36C78623B0027.docx

36C78623B0027

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.

36C78623B0027 X 06-14-2023

TBD

"NA"

815-NRM23-04

36C786 Department of Veterans Affairs National Cemetery Administration Contracting Services 18434 Joplin Road Triangle VA 22172 Invitation for BID (IFB) Electronic Bid Opening, See Section: INSTRUCTIONS

CONDITIONS, AND OTHER STATEMENT TO

BIDDERS/OFFERORS

SHERYL PALACIO-DAVIS

1-703-630-9343 Cypress Hills Nalt Cem | The Department of Veterans Affairs, Natl Cem Adm. (NCA), anticipates Awarding a Firm, Fixed Price Contract; In Accordance With FAR Part 14, Sealed Bidding; for Cypress Hills National Cemetery, under Project No.

No. 815-NRM23-04.

The Construction Contractor shall provide labor, material, tools, equipment, and professional supervision required for the Construction of Electrical Service Improvements; In Accordance With (IAW) the Solicitation Plans, Statement of Work, Specifications and per Construction Documents for this project, located at the Cypress Hills National Cemetery, NY.

This is a 100% Set-Aside for Small Business (SB), In Accordance With (IAW) with FAR 19.502.2.

In order to be considered for award, the contractor shall be CVE-Verified as a Small Business (SB) vendor in https://www.vip.vetbiz.va.gov by the date and time specified for receipt of IFB (BID). Only verified SB firms are to submit a BID or receive an Award of a VA Contract that is 100% Set-Aside for Small Business (SB) In Accordance with In Accordance with FAR 19.502.2. Small Business must be verified for ownership and control and listed in the Vendor Vendor Information Pages @ https://www.VIP.vetbiz.gov prior to due date for BID & pending Award. See Pre-Sol Notice...

NOTE: Bidders MUST complete below information, failure to fill out required Fill-Ins may result in your BID submission being determined Non-Responsive and or Unacceptable and your BID may be removed for further consideration.

DUNS NO. _________________________ | UEI NO. ___________________________ | TAX ID NO.____________________

E-MAIL:_______________________________________ | PHONE#________________________

An organized Site Visit is scheduled for 29 June, 2023 @ 11:00 A.M. (EST) in the Admin Bldg. at Cypress Hills Natl Cem.

625 Jamaica Avenue Brooklyn, NY 11208. Please See clause 52.236-27 for Site-Visit information.

Questions shall be submitted to sheryl.palacio-davis@va.gov, NLT, 13 July 2023 at 4:00 P.M. (EST), after the Site-Visit.

Email subject line must contain line must contain the following in the subject line: Solicitation Number, Proj. Name & Project No. Questions received after 13 July , 2023 WILL NOT be WILL NOT be accepted. Telephone inquiries are Not accepted during the Solicitation phases. Answers will be posted through an Amendment to the Solicitation.

1.) BID's DUE DATE & TIME:

31 July 2023 @ 13:00 (1:0 P.M.)EST.

Electronic Bids received after 1:00 PM (EST) WILL NOT Be Accepted.

2.) The Period of Performance (POP) is One Hundred and Eighty (180) Calendar Days from the date of receipt of the NTP.

3.) The North American Industry Classification System (NAICS) Codes: 238210 | Bus. Size Standard: $19.M 4.) This Procurement is being conducted as 100% Set-Aside for Small Business (SB), and will be Awarded to a Responsible Verified Small Business.

5.) MAGNITUDE OF CONSTRUCTION: PURSUANT TO FAR 36.204 & PER VAAR 836.204.

MAGNITUDE OF CONSTRUCTION RANGE IS BETWEEN IS BETWEEN $100,000.00 AND $215,000.00.

Contract Award will be made to the responsible Bidder whose BID, conforming to the Invitation, will be most advantageous to the Government, considering only Price and Price-Rated Factors included in the Invitation.

Unless otherwise noted, all references to "day(s)" throughout the solicitation documents shall be Calendar Days.

