36C78619R0012-001.docx

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.

36C78619R0012 X 11-09-2018 7898-000006

789CM3918

Department of Veterans Affairs NCA Contracting Service 75 Barrett Heights Rd. Suite 309 Stafford VA 22556 Kelly Rima 303-914-5710 The Department of Veterans Affairs, National Cemetery Administration intends to award a Firm-Fixed Price construction contract for the following project:

Construct new parking spaces and replace existing curbing at the Fayetteville National Cemetery located at 700 Government Road, Fayetteville, AR 72701 in accordance with the enclosed Scope of Work Dated November 5, 2018, Contract Specifications dated June 29, 2018 and Project Drawings 789CM3918 dated June 27, 2018.

The Government intends to make an award without discussions, but reserves the right to hold discussions if necessary.

Interested Offerors must be certified as an SDVOSB in the Department of Veteran Affairs website at www.vetbiz.va.gov as well as registered in www.sam.gov in order to be eligible and considered for award.

The magnitude of construction project is between $100,000 and $250,000.

NACIS Code 238110 Size Standards $15 Million

This Solicitation is subject to Far Clause 52.232-18 "Availability of Funds"

The preferred method for submission of proposals is electronically to Kelly.Rima@VA.gov.

SOLICITATION CLOSES ON DECEMBER 21, 2018 4:00 PM EASTERN TIME.

X X 52.211-10 X

ONE

16:00 EST

12-21-2018 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 Kelly A. Rima Contracting Officer

Table of Contents

A.3 PRICE/COST SCHEDULE

ITEM INFORMATION

Contractor to provide all labor, material, equipment, and supervision to construct new parking spaces and replace existing curbing at Fayetteville National Cemetery in accordance with the scope of work dated 11/5/2018, contract drawings, specifications, and all applicable standards and requirements as described herein.

***SEE ATTACHED PROJECT BID SHEET FOR BREAKDOWN OF PRICING***

A.4 SCOPE OF WORK

Page 1 of

SCOPE OF WORK

NEW PARKING SPACES AND REPLACE CURBING

FAYETTEVILLE NATIONAL CEMETERY, FAYETTEVILLE, AR

NOVEMBER 5, 2018

A. The Contractor: Shall furnish all labor, material, equipment, and supervision to construct new parking spaces and replace existing curbing at Fayetteville National Cemetery in accordance with the contract drawings, specifications, applicable standards and requirements, and as described herein.

B. The Work: The Work shall include, but shall not be limited to the following (not necessarily in the order indicated): All general construction, general alterations, general demolition, roads, paving, walks, grading, drainage, earthwork, landscaping, irrigation, curbing, selective demolition and alterations to existing facilities.

The Contractor shall conduct a site survey and field-verify all dimensions and information themselves prior to starting construction. Establish base reference elevations and horizontal reference point as indicated on the contract drawings. Verify all measurements as indicated on the contract drawings. The contractor shall resolve and correct any survey and measurement discrepancies immediately at no additional cost to the Government.

1. NEW PARKING SPACES:

a. Contractor shall demolish and remove the selected portions of the roadway, concrete sidewalk, concrete curb and gutter, landscaping areas, and irrigation system components as shown on the contract drawings and specifications.

b. Excavate to remove existing base material and soils to subgrade, re-compact existing subgrade to 95% compaction prior to placing new aggregate base material.

c. Install and compact new aggregate base materials in preparation for the placement of new concrete sidewalks, concrete curb and gutter, and asphalt paving in accordance with the contract documents.

d. Contractor is responsible to determine and set a reference elevation (reference point) at the top of the new curb and gutter to allow for proper slopes and drainage of the new construction and the entire parking area. See points "A" and "B" on the contract drawing.

e. Establish elevations, grades, and slopes as described in the contract drawings and specifications to insure proper drainage with no ponding or bird bath areas. Provide uniform slopes between new and existing grades. Avoid ridges and depressions. COR to review and approve prior to constructing new work.

f. Construct the new curb and gutter, concrete sidewalks, and asphalt paving in accordance with the contract documents.

g. Modify the existing irrigation system piping and components to fit the new landscape bed configuration. Complete the landscape bed reconstruction after completion of the curb and gutter work using the previously removed and stored landscaping materials.

