NCA Safety Incentives Combined_Synopsis-Solicitation 3 Tier.pdf

COMBINED SYNOPSIS/SOLICITATION FOR SAFETY AWARD INCENTIVE ITEMS

General Information

Contracting Office Address

Department of Veterans Affairs National Cemetery Administration 18434 Joplin Rd Triangle, VA 22172

Description This is a tiered combined synopsis/solicitation for commercial items prepared in accordance with the format in Federal Acquisition Regulation (FAR) subpart 12.6, “Streamlined Procedures for Evaluation and Solicitation for Commercial Items,” as supplemented with additional information included in this notice. This announcement constitutes the only solicitation; proposals are being requested, and a written solicitation document will not be issued.

This solicitation is a Request for Quotes (RFQ). The solicitation document and incorporated provisions and clauses are those in effect through Federal Acquisition Circular (FAC) 2023-05

The associated North American Industrial Classification System (NAICS) code for this procurement is 541870 Advertising Material Distribution Services; with a small business size standard of $25.8M.

I. STATEMENT OF WORK

The National Cemetery Administration offers items as awards for Safety Excellence to Cemetery personnel who meet the criteria set forth in our Safety and Health Program. These are items which can aid them in their day and personal safety.

The National Cemetery Administration is seeking to purchase incentive items with the NCA logo through a multiple award BPA with a duration of five years. Items include:

• Single Wall Sports Bottles

• Stainless Steel Tumblers

• Absorbent Cooling Towels

• Multi Tools

Items shall have several choices of color as listed below and be supplemented with either one of two NCA logo options in color if printed on the surface or using the inscription option if on metal. If the item is too

Document Type: Combined Solicitation/Synopsis Solicitation Number: 36C78623Q50NCA Posted Date: 9/11/2023 Question Close Date 9/13/2023, noon Eastern Time Response Date: 9/15/2023 noon Eastern Time Product or Service Code: 9905 Set Aside SDVOSB/VOSB/SB NAICS Code: 541870 small, then instead of a logo the title “National Cemetery Administration” shall be printed in Times New Roman font.

Logo options, sizes appropriate to the item, but no larger than 3 inches:

Item Specifications:

∼ Water Bottle: min 18 oz Water Bottle, Plastic; Colors Transparent, red, white, blue, or silver

∼ Tumbler: min 18 oz Stainless Steel Cold & Hot Tumbler; Colors: Red, white, blue, or silver

∼ Cooling Towel: Solid PVA towel; Colors: Red or blue

∼ Multi Tool: Approximate Weight 2 oz., CLOSED LENGTH: 2-2.5 in OPEN LENGTH: 3.5-4 in., (Stainless Steel, Hard-Anodized Aluminum.) Tools should include but are not limited to Spring-action Needle nose Pliers/ Regular Pliers, Spring-action Wire Cutters, 420HC Knife, Spring-action Scissors, Flat/Phillips Screwdriver. Brand quality should be at least mid-grade. Colors:

Red, blue, or silver

NCA will specify the total number of each item and color to be sent to each location, the addresses are listed below for each order. Delivery of the items is expected within 30 days of the order date.

PRICE SCHEDULE

Base Year 9/25/2023- 9/24/2024

Item

Item Description Quantity UNIT UNIT PRICE TOTAL PRICE

0001 Sports Bottle 500 EA 0002 Stainless Steel Tumbler 900 EA 0003 Absorbent Cooling Towel 800 EA 0004 Multi Tool 800 EA

ANNUAL TOTAL

Option Year I 9/25/2024- 9/24/2025

Item

Item Description Quantity UNIT UNIT PRICE TOTAL PRICE

1001 Sports Bottle 500 EA 2002 Stainless Steel Tumbler 900 EA 3003 Absorbent Cooling Towel 800 EA 4004 Multi Tool 800 EA

ANNUAL TOTAL

Inscription Option Color Option

Option Year II 9/25/2025- 9/24/2026 Item

Item Description Quantity UNIT UNIT PRICE TOTAL PRICE

2001 Sports Bottle 500 EA 2002 Stainless Steel Tumbler 900 EA 2003 Absorbent Cooling Towel 800 EA 2004 Multi Tool 800 EA

ANNUAL TOTAL

Option Year III 9/25/2026- 9/24/2027 tem # Item Description Quantity UNIT UNIT PRICE TOTAL PRICE 3001 Sports Bottle 500 EA 3002 Stainless Steel Tumbler 900 EA 3003 Absorbent Cooling Towel 800 EA 3004 Multi Tool 800 EA

ANNUAL TOTAL

Option Year IV 9/25/2027- 9/24/2028

Item

Item Description Quantity UNIT UNIT PRICE TOTAL PRICE

4001 Sports Bottle 500 EA 4002 Stainless Steel Tumbler 900 EA 4003 Absorbent Cooling Towel 800 EA 4004 Multi Tool 800 EA

ANNUAL TOTAL

YEAR TOTAL PRICE

BASE

OPTION 1

OPTION 2

OPTION 3

OPTION 4

TOTAL CONTRACT AGGREGATE

Prices shall be all inclusive to include all supply, labor, printing, shipping and handling.

II. BLANKET PURCHASE AGREEMENT (BPA) ADMINISTRATION DATA

A. All BPA administrative matters will be handled by the following individuals:

(1) CONTRACTOR:

(2) GOVERNMENT:

BPA Contracting Officer (CO):

Katherine Iacovelli, Contracting Officer Department of Veterans Affairs

National Cemetery Administration 18434 Joplin Rd Triangle, VA 22172

B. The BPA CO is responsible for providing overall scope oversight, maintaining communication between the Contractor and the VA, ensuring compliance, administering base BPA and modifications and aiding in administering BPA Orders and Order modifications if needed.

