – 0.2 lb each of actual nitrogen, phosphate, and potash) shall be uniformly applied to the soil surface.
6. Fresh, healthy Kentucky bluegrass sod, matching that which is currently used at the cemetery, shall be properly and professionally laid on moistened soil, with sod pieces butted firmly together without buckling or stretching, and rolled to ensure good root-to-soil contact, and then irrigated.
General Parameters: The contractor is responsible to ensure that all work shall be done in a manner that safeguards all VA visitors, employees, and public. The Contractor shall be solely responsible for any and all actions initiated and/or completed by his/her employees. Furthermore, the contractor and his/her employees shall be fully compliant with all applicable Federal, State, County and City laws, and ordinances.
Damage to Government Property: Contractor shall be responsible for repair or replacement of any cemetery structure or property, including buildings, turf, curbs, road pavement, headstones or markers, irrigation or other water system components, or control markers, that are chipped, marred, damaged and/or ruined at the fault of the Contractor. The contractor shall bear all costs associated with replacement and reinstallation. Any such damage shall be brought to the immediate attention of the appointed COR prior to repair/replacement/installation.
Contractor shall be responsible for cleaning any cemetery structures that are soiled or stained as a result of contractor’s performance. The contractor shall bear all costs associated with washing and cleaning. Any such washing/cleaning shall be brought to the immediate attention of the COR prior to washing/cleaning.
The contractor shall ensure at all times that rubbish and trash generated by the contractor is kept clear of vehicular and pedestrian traffic throughout the site. NOTE: The Government shall not provide receptacle(s) for disposal of debris related to this contract.
The contractor shall not operate trucks, tractors, and other heavy equipment on any turf or interment area except where designated.
The contractor is responsible for the safety and security of his/her own equipment, tools, and supplies. The Government is not liable for damage, loss, or theft of contractor’s equipment, tools, and supplies.
Contractor Furnished Items: The contractor is responsible for supplying all equipment, personnel, tools, supplies and materials to perform these services.
Contractor-furnished items necessary to perform work as required under this contract shall be furnished, maintained and operated by the contractor and shall be consistent and fully compliant with all applicable Federal, State, County, City laws, ordinances and regulations.
The contractor is responsible for ensuring that all of his/her motor vehicles and equipment meet State’s inspection, safety, licensing, registration, and insurance requirements.
Contractor Conduct: Due to the sensitive mission of the cemetery, the work often requires contact with, and exposure to, grieving individuals. Contractor personnel must exercise and exhibit absolute decorum, composure, respect, and stability at all times. Inquiries from cemetery visitors shall be politely referred to cemetery staff.
Contractor shall maintain a neat and professional appearance throughout its workforce, vehicles, equipment, and maintenance areas.
Contractor employees shall not engage in loud or boisterous behavior, angry outbursts or use profane or abusive language at any time on Government premises. Playing radios and/or electronic games/devices, smoking or chewing tobacco products, shall only be done at lunchtime and in a designated work area.
Safety: Matters related to safety, and any actions of the contractor, must meet all safety requirements of OSHA, the State, and ANSI Standard Z133. It is incumbent upon the contractor to be familiar with these requirements.
Submittals: Licenses/Certification: Copies of certificates of liability and worker’s compensation insurance will be required before work can begin. The contractor shall comply with all State, Local and Federal licenses/certifications required to perform the work.
Restoration and Clean-Up: Remove debris and waste material daily from the cemetery. In areas where work has been completed, clear the area of all debris, spoil piles and containers. Keep at least one paved vehicular access route to each burial section clean at all times.
Utility Lines Compliance: Where tree removal conflicts with existing utility/service lines (above ground/below ground), the corresponding utility company shall be notified by the contractor. The contractor shall obtain any necessary permits/ blue prints and cooperate with the utilities company/cemetery staff to avoid any damage or liability, and provide a safe work environment for his/her employees.
Performance Period: The contractor shall complete the work required under this statement of work in 60 calendar days or less from the date of award, unless otherwise directed by the contracting officer.
Work Hours: All work shall be performed during the normal working hours (8:00 a.m. to 4:30 p.m.), Monday through Friday, except with the written permission of the COR or his/her representative. When emergency situations are caused by the contractor, then he/she shall make arrangements with the COR to work on weekends to correct/eliminate the emergency in order to meet the period of performance. Work at the cemetery shall not take place on Federal holidays. The Government shall not compensate the contractor for emergency situations caused by the contractor.