2. REPLACEMENT OF EXISTING VERTICAL CURB AT THE ADMINISTRATION/PIC BUILDING AREA.

a. Contractor shall demolish and remove the selected portions of the existing vertical curb and the existing asphalt pavement as shown in the contract drawings and specifications.

b. Excavate to remove existing base material and soils to subgrade, re-compact existing subgrade to 95% compaction prior to placing new aggregate base material.

c. Install and compact new aggregate base materials in preparation for the placement of new mountable concrete curb and gutter in accordance with the contract documents.

d. Establish elevations, grades, and slopes to insure proper drainage with no ponding or bird bath areas. Provide uniform slopes between new and existing grades. Avoid ridges and depressions. COR to review and approve prior to constructing new work.

e. Construct the new mountable curb and gutter in accordance with the contract documents.

f. Provide smooth transitions between new curb and gutter and existing curb and gutter.

g. Removal of existing turfgrass shall not exceed a maximum of 2 feet from new curb. Minimize the amount of disturbed turfgrass. Replace removed and damaged turfgrass with new turfgrass.

3. REPLACEMENT OF EXISTING VERTICAL CURB AROUND THE FLAGPOLE CIRCLE ROADWAY:

a. Contractor shall demolish and remove the selected portions of the existing vertical curb as shown in the contract drawings and specifications.

b. Excavate to remove existing base material and soils to subgrade, re-compact existing subgrade to 95% compaction prior to placing new aggregate base material.

c. Install and compact new aggregate base materials in preparation for the placement of new vertical concrete curb in accordance with the contract documents.

d. Contractor is responsible to survey and record the existing curb elevations and establish a set of reference elevations prior to demolition. During the installation of the new curb, the contractor shall make corrections to the grade and slope of the new curb to ensure the new curb has an even, smooth top line. The COR shall review and approve the established grades and slopes as well as the transitions at storm drain inlets prior to the placement of the new curb.

e. Construct the new vertical in accordance with the contract documents.

f. Provide smooth transitions between new vertical curb and the existing curb and gutter.

g. Removal of existing turfgrass shall not exceed a maximum of 2 feet from new curb. Minimize the amount of disturbed turfgrass. Replace removed and damaged turfgrass with new turfgrass.

C. General Conditions: See specifications, “Section 01010, General Requirements.”

D. Standards of Employee Conduct: See specifications, “Section 01010, General Requirements.”

E. Time of Completion: The project shall be completed within 120 calendar days after contract award.

2. Contractor On-Site Supervisor/Superintendent: A competent and experienced English-speaking Contractor On-Site Supervisor/Superintendent shall be provided by the Contractor whenever work is being performed - other than trash and debris pick-up. The Contractor On-Site Supervisor must have not less than five (5) years of experience as a direct supervisor of building and site renovation projects. Offerors shall submit a resume for the Contractor Supervisor as part of the technical proposal. All permanent substitutions, whether of prime supervisors or sub-contractors, will be identified and reported to the COR and Contracting Officer, if not prior to, as soon as possible after occurrence.

G. Contractor Quality Control:

1. The Contractor Supervisor shall review and approve submittals, ensure all specifications are being met, inspect the quality of work performed, ensure contract work does not conflict with ceremonies and funerals, ensure employees are adequately supervised and proper conduct maintained, and certify the completed work for payment and other purposes.

2. Upon completion of work, the Contractor Superintendent and the COR shall inspect the completed work for compliance with the contract. COR shall report unsatisfactory conditions in writing to the Contracting Officer. The work shall not be accepted until all unsatisfactory conditions have been corrected to the satisfaction of the Contracting Officer and the COR.

H. Availability/Constraints of Site: See specifications, “Section 01010, General Requirements.”

J. Plans/Specifications/Details:

1. Drawing X-1: “Cover Sheet, Site Plan, General Notes, & Sheet”

2. Drawing S-1: “Demolition Plan for New Parking Spaces and Curb”

3. Drawing S-2: “Demolition Plan for Curbs, Elevations, and Details”

4. Drawing S-3: “Site Plan - New Parking Spaces and Curbs”

5. Drawing S-4: “Site Plan - New Curb, Striping Plan, and Sections”

6. Project Specifications: “New Parking Spaces and Replace Curbing.”

K. POC: Information on conducting pre-bid site visits will be provided in the Solicitation documents.

L. Project completion: The project site shall be protected and/or restored to a condition equal to that existing prior to the commencement of work. Upon completion of contract, deliver work complete and undamaged. Existing work (lawns, paving, roads, walks, etc.) disturbed or removed as a result of performing required new work, shall be patched, repaired, reinstalled, or replaced with new work, and refinished and left in as good condition as existed before commencing work.