C. The Delivery Order CO is responsible for administering BPA Call Orders and Order modifications and ensuring that annual performance evaluations are completed. The Delivery Order CO designates a Contracting Officer’s Representative (COR) at the individual order level. The Delivery Order CO will issue a designation letter to the COR and the Contractor to ensure that all parties understand the limited authority of the COR.

D. ORDER PROCEDURES

A properly appointed Department of Veterans Affairs Contracting Officer will request a quote from the Contractors based upon the items in the Price Schedule. The information provided to the Contractors will include the place for delivery. The Contractors will reply within 3 business days with a Firm-Fixed-Price quote depending on the details required by the SOW. The Contractors may offer additional spot discounts on any order, as they deem appropriate. All subcontractor activity must be clearly identified in each new order proposal as applicable.

The Call Order Contractor shall provide order fulfillment as requirements are identified and ordered throughout the ordering period. The Government may issue orders at any time throughout the life of the BPA for items within the scope of the BPA. Call orders will be Firm Fixed Price. Each order will specify details as they relate to deliverables, performance and other technical requirements.

(1) This is a contract for commercial items prepared in accordance with procedures contained in FAR 8.405-3, Blanket Purchase Agreements as supplemented with additional information included in this solicitation.

(2) As requirements are defined, a CO will issue a Delivery Order in accordance with the procedures as outlined below.

(3) Each Delivery Order will include, at a minimum:

a. List of the items, including applicable information;

b. the delivery location and period of performance;

c. point of contact information for the order and the delivery location and

d. any additional information deemed necessary by the CO.

(4) Upon order award, the order will be sent via email to the Contractor. The Contractor is not authorized at any time to commence order performance prior to issuance of a signed order or other written approval provided by a CO.

(5) Orders may only be modified by written modification, executed by a warranted CO. The Contractor shall not perform or provide services that are not expressly stated in the BPA or order. A Contracting Officer Representative (COR) does not have the authority or means to obligate the Government or change the terms and conditions of the BPA or order.

(6) The CO of this agreement is the only person authorized to make or approve any changes to any of the requirements in this BPA, and notwithstanding any clauses contained elsewhere in this BPA, this authority remains solely with the CO. A CO is the only person authorized to make or approve any changes to requirements of Delivery orders issued in accordance with the terms and conditions of this BPA. In the event the Contractor performs a change based on guidance at the direction of any other person other than the CO, the change will be considered to have been made without authority. Any price changes will not be considered or incurred as a result thereof.

All questions concerning the BPA or Delivery orders will be directed to the CO(s). The contractor shall contact the BPA or Delivery order CO with any questions regarding performance issues. If the Contractor determines the Delivery order CO is requesting services outside the terms and conditions of this BPA, the contractor shall immediately contact the BPA

CO.

(7) The specific COR(s) for each Delivery order written under the BPAs awarded will be named within the Delivery orders. The Contracting Officer's Representative (COR) is the duly authorized representative of the Contracting Officer. The COR will perform inspection and acceptance of services to be provided.

E PRICES

1. The prices included on the BPA list that are in effect on the effective date of an order shall govern that order's basic performance period. With regard to any option years, which are later exercised, the proposed option year rates as incorporated into the order award are in effect until such time, if applicable, that the Contractor has been authorized a rate increase culminating from a negotiation with the Contracting Officer.

2. The BPA holder can voluntarily reduce offered prices at any time by giving 24-hour advance notice (by email) to the NCA Contract Officer. This BPA also allows for additional discounts if a "large order" is placed at one time. An advanced notice is not required for discounts offered for only an individual order.

Whether an order is large enough to warrant such a discount is subject to the discretion of the BPA awardee.

3. The BPA awardee may also increase BPA prices at any time. Any BPA price increase shall not take effect until the NCA Contract Officer receives written notification by email and is agreed upon. Any order already issued shall not be affected by any change to BPA pricing.

4. The Contract Officer shall conduct an annual review of the GSA Schedule BPA to determine whether:

• The underlying Schedule contract is still in effect.

• The BPA still represents the best value.

• Estimated quantities/amounts have been exceeded and additional price reductions can be obtained.

• The Contract Officer will document the results of its review.

F. BPA TOTAL MAXIMUM VALUE

The maximum aggregate value of all Call Orders under the BPA for the five years is $100,00.00.

G. OPTIONS

In accordance with FAR 17.2, orders may contemplate the use of options. Inclusion of options at the order level will be properly documented and approved in accordance with the FAR and agency procedures and will be clearly stated in the Order. FAR 52.517-9 will be included in any orders that include options.

H. INVOICING

(1) All payments by the Government to the contractor will be made in accordance with 52.232-33, Payment by Electronic Funds Transfer.

(2) Invoices should be submitted upon accepted delivery by the cemetery.

(3) All invoices shall reference the following

• Contractor name and address,

• customer name,

• contract number,

• obligation number/PO number + Delivery Order Number

• delivery location

• description of items provided,

• quantity,

• unit price,

• total invoice amount,

• dates invoice covers and

• any payment discount terms.

I. FUNDING

This BPA does not obligate any funds.

J. AUTHORIZED ORDERS

The following office(s) is hereby authorized to place orders under this BPA:

National Cemetery Contract Service

K. PLACE OF PERFORMANCE

Delivered to various National Cemeteries across the US, see list included in the pages .

III. GENERAL INFORMATION

A. DELIVERIES

Deliveries shall be made during a Cemetery’s weekday normal business hours. Some cemeteries are within gated military posts which require a stop at the gate and identification to proceed others also require the gate to be aware of the delivery.