Daily Schedule: The contractor shall coordinate with the COR daily for the purpose of establishing a work schedule and to ensure that no work is being performed at the immediate site of a scheduled interment or ceremony. A list of scheduled ceremonies will be provided the week prior to the event, and a list of scheduled funerals will be provided the day prior to the service. The contractor is solely responsible for ensuring that no contract work causes any funeral, ceremony, procession or visitation to be delayed, altered, or otherwise impacted in such a way that the dignity or security of the event is compromised. The contractor is solely responsible for staying abreast of all such upcoming events and when in doubt, he/she must ask the COR.
2.1 52.222-5 CONSTRUCTION WAGE RATE REQUIREMENTS—SECONDARY SITE OF THE WORK (MAY 2014) (a)(1) The offeror shall notify the Government if the offeror intends to perform work at any secondary site of the work, as defined in paragraph (a)(1)(ii) of the FAR clause at 52.222-6, Construction Wage Rate Requirements, of this solicitation.
(2) If the offeror is unsure if a planned work site satisfies the criteria for a secondary site of the work, the offeror shall request a determination from the Contracting Officer.
(b)(1) If the wage determination provided by the Government for work at the primary site of the work is not applicable to the secondary site of the work, the offeror shall request a wage determination from the Contracting Officer.
(2) The due date for receipt of offers will not be extended as a result of an offeror's request for a wage determination for a secondary site of the work.
(End of Provision)
2.2 52.222-23 NOTICE OF REQUIREMENT FOR AFFIRMATIVE ACTION TO ENSURE EQUAL EMPLOYMENT OPPORTUNITY FOR CONSTRUCTION (FEB 1999)
(a) The offeror's attention is called to the Equal Opportunity clause and the Affirmative Action Compliance Requirements for Construction clause of this solicitation.
(b) The goals for minority and female participation, expressed in percentage terms for the Contractor's aggregate workforce in each trade on all construction work in the covered area, are as follows:
| Goals for minority participation for each trade |
| Goals for female participation for each trade |
| 2.8 % |
| 6.9 % |
These goals are applicable to all the Contractor's construction work performed in the covered area. If the Contractor performs construction work in a geographical area located outside of the covered area, the Contractor shall apply the goals established for the geographical area where the work is actually performed. Goals are published periodically in the Federal Register in notice form, and these notices may be obtained from any Office of Federal Contract Compliance Programs office.
(c) The Contractor's compliance with Executive Order 11246, as amended, and the regulations in 41 CFR 60-4 shall be based on (1) its implementation of the Equal Opportunity clause, (2) specific affirmative action obligations required by the clause entitled "Affirmative Action Compliance Requirements for Construction," and (3) its efforts to meet the goals. The hours of minority and female employment and training must be substantially uniform throughout the length of the contract, and in each trade. The Contractor shall make a good faith effort to employ minorities and women evenly on each of its projects. The transfer of minority or female employees or trainees from Contractor to Contractor, or from project to project, for the sole purpose of meeting the Contractor's goals shall be a violation of the contract, Executive Order 11246, as amended, and the regulations in 41 CFR 60-4. Compliance with the goals will be measured against the total work hours performed.
(d) The Contractor shall provide written notification to the Deputy Assistant Secretary for Federal Contract Compliance, U.S. Department of Labor, within 10 working days following award of any construction subcontract in excess of $10,000 at any tier for construction work under the contract resulting from this solicitation. The notification shall list the—
(1) Name, address, and telephone number of the subcontractor;
(2) Employer's identification number of the subcontractor;
(3) Estimated dollar amount of the subcontract;
(4) Estimated starting and completion dates of the subcontract; and
(5) Geographical area in which the subcontract is to be performed.
(e) As used in this Notice, and in any contract resulting from this solicitation, the "covered area" is Lincoln Nebraska
2.3 52.225-10 NOTICE OF BUY AMERICAN REQUIREMENT—CONSTRUCTION MATERIALS (MAY 2014)
(a) Definitions. "Commercially available off-the-shelf (COTS) item," "construction material," "domestic construction material," and "foreign construction material," as used in this provision, are defined in the clause of this solicitation entitled "Buy American—Construction Materials" (Federal Acquisition Regulation (FAR) clause 52.225-9).
