36C78619R0052-001.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.

36C78619R0052 X 04-23-2019

RFP DUE: 16 MAY 2019

7879-000031

802-MM18-05

36C786 Department of Veterans Affairs

NATIONAL CEMETERY ADMINISTRATION (NCA)

CONSTRUCTION SUPPORT DIVISION (43C2)

75 BARRETT HEIGHTS RD, STE 309

STAFFORD, VA 22556 VA 22556

Department of Veterans Affairs

NATIONAL CEMETERY ADMINISTRATION (NCA)

CONSTRUCTION SUPPORT DIVISION (43C2)

75 BARRETT HEIGHTS RD, STE 309

STAFFORD VA 22556

Sheryl Palacio-Davis 1-540-658-7227 Baltimore National Cemetery | REQUEST FOR PROPOSAL (RFP), DUE DATE IS 16 MAY 2019 @ 2:00 P.M. (EST).

The Department of Veterans Affairs (VA), National Cemetery Administration (NCA) anticipates awarding a firm-fixed price contract, whereas, Contractor shall provide all labor, tools, materials, equipment, submittals, services and professional supervision, for the Construction of Committal Shelter at Baltimor National Cemetery, MD, In Accordance With (IAW) the SOW, Specifications, Drawings, applicable standards, and requirements for this project, located at Baltimore National Cemetery, 5501 Frederick Avenue, Baltimore, MD 21228 (Baltimore County).

An organized Site-Visit has been scheduled for 06 May 2019 @ 10:00 A.M. (EST).

See clause 52.236-27 for Site-Visit information.

Questions shall be submitted to sheryl.palacio-davis@va.gov, NLT 2:00 P.M. (EST), 72 hours after the Site-Visit.

Email subject line must contain line must contain the following in the subject line: Solicitation Number, Proj. Name & Proj. Number. Questions received after 09 May 2019 will not be accepted. Telephone inquiries are not accepted during the Solicitation periods.

NAICS Code is: 237990 Other Heavy and Civil Engineering Construction. The Business Size Standard is $36.5 Million.

Per VAAR 836.204, The construction magnitude for this requirement is between $250,00.00 and $500,000.00

This acquisition is 100% Set-Aside for Service-Disabled Veteran-Owned Small Businesses (SDVOSB). Only verified SDVOSB on firms are eligible to submit an offer or receive an award of a VA contract that is set aside for SDVOSB in accordance with VAAR Part 819. A non-verified vendor that submits a bid or proposal will be rejected as non-responsive. To be eligible for award, the SDVOSB must be considered small under the relevant NAICS Code and must be registered and verified at https://www.vip.vetbiz.gov. Companies must havethe Center for Verification and Evaluation (CVE) seal on their registration to be considered for an award; the VIP database will be checked both upon receipt of an offer and prior to award.

The Government intends to award without discussions, however; the Government reserves the right to conduct discussion if the Contracting Officer later determines them to be necessary.

Completed and signed proposals shall be submitted through the Department of Veterans Affairs - Electronic Contract Management System (eCMS) Vendor Portal website to be considered. Go to https://www.vendorportal.ecms.va.gov to register.

Please provide the following information for Solicitation 36C78619R0052.

Name of Primary Point of Contact: _________________________________________ _ Telephone #:___________________________

EMAIL: _______________________________________________________

DUNS:_____________________________________

**This procurement is a 100% competitive Set-Aside for Service Disabled Veteran Own Small Business (SDVOSB)** X 52.211-10 X

2:00 P.M. (EST)

05-16-2019 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

CLIN-0001: $__________________________________________

The Contractor shall furnish all labor, material, tools, equipment, and supervision to Construct Committal Shelter at Baltimore National Cemetery, In Accordance With (IAW) Statement of Work (SOW), Specifications, Drawings, applicable standards and requirements 36C786 Department of Veterans Affairs National Cemetery Administration

CONSTRUCTION SUPPORT DIVISION (43C2)