B. CONSEQUENCES OF CONTRACTOR’S FAILURE TO PERFORM REQUIRED ORDER

FULFILMENT:

(1) In the case of unperformed orders, the Government:

a. May, at its option, afford the contractor an opportunity to perform the unperformed order, at no additional cost to the Government. This performance must take place within a reasonable period subject to the discretion of the COR, but in no event longer than the next workday with proof of shipment within a week.

b. May, at its option, perform the order fulfilment by Government personnel or other means.

(2) In the case of unsatisfactory order(s) that was/were not resolved, the Government:

a. Will deduct from the Contractor’s invoice all amounts associated with such unsatisfactory work at the prices contained in the Schedule or provided by other provisions of the contract; unless the contractor is afforded an opportunity to re-perform the work as outlined in the next paragraph, and satisfactorily completes the work;

b. May, at its option, afford the Contractor the opportunity to re-perform the unsatisfactory work, at no additional cost to the Government, within a reasonable period, subject to the discretion of the COR, but in no event longer than the next workday;

c. May, at its option, perform the services by Government personnel or other means.

F. STAGES OF PERFORMANCE EVALUATION

a. Normally, the COR/ACOR will verbally advise or give a written inspection report to the Contractor of discrepancies the first time they occur and ask the Contractor to correct the problem. A notation will be made on the COR checklist of the date and the time the deficiency was discovered and the date and time the Contractor was notified.

b. Based on the seriousness, the COR/ACOR may also notify the CO at that time. If the issue is not serious and occurs again a written warning shall be sent by the COR to the onsite supervisor. The COR/ACOR shall also notify the CO at the time the warning is sent. The CO may also decide to send a warning.

c. If the Government created any of the discrepancies, these will not be counted against the Contractor's performance. When the Government has caused the Contractor to perform in an unsatisfactory manner, the COR/ACOR will forward a written notice to the responsible organizational element requesting corrective action be taken.

d. When the Contractor is not meeting the acceptable limits of satisfactory performance regarding the same issue or continues to fail due to a number of issues, a Contract Discrepancy Report (CDR) will be issued to the Contractor. The seriousness of the failures should govern whether to issue CDR at the end of the period, or as soon as the limits of satisfactory performance are exceeded.

When a CDR is issued, the Contracting Officer and/or the COR/ACOR may exercise any contractual remedy available for non-performance, in accordance with FAR 52.212-4, “Inspection and Acceptance”.

When a CDR is received, the Contractor shall complete the applicable CDR blocks and return it within 10 calendar days to the CO. The Contracting Officer will evaluate the Contractor's explanation/plan and determine the next course of action.

e. The issuance of a CDR, found in Section D Attachments, may be cause for the scheduling of a meeting among the Contractor, Contracting Officer and COR/ACOR. A mutual effort will be made to resolve all problems identified. The Government will prepare written minutes of the meeting. The Contractor, Contracting Officer and COR will sign minutes of the meeting(s).

f. Should the Contractor not concur with the minutes, they will so state their objections in writing to the Contracting Officer, within ten calendar days, and also explain the reasons for non-concurrence. The Contracting Officer will review and consider the reasons submitted for the Contractor's non-concurrence and make a decision to revise or uphold the comments as written. The Contracting Officer will notify the Contractor of the decision in writing within ten calendar days of submission of any objections.

g. After a CDR is given and the vendor's plan accepted by the CO and COR/ACOR the vendor shall have 1 month to carry-out the plan. After 30 calendar days, if there are any examples of missed standards then a remedy shall apply.

h. If the Contractor does not achieve satisfactory performance by the end of the next period or agreed suspense date, further actions may be considered including, but not limited to termination for default. If the Contractor only achieves a partial satisfactory performance by the end of the next period or agreed suspense date, other remedies including penalties may be applied.

IV. BLANKET PURCHASE AGREEMENT (BPA) TERMS AND CONDITIONS

A. OVERVIEW

The Department of Veterans Affairs (VA), National Cemetery Administration is issuing a single Blanket Purchase Agreement (BPA) for the purchase of Safety Award Incentive items. The Contractor agrees to deliver NCA logoed items to satisfy the Government’s requirement when an order is placed under the BPA during the effective period of the established agreement.

B. TERMS

(1) The Contractor agrees to supply established item(s) to satisfy the Government’s requirement when an order is placed under the BPA during the effective period of the established agreement.

(2) The BPA holder shall provide written notice to the NCA BPA Government points of contact (See section B.1, BPA Administration Data) of any changes to its contract specifically related to any items on the resultant BPA. Changes include, but are not limited to price decreases, product deletions or substitutions, expiration of GSA Schedule, and/or change in Contractor company information, including contract administrator, company name, address and phone number.

(3) TERMINATION – Either party may terminate this agreement at any time upon 30 days prior written notice to the other party. The cancellation will take effect 30 calendar days after the other party receives the notice of cancellation. BPA cancellation does not release the Contractor from the duty to continue performance of awarded Call Orders.

C. EXTENT OF OBLIGATION

(1) The Government is obligated only to the extent of authorized purchases actually made under the resultant BPA. This BPA does not obligate any funds, nor is the Government obligated to make any purchases under this BPA.

(2) If any extensions of the NCA contract results in price increases, the BPA Holder shall honor the prices in this BPA.

D. REPLACEMENT WITH ALTERNATE SUPPLIES the BPA Holder shall honor the prices in this

BPA.

By establishing an agreement, the Contractor agrees to supply established item(s) to satisfy the Government’s requirement when an order is placed under the BPA during the effective period of the established agreement. If, however, the Contractor determines to terminate production of the selected item and contemplates replacement with alternative item, the Government reserves the right to evaluate the potential replacement item(s). There is no guarantee that the Government will evaluate any replacement item(s) favorably. If the Government determines the replacement item(s) as unacceptable, the individual item(s) or the entire BPA may be cancelled.

E. ORDER OF PRECEDENCE

(1) All solicitation contract terms apply to this BPA unless appended by the BPA.