(b) Requests for determinations of inapplicability. An offeror requesting a determination regarding the inapplicability of the Buy American statute should submit the request to the Contracting Officer in time to allow a determination before submission of offers. The offeror shall include the information and applicable supporting data required by paragraphs (c) and (d) of the clause at FAR 52.225-9 in the request. If an offeror has not requested a determination regarding the inapplicability of the Buy American statute before submitting its offer, or has not received a response to a previous request, the offeror shall include the information and supporting data in the offer.
(c) Evaluation of offers.
(1) The Government will evaluate an offer requesting exception to the requirements of the Buy American statute, based on claimed unreasonable cost of domestic construction material, by adding to the offered price the appropriate percentage of the cost of such foreign construction material, as specified in paragraph (b)(3)(i) of the clause at FAR 52.225-9.
(2) If evaluation results in a tie between an offeror that requested the substitution of foreign construction material based on unreasonable cost and an offeror that did not request an exception, the Contracting Officer will award to the offeror that did not request an exception based on unreasonable cost.
(d) Alternate offers.
(1) When an offer includes foreign solicitation in paragraph (b)(2) of the clause at FAR 52.225-9, the offeror also may submit an alternate offer based on use of equivalent domestic construction material.
(2) If an alternate offer is submitted, the offeror shall submit a separate Standard Form 1442 for the alternate offer, and a separate price comparison table prepared in accordance with paragraphs (c) and (d) of the clause at FAR 52.225-9 for the offer that is based on the use of any foreign construction material for which the Government has not yet determined an exception applies.
(3) If the Government determines that a particular exception requested in accordance with paragraph (c) of the clause at FAR 52.225-9 does not apply, the Government will evaluate only those offers based on use of the equivalent domestic construction material, and the offeror shall be required to furnish such domestic construction material. An offer based on use of the foreign construction material for which an exception was requested—
(i) Will be rejected as nonresponsive if this acquisition is conducted by sealed bidding; or
(ii) May be accepted if revised during negotiations.
(End of Provision)
2.4 52.236-27 SITE VISIT (CONSTRUCTION) (FEB 1995)
(a) The clauses at 52.236-2, Differing Site Conditions, and 52.236-3, Site Investigations and Conditions Affecting the Work, will be included in any contract awarded as a result of this solicitation. Accordingly, offerors or quoters are urged and expected to inspect the site where the work will be performed.
(b) Site visits may be arranged during normal duty hours by contacting:
Name: Marshall Murphy Address: Fort McPherson National Cemetery 12004 S. Spur 56A
Maxwell, NE 69151-1031 Telephone: 308-582-4433 (End of Provision)
2.5 52.252-1 SOLICITATION PROVISIONS INCORPORATED BY REFERENCE (FEB 1998)
This solicitation incorporates one or more solicitation provisions by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. The offeror is cautioned that the listed provisions may include blocks that must be completed by the offeror and submitted with its quotation or offer. In lieu of submitting the full text of those provisions, the offeror may identify the provision by paragraph identifier and provide the appropriate information with its quotation or offer. Also, the full text of a solicitation provision may be accessed electronically at this/these address(es):
http://www.acquisition.gov/far/index.html http://www.va.gov/oal/library/vaar/
(End of Provision)
| FAR Number |
| Title |
| Date |
| 52.204-7 |
| SYSTEM FOR AWARD MANAGEMENT |
| OCT 2016 |
| 52.204-16 |
| COMMERCIAL AND GOVERNMENT ENTITY CODE REPORTING |
| JUL 2016 |
| 52.204-22 |
| ALTERNATIVE LINE ITEM PROPOSAL |
| JAN 2017 |
2.6 VAAR 852.270-1 REPRESENTATIVES OF CONTRACTING OFFICERS (JAN 2008)
The contracting officer reserves the right to designate representatives to act for him/her in furnishing technical guidance and advice or generally monitor the work to be performed under this contract. Such designation will be in writing and will define the scope and limitation of the designee's authority. A copy of the designation shall be furnished to the contractor.