75 BARRETT HEIGHTS RD, STE 309

STAFFORD VA 22556

http://www.tungsten-network.com/customer -campaigns/veterans-affairs/

1-877-752-0900 Sheryl Palacio-Davis Contracting Officer

Table of Contents

A.3 CONTRACT ADMINISTRATION DATA

1. Contract Administration: All contract administration matters will be handled by the following individuals:

a. CONTRACTOR: (Mandatory Information)

1) NAME & TITLE: _________________________________

2) BUSINESS NO:_________________________

3) EMAIL:________________________________

4) DUNS NO._____________________

5) TIN:__________________

6) ADDRESS:

b. GOVERNMENT:

Sheryl Palacio-Davis (Contracting Officer) Department of Veterans Affairs National Cemetery Administration Contracting Service (43C1), Sheryl Palacio-Davis 75 Barrett Heights Road, Suite 309 Stafford, VA 22556

POC: Jimmie Hargrave (Foreman Baltimore Natl Cemetery Jimmie.Hargrave@va.gov 1-410-644-9696

POC: Shaun Blische (COR) Baltimore Natl Cemetery Shaun.Blische@va.gov 1-410-605-7000

2. CONTRACTOR REMITTANCE ADDRESS: All payments by the Government to the contractor shall be made in accordance with:

[X] 52.232-34, Payment by Electronic Funds Transfer.

3. INVOICES: Invoices shall be submitted in arrears:

Other [X] [Monthly]

4. GOVERNMENT INVOICE ADDRESS:

All invoices from the contractor shall be sent electronically by following instruction as stated at website: http://www.fsc.va.gov/einvoice.asp See VAAR clause 852.232-72 Electronic Submission of Payment Requests (NOV 2012).

5. ACQUISITION: Total (100%) Service Disabled Veteran Owned Small Business Set-Aside: This is a solicitation for construction services prepared in accordance with the format in FAR part 15 and 36. The contract will be awarded by Government to furnish those construction tasks as stated in the SOW, Specs and Drawings. The Government anticipates awarding this solicitation as a fixed-price contract.

Historical Data:

Incumbent Contractor: None

6. TYPE OF CONTRACT: This is a Firm Fixed-Price requirement contract in accordance with FAR 52.216-1 Type of Contract.

7. CONTRACT AWARD: The contract will become effective as soon as practical with no additional cost to the Government for any elapsed time from the original effective date. It is also, understood and agreed that the effective date of this contract will be contingent upon the availability of appropriated funds and in the event, appropriations are not available.

8. ACKNOWLEDGEMENT OF AMENDMENTS:

The Offeror acknowledges receipt of Amendments to the Solicitation numbered and dated as follows:

9. AUTHORITIES OF GOVERNMENT PERSONNEL: Notwithstanding the Contractors responsibility for total management during the performance of this contract, the administration of the contract will require maximum coordination between the Government and the Contractor. The Government will provide, at the time of contract award, a list of Government personnel authorized to act as the Contracting Officer's Representatives (COR). Only the Contracting Officer has the authority to make changes to the contract.

10. CONTRACTOR’S FOREMAN/SUPERVISOR: Contractor must provide an English-speaking foreman /Supervisor at all times while performing the duties of the contract. This is to ensure proper communication between the Contractor and COR.

11. SITE VISIT: See 52.236-27 for site visit information.

12. PRE-CONSTRUCTION CONFERENCE: Prior to commencement of work, Contractor shall attend a pre-construction conference to assure that all parties understand all contractual obligations and the role that each party serves.

13. FEDERAL HOLIDAYS:

Including any other day specifically declared by the President of the United States to be a national holiday.