(2) The terms and conditions of this BPA apply to all purchases made pursuant to it.

F. ORDERING

BPA ordering will be centralized. Orders will be placed through NCA Contract Service. Only individuals within the national Cemetery Administration with expressed authority to obligate the Government have the authority to purchase under this BPA.

G. DELIVERY REQUIREMENTS

(1) All orders shall be made free on board destination to any of the National Cemetery locations nationwide.

(2) Inspection and Acceptance

Please refer to FAR Clause 52.212-4 and VAAR Clause 852.246-71 – Inspection (incorporated by reference), for further instructions regarding inspection/acceptance procedures Section C.

H. PERIOD OF AGREEMENT

This agreement is between the Government and the Contractor and shall become effective on the date stated in Box 3 of SF 1449. The BPA is a five (5) year base. There will be no automatic renewal after 5 years. The total duration of this BPA, shall not exceed shall not exceed sixty (60) months.

I. REMEDY FOR EXPENSES INCURRED DUE TO TERMINATION FOR CONVENIENCE

FAR 12.403

Termination for the Government’s convenience.

(1) When the contracting officer terminates a contract for commercial items for the Government’s convenience, the Contractor shall be paid --

(i) (A) outstanding invoices for services performed up to the date of the termination for fixed-price or fixed-price with economic price adjustment contracts, and

(ii) Any charges the contractor can demonstrate directly resulted from the termination. The Contractor may demonstrate such charges using its standard record keeping system and is not required to comply with the cost accounting standards or the contract cost principles in Part 31. The Government does not have any right to audit the contractor’s records solely because of the termination for convenience.

(2) Generally, the parties should mutually agree upon the requirements of the termination proposal. The parties must balance the Government’s need to obtain sufficient documentation to support payment to the contractor against the goal of having a simple and expeditious settlement.

FAR 49.109-7 -- SETTLEMENT BY DETERMINATION.

(a) General. If the contractor and TCO cannot agree on a termination settlement, or if a settlement proposal is not submitted within the period required by the termination clause, the TCO shall issue a determination of the amount due consistent with the termination clause, including any cost principles incorporated by reference. The TCO shall comply with 49.109-l through 49.109-6 in making a settlement by determination and with 49.203 in making an adjustment for loss, if any. Copies of determinations shall receive the same distribution as other contract modifications.

(b) Notice to contractor. Before issuing a determination of the amount due the contractor, the TCO shall give the contractor at least 15 days notice by certified mail (return receipt requested) to submit written evidence, so as to reach the TCO on or before a stated date, substantiating the amount previously proposed.

(c) Justification of settlement proposal.

(1) The contractor has the burden of establishing, by proof satisfactory to the TCO, the amount proposed.

(2) The contractor may submit vouchers, verified transcripts of books of account, affidavits, audit reports, and other documents as desired. The TCO may request the contractor to submit additional documents and data, and may request appropriate accountings, investigations, and audits.

(3) The TCO may accept copies of documents and records without requiring original documents unless there is a question of authenticity.

(4) The TCO may hold any conferences considered appropriate --

(i) To confer with the contractor,

(ii) To obtain additional information from Government personnel or from independent experts, or

(iii) To consult persons who have submitted affidavits or reports.

(d) Determinations. After reviewing the information available, the TCO shall determine the amount due and shall transmit a copy of the determination to the contractor by certified mail (return receipt requested), or by any other method that provides evidence of receipt. The transmittal letter shall advise the contractor that the determination is a final decision from which the contractor may appeal under the Disputes clause, except as shown in paragraph (f) of this section. The determination shall specify the amount due the contractor and will be supported by detailed schedules conforming generally to the forms for settlement proposals prescribed in 49.602-1 and by additional information, schedules, and analyses as appropriate. The TCO shall explain each major item of disallowance. The TCO need not reconsider any other action relating to the terminated portion of the contract that was ratified or approved by the TCO or another contracting officer.

(e) Preservation of evidence. The TCO shall retain all written evidence and other data relied upon in making a determination, except that copies of original books of account need not be made. The TCO shall return books of account, together with other original papers and documents, to the contractor within a reasonable time.

(f) Appeals. The contractor may appeal, under the Disputes clause, any settlement by determination, except when the contractor has failed to submit the settlement proposal within the time provided in the contract and failed to request an extension of time. The pendency of an appeal shall not affect the authority of the TCO to settle the settlement proposal or any part by negotiation with the contractor at any time before the appeal is decided.

(g) Decision on the contractor’s appeal. The TCO shall give effect to a decision of the Claims Court or a board of contract appeals, when necessary, by an appropriate modification to the contract. When appropriate, the TCO should obtain a release from the contractor. TCO’s are authorized to modify the formats of settlement agreements in 49.603 to agree with this provision.

VAAR 833.211 CONTRACTING OFFICER’S DECISION.

(a) When a dispute cannot be settled by agreement and a final decision under the Disputes clause of the contract is necessary, the contracting officer must furnish the contractor the contracting officer’s final decision in the matter.

(b) The contracting officer must identify the decision, in writing, as a final decision and include a statement of facts in sufficient detail to enable the contractor to fully understand the decision and the basis on which it was made. The decision must set forth those facts relevant to the dispute with which the contractor and the contracting officer are in agreement, and as clearly as possible, the area of disagreement.

(c) For VA contracts, the Board of Contract Appeals noted in FAR 33.211 is the Civilian Board of Contract Appeals (CBCA), 1800 F Street, NW., Washington, DC20405.