***THIS PROCUREMENT IS A COMPETITIVE 100% SET-ASIDE FOR SMALL BUSINESS (SB)***

X 52.211-10 X 13:00

EDT

07-31-2023 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

BIDDERS' SHALL FILL OUT SECTION A.4 PRICE/COST SCHEDULE

{CONSTRUCTION OF ELECTRICAL SERVICE IMPROVEMENTS}.

BASE BID | CLIN 0001 $______________________

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 Sheryl Palacio-Davis Contracting Officer (CO)

TABLE OF CONTENTS

A.3 IFB SOLICITATION DESCRIPTION FOR CYPRESS HILLS NATIONAL CEMETERY

PROJECT LOCATION:

CYPRESS HILLS NATIONAL CEMETERY

625 Jamaica Avenue Brooklyn, NY 11208

PROJECT TITLE: Construction of Electrical Service Improvements.

PROJECT NO. 815-NRM23-04

STATEMENT OF WORK SUMMARY:

Contractor shall furnish all tools, labor, materials, equipment, and professional supervision to perform work described in the Statement of Work (SOW), Specification & Drawings, for the Construction of Electrical Service Improvements, located at the Cypress Hills National Cemetery, (Kings County) in the State of New York.

A.4 PRICE/COST SCHEDULE

Contractor shall provide all labor, tools, materials, equipment, services, testing. submittals, approvals, and professional supervision related work for the Construction of the Electrical Service Improvements, Under Projection No. 815-NRM23-04, Base Contract, located at the Cypress Hills National Cemetery. The work Shall be completed In Accordance With (IAW) the Statement of Work (SOW), Specifications, and Drawings.

ITEM INFORMATION

BASE BID: CONSTRUCTION OF THE ELECTRICAL SERVICE IMPROVEMENTS

JB

TOTAL BASE BID / CLINS 0001

TOTAL PRICE WRITTEN:

A.5 SBA ACT 8(d)(13)(B)

(B) NOTICE. —

(i) IN GENERAL.—A Prime Contractor for a covered contract shall notify in writing the Contracting Officer for the covered contract if the Prime Contractor pays a reduced price to a Subcontractor for goods and services upon completion of the responsibilities of the Subcontractor or the payment to a Subcontractor is more than 90 days past due for goods or services provided for the covered contract for which the Federal agency has paid the Prime Contractor.

(ii) CONTENTS. —A Prime Contractor shall include the reason for the reduction in a payment to or failure to pay a Subcontractor in any notice made under clause (i).

A.6 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.

Page 1 of

INFORMATION REGARDING BIDDING MATERIAL, BID GUARANTEE, BONDS & VIRTUAL BID INSTRUCTIONS:

· INFORMATION REGARDING:

· AMENDMENTS

· BIDDING MATERIAL |BID GUARANTEE |BONDS

· VIRTUAL BID INSTRUCTIONS

1. CEMETERY: CYPRESS HILLS NATIONAL CEMETERY

2. BID DUE DATE & TIME: 31 JULY 2023 @ 13:00 (1:00 P.M.) EST.

3. VITRUAL BID OPENING: COMMENCE/START @ 1:30 P.M. EST; ON 31 JULY 2023.

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

5. 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.

6. BID SUBMISSION:

1. 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. Please 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.

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

1. Offeror must provide evidence that an email discussions or verbal discussion with the VAAS helpdesk could not resolve registration issues.

1. Bid submitted must meet the time constraints as set forth in the solicitation.

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

1. BID package shall be submitted via the Vendor Portal. Late or incomplete BIDs will also be considered to be 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 submission may be permitted by the CO prior to the bid opening time).

1. Document naming convention. S00_Bid $_ (Company Name) _(Solicitation Number)

1. EXAMPLE: S00_Bid $1,000,000.00_ABC Company_36C78623B0027

1. BID package shall be One (1) PDF document combining the following minimum required documents in the following order:

· 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 Price Cost Schedule “A4” Pricing for each CLIN and grand total.