14. LIMITATIONS ON SUBCONTRACTING – MONITORING AND COMPLIANCE:

This contract includes (VAAR) 852.219-10, VA Notice of Total Service-Disabled Veteran-Owned Small Business Set- Aside. The Contractor is advised in performing contract administration functions, the CO may use the services of a support contractor(s) retained by VA to assist in assessing the contractor’s compliance with the limitations on subcontracting or percentage of work performance requirements specified in the clause. To that end, the support contractor(s) may require access to contractor’s offices where the contractor’s business records or other proprietary data are retained and to review such business records regarding the contractor’s compliance with this requirement. All support contractors conducting this review on behalf of VA will be required to sign an “Information Protection and Non-Disclosure and Disclosure of Conflicts of Interest Agreement” to ensure the contractor’s business records or other proprietary data reviewed or obtained in the course of assisting the CO in assessing the contractor for compliance are protected to ensure information or data is not improperly disclosed or other impropriety occurs. Furthermore, if VA determines any services the support contractor(s) will perform in assessing compliance are advisory and assistance services as defined in FAR 2.101, Definitions, the support contractor(s) must also enter into an agreement with the contractor to protect proprietary information as required by FAR 9.505-4, Obtaining Access to Proprietary Information, paragraph (b). The contractor is required to cooperate fully and make available any records as may be required to enable the CO to assess the contractor’s compliance with the limitations on subcontracting or percentage of work performance requirement.

15. RELEASE OF CLAIMS:

After completion of work and prior to final payment, the Contractor shall furnish the Contracting Officer with a release of claims against the United States relation to the contract. The Release of Claims form provided by the CO shall be used for this purpose. The form provides for exception of specified claims from the operation of release. Request a copy from the CO.

[END OF ADMINISTRATION DATA]

A.4 SOW: DESCRIPTIONS/SPECIFICATION/STATEMENT OF WORK

STATEMENT OF WORK

PROJECT LOCATION: Baltimore National Cemetery

PROJECT TITLE: Construct Committal Service Shelter

PROJECT NO. 802-MM18-05

STATEMENT OF WORK SUMMARY:

Contractor shall furnish all tools, labor, materials, equipment, and professional supervision for the Construction of Committal Shelter, In Accordance With (IAW) the SOW, Specs, and Drawings, located at Baltimore National Cemetery, MD.

NOTE: Please see SOW Attachment.

A.5 PRICE/COST SCHEDULE

ITEM INFORMATION

Product Number:

Contractor shall furnish the necessary labor, tools, material, equipment and professional supervision for the Construction of Committal Shelter at the Baltimore National Cemetery IAW Specs, SOW and Drawing.

GRAND TOTAL

INSTRUCTIONS, CONDITIONS AND OTHER STATEMENTS TO BIDDERS/OFFERORS

2.1 52.216-1 TYPE OF CONTRACT (APR 1984)

The Government contemplates award of a Firm-Fixed-Price contract resulting from this solicitation.

(End of Provision)

2.2 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)

2.3 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

(End of Provision)

2.4 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)

2.5 52.236-27 SITE VISIT (CONSTRUCTION) (FEB 1995) ALTERNATE I (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) An organized site visit has been scheduled for— 06 May 2019 @10:00 A.M. (EST) at Baltimore Nalt Cem, MD.

(c) Participants will meet at— Cemetery's Lodge DIRECTIONS: Participants will —Check‐in at the Cemetery’s Lodge (first building on the right once you enter the main gate). Contractors cannot proceed past the lodge. There is limited parking in front of the lodge, otherwise the next best place is on Frederick Avenue east of the main gate and then walk into the cemetery and up to the lodge. The entire project area is located between the lodge and the main entrance.

(End of Provision)

2.6 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)

2.7 52.212-2 EVALUATION—COMMERCIAL ITEMS (OCT 2014)

EVALUATION—COMMERCIAL ITEMS (OCT 2014)

ALL PROPOSAL PREPARATION COSTS WILL BE THE SOLE RESPONSIBILITY OF THE OFFEROR. THE GOVERNMENT WILL NOT REIMBURSE ANY FIRM FOR THEIR PROPOSAL PREPARATION COSTS

The Government will award a Firm Fixed Price contract using the Lowest Priced Technically Acceptable (LPTA) approach resulting from this solicitation to the responsible offeror whose offer conforming to the solicitation will be most advantageous to the Government, price and other factors considered. Award will be made based on the lowest evaluated price of proposals meeting or exceeding the acceptability standards for non-cost factors.