END OF SCOPE OF WORK

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 work, appearance, and procedures performed by the contractor at this cemetery shall reflect this nations concern for those interred there. Due to the sensitive mission of the cemetery, contractor personnel must exercise and exhibit absolute decorum, composure, and stability at all times.

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 Kelly.Rima@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 December 12, 2018. 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. Questions submitted without the required information shall be considered nonresponsive.

Pre-bid Site Visit: It is highly recommended that Interested Offerors perform a thorough field survey of the existing conditions and features. Any conditions which may cause significant deviation shall be brought to the attention of the Contracting Officer or Contracting Officer Representative (COR) for clarification prior to submission of an offer. Interested Offerors planning to conduct a site visit shall contact the following:

James Leonard 700 Government Road Fayetteville, AR 72701 James.Leonard5@va.gov 479-442-2566

Safety: The Contractor shall assume sole responsibility for safety of all persons on or about the construction site, in accordance with applicable laws and codes. Contractor shall guard all hazards in accordance with the safety provisions of the latest manual of accident prevention published by the Associated General Contractors of America and OSHA. All actions of the Contractor shall meet safety requirements of San Joaquin Cemetery Safety Officer, Department of Veteran Affairs, OSHA, and the State of California. It is incumbent upon the Contractor to be familiar with these requirements. "Safety" shall also include the Contractor having a safety representative who maintains regular and routine contact with the Safety Officer at SJVNC. Contractor shall provide training of the contractor’s and subcontractor’s workers as necessary to meet these requirements.

Warranty: Contractor shall guarantee that all work done under this contract shall be guaranteed from faulty materials or workmanship and hereby agrees to repair or replace without additional cost to the Government any defects or imperfections appearing in said work. Contractor’s Warranty shall be for a period of one year after the final date of acceptance of all work by the COR or cemetery representative. Additionally, the Contractor is responsible for the repair and replacement of any existing structure or conditions that may have been damage or altered during contract performance.

Wage Determination: Currently, General Wage Decision Number AR180287, Dated 01/05/2018 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.

Offerors Submission: Proposal shall be submitted electronically to: Kelly.Rima@VA.gov

Proposal Requirements:

1. One (1) properly completed, signed and dated Form 1442 with the attached Project Bid Sheet.

1. Technical Proposals must address Evaluation Factors and the Scope of Work (SOW).

1. Demonstrated experience & qualifications relevant to this project requirement.

1. On Site Supervisor

1. Past performance questionnaire for at least 3 projects.

1. A completed copy of 52.204-8, Representation and Certifications.

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 FACTORS

Evaluation Process: The Government will award a firm fix contract, using FAR Part 13, Simplified Acquisition Procedures. The award will be made to a Contractor whose offer is the most advantageous to the Government, price and other factors considered. The award will be based on the Best Value to the Government. Although the evaluation of an Offeror and award of a contract will be made without discussion, the Government nevertheless reserves the right to conduct discussions if the Contracting Officer determines it to be necessary.

Technical Approach: The Technical approach shall include a brief yet comprehensive narrative that details the Contractor’s efforts. Offer shall be evaluated in accordance with the criteria contained in the solicitation and on how well the technical approach meets the Government requirements. Failure to provide the required narrative will result in the Contractor being considered nonresponsive. Specifically, address the following:

A. Experience: The Contractor shall provide sufficient project details with their technical proposal to demonstrate their experience or their subcontractor’s experience with at least three (3) asphalt pavement with curb and gutter projects of similar size, scope, and using similar materials and methods over the past five (5) years. Each contract submitted must have been satisfactorily completed, or if not yet completed, must be marked by satisfactory progress. The Government will not consider a contract that is less than 50% complete or an effort that concluded more than 5 years ago. Contractor shall provide customer points of contact for each project listed.

B. Contractor On-Site Supervisor/Superintendent: A competent and experienced English-speaking Contractor On-Site Supervisor/Superintendent shall be provided by the Contractor whenever work is being performed - other than trash and debris pick-up. The Contractor On-Site Supervisor must have not less than five (5) years of experience as a direct supervisor of building and site renovation projects. Offerors shall submit a resume for the Contractor Supervisor as part of the technical proposal. All permanent substitutions, whether of prime supervisors or sub-contractors, will be identified and reported to the COR and Contracting Officer, if not prior to, as soon as possible after occurrence.

C. Past performance: Past performance shall be evaluated based on the Offer’s technical qualifications on projects within the last 5 years that are comparable in size, complexity, and scope. Past Performance information shall be obtained by the following methods.