· Completed Attachment of the IFB Contractor Cost Estimate Worksheet.

· Complete and signed SF30 Amendments.

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

7. VIRTUAL BID INSTRUCTIONS

A VIRTUAL PUBLIC BID OPENING: Will occur by phone conference on BID Opening, Date, 31 July 2023 @ 13:30 (1:30 P.M.) EST, specified within this Solicitation. Once the offeror has submitted their BID into the eCMS Vendor Portal, please RSVP by email to sheryl.palacio-davis@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.

MICROSOFT TEAMS MEETING | 31 JULY 2023 @ 1330 (EST)

Join on your computer, mobile app or room device Click here to join the meeting Meeting ID: 240 022 127 837 Passcode: RZVcxh

Please Call in (audio only) +1 872-701-0185, 627460390# United States, Chicago

PHONE CONFERENCE ID: 627 460 390#

NOTE: Virtual BID Opening for Cypress National Cemetery (CONSTRUCTION OF ELECTRICAL SERVICE IMPROVEMENTS); Project No. 815-NRM23-04 will Commence/Start at 1:30 P.M. (EST). The 1330 (1:30 P.M. - EST) time will allow the Contracting Officer (CO) to download BIDS ABSTRASCT in a timely manner and for a smoother BID Opening process in this Virtual setting.

INSTRUCTIONS, CONDITIONS AND OTHER STATEMENTS TO BIDDERS/OFFERORS

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

1. AMENDMENTS: Amendments to Solicitation will be posted at https://sam.gov/search?index=opp. Paper copies of the amendments will NOT be individually mailed. Register to the receive email notifications list at https://sam.gov/search?index=opp, and potential Offerors 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 Offerors are advised that they are responsible for obtaining and acknowledging any amendments to the solicitation. Failure to acknowledge an amendment may result in your offer being considered Non-Responsive.

1. OFFEROR SUBMISSION:

b) All Proposals 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. Please DO NOT wait until the last day to upload Proposal Documents. Bidders are highly encouraged to submit Proposal packages 2-3 days in advance to avoid system lock outs.

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

3. Offeror must provide evidence that an email discussions or verbal discussion with the VAAS helpdesk could not resolve registration issues.

4. Proposal submitted must meet the time constraints as set forth in the solicitation.

5. Proposals submitted via email without set requirements will not be accepted and will be considered to be Non-Responsive. Late or incomplete Proposals will also be considered to be Non-Responsive.

d.) Proposal package shall be submitted via the Vendor Portal. Late or incomplete Proposals will also be considered to be Non-Responsive. Offers are NOT authorized to submit Bids packages by US mail; CD versions; Fax; or Email, (Unless portal difficulties have been proven as noted above than email submission may be permitted by the CO prior to the Bid Opening’s Due Date and Time).

e.) Document naming convention. S00_Proposal $_ (Company Name) – (Solicitation Number)

i. EXAMPLE: S00_Proposal $1,000,000.00_ABC Company_36C78623B0027 f.) Proposal package shall be One (1) PDF document combining the following minimum required documents in the following order:

· 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 Pricing {A.4 PRICE/COST SCHEDULE} for each CLIN and grand total.

· Completed S02_Attachment-16 _Proposal Contractor Cost Estimate Worksheet.

· Complete and signed SF30 Amendments.

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

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 52.225-10 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)

2.3 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. Cypress Hills National Cemetery is a Satellite National Cemetery. Cypress Hills National Cemetery is an open Cemetery. Access to the Cemetery may be controlled, please coordinate with POC (Cemetery Director and or Assistance Director) prior to Site Vise Date and Time.

Contact information listed below:

(b) An organized site visit has been scheduled for 29 JUNE 2023 @ 11:00 A.M. (EST).

(c) Participants will meet at Cypress Hills National Cemetery’s Admin Bldg.