EVALUATION

Award shall be made to the Prime Contractor whose proposal offers the best value to the government. The Government will evaluate information based on the following evaluation criteria:

Lowest Price Technically Acceptable

Past Performance: Past Performance of the Prime will be evaluated for Quality of Service, Schedule, Business relations with Customers, Reliability, Problem Resolution, Invoice Accuracy, and Overall Performance of the company in this area. Utilizing the Past Performance Questionnaire in the Appendix, offerors shall provide three (3) references within the last two (2) years that are similar in size and scope and that are deemed relevant to the requirement of this solicitation. The Government will use information submitted by the offeror and other additional sources available to Federal Agencies in order to access past performances. In addition, the Government will also validate past performance information by utilizing the Federal Government’s Contractor Performance Assessment Reporting System (CPARS).

The questionnaire in conjunction with the CPARS and other allowable information will be utilized in validating an offeror’s past performance acceptability rating. Offerors are to demonstrate successful performance under relevant contracts (ongoing or completed) which are similar in scope, magnitude, price, and complexity to the subject requirement. In cases where an offeror without a record of relevant past performance or for whom information on past performance is not available, the offeror may not be evaluated favorable or unfavorable, but will be given a neutral rating. Referrals where contact information provided cannot be reached telephonically or by email will not be considered. In cases where an offeror has relevant past performance, but chooses not to use it, the offeror may be evaluated “Unacceptable.”.

Subcontractors’ past performance will not be evaluated.

Price: Price will be evaluated for reasonableness and realism:

Fair and Reasonable Determination A fair and reasonable price determination will be made through any combination of the following methods consistent with FAR 15.404.

1. Comparison of proposed prices received in response to the solicitation. or

2. Comparison of proposed prices with independent Government cost estimates.

Technical: Please provide a marketing brochure and answer the following questions:

Questions:

• What is your set-aside?

• How many years have you been selling promotional items?

• How many different print firms have you used in that time?

• Describe your accountability if a location does not receive the quality of item promised.

• Describe your process for orders that have shipping issues.

SUBMISSION INSTRUCTIONS

All offerors shall submit the following by email to Katherine.iacovelli@va.gov:

Deliverables for this solicitation include:

• Completed and signed page including UEI, best phone number and email address and a statement regarding the terms and conditions herein as follows:

"The terms and conditions in the solicitation are acceptable to be included in the award document without modification, deletion, or addition."

OR

"The terms and conditions in the solicitation are acceptable to be included in the award document with the exception, deletion, or addition of the following:"

Offeror shall then list exception(s) and rationale for the exception(s).

• Filled out price schedule, not manipulated,

• Marketing materials showing capability and functionality required in the SOW,

• 3 Past Performance documents in the given format,

• Answered questions from Technical Section,

• Pictures and information regarding each item,

• Time from receipt of order to shipment, and

• Completed VAAR Certification.

Any questions or concerns regarding this solicitation should be forwarded in writing via e-mail to the Contract Officer below by noon Eastern September 13, 2023.

Any submission missing documents will be removed from further consideration.

Point of Contact

Katherine Iacovelli, Contract Officer Katherine.iacovelli@va.gov mailto:Katherine.iacovelli@va.gov

FAR AND VAAR CLAUSES AND PROVISIONS INCLUDED IN THE SOLICITATION

CLAUSES as to be included on orders

52.212-4 Contract Terms and Conditions-Commercial Products and Services (DEC 2022)

Addendum to FAR 52.212-4

52.252-2 Clauses Incorporated by Reference (FEB 1998) http://www.acquisition.gov/far/index.html (FAR) and http://www.va.gov/oal/library/vaar/index.asp (VAAR)

• 52.204-13 System for Award Management Maintenance (OCT 2018)

• 52.204-18 Commercial and Government Entity Code Maintenance (AUG 2020)

• 52.216-18 Ordering (AUG 2020)

• Date of Award, 365 days after Date of Award

• 52.216-19 Order Limitations (OCT 1995)

One hour; $50,000; $200,000; 15

• 52.217-9 Option to Extend the Term of the Contract (MAR 2000)

1 day, 5 days, 5 years

• 52.232-18 Availability of Funds (APR 1984)

• 52.232-19 Availability of Funds for the Next Fiscal Year (APR 1984)

• 52.232-40 Providing Accelerated Payments to Small Business Subcontractors (MAR 2023)

• 852.201-70 Representatives of Contracting Officers (DEC 2022)

• 852.203-70 Commercial Advertising (MAY 2018)

• 852.208-70 Service-Disabled Veteran-Owned and Veteran-Owned Small Business Evaluation

Factors – Orders or BPAs (JAN 2023) (DEVIATION)

• 852.219-73 VA Notice to Total Set-Aside for Certified Service-Disabled Veteran-Owned

Small Businesses (JAN 2023) (DEVIATION)

• 852.219-74 VA Notice to Total Set-Aside for Certified Veteran-Owned Small Businesses (JAN

2023) (DEVIATION

• 852.219-76 VA Notice of Limitations on Subcontracting – Certificate of Compliance for Supplies and Products (JAN 2023) (DEVIATION)

• 852.232-72 Electronic Submission of Payment Requests (NOV 2018)

• 852.242-71 Administrative Contracting Officer (OCT 2020)

• 852.246-71 Rejected Goods (OCT 2018)

(End of Addendum to 52.212-4)

52.212-5 Contract Terms and Conditions Required to Implement Statutes or Executive Orders- Commercial Products and Commercial Services (SEP 2023)

PROVISIONS:

52.212-1 Instructions to Offerors-Commercial Products and Commercial Services (SEP 2023)

Addendum to FAR 52.212-1

• 52.204-7 System for Award Management (OCT 2018)

• 52.204-16 Commercial and Government Entity Code Reporting (AUG 2020) http://www.acquisition.gov/far/index.html http://www.va.gov/oal/library/vaar/index.asp

• 52.204-24 Representation Regarding Certain Telecommunications and Video Surveillance Services or Equipment (NOV 2021)

• 852.215-70 Service-Disabled Veteran-Owned and Veteran-Owned Small Business Evaluation Factors (JAN 2023) (DEVIATION)

(End of Addendum to 52.212-1)

52.212-3 Offeror Representations and Certifications-Commercial Products and Commercial Services

(SEP 2023)

APPENDIX

CONTRACT DISCREPANCY REPORT

Contract Number:

Report No. for this Discrepancy:

To: (Contractor/Manager’s Name)

From: (Name of COR)

5. Dates 5a. Prepared:

5b. Returned by Contractor:

5c. Action Complete:

Discrepancy or Problem: (Describe in detail. Include reference to SOW Directive; attach additional sheet if necessary.)

