36C78622B0002_1.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.

36C78622B0002 X 01-12-2022

885CM3011

36C786 Department of Veterans Affairs National Cemetery Administration Contracting Services 18434 Joplin Road Triangle VA 22172 Electronic Bid Submission and Opening See Section: Virtual Bid Instructions

CONDITIONS, AND OTHER STATEMENT TO

BIDDERS/OFFERORS

Flora Taylor 703-630-9359 Information on submitting bids can be found in "Virtual Bid Instructions."

The Department of Veterans Affairs, National Cemetery Administration (NCA), anticipates awarding a Firm, Fixed Priced contract, in accordance with FAR Part 14, Sealed Bidding.

The Contractor shall provide all labor, supervision, material, and equipment necessary for the Pave Roads with option to repair waterline at Fort Bayard National Cemetery 200 Camino De Paz, Fort Bayard, NM 88036 by providing General Construction in accordance with the Statement of Work (SOW), Specification and Drawings and option to Repair Water Line.

If funds are available to award both the Base Items CLIN 0001 and Option-1 CLIN 0002 the combined price of the lowest bidder will be awarded in the following priority:

1 - Base Items CLIN 0001 2- Option-1 CLIN 0002 3-Grand Total of both the base + the option.

The Option-1 must be exercised before the end of period of performance end date.

The total performance period for this project is 210 calendar days from issuance of the Notice to Proceed (NTP) Per VAAR836.204, Project Magnitude: Between Between $500,000 and $1,000,000.

This acquisition is 100% set aside for Veteran-Owned Small Businesses. Authority, 38 USC 8127(d). The North American Industry Classification System (NAICS) code is 237990 237990 - Other Heavy and Civil Engineering and Construction.

See 52.236-7 Site visits are not MANDATORY however highly recommended. They will be SELF GUIDED.

Questions shall be submitted through the Vendor Portal no later than January 21, 2022 3PM PST.

Self-guided site visits are authorized. See 52.236-27 Site Visit for site visit information.

Participants are to meet at the Ft Bayard National Cemetery Administrative Building to check in.

All correspondence must contain the following in the subject line: Solicitation Number, Project Name, Cemetery Name.

Telephone inquiries will not be accepted. Questions received after this date and time will not be accepted.

Prospective Offerors must also be registered in Vendor Information Pages (VIP) at https://www.vip.VetBiz.gov, Vets 4212 must also be registered in at https://www.dol.gov System for Award Management (SAM) at https://www.sam.gov at the time of proposal submission. Information on submitting bids can be found in the "Bid Instructions".

A 'VIRTUAL BID OPENING IS SCHEDULED ON FEBRUARY 11, 2022 AT1:00PM EST. Attendance is NOT mandatory.

X X 52.211-10 X

1PM

EST

02-11-2022 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

Offeror's shall fill out Section B1 - Price/Cost Schedule.

Base Bid (Including Bonds) $____________________ Option 1: Repair Waterline $____________________ Total: $_____________________ 36C786 Department of Veterans Affairs National Cemetery Administration Contracting Services 18434 Joplin Road Triangle VA 22172 http://www.tungsten-network.com/customer -campaigns/veterans-affairs/

1-877-752-0900 Flora Taylor

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 52.228-1 BID GUARANTEE (SEP 1996)

(a) Failure to furnish a bid guarantee in the proper form and amount, by the time set for opening of bids, may be cause for rejection of the bid.

(b) The bidder shall furnish a bid guarantee in the form of a firm commitment, e.g., bid bond supported by good and sufficient surety or sureties acceptable to the Government, postal money order, certified check, cashier's check, irrevocable letter of credit, or, under Treasury Department regulations, certain bonds or notes of the United States. The Contracting Officer will return bid guarantees, other than bid bonds—

(1) To unsuccessful bidders as soon as practicable after the opening of bids; and

(2) To the successful bidder upon execution of contractual documents and bonds (including any necessary coinsurance or reinsurance agreements), as required by the bid as accepted.

(c) The amount of the bid guarantee shall be 20 percent of the bid price or $1,000,000.00, whichever is less.