· POC: Jeffrey Taveras (Cemetery Director for Long Island Natl Cem) 1-631-454-4949 Email: Jeffrey.Taveras@va.gov

· POC: Mr. Paul White (Assistant Director for Long Island Natl Cem) Business/Work: 1-631-454-4949 Email: paul.white3@va.gov

2.4 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):

https://www.acquisition.gov/browse/index/far https://www.va.gov/oal/library/vaar/

(End of Provision)

REPRESENTATIONS AND CERTIFICATIONS

3.1 52.204-8 ANNUAL REPRESENTATIONS AND CERTIFICATIONS (MAR 2023)

(a)(1) The North American Industry Classification System (NAICS) code for this acquisition is 238210.

(2) The small business size standard is $16.5 Million.

(3) The small business size standard for a concern that submits an offer, other than on a construction or service acquisition, but proposes to furnish an end item that it did not itself manufacture, process, or produce is 500 employees, or 150 employees for information technology value-added resellers under NAICS code 541519, if the acquisition—

(i) Is set aside for small business and has a value above the simplified acquisition threshold;

(ii) Uses the HUBZone price evaluation preference regardless of dollar value, unless the offeror waives the price evaluation preference; or

(iii) Is an 8(a), HUBZone, service-disabled veteran-owned, economically disadvantaged women-owned, or women-owned small business set-aside or sole-source award regardless of dollar value.

(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 value is expected to exceed the simplified acquisition threshold.

(ix) 52.209-11, Representation by Corporations Regarding Delinquent Tax Liability or a Felony Conviction under any Federal Law. This provision applies to all solicitations.

(x) 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.

(xi) 52.215-6, Place of Performance. This provision applies to solicitations unless the place of performance is specified by the Government.

(xii) 52.219-1, Small Business Program Representations (Basic, Alternates I, and II). This provision applies to solicitations when the contract is for supplies to be delivered or services to be performed in the United States or its outlying areas, or when the contracting officer has applied part 19 in accordance with 19.000(b)(1)(ii).

(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.

(C) The provision with its Alternate II applies to solicitations that will result in a multiple-award contract with more than one NAICS code assigned.

(xiii) 52.219-2, Equal Low Bids. This provision applies to solicitations when contracting by sealed bidding and the contract is for supplies to be delivered or services to be performed in the United States or its outlying areas, or when the contracting officer has applied part 19 in accordance with 19.000(b)(1)(ii).

(xiv) 52.222-22, Previous Contracts and Compliance Reports. This provision applies to solicitations that include the clause at 52.222-26, Equal Opportunity.

(xv) 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.

(xvi) 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 products or commercial services.

(xvii) 52.223-1, Biobased Product Certification. This provision applies to solicitations that require the delivery or specify the use of USDA-designated items; or include the clause at 52.223-2, Affirmative Procurement of Biobased Products Under Service and Construction Contracts.

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

(xix) 52.223-22, Public Disclosure of Greenhouse Gas Emissions and Reduction Goals--Representation. This provision applies to solicitations that include the clause at 52.204-7.)

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

(xxi) 52.225-4, Buy American—Free Trade Agreements—Israeli Trade Act Certificate. (Basic, Alternates II and III.) This provision applies to solicitations containing the clause at 52.225-3.

(A) If the acquisition value is less than $50,000, the basic provision applies.

(B) If the acquisition value is $50,000 or more but is less than $92,319, the provision with its Alternate II applies.

(C) If the acquisition value is $92,319 or more but is less than $100,000, the provision with its Alternate III applies.

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

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

(xxiv) 52.225-25, Prohibition on Contracting with Entities Engaging in Certain Activities or Transactions Relating to Iran—Representation and Certifications. This provision applies to all solicitations.

(xxv) 52.226-2, Historically Black College or University and Minority Institution Representation. This provision applies to solicitations for research, studies, supplies, or services of the type normally acquired from higher educational institutions.