Signature of Contracting Officer or COR:

8a. To: (Contracting Officer and/or COR)

8b. From: (Contractor)

9. Contractor Response as to Cause, Corrective Action and Actions to Prevent Recurrence: (attach additional sheet if necessary.)

10a. Signature of Contractor Representative:

10b. Date:

11. Government Evaluation: (Acceptance, partial acceptance, reflection; attach additional sheet if necessary.)

12. Government Actions: (Reduced payment, cure notice, show cause, other)

13. Close Out Name Title Signature Date

Contractor Notified

b. COR

c. CO

852.219-76 VA NOTICE OF LIMITATIONS ON SUBCONTRACTING—CERTIFICATE OF

COMPLIANCE FOR SUPPLIES AND PRODUCTS (JAN 2023) (DEVIATION)

(a) Pursuant to 38 U.S.C. 8127(l)(2), the offeror certifies that—

(1) If awarded a contract (see FAR 2.101 definition), it will comply with the limitations on subcontracting requirement as provided in the solicitation and the resultant contract, as follows:

[Offeror check the appropriate box]

(i) [ ] In the case of a contract for supplies or products (other than from a non-manufacturer of such supplies), it will not pay more than 50% of the amount paid by the government to it to firms that are not certified SDVOSBs listed in the SBA certification database as set forth in 852.219-73 or certified VOSBs listed in the SBA certification database as set forth in 852.219-74. Any work that a similarly situated certified SDVOSB/VOSB subcontractor further subcontracts will count towards the 50% subcontract amount that cannot be exceeded. Cost of materials are excluded and not considered to be subcontracted.

(ii) [ ] In the case of a contract for supplies from a nonmanufacturer, it will supply the product of a domestic small business manufacturer or processor, unless a waiver as described in 13 CFR 121.406(b)(5) is granted. The offeror understands that, as provided in 13 CFR 121.406(b)(7), such a waiver has no effect on requirements external to the Small Business Act, such as the Buy American Act or the Trade Agreements Act.

(2) Manufacturer or nonmanufacturer representation and certification. [Offeror fill-in—check each applicable box below. The offeror must select the applicable provision below, identifying itself as either a manufacturer or nonmanufacturer]:

(i) [ ] Manufacturer or producer. The offeror certifies that it is the manufacturer or producer of the end item being procured, and the end item is manufactured or produced in the United States, in accordance with paragraph (a)(1)(i).

(ii) [ ] Nonmanufacturer. The offeror certifies that it qualifies as a nonmanufacturer in accordance with the requirements of 13 CFR 121.406(b) and paragraph (a)(1)(ii). The offeror further certifies it meets each element below as required in order to qualify as a nonmanufacturer. [Offeror fill-in—check each box below.]

[ ] The offeror certifies that it does not exceed 500 employees (or 150 employees for the Information Technology Value Added Reseller exception to NAICS code 541519, which is found at 13 CFR 121.201, footnote 18).

[ ] The offeror certifies that it is primarily engaged in the retail or wholesale trade and normally sells the type of item being supplied.

[ ] The offeror certifies that it will take ownership or possession of the item(s) with its personnel, equipment, or facilities in a manner consistent with industry practice.

(iii) [ ] If this is a multiple item acquisition, the offeror certifies that at least 50% of the estimated contract value is composed of items that are manufactured by small business concerns.

[Contracting Officer fill-in or removal. See 13 CFR 121.406(d) for multiple end items. If SBA has issued an applicable nonmanufacturer rule waiver, this requirement must be removed in the final solicitation or contract.]

(3) The offeror acknowledges that this certification concerns a matter within the jurisdiction of an Agency of the United States. The offeror further acknowledges that this certification is subject to Title 18, United States Code, Section 1001, and, as such, a false, fictitious, or fraudulent certification may render the offeror subject to criminal, civil, or administrative penalties, including prosecution.

(4) If VA determines that an SDVOSB/VOSB awarded a contract pursuant to 38 U.S.C. 8127 did not act in good faith, such SDVOSB/VOSB shall be subject to any or all of the following:

(i) Referral to the VA Suspension and Debarment Committee;

(ii) A fine under section 16(g)(1) of the Small Business Act (15 U.S.C. 645(g)(1)); and

(iii) Prosecution for violating 18 U.S.C. 1001.

(b) The offeror represents and understands that by submission of its offer and award of a contract it may be required to provide copies of documents or records to VA that VA may review to determine whether the offeror complied with the limitations on subcontracting requirement specified in the contract or to determine whether the offeror qualifies as a manufacturer or nonmanufacturer in compliance with the limitations on subcontracting requirement. Contracting officers may, at their discretion, require the contractor to demonstrate its compliance with the limitations on subcontracting at any time during performance and upon completion of a contract if the information regarding such compliance is not already available to the contracting officer. Evidence of compliance includes, but is not limited to, invoices, copies of subcontracts, or a list of the value of tasks performed.

(c) The offeror further agrees to cooperate fully and make available any documents or records as may be required to enable VA to determine compliance. The offeror understands that failure to provide documents as requested by VA may result in remedial action as the Government deems appropriate.