(End of Provision)
REPRESENTATIONS AND CERTIFICATIONS
3.1 52.204-8 ANNUAL REPRESENTATIONS AND CERTIFICATIONS (JAN 2017)
(a)(1) The North American Industry Classification System (NAICS) code for this acquisition is 561730.
(2) The small business size standard is $7.5 Million.
(3) The small business size standard for a concern which submits an offer in its own name, other than on a construction or service contract, but which proposes to furnish a product which it did not itself manufacture, is 500 employees.
(b)(1) If the provision at 52.204-7, System for Award Management, is included in this solicitation, paragraph (d) of this provision applies.
(2) If the provision at 52.204-7 is not included in this solicitation, and the offeror is currently registered in the System for Award Management (SAM), and has completed the Representations and Certifications section of SAM electronically, the offeror may choose to use paragraph (d) of this provision instead of completing the corresponding individual representations and certifications in the solicitation. The offeror shall indicate which option applies by checking one of the following boxes:
[ ] (i) Paragraph (d) applies.
[ ] (ii) Paragraph (d) does not apply and the offeror has completed the individual representations and certifications in the solicitation.
(c)(1) The following representations or certifications in SAM are applicable to this solicitation as indicated:
(i) 52.203-2, Certificate of Independent Price Determination. This provision applies to solicitations when a firm-fixed-price contract or fixed-price contract with economic price adjustment is contemplated, unless—
(A) The acquisition is to be made under the simplified acquisition procedures in Part 13;
(B) The solicitation is a request for technical proposals under two-step sealed bidding procedures; or
(C) The solicitation is for utility services for which rates are set by law or regulation.
(ii) 52.203-11, Certification and Disclosure Regarding Payments to Influence Certain Federal Transactions. This provision applies to solicitations expected to exceed $150,000.
(iii) 52.203-18, Prohibition on Contracting with Entities that Require Certain Internal Confidentiality Agreements or Statements—Representation. This provision applies to all solicitations.
(iv) 52.204-3, Taxpayer Identification. This provision applies to solicitations that do not include the provision at 52.204-7, System for Award Management.
(v) 52.204-5, Women-Owned Business (Other Than Small Business). This provision applies to solicitations that—
(A) Are not set aside for small business concerns;
(B) Exceed the simplified acquisition threshold; and
(C) Are for contracts that will be performed in the United States or its outlying areas.
(vi) 52.209-2, Prohibition on Contracting with Inverted Domestic Corporations—Representation.
(vii) 52.209-5, Certification Regarding Responsibility Matters. This provision applies to solicitations where the contract value is expected to exceed the simplified acquisition threshold.
(viii) 52.209-11, Representation by Corporations Regarding Delinquent Tax Liability or a Felony Conviction under any Federal Law. This provision applies to all solicitations.
(ix) 52.214-14, Place of Performance—Sealed Bidding. This provision applies to invitations for bids except those in which the place of performance is specified by the Government.
(x) 52.215-6, Place of Performance. This provision applies to solicitations unless the place of performance is specified by the Government.
(xi) 52.219-1, Small Business Program Representations (Basic & Alternate I). This provision applies to solicitations when the contract will be performed in the United States or its outlying areas.
(A) The basic provision applies when the solicitations are issued by other than DoD, NASA, and the Coast Guard.
(B) The provision with its Alternate I applies to solicitations issued by DoD, NASA, or the Coast Guard.
(xii) 52.219-2, Equal Low Bids. This provision applies to solicitations when contracting by sealed bidding and the contract will be performed in the United States or its outlying areas.
(xiii) 52.222-22, Previous Contracts and Compliance Reports. This provision applies to solicitations that include the clause at 52.222-26, Equal Opportunity.
(xiv) 52.222-25, Affirmative Action Compliance. This provision applies to solicitations, other than those for construction, when the solicitation includes the clause at 52.222-26, Equal Opportunity.
(xv) 52.222-38, Compliance with Veterans' Employment Reporting Requirements. This provision applies to solicitations when it is anticipated the contract award will exceed the simplified acquisition threshold and the contract is not for acquisition of commercial items.
(xvi) 52.222-57, Representation Regarding Compliance with Labor Laws (Executive Order 13673). This provision applies to solicitations expected to exceed $50 million which are issued from October 25, 2016 through April 24, 2017, and solicitations expected to exceed $500,000, which are issued after April 24, 2017.