(d) If the successful bidder, upon acceptance of its bid by the Government within the period specified for acceptance, fails to execute all contractual documents or furnish executed bond(s) within 10 days after receipt of the forms by the bidder, the Contracting Officer may terminate the contract for default.

(e) In the event the contract is terminated for default, the bidder is liable for any cost of acquiring the work that exceeds the amount of its bid, and the bid guarantee is available to offset the difference.

(End of Provision)

2.6 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:

Flora Taylor Contracting Officer Kellyann Bruno Contracting Officer Hand-Carried Address:

National Cemetery Administration Contracting Service Department

18434 Joplin Rd Triangle VA 22172 Mailing Address:

National Cemetery Administration Contracting Service Department 18434 Joplin Rd

Triangle VA 22172

(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)

2.7 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: Mr. Victor Vasquez-Director Address: Self Guided site visit, but RSVP with Director for access.

victor.vasquez2@va.gov 505-988-6400

Telephone: 915-208-5703 (End of Provision)

2.8 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)

PRICE SCHEDULE

Furnish all labor, material, equipment, and supervision required to Pave the Roads at Ft Bayard National Cemetery- Option to Repair the Waterline Between the Ft Bayard Water Tank Farm and the Cemetery.

Pave Roads: Provide a dust-free, erosion-free driving surface for approximately 14,100 SY of cemetery roads and parking areas. Adequately manage storm water runoff, especially during “Monsoon Season” 15 Jun-30 Sep

Base Bid (Clin 0001, Base Bid):

Pave Roads: Provide a dust-free, erosion-free driving surface for approximately 14,100 SY of cemetery roads and parking areas. Adequately manage storm water runoff, especially during “Monsoon Season” 15 Jun-30 Sep

BASE BID

Evaluation of Options:

It is anticipated that any contract awarded from this solicitation will contain option provision(s) and period(s).

In accordance with FAR Clause 52.217-5, Evaluation of Options, (July 1990), the Government will evaluate offers for award purposes by adding the total price for all options to the total price for the basic requirement, except when it is determined in accordance with FAR 17.206(b) not to be in the Government's best interests.

Evaluation of options will not obligate the Government to exercise the option(s).

At the time of bid opening the Contracting Officer will review the aggregate total and award as many options as funding is currently available. After award the Government reserves the right to exercise any of the remaining the options that were not exercised at time of award. Those options may be exercised within the bid acceptance period at the offers bid price. This may or may not require a no cost time extension from the original notice to proceed date.

NOTE: The drawings currently read OPTION 1, in this solicitation the Government will only use the “Options” as a means of submitting an offer.

BID OPENING INSTRUCTIONS PAGE

SOLICITATION BID INSTRUCTIONS:

BID INSTRUCTIONS

1. Gender: Whenever the masculine gender is used in this solicitation and contract documents, it shall be considered to include feminine.

2. Amendments: Amendments to Solicitation will be posted at https://beta.sam.gov/search?index=opp. Paper copies of the amendments will NOT be individually mailed. Register to the receive email notifications list at https://beta.sam.gov/search?index=opp, and potential bidders will be notified by e-mail of any new amendments that have been issued and posted. No other notification of amendments will be provided. Potential bidders are advised that they are responsible for obtaining and acknowledging any amendments to the solicitation. Failure to acknowledge an amendment may result in your bid being considered non-responsive.

3. Bid Submission:

a. All bids shall be submitted electronically. All Interested Offerors must be registered with the Department of Veterans Affairs eCMS Vendor Portal at https://www.vendorportal.ecms.va.gov. Offerors who require registration shall proceed to the Vendor Portal’s Login section and shall click on Request a user account to register. In the event an Offeror is unable to submit a proposal through the vendor portal domain, prior to the proposal closing date, contact the VAAS helpdesk at 1-877-634-3739, or via email at VA.Acquisition.Systems@va.gov. DO NOT wait until the last day to upload bid documents. Offerors are highly encouraged to submit bid packages 2-3 days in advance to avoid system lock outs.

b. If an Offeror is still having difficulties in submitting a quote via the Vendor Portal the Contracting Officer may accept an Offeror’s quote via email under the following circumstances:

Quotes submitted via email without set requirements will not be accepted and will be considered to be nonresponsive. Late or incomplete Quotes will also be considered to be nonresponsive.

c. Bid package shall be submitted via the Vendor Portal. Late or incomplete Proposals will also be considered nonresponsive. Offers are NOT authorized to submit bid packages by US mail; CD versions; Fax; or Email, (Unless portal difficulties have been proven as noted above than email may be permitted by the CO prior to the bid opening time).

d. Document naming convention. S00_Bid $_(Company Name)_(Solicitation Number) EXAMPLE: S00_Bid $1,000,000.00_ABC Company_36C78620B0000

e. Bid package shall be One (1) PDF document combining the following minimum required documents:

· Company cover letter with Solicitation number, POC name, phone number, email address, and DUNS number;

· Completed front and back blocks 14-20 of the SF 1442 and signed block 20b ;

· Completed schedule B pricing for each CLIN and grand total;

· Completed IFB Contractor Cost Estimate Worksheet;

· Complete and signed SF30 Amendments;

· Scanned digital copy of the bid bond. (Ensure to lightly darken all raised seals)

A virtual public bid opening will occur by phone conference. Once the offeror has submitted their Bid into the eCMS Vendor Portal, please RSVP by email to flora.taylor@va.gov with a list of participates noting:

Full Name, Company Represented, Phone Number, and Email of those you wish to be on the call.

Join Microsoft Teams Meeting +1 872-701-0185 - - - 948532769# Phone Conference ID: 948 532 769#

REQUESTS FOR INFORMATION

Requests for information or clarifications to solicitation documents shall be submitted through the Vendor Portal. Last day for request for information (RFI) is January 21, 2022. Eastern Time. Request after the deadline date and time will not be ACCEPTED.

Construction Statement of Work, Period of Performance & Bid Schedule

Pave Roads, Ft Bayard National Cemetery 885CM3011;

with Option to Repair Waterline

1.0 WORK SUMMARY: Furnish all labor, material, equipment and supervision required to Pave the Roads at Ft Bayard National Cemetery IAW the Bid Plans and Specifications. This project also includes an “Add/Alter” Option to Repair the Waterline Between the Ft Bayard Water Tank Farm and the Cemetery.

2.0 PROJECT GOALS:

A) Base Project, Pave Roads: Provide a dust-free, erosion-free driving surface for approximately 14,100 SY of cemetery roads and parking areas. Adequately manage storm water runoff, especially during “Monsoon Season” 15 Jun-30 Sep

B) Option 1: Replace approximately 775 LF of 4” above-ground water supply line from the Ft Bayard water tank connection to the cemetery for potable water and irrigation; install new 6” waterline underground.

3.0 MAJOR WORK TASKS, Pave Roads

3.1 Pave existing decomposed granite roads and parking areas with asphalt concrete. Stripe the Admin Bldg and Committal Shelter parking areas. Install NCA-standard traffic regulatory signs and street name signs.

3.2 Repair site storm drain system: 1) Clean out debris and sediment from 5 outfalls on the perimeter of the cemetery and install riprap for stabilization; 2) Clean out debris and sediment from 2 trench drain structures on the north side and align structures with new asphalt for proper drainage; 3) Divert damaging stormwater “flume” along Roosevelt Drive – install new roll curb and storm drain structures, tie into existing storm drain system; 4) Re-align tops of existing storm drain inlets in conjunction with the paving work to allow proper collection; and 5) Install dry wells at the eastern side of the property to collect and dissipate storm water entering from outside the cemetery.

4.0 MAJOR WORK TASKS, Repair Waterline:

4.1 Remove and dispose of 4” HDPE waterline running above ground between the Ft Bayard tank farm and the cemetery. Install 6” underground waterline to a minimum depth of 3’ within the VA easement boundary.

5.0 PROJECT TIMELINE & PHASING: Total Construction time is 7 months, 210 calendar days

5.1 Operational Considerations: The contractor shall not unnecessarily disturb cemetery interments or cemetery visitors with noise or construction activity. The contractor is expected to coordinate work with the on-site Cemetery Manager as often as needed to deconflict construction and interments. Cemetery visitation hours are daily Sunrise – Sunset.