(d) Offeror completed certification/fill-in required. The formal certification must be completed, signed and returned with the offeror’s bid, quotation, or proposal. The Government will not consider offers for award from offerors that do not provide the certification, and all such responses will be deemed ineligible for evaluation and award.

Certification:

I hereby certify that if awarded the contract, [insert name of offeror] will comply with the limitations on subcontracting specified in this clause and in the resultant contract. I further certify that I am authorized to execute this certification on behalf of [insert name of offeror].

Printed Name of Signee: ________________________________________

Printed Title of Signee: _________________________________________

Signature: __________________________________________________Date: _____________________

Company Name and Address: ______________________________________

(End of clause)

Delivery Addresses:

• Baltimore National Cemetery 5501 Frederick Avenue Baltimore, MD 21228

• Bath National Cemetery VA Medical Center, (San Juan Avenue) Bath, NY 14810

• Calverton National Cemetery 210 Princeton Blvd. Calverton, NY 11933

• Indiantown Gap National Cemetery 60 Indiantown Gap Road Annville, PA 17003

• Long Island National Cemetery 2040 Wellwood Avenue Farmingdale, NY 11735

• Massachusetts National Cemetery *Off Connery Avenue* Bourne, MA 02532

• Culpeper National Cemetery 305 U.S. Avenue Culpeper, VA 22701

• Hampton National Cemetery Cemetery Road at Marshall Avenue Hampton, VA 23669

• Quantico National Cemetery P.O. Box 10 Triangle, VA 22172

• Salisbury National Cemetery 501 Statesville Boulevard Salisbury, NC 28144

• West Virginia National Cemetery 42 Veterans Memorial Lane Grafton, WV 26354

• Gerald B.H. Solomon Saratoga National Cemetery 200 Duell Road Schuylerville, NY

12871

• National Cemetery of the Alleghenies 1158 Morgan Road Bridgeville, PA 15017

• Washington Crossing National Cemetery 830 Highland Road Newtown, PA 18940

• Western New York National Cemetery 1254 Indian Falls Road Corfu, NY 14036

• Barrancas National Cemetery Naval Air Station 1 Cemetery Road Pensacola, FL 32508

• Camp Nelson National Cemetery 6980 Danville Road Nicholasville, KY 40356

• New Albany National Cemetery 1943 Ekin Avenue New Albany, IN 47150

• Zachary Taylor National Cemetery 4701 Brownsboro Road Louisville, KY 40207

• Chattanooga National Cemetery 1200 Bailey Avenue Chattanooga, TN 37404

• Nashville National Cemetery 1420 Gallatin Road, South Madison, TN 37115-4619

• Florence National Cemetery 803 E. National Cemetery Road Florence, SC 29501

• Memphis National Cemetery 3568 Townes Avenue Memphis, TN 38122

• Mountain Home National Cemetery P.O. Box 8 Mountain Home, TN 37684

• Puerto Rico National Cemetery #50 Avenida Cementerio Nacional Bayamón, Puerto Rico

00961

• Morovis National Cemetery 900 Carretera 137 Morovis, PR 00687

• Florida National Cemetery 6502 SW 102nd Avenue Bushnell, FL 33513

• Bay Pines National Cemetery P.O. Box 477 Bay Pines, FL 33744

• Georgia National Cemetery 2025 Mount Carmel Church Lane Canton, GA 30114

• South Florida National Cemetery 6501 S. State Road 7 Lake Worth, FL 33449

• Alabama National Cemetery 3133 Highway 119 Montevallo, AL 35115

• Fort Mitchell National Cemetery 553 Highway 165 Fort Mitchell, AL 36856

• Jacksonville National Cemetery 4083 Lannie Road Jacksonville, FL 32218-1247

• Fort Jackson National Cemetery 4170 Percival Rd Columbia, SC 29229

• Beaufort National Cemetery 1601 Boundary Street Beaufort, SC 29902

• Sarasota National Cemetery 9810 State Road 72 Sarasota, FL 34241

• Cape Canaveral National Cemetery 5525 U.S. Highway 1 Mims, FL, 32754

• Tallahassee National Cemetery 5015 Apalachee Parkway Tallahassee, FL, 32311

• Camp Butler National Cemetery 5063 Camp Butler Road Springfield, IL 62707

• Dayton National Cemetery 4400 W. Third Street Dayton, OH 45428

• Marion National Cemetery VA Medical Center; 1700 East 38th Street Marion, IN 46952

• Rock Island National Cemetery Rock Island Arsenal Bldg. 118 Rock Island, IL 61299

• Jefferson Barracks National Cemetery 2900 Sheridan Road St. Louis, MO 63125

• Springfield National Cemetery 1702 East Seminole Street Springfield, MO 65804

• Black Hills National Cemetery 20901 Pleasant Valley Drive Sturgis, SD 57785

• Fort Snelling National Cemetery 7601 34th Avenue, South Minneapolis, MN 55450

• Northwoods National Cemetery 5985 Highway K Rhinelander, WI 54501

• Fargo National Cemetery 2101 Elm St. N. Bldg. 40 Fargo, ND 58102

• Leavenworth National Cemetery 150 Muncie Road Leavenworth, KS 66048

• Fort Custer National Cemetery 15501 Dickman Road Augusta, MI 49012

• Abraham Lincoln National Cemetery 20953 W. Hoff Road Elwood, IL 60421

• Wood National Cemetery 5000 West National Ave., Bldg. 1301 Milwaukee, WI 53295

• Ohio Western Reserve National Cemetery 10175 Rawiga Rd. Seville, OH 44273

• Great Lakes National Cemetery 4200 Belford Road Holly, MI 48442

• Omaha National Cemetery 14250 Schram Road Omaha, NE 68138

• Fort McPherson National Cemetery 12004 S. Spur 56A Maxwell, NE 69151

• Biloxi National Cemetery 400 Veterans Avenue Bldg. 1001 Biloxi, MS 39531

• Natchez National Cemetery 41 Cemetery Road Natchez, MS 39120

• Dallas/Fort Worth National Cemetery 2000 Mountain Creek Parkway Dallas, TX 75211