Note to paragraph (c)(1)(xvi): By a court order issued on October 24, 2016, 52.222-57 is enjoined indefinitely as of the date of the order. The enjoined paragraph will become effective immediately if the court terminates the injunction. At that time, DoD, GSA, and NASA will publish a document in the Federal Register advising the public of the termination of the injunction.
(xvii) 52.223-1, Biobased Product Certification. This provision applies to solicitations that require the delivery or specify the use of USDA-designated items; or include the clause at 52.223-2, Affirmative Procurement of Biobased Products Under Service and Construction Contracts.
(xviii) 52.223-4, Recovered Material Certification. This provision applies to solicitations that are for, or specify the use of, EPA-designated items.
(xix) 52.223-22, Public Disclosure of Greenhouse Gas Emissions and Reduction Goals--Representation. This provision applies to solicitations that include the clause at 52.204-7.)
(xx) 52.225-2, Buy American Certificate. This provision applies to solicitations containing the clause at 52.225-1.
(xxi) 52.225-4, Buy American—Free Trade Agreements—Israeli Trade Act Certificate. (Basic, Alternates I, II, and III.) This provision applies to solicitations containing the clause at 52.225-3.
(A) If the acquisition value is less than $25,000, the basic provision applies.
(B) If the acquisition value is $25,000 or more but is less than $50,000, the provision with its Alternate I applies.
(C) If the acquisition value is $50,000 or more but is less than $77,533, the provision with its Alternate II applies.
(D) If the acquisition value is $77,533 or more but is less than $100,000, the provision with its Alternate III applies.
(xxii) 52.225-6, Trade Agreements Certificate. This provision applies to solicitations containing the clause at 52.225-5.
(xxiii) 52.225-20, Prohibition on Conducting Restricted Business Operations in Sudan—Certification. This provision applies to all solicitations.
(xxiv) 52.225-25, Prohibition on Contracting with Entities Engaging in Certain Activities or Transactions Relating to Iran—Representation and Certifications. This provision applies to all solicitations.
(xxv) 52.226-2, Historically Black College or University and Minority Institution Representation. This provision applies to solicitations for research, studies, supplies, or services of the type normally acquired from higher educational institutions.
(A) Solicitations for research, studies, supplies, or services of the type normally acquired from higher educational institutions; and
(B) For DoD, NASA, and Coast Guard acquisitions, solicitations that contain the clause at 52.219-23, Notice of Price Evaluation Adjustment for Small Disadvantaged Business Concerns.
(2) The following representations or certifications are applicable as indicated by the Contracting Officer:
[X](i) 52.204-17, Ownership or Control of Offeror.
[X](ii) 52.204-20, Predecessor of Offeror.
[](iii) 52.222-18, Certification Regarding Knowledge of Child Labor for Listed End Products.
[](iv) 52.222-48, Exemption from Application of the Service Contract Labor Standards to Contracts for Maintenance, Calibration, or Repair of Certain Equipment—Certification.
[](v) 52.222-52, Exemption from Application of the Service Contract Labor Standards to Contracts for Certain Services—Certification.
[](vi) 52.223-9, with its Alternate I, Estimate of Percentage of Recovered Material Content for EPA-Designated Products (Alternate I only).
[](vii) 52.227-6, Royalty Information.
[](A) Basic.
[](B) Alternate I.
[](viii) 52.227-15, Representation of Limited Rights Data and Restricted Computer Software.
(d) The offeror has completed the annual representations and certifications electronically via the SAM Web site accessed through https://www.acquisition.gov. After reviewing the SAM database information, the offeror verifies by submission of the offer that the representations and certifications currently posted electronically that apply to this solicitation as indicated in paragraph (c) of this provision have been entered or updated within the last 12 months, are current, accurate, complete, and applicable to this solicitation (including the business size standard applicable to the NAICS code referenced for this solicitation), as of the date of this offer and are incorporated in this offer by reference (see FAR 4.1201); except for the changes identified below [offeror to insert changes, identifying change by clause number, title, date]. These amended representation(s) and/or certification(s) are also incorporated in this offer and are current, accurate, and complete as of the date of this offer.
| FAR Clause # |
| Title |
| Date |
| Change |
Any changes provided by the offeror are applicable to this solicitation only, and do not result in an update to the representations and certifications posted on SAM.