6.0 PROJECT LOCATION: Ft Bayard National Cemetery is located at 200 Camino De Paz, Fort Bayard, NM, 88036. The Cemetery is 2.5 hours NW of El Paso and 5 hours South of Santa Fe.

1. Contract Administration:

All contract administration matters will be handled by the following individuals:

a. CONTRACTOR: TBD

b. GOVERNMENT:

Contracting Officer: Flora Taylor Phone: 703-630-9359 Email: flora.taylor@va.gov Contracting Officer Representative: TBD

2. CONTRACTOR REMITTANCE ADDRESS: All payments by the Government to the contractor shall be made in accordance with 52.232-34, Payment by Electronic Funds Transfer.

3. INVOICES: Invoices shall be submitted in arrears 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%) Veteran Owned Small Business Set-Aside: This is a solicitation for construction and commercial services prepared in accordance with the format in FAR part 36 and FAR Part 14. The contract will be awarded by the Government to furnish those service and construction tasks as stated in the SOW, Specifications, Drawings and any other solicitation attachments. The Government anticipates awarding this solicitation as a fixed-price contract.

Historical Data: None Incumbent Contractor: None

6. TYPE OF CONTRACT: This is a 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. 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.

9. CONTRACTOR’S FOREMAN/SUPERVISOR: Contractor must provide an English-speaking Superintendent and Project Manager at all times while performing the duties of the contract. This is to ensure proper communication between the Contractor, CO, COR, and Government Inspector. Both the Superintendent and Project Manager shall be delegated in writing that details the role, responsibilities, and signature authority for binding the company.

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

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

12. FEDERAL HOLIDAYS:

January New Year’s Day, Martin Luther King’s Birthday February President’s Day May Memorial Day June Juneteenth Day July Independence Day September Labor Day October Columbus Day November Veterans Day, Thanksgiving Day December Christmas Day Including any other day specifically declared by the President of the United States to be a national holiday.

13. 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.

14. 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.

15. NOTICE TO CONTRACTORS - CONTRACTOR PERFORMANCE ASSESSMENT REPORTING SYSTEM:

a. FAR 42.1502 directs all Federal agencies to collect past performance information on contracts. The Department of the Interior (DOI) has implemented the Contractor Performance Assessment Reporting System (CPARS) to comply with this regulation. One or more past performance evaluations will be conducted in order to record your contract performance as required by FAR 42.15.

b. The past performance evaluation process is a totally paperless process using CPARS. CPARS is a web-based system that allows for electronic processing of the performance evaluation report. Once the report is processed, it is available in the Past Performance Information Retrieval System (PPIRS) for Government use in evaluating past performance as part of a source selection action.

c. We request that you furnish the Contracting Officer (CO) with the name, position title, phone number, and email address for each person designated to have access to your firm's past performance evaluation(s) for the contract no later than 30 days after award. Each person granted access will have the ability to provide comments in the Contractor portion of the report and state whether or not the Contractor agrees with the evaluation, before returning the report to the Assessing Official (AO). Information in the report must be protected as source selection sensitive information not releasable to the public.

d. When your Contractor Representative(s) are registered in CPARS, they will receive an automatically generated email with detailed login instructions. Further details, systems requirements, and training information for CPARS is available at https://www.cpars.gov/.

e. Within 60 days after the end of a performance period, the AO will complete an interim or final past performance evaluation, and the report will be accessible at https://www.cpars.gov/.

1. Contractor Representatives may then provide comments in response to the evaluation or return the evaluation without comment.

2. Your comments should focus on objective facts in the AO's narrative and should provide your views on the causes and ramifications of the assessed performance.

3. All information provided should be reviewed for accuracy prior to submission.

4. If you elect not to provide comments, please acknowledge receipt of the evaluation by indicating "No comment" in the space provided, and then selecting “Accept the Ratings and Close the Evaluation”.