• Fayetteville National Cemetery 1000 S. Lt. Col. Leroy Pond Avenue Fayetteville, AR 72701

• Fort Bliss National Cemetery P.O. Box 6342 El Paso, TX 79906

• Fort Gibson National Cemetery 1423 Cemetery Road Fort Gibson, OK 74434

• Fort Sill National Cemetery 2648 NE Jake Dunn Road Elgin, OK 73538

• Fort Logan National Cemetery 4400 W. Kenyon Avenue Denver, CO 80236

• Fort Sam Houston National Cemetery 1520 Harry Wurzbach Road San Antonio, TX 78209

• Fort Smith National Cemetery 522 Garland Avenue and South 6th Street Fort Smith, AR

72901

• Houston National Cemetery 10410 Veterans Memorial Drive Houston, TX 77038

• Louisiana National Cemetery 303 W. Mount Pleasant Road Zachary, LA 70791

• Pikes Peak National Cemetery 10545 Drennan Road Colorado Springs, CO 80925

• Fort Rosecrans National Cemetery Point Loma, P.O. Box 6237 San Diego, CA 92106

*Cabrillo Memorial Drive*"

• Golden Gate National Cemetery 1300 Sneath Lane San Bruno, CA 94066

• Los Angeles National Cemetery 950 South Sepulveda Blvd. Los Angeles, CA 90049

• National Memorial Cemetery of the Pacific 2177 Puowaina Drive Honolulu, HI 96813

• Riverside National Cemetery 22495 Van Buren Blvd. Riverside, CA 92518

• Santa Fe National Cemetery 501 North Guadalupe Street Santa Fe, NM 87501

• Eagle Point National Cemetery 2763 Riley Road Eagle Point, OR 97524

• Willamette National Cemetery 11800 S.E. Mt. Scott Blvd. Portland, OR 97086-6937

• Fort Richardson National Cemetery P.O. Box 5-498 Fort Richardson, AK 99505

• San Joaquin Valley National Cemetery 32053 West McCabe Road Santa Nella, CA 95322

• National Memorial Cemetery of Arizona 23029 North Cave Creek Road Phoenix, AZ 85024

• Tahoma National Cemetery 18600 Southeast 240th Street Kent, WA 98042-4868

• Sacramento Valley National Cemetery 5810 Midway Road Dixon, CA 95620

• Bakersfield National Cemetery P.O. Box 459 Arvin, CA 93203

PAST PERFORMANCE QUESTIONNAIRE

INSTRUCTIONS: Offerors must identify previous federal, state, and local government and private contracts that they have completed and that are similar to the contract being evaluated. List at least three (3), for evaluation limited to the last three years. (One contract reference per form, Form may be duplicated) Any subcontractors to be used shall also include three forms each.

Contractor (you) Information:

Name: _____________________________________________________________________ Address: ___________________________________________________________________ Telephone Number: ___________________________________________________________ E-mail: ______________________________________________________________________

Contract Information:

Name of company/agency you provided service for: ___________________________________ Contract Number: _____________________________________________________________ Type of Contract: _______________________________________________________________ Contract Dollar Value: ___________________________________________________________ Date of Award: _________________________________________________________________ Status: Completed, Yes____ No____ If not completed, projected completion date____________ If not completed, why?___________________________________________________________ Were you the Prime? ________ were you the Sub? _______

Point of Contact Information for the company/agency you serviced:

Name of the Contract Person & their position: ________________________________________ Address: ______________________________________________________________________ Telephone Number: _____________________________________________________________ E-mail: ________________________________________________________________________

Description of Supply/Service(s) provided, location & relevancy of work:

Complexity of Product/Service, if any:

Percentage of Work completed by your company/by subcontractor:

(End of Section)

TIERING EXPLANATION

Evaluation Information:

This procurement is set-aside based on an order of priority as established in 38 U.S.C. 8127.

This solicitation is being issued as tiered evaluation that includes the following tiers: (1) SDVOSB concerns, (2) VOSB concerns, and (3) small business concerns, with HUBZone small business concerns and 8(a) participants having priority. If award cannot be made in any of these tiers, the solicitation will be cancelled and the requirement resolicited.

Tiered process will be used in conjunction with FAR Part 15; award will be made to the responsible offeror whose offer is Lowest Price/Technically Acceptable.

Adequate competition exists if; (1) proposals are received from at least two responsible/capable offerors if SDVOSB or VOSB or three if SB; (2) each of whom can satisfy the contract's requirements independently; (3) both contend for a contract which will be won by the offeror whose proposal meets the technical requirement and; (4) price is reasonable.

If adequate competition is met as described in above and a proposal also meets the standards for the factors, the award procedure will be initiated. If adequate competition is not met, or prices are not reasonable, competition will proceed at the next tier.

The process through the tiers will be executed as needed in the manner below:

a. Offers submitted by eligible SDVOSB concerns will be evaluated in accordance with the solicitation and the CO will determine if an award can be made within the SDVOSB tier. If an award can be made within this tier, offers from the remaining tiers will not be considered for award. If no offers are submitted by eligible and capable SDVOSB concerns, or if none of the offers will result in award at a fair and reasonable price, the evaluation will proceed to the next tier for VOSB concerns. SDVOSB offerors will not be considered a second time for award in the tier for VOSB concerns.

b. Offers submitted by eligible VOSB concerns will be evaluated in accordance with the solicitation and the CO will determine if an award can be made within the VOSB tier. If an award can be made within this tier, offers from the remaining tiers will not be considered for award.