GENERAL CONDITIONS
4.1 52.204-19 INCORPORATION BY REFERENCE OF REPRESENTATIONS AND CERTIFICATIONS (DEC 2014) The Contractor's representations and certifications, including those completed electronically via the System for Award Management (SAM), are incorporated by reference into the contract.
(End of Clause)
4.2 52.211-10 COMMENCEMENT, PROSECUTION, AND COMPLETION OF WORK (APR 1984) ALTERNATE I (APR 1984) The Contractor shall be required to (a) commence work under this contract within 10 calendar days after the date the Contractor receives the notice to proceed, (b) prosecute the work diligently, and (c) complete the entire work ready for use not later than 60 days after receipt of award. The time stated for completion shall include final cleanup of the premises.
The completion date is based on the assumption that the successful offeror will receive the notice to proceed by . The completion date will be extended by the number of calendar days after the above date that the Contractor receives the notice to proceed, except to the extent that the delay in issuance of the notice to proceed results from the failure of the Contractor to execute the contract and give the required performance and payment bonds within the time specified in the offer.
(End of Clause)
4.3 52.219-28 POST-AWARD SMALL BUSINESS PROGRAM REREPRESENTATION (JUL 2013)
(a) Definitions. As used in this clause— Long-term contract means a contract of more than five years in duration, including options. However, the term does not include contracts that exceed five years in duration because the period of performance has been extended for a cumulative period not to exceed six months under the clause at 52.217-8, Option to Extend Services, or other appropriate authority.
Small business concern means a concern, including its affiliates, that is independently owned and operated, not dominant in the field of operation in which it is bidding on Government contracts, and qualified as a small business under the criteria in 13 CFR part 121 and the size standard in paragraph (c) of this clause. Such a concern is "not dominant in its field of operation" when it does not exercise a controlling or major influence on a national basis in a kind of business activity in which a number of business concerns are primarily engaged. In determining whether dominance exists, consideration shall be given to all appropriate factors, including volume of business, number of employees, financial resources, competitive status or position, ownership or control of materials, processes, patents, license agreements, facilities, sales territory, and nature of business activity.
(b) If the Contractor represented that it was a small business concern prior to award of this contract, the Contractor shall rerepresent its size status according to paragraph (e) of this clause or, if applicable, paragraph (g) of this clause, upon the occurrence of any of the following:
(1) Within 30 days after execution of a novation agreement or within 30 days after modification of the contract to include this clause, if the novation agreement was executed prior to inclusion of this clause in the contract.
(2) Within 30 days after a merger or acquisition that does not require a novation or within 30 days after modification of the contract to include this clause, if the merger or acquisition occurred prior to inclusion of this clause in the contract.
(3) For long-term contracts—
(i) Within 60 to 120 days prior to the end of the fifth year of the contract; and
(ii) Within 60 to 120 days prior to the date specified in the contract for exercising any option thereafter.
(c) The Contractor shall rerepresent its size status in accordance with the size standard in effect at the time of this rerepresentation that corresponds to the North American Industry Classification System (NAICS) code assigned to this contract. The small business size standard corresponding to this NAICS code can be found at http://www.sba.gov/content/table-small-business-size-standards.
(d) The small business size standard for a Contractor providing a product which it does not manufacture itself, for a contract other than a construction or service contract, is 500 employees.
(e) Except as provided in paragraph (g) of this clause, the Contractor shall make the representation required by paragraph (b) of this clause by validating or updating all its representations in the Representations and Certifications section of the System for Award Management (SAM) and its other data in SAM, as necessary, to ensure that they reflect the Contractor's current status. The Contractor shall notify the contracting office in writing within the timeframes specified in paragraph (b) of this clause that the data have been validated or updated, and provide the date of the validation or update.
(f) If the Contractor represented that it was other than a small business concern prior to award of this contract, the Contractor may, but is not required to, take the actions required by paragraphs (e) or (g) of this clause.
(g) If the Contractor does not have representations and certifications in SAM, or does not have a representation in SAM for the NAICS code applicable to this contract, the…
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