(A) Solicitations for research, studies, supplies, or services of the type normally acquired from higher educational institutions; and

(B) For DoD, NASA, and Coast Guard acquisitions, solicitations that contain the clause at 52.219-23, Notice of Price Evaluation Adjustment for Small Disadvantaged Business Concerns.

(2) The following representations or certifications are applicable as indicated by the Contracting Officer:

[X](i) 52.204-17, Ownership or Control of Offeror.

[X](ii) 52.204-20, Predecessor of Offeror.

[](iii) 52.222-18, Certification Regarding Knowledge of Child Labor for Listed End Products.

[](iv) 52.222-48, Exemption from Application of the Service Contract Labor Standards to Contracts for Maintenance, Calibration, or Repair of Certain Equipment—Certification.

[](v) 52.222-52, Exemption from Application of the Service Contract Labor Standards to Contracts for Certain Services—Certification.

[](vi) 52.223-9, with its Alternate I, Estimate of Percentage of Recovered Material Content for EPA-Designated Products (Alternate I only).

[](vii) 52.227-6, Royalty Information.

[](A) Basic.

[](B) Alternate I.

[](viii) 52.227-15, Representation of Limited Rights Data and Restricted Computer Software.

(d) The Offeror has completed the annual representations and certifications electronically 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 52.204-24 REPRESENTATION REGARDING CERTAIN TELECOMMUNICATIONS AND VIDEO SURVEILLANCE SERVICES OR EQUIPMENT (NOV 2021) The Offeror shall not complete the representation at paragraph (d)(1) of this provision if the Offeror has represented that it ‘‘does not provide covered telecommunications equipment or services as a part of its offered products or services to the Government in the performance of any contract, subcontract, or other contractual instrument’’ in paragraph (c)(1) in the provision at 52.204–26, Covered Telecommunications Equipment or Services—Representation, or in paragraph (v)(2)(i) of the provision at 52.212–3, Offeror Representations and Certifications–Commercial Products and Commercial Services. The Offeror shall not complete the representation in paragraph (d)(2) of this provision if the Offeror has represented that it ‘‘does not use covered telecommunications equipment or services, or any equipment, system, or service that uses covered telecommunications equipment or services’’ in paragraph (c)(2) of the provision at 52.204–26, or in paragraph (v)(2)(ii) of the provision at 52.212–3.

(a) Definitions. As used in this provision— Backhaul, covered telecommunications equipment or services, critical technology, interconnection arrangements, reasonable inquiry, roaming, and substantial or essential component have the meanings provided in the clause 52.204–25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment.

(b) Prohibition. (1) Section 889(a)(1)(A) of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 (Pub. L. 115–232) prohibits the head of an executive agency on or after August 13, 2019, from procuring or obtaining, or extending or renewing a contract to procure or obtain, any equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system. Nothing in the prohibition shall be construed to—

(i) Prohibit the head of an executive agency from procuring with an entity to provide a service that connects to the facilities of a third-party, such as backhaul, roaming, or interconnection arrangements; or

(ii) Cover telecommunications equipment that cannot route or redirect user data traffic or cannot permit visibility into any user data or packets that such equipment transmits or otherwise handles.

(2) Section 889(a)(1)(B) of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 (Pub. L. 115–232) prohibits the head of an executive agency on or after August 13, 2020, from entering into a contract or extending or renewing a contract with an entity that uses any equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system. This prohibition applies to the use of covered telecommunications equipment or services, regardless of whether that use is in performance of work under a Federal contract. Nothing in the prohibition shall be construed to—

(i) Prohibit the head of an executive agency from procuring with an entity to provide a service that connects to the facilities of a third-party, such as backhaul, roaming, or interconnection arrangements; or

(ii) Cover telecommunications equipment that cannot route or redirect user data traffic or cannot permit visibility into any user data or packets that such equipment transmits or otherwise handles.

(c) Procedures. The Offeror shall review the list of excluded parties in the System for Award Management (SAM) (https://www.sam.gov) for entities excluded from receiving federal awards for “covered telecommunications equipment or services.”