This procurement is a 100% Service-Disabled Veteran-Owned Small Business (SDVOSB) Set-Aside. This procurement is being conducted as a competitive, negotiated request for Quotes (RFQ) that is to be awarded after a “Lowest Price Technically Acceptable” evaluation.

This means that only submissions from SDVOSB entities will be considered for award.

PLEASE NOTE THAT IN ORDER TO QUALIFY AS A VALID SDVOSB OFFEROR, THERE MUST BE THE REASONABLE EXPECTATION THAT 15% OR MORE OF THE PERFORMANCE ON THIS CONTRACT WILL BE PERFORMED BY SDVOSB PRIME OR SUBCONTRACTORS.

In order to qualify as a valid Service-Disabled Veteran-Owned Small Business (SDVOSB), an offeror/subcontractor must be registered with, and possess the Certified Veteran Enterprise (CVE) seal on their registration to be considered for an award. Offeror/subcontractor must be currently registered in the System for Award Management (SAM) database at www.sam.gov and have completed online Representations and Certifications as a SDVOSB under the applicable NAICS code for this project (please see SF 1442, block 10 for NAICS code and small business cutoff). Additionally, offerors must be registered with the VetBiz database at www.vetbiz.gov. Enrollment in the SAM’s (www.sam.gov) database will require the offeror to have applied for and been assigned a Duns and Bradstreet (DUNS) number. Enrollment in these databases MUST be COMPLETE by the time of representation (offer submission) or they will be considered nonresponsive and rejected without additional consideration.

Once Quotes are received, they will be evaluated for technical acceptance based on a series of “Go/No-Go” factors that will be given a pass/fail rating based on submitted deliverables. The various deliverables and pass/fail criteria are as follows:

1. Past Performance/Technical Capability – Offer must show that he has the capability, personnel, and financial resources to complete the project. Offeror need not have performed the exact type of project for the VA before, but he should provide evidence of technical competency based on similar work or the training and certifications necessary to perform the work. The Contracting Officer reserves the right to judge this factor using independently known or gathered information in addition to that provided in the technical Quote/Proposal.

a. Deliverables:

i. Resume/CV of any and all key personnel who would be involved with the project in the event of contract award. Resume MUST show prior experience of a similar type of work to that described in the RFP or clearly display that the employee has the technical certifications/capacity/abilities to complete his share of project tasks. RESUME MUST INCLUDE NAMES AND TELEPHONE NUMBERS OF REFERENCES (AT LEAST THREE) WHO CAN VALIDATE THE DETAILS OF THE RESUME. Lack of references or references who cannot be contacted after a reasonable effort by the Contracting Officer will result in a failure of this item. References who refuse to acknowledge/validate information on the resume will likewise result in a fail.

ii. Description(s) of prior projects performed similar to the work described in the RFP, or projects/items that show evidence of technical competency in the critical elements of the project as described in the RFP. Descriptions must include dollar value, key personnel/subcontractors involved, and a reference who may be contacted to verify that the project was successfully completed by the offeror. The same rules about references as those explained in item (i) apply. Offerors are encouraged to submit at least three examples, but no minimum standard will be enforced. However, deliverables MUST clearly exhibit proficiency in all necessary skills/trades/elements of performance or this item will be graded as a ‘fail.’ CONTRACTORS ARE STRONGLY ENCOURAGED TO SUBMIT WRITTEN PAST PERFORMANCE EVALUATIONS FILLED OUT BY PRIOR JOB MANAGERS/COTRS WHICH ARE SIGNED AND DATED TO FULFILL THIS DELIVERABLE REQUIREMENT. (See attached Business Management- Past Performance Questionnaire).

iii. Any and all permits, certifications, evidence of training, degrees, etc. required to prove that the prime and/or any subconsultant is fully technically/legally qualified to work on a project, system, or geographic area in necessary trades.

iv. Appropriate permits, licenses and certificates issued by the Baltimore, MD are required to perform asbestos abatement work for this specific project and evidence of such must be submitted with offers in order to be considered for award.