5. Your response is due within 60 calendar days after receipt of the CPAR. On day 15, the evaluation will become available in PPIRS-RC marked as “Pending” with or without comments and whether or not it has been closed.

6. If you do not sign and submit the CPAR within 60 days, it will automatically be returned to the Government and will be annotated: "The report was delivered/received by the contractor on (date). The contractor neither signed nor offered comment in response to this assessment."

f. The following guidelines apply concerning your use of the past performance evaluation:

1. Protect the evaluation as source selection information. After review, transmit the evaluation by completing and submitting the form through CPARS. If for some reason you are unable to view and/or submit the form through CPARS, contact the CO for instructions. Strictly control access to the evaluation within your organization. Ensure the evaluation is never released to persons or entities outside of your control.

2. Prohibit the use of or reference to evaluation data for advertising, promotional material, pre-award surveys, responsibility determinations, production readiness reviews, or other similar purposes.

g. If you wish to discuss a past performance evaluation, you should request a meeting in writing to the CO no later than seven days following your receipt of the evaluation. The meeting will be held in person or via telephone or other means during your 60-day review period.

h. A copy of the completed past performance evaluation will be available in CPARS for your viewing and for Government use supporting source selection actions after it has been finalized.

(End of Administration Data) See attached document: S02_Attachment- _IFB Contractor Price Estimate Worksheet.

RULES OF BEHAVIOR

1. Smoking is prohibited within any building at the National Cemetery Administration facilities. Smoking is permitted outside of the building, at least 10 feet away from the entrance of the building. Smokers should obey any “NO SMOKING” signs posted on the cemetery property. Cigarette butts should not be disposed of on the grounds. All cigarette butts must be properly extinguished and disposed of in trash receptacles.

2. The playing of radios, cassette recorders, etc., is prohibited on site or in buildings. The contractor’s work force is governed by the same rules governing cemetery employees. Rowdy and disruptive behavior will not be tolerated. All individuals failing to comply will be removed from the site. Sexual harassment will not be tolerated and the offending individual(s) will be removed from the site.

3. The Contractor will confine all construction activities within the limits of work shown on the request for proposal documents, unless written authorization is obtained from the COR. The Contractor shall not enter, or occupy, any existing structures within the cemetery property.

4. While on site at the National Cemetery, contractor personnel shall be required to adhere to the following standards of dress and conduct while performing work in the National Cemetery. These standards and regulations are enforceable under Title 38, U.S.C., Section 218.

5. National Cemeteries are national shrines; contractor personnel appearance and conduct shall be professional and unobtrusive at all times. Shirts and full length pants must be worn at all times.

6. Contractor personnel shall not sleep on cemetery grounds, sit or stand on installed grave markers, or put, place or lean equipment or materials on grave markers.

7. Contractor personnel shall not put or place equipment or materials on grave sites.

8. Questions from cemetery visitors shall be politely referred or directed to cemetery personnel.

9. Ensure that all employees behave with appropriate decorum, courtesy, and respect while within the cemetery or at its perimeter or entrances. Shouting, cursing, angry outbursts, sleeping, intoxication, unsafe driving of private or company vehicles, and violence or criminal acts of any kind will not be tolerated and is cause for immediate removal from the cemetery.

10. The contractor and contractor’s employees will not fuel equipment in grass/turf areas. Damage from petroleum-based products will damage the grass/turf. Contractor shall bear all costs associated with removing any contaminated soil as a result of fueling in turf areas and will sod the area.

11. The Contractor shall ensure that no contract work causes any funeral, ceremony, procession or visitation to be delayed, altered, or otherwise impacted in such a way that the dignity, serenity or security of the event is compromised.

FAR Deviation Clause

Executive Order 14042, Ensuring Adequate COVID Safety Protocols for Federal Contractors

September 30, 2021

PART 52—SOLICITATION PROVISIONS AND CONTRACT CLAUSES

Subpart 52.2—Text of Provisions and Clauses [52.223-99 Ensuring Adequate COVID-19 Safety Protocols for Federal Contractors.