1. The Contracting Officer’s knowledge of previous experience with the supply or service being acquired;

2. Customer past performance questionnaire.

3. The Governmentwide Past Performance Information Retrieval System (PPIRS) at www.ppirs.gov or;

4. Any other reasonable basis.

Price: Proposed price will be evaluated for Reasonableness and Realism.

The Government reserves the right to reject all proposals if doing so is in the best interest of the Government.

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. Contract must be Relevant to current requirements.

Note: List National Cemetery Administration (NCA) contracts first, then provide past performance for Non-NCA contracts.

Past Performance Questionnaire

Contract Number

Contractor ( Agency Name, POC, and Address)

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 or Services provided, location & relevancy of work (Please be as detailed as possible to ensure NCA can determine relevancy)

Form may be duplicated

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:

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 Fayetteville National Cemetery Washington County

(End of Provision)

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: James Leonard Address: Fayetteville National Cemetery 700 Government Avenue Fayetteville, AR 72701

Telephone: 479-442-3009 (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)

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 2018)

(a)(1) The North American Industry Classification System (NAICS) code for this acquisition is 238110.

(2) The small business size standard is $15 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) 52.223-1, 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.

(xvii) 52.223-4, Recovered Material Certification. This provision applies to solicitations that are for, or specify the use of, EPA-designated items.

(xviii) 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.)

(xix) 52.225-2, Buy American Certificate. This provision applies to solicitations containing the clause at 52.225-1.

(xx) 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 $80,317, the provision with its Alternate II applies.

(D) If the acquisition value is $80,317 or more but is less than $100,000, the provision with its Alternate III applies.

(xxi) 52.225-6, Trade Agreements Certificate. This provision applies to solicitations containing the clause at 52.225-5.

(xxii) 52.225-20, Prohibition on Conducting Restricted Business Operations in Sudan—Certification. This provision applies to all solicitations.

(xxiii) 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.

(xxiv) 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.

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.

(End of Provision)

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 52.204-23 PROHIBITION ON CONTRACTING FOR HARDWARE, SOFTWARE, AND SERVICES DEVELOPED OR PROVIDED BY KASPERSKY LAB AND OTHER COVERED ENTITIES (JUL 2018)

(a) Definitions. As used in this clause—Covered article means any hardware, software, or service that—

(1) Is developed or provided by a covered entity;

(2) Includes any hardware, software, or service developed or provided in whole or in part by a covered entity; or

(3) Contains components using any hardware or software developed in whole or in part by a covered entity.

Covered entity means—

(1) Kaspersky Lab;

(2) Any successor entity to Kaspersky Lab;

(3) Any entity that controls, is controlled by, or is under common control with Kaspersky Lab; or

(4) Any entity of which Kaspersky Lab has a majority ownership.

(b) Prohibition. Section 1634 of Division A of the National Defense Authorization Act for Fiscal Year 2018 (Pub. L. 115–91) prohibits Government use of any covered article. The Contractor is prohibited from—

(1) Providing any covered article that the Government will use on or after October 1, 2018; and

(2) Using any covered article on or after October 1, 2018, in the development of data or deliverables first produced in the performance of the contract.

(c) Reporting requirement. (1) In the event the Contractor identifies a covered article provided to the Government during contract performance, or the Contractor is notified of such by a subcontractor at any tier or any other source, the Contractor shall report, in writing, to the Contracting Officer or, in the case of the Department of Defense, to the website at https://dibnet.dod.mil. For indefinite delivery contracts, the Contractor shall report to the Contracting Officer for the indefinite delivery contract and the Contracting Officer(s) for any affected order or, in the case of the Department of Defense, identify both the indefinite delivery contract and any affected orders in the report provided at https://dibnet.dod.mil.

(2) The Contractor shall report the following information pursuant to paragraph (c)(1) of this clause:

(i) Within 1 business day from the date of such identification or notification: The contract number; the order number(s), if applicable; supplier name; brand; model number (Original Equipment Manufacturer (OEM) number, manufacturer part number, or wholesaler number); item description; and any readily available information about mitigation actions undertaken or recommended.

(ii) Within 10 business days of submitting the report pursuant to paragraph (c)(1) of this clause: Any further available information about mitigation actions undertaken or recommended. In addition, the Contractor shall describe the efforts it undertook to prevent use or submission of a covered article, any reasons that led to the use or submission of the covered article, and any additional efforts that will be incorporated to prevent future use or submission of covered articles.

(d) Subcontracts. The Contractor shall insert the substance of this clause, including this paragraph (d), in all subcontracts, including subcontracts for the acquisition of commercial items.

(End of Provision)

4.3 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…