2. Evidence of adequate bonding

a. Deliverables:

i. A bid bond, backed by a treasury-listed surety (please see https://www.fiscal.treasury.gov/surety-bonds/circular-570.html )other acceptable proof of equity to guarantee the proposed offer and the next lowest technically acceptable price in the event that the offeror cannot offer the submitted price. Absence of a bid bond in the submitted offer will result automatically in a ‘fail’ for this item.

b. Additional Notes:

i. Performance and Payment Bonds are also required for this RFQ, but not at time of offer submission on a “Go/No-Go” basis. If performance and payment bonding is not furnished after successful negotiation and award, the contract will be terminated for default which may result in a financial claim against the offeror and will eliminate the offeror from future work the National Cemetery Administration (NCA).

3. Acceptable price formatting

a. Deliverables:

SAMPLE

Product Number:

Contractor shall furnish the necessary labor, tools, material, equipment and supervision necessary to Construct Committal Service Shelter at Baltimore National Cemetery.

GRAND TOTAL

PLEASE NOTE THAT ANY ONE ‘FAIL’ OF ANY ONE OF THESE THREE ITEMS WILL RESULT IN REJECTION OF THE OFFER WITHOUT ANY FURTHER CONSIDERATION FOR AWARD, OR ANALYSIS/NEGOTIATION OF THE OFFERED PRICE.

Following technical acceptance, the Contracting Officer will determine whether or not to establish a competitive range. Competitive range may be established due to a clear grouping of the most reasonable offers while eliminating outliers at either an extreme high or low price in regard to the established Independent Government Estimate. Competitive range may likewise be established to limit the volume of offers considered for negotiation by selecting a number of the most favorable priced offers. There will be no pre-established number of offers selected for inclusion in the competitive range, THIS WILL BE COMPLETELY AT THE DISCRETION OF THE CONTRACTING OFFICER.

Following determination of competitive range, if needed, the Contracting Officer will enter into meaningful discussions (negotiations) with all offerors remaining in consideration. This will usually consist of a written statement of the Government’s negotiating position in response to the initial offer. Discussions may take place in written, oral, or electronic format at the discretion of the Contracting Officer. Discussions may continue as long as needed to reach a determination of which price is the lowest of those offered. At the discretion of the Contracting Officer, offerors may be furnished a request for Final Quote Revisions advising them to submit their best and final offer and closing out negotiations for all offerors. The use of FPR’s will be at the discretion of the Contracting Officer and is NOT a mandatory step prior to award.

A Responsibility Determination will be made in accordance with FAR 9.1 Responsible Prospective Contractors. The Government will research information and data bases to aid in establishing contractor’s responsibility and ability to perform. The databases include, but are not limited to Experian, PPIRS, EPLS, VetBiz and SBA. If the Contracting Officer (CO) is not able to determine responsibility, a request for Certificate of Competency (COC) will be submitted to SBA.

After the above steps have taken place, the Lowest Negotiated Technically Acceptable Price (LPTA) will be selected for Award and notice will be tendered to all members of the competitive range.

“The Government reserves the right to reject all Quotes received in response to this solicitation; if doing so is in the best interest of the Government”.

2.8 VAAR 852.228-72 ASSISTING SERVICE-DISABLED VETERAN-OWNED AND VETERAN-OWNED SMALL BUSINESSES IN OBTAINING BONDS (DEC 2009) Prime contractors are encouraged to assist service-disabled veteran-owned and veteran-owned small business potential subcontractors in obtaining bonding, when required. Mentor firms are encouraged to assist protégé firms under VA's Mentor-Protégé Program in obtaining acceptable bid, payment, and performance bonds, when required, as a prime contractor under a solicitation or contract and in obtaining any required bonds under subcontracts.