(d) Representations. The Offeror represents that—

(1) It [ ] will, [ ] will not provide covered telecommunications equipment or services to the Government in the performance of any contract, subcontract or other contractual instrument resulting from this solicitation. The Offeror shall provide the additional disclosure information required at paragraph (e)(1) of this section if the Offeror responds “will’’ in paragraph (d)(1) of this section; and

(2) After conducting a reasonable inquiry, for purposes of this representation, the Offeror represents that— It [ ] does, [ ] does not use covered telecommunications equipment or services, or use any equipment, system, or service that uses covered telecommunications equipment or services. The Offeror shall provide the additional disclosure information required at paragraph (e)(2) of this section if the Offeror responds “does’’ in paragraph (d)(2) of this section.

(e) Disclosures. (1) Disclosure for the representation in paragraph (d)(1) of this provision. If the Offeror has responded “will’’ in the representation in paragraph (d)(1) of this provision, the Offeror shall provide the following information as part of the offer:

(i) For covered equipment—

(A) The entity that produced the covered telecommunications equipment (include entity name, unique entity identifier, CAGE code, and whether the entity was the original equipment manufacturer (OEM) or a distributor, if known);

(B) A description of all covered telecommunications equipment offered (include brand; model number, such as OEM number, manufacturer part number, or wholesaler number; and item description, as applicable); and

(C) Explanation of the proposed use of covered telecommunications equipment and any factors relevant to determining if such use would be permissible under the prohibition in paragraph (b)(1) of this provision.

(ii) For covered services—

(A) If the service is related to item maintenance: A description of all covered telecommunications services offered (include on the item being maintained: Brand; model number, such as OEM number, manufacturer part number, or wholesaler number; and item description, as applicable); or

(B) If not associated with maintenance, the Product Service Code (PSC) of the service being provided; and explanation of the proposed use of covered telecommunications services and any factors relevant to determining if such use would be permissible under the prohibition in paragraph (b)(1) of this provision.

(2) Disclosure for the representation in paragraph (d)(2) of this provision. If the Offeror has responded “does’’ in the representation in paragraph (d)(2) of this provision, the Offeror shall provide the following information as part of the offer:

(i) For covered equipment—

(A) The entity that produced the covered telecommunications equipment (include entity name, unique entity identifier, CAGE code, and whether the entity was the OEM or a distributor, if known);

(B) A description of all covered telecommunications equipment offered (include brand; model number, such as OEM number, manufacturer part number, or wholesaler number; and item description, as applicable); and

(C) Explanation of the proposed use of covered telecommunications equipment and any factors relevant to determining if such use would be permissible under the prohibition in paragraph (b)(2) of this provision.

(ii) For covered services—

(A) If the service is related to item maintenance: A description of all covered telecommunications services offered (include on the item being maintained: Brand; model number, such as OEM number, manufacturer part number, or wholesaler number; and item description, as applicable); or

(B) If not associated with maintenance, the PSC of the service being provided; and explanation of the proposed use of covered telecommunications services and any factors relevant to determining if such use would be permissible under the prohibition in paragraph (b)(2) of this provision.

(End of Provision)

GENERAL CONDITIONS

4.1 52.204-19 INCORPORATION BY REFERENCE OF REPRESENTATIONS AND CERTIFICATIONS (DEC 2014) The Contractor's representations and certifications, including those completed electronically via the System for Award Management (SAM), are incorporated by reference into the contract.

(End of Clause)

4.2 52.204-23 PROHIBITION ON CONTRACTING FOR HARDWARE, SOFTWARE, AND SERVICES DEVELOPED OR PROVIDED BY KASPERSKY LAB AND OTHER COVERED ENTITIES (NOV 2021)

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

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

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

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

Covered entity means—

(1) Kaspersky Lab;

(2) Any successor entity to Kaspersky Lab;

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

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

(b) Prohibition. Section 1634 of Division A of the National Defense Authorization Act for…