ENSURING ADEQUATE COVID-19 SAFETY PROTOCOLS FOR FEDERAL

CONTRACTORS (OCT 2021) (DEVIATION)

(a) Definition. As used in this clause – United States or its outlying areas means—

(1) The fifty States;

(2) The District of Columbia;

(3) The commonwealths of Puerto Rico and the Northern Mariana Islands;

(4) The territories of American Samoa, Guam, and the United States Virgin Islands; and

(5) The minor outlying islands of Baker Island, Howland Island, Jarvis Island, Johnston Atoll, Kingman Reef, Midway Islands, Navassa Island, Palmyra Atoll, and Wake Atoll.

(b) Authority. This clause implements Executive Order 14042, Ensuring Adequate COVID Safety Protocols for Federal Contractors, dated September 9, 2021 (published in the Federal Register on September 14, 2021, 86 FR 50985).

(c) Compliance. The Contractor shall comply with all guidance, including guidance conveyed through Frequently Asked Questions, as amended during the performance of this contract, for contractor workplace locations published by the Safer Federal Workforce Task Force (Task Force Guidance) at https:/www.saferfederalworkforce.gov/contractors/.

(d) Subcontracts. The Contractor shall include the substance of this clause, including this paragraph (d), in subcontracts at any tier that exceed the simplified acquisition threshold, as defined in Federal Acquisition Regulation 2.101 on the date of subcontract award, and are for services, including construction, performed in whole or in part within the United States or its outlying areas.

(End of clause)]

DIGNITY STANDARDS

1. 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 those 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.

a. Contractors cannot walk, stand, lean, sit or jump on headstones or markers. Nor can they drive over them. Contractor personnel should use tools approved by the Contracting Officer Representative (COR), such as shovels, pry bars or pinch bars to lift flat markers out of the ground; pick axes are not an acceptable tool.

b. No tools, equipment or other items will be placed or leaned on headstones or markers. Once headstones/markers are removed from the socket, do not place on dirt piles or mud; they should be carefully placed on each associated gravesite and protected in such a way as to prevent any soiling and be out of the way of any other work.

c. Headstones shall be removed from their sockets using wooden and/or metal clamps. If metal clamps are used, the area that contacts the headstone must be protected with a rigid fabric that will prevent damage to and marking of the headstone. Clamps may be attached to a skid steer loader (i.e., Bobcat®) or similar machine to extract the headstone from the socket. When headstones are removed from their sockets, they shall be carefully stored on each associated gravesite; do not lean headstones against each other. Use care not to scratch or damage headstones in any manner. The headstones shall be laid with front inscription side up while the headstone is lying horizontally on the ground. The headstone shall be protected from direct ground contact while lying horizontally. The protection method shall be as approved by the COR and shall be free of deterioration in weather. An approved method is to support each headstone with two wood 4X4’s. Alternate methods can be approved. Cardboard shall not be used. Wood or other suitable appropriate and attractive material shall be used to keep the headstones from contact with the soil while lying horizontally during the construction period. This also shows respect towards the families visiting the gravesites and the remains that are buried.

d. Contractor shall be responsible for replacing damaged headstones and markers and for restoring turf damaged during performance of this work.

e. Additionally, should any activity result in the exposure and/or damage to any remains, container for remains (i.e., casket or urn), or outer burial container, the Contractor must contact the COR, Director/Assistant Director, and Contracting Officer (CO) for guidance.

1. Any doubts as to proper procedures shall be brought to the attention of the COR, Director/Assistant Director, and CO for guidance or resolution.

1. The Contractor is required to discuss the guidance with their employees and have each employee sign a statement of compliance and deliver the signed statement to the COR before work may begin.

2.9 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)

2.10 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 (MAR 2020) (JUL 2020) (DEVIATION) (a)(1) The North American Industry Classification System (NAICS) code for this acquisition is 238990.

(2) The small business size standard is $16.5 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) 52.204-26, Covered Telecommunications Equipment or Services—Representation. This provision applies to all solicitations.

(vii) 52.209-2, Prohibition on Contracting with Inverted Domestic Corporations—Representation.

(viii) 52.209-5, Certification Regarding Responsibility Matters. This provision applies to solicitations where the contract…