(End of Clause)

2.9 52.233-2 SERVICE OF PROTEST (SEP 2006)

Protests, as defined in section 33.101 of the Federal Acquisition Regulation, that are filed directly with an agency, and copies of any protests that are filed with the Government Accountability Office (GAO), shall be served on the Contracting Officer (addressed as follows) by obtaining written and dated acknowledgment of receipt from:

Hand-Carried Address:

SHERYL PALACIO-DAVIS

NATIONAL CEMETERY ADMINISTRATION (NCA)

CONSTRUCTION SUPPORT DIVISION (43C2)

75 BARRETT HEIGHTS RD, STE 309

STAFFORD VA 22556

Mailing Address:

DEPARTMENT OF VETERANS AFFAIRS

NATIONAL CEMETERY ADMINISTRATION (NCA)

CONSTRUCTION SUPPORT DIVISION (43C2)

75 BARRETT HEIGHTS RD, STE 309

STAFFORD VA 22556

(b) The copy of any protest shall be received in the office designated above within one day of filing a protest with the GAO.

(End of Provision)

2.10 VAAR 852.233-70 PROTEST CONTENT/ALTERNATIVE DISPUTE RESOLUTION (OCT 2018)

(a) Any protest filed by an interested party shall—

(1) Include the name, address, fax number, email and telephone number of the protester;

(2) Identify the solicitation and/or contract number;

(3) Include an original signed by the protester or the protester’s representative and at least one copy;

(4) Set forth a detailed statement of the legal and factual grounds of the protest, including a description of resulting prejudice to the protester, and provide copies of relevant documents;

(5) Specifically request a ruling of the individual upon whom the protest is served;

(6) State the form of relief requested; and

(7) Provide all information establishing the timeliness of the protest.

(b) Failure to comply with the above may result in dismissal of the protest without further consideration.

(c) Bidders/offerors and Contracting Officers are encouraged to use alternative dispute resolution (ADR) procedures to resolve protests at any stage in the protest process. If ADR is used, the Department of Veterans Affairs will not furnish any documentation in an ADR proceeding beyond what is allowed by the Federal Acquisition Regulation.

(End of Provision)

2.11 VAAR 852.233-71 ALTERNATE PROTEST PROCEDURE (OCT 2018)

(a) As an alternative to filing a protest with the Contracting Officer, an interested party may file a protest by mail or electronically with: Executive Director, Office of Acquisition and Logistics, Risk Management and Compliance Service (003A2C), Department of Veterans Affairs, 810 Vermont Avenue NW, Washington, DC 20420 or Email: EDProtests@va.gov.

(b) The protest will not be considered if the interested party has a protest on the same or similar issue(s) pending with the Contracting Officer.

(End of Provision) PLEASE NOTE: The correct mailing information for filing alternate protests is as follows:

Or for solicitations issued by the Office of Construction and Facilities Management:

REPRESENTATIONS AND CERTIFICATIONS

3.1 52.204-8 ANNUAL REPRESENTATIONS AND CERTIFICATIONS (OCT 2018)

(a)(1) The North American Industry Classification System (NAICS) code for this acquisition is 237990.

(2) The small business size standard is $36.5 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, System for Award Management, is not included in this solicitation, and the Offeror has an active registration in the System for Award Management (SAM), 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 in SAM accessed through https://www.sam.gov. After reviewing the SAM 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.

3.2 52.209-13 VIOLATION OF ARMS CONTROLS TREATIES OR AGREEMENTS—CERTIFICATION (JUN 2018)

(a) This provision does not apply to acquisitions below the simplified acquisition threshold or to acquisitions of commercial items as defined at FAR 2.101.

(b) Certification. [Offeror shall check either (1) or (2).]

(1) The Offeror certifies that—

(i) It does not engage and has not engaged in any activity that contributed to or was a significant factor in the President’s or Secretary of State’s determination that a foreign country is in violation of its obligations undertaken in any arms control, nonproliferation, or disarmament…