36C78625B0036.docx
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- Y1JZ--826CM3009 Alexandria NC Rostrum and Historic Wall Repairs and Renovation (VA-25-00078915)
- Solicitation number
- 36C78625B0036
About this file
This document is a Department of Veterans Affairs (VA) Invitation for Bid (IFB) for construction services at the Alexandria National Cemetery in Alexandria, Virginia. The solicitation (No. 36C78625B0036) is a 100% competitive set-aside for Service-Disabled Veteran-Owned Small Business (SDVOSB) for a project involving the construction of a Rostrum and Historic Wall Repairs and Renovation, with a project number of 826CM3009.
The contract is a Firm Fixed-Price construction contract with a period of performance of 180 calendar days after Notice to Proceed. The estimated contract value is between $1,000,000 and $2,000,000, with a NAICS code of 237990. Key dates include a mandatory site visit on July 3, 2025, at 1:00 PM EST, a deadline for questions on July 22, 2025, at 4:00 PM EST, and bid submission due on August 4, 2025, at 1:00 PM EST. Bidders must be verified SDVOSB firms listed in the Vetbiz.gov database, have current SAM registration, and comply with specific subcontracting limitations and certification requirements.
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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.
36C78625B0036 X 05-24-2025
TBD
"NA"
826CM3009
36C786 Department of Veterans Affairs National Cemetery Administration Contracting Services 18434 Joplin Road Triangle VA 22172 Department of Veterans Affairs National Cemetery Administration Contracting Construction Dept.
Sheryl Palacio-Davis (CO) sheryl.palacio-davis@va.gov Sheryl Palacio-Davis 1-703-630-9343 Alexandria 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 the Alexandria Natl Cem, under Project No. 826CM3009. The Construction Contractor shall provide labor, material, tools, equipment, and professional supervision required for the Construction of Rostrum, Historic Wall Repairs and Renovation; In Accordance With the Solicitation Plans, Statement of Work, Drawings, Specs and Construction Documents for this Said Project, located at Alexandria National Cemetery, VA.
This is a 100% competitive Set-Aside for Service-Disabled Veteran Owned Small Business (SDVOSB) In Accordance With (IAW) the Veterans First Program, 38 USC 8127 and 8128. Only SDVOSB firms verified eligible in Vetbiz.gov, with the Certified Veteran Enterprise (CVE) Seal on their registration will beconsidered. The Vetbiz database will be checked both upon receipt of an BID and prior to Award. Firms must also have current registration in the System for Award Management (SAM.gov) database at www.Sam.gov and have completed onlineRepresentatives and Certifications prior to Award.
NOTE: Bidders Shall 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 consider
UEI NO._________________________
| CONTRACTOR'S
POC___________________________________TAX ID NO.__________________
E-MAIL:_
______________________________________ | PHONE#________________________
An organized Site Visit is scheduled for 03 July 2025 @ 1:00 P.M. (EST) in the Admin Bldg. at Alexandria Natl Cem, 1450 Wilkes Street, Alexandria, VA 22314. Please See Clause 52.236-27 for Site-Visit information. Questions shall be submitted to sheryl.palacio-davis@va.gov, NLT 22 July 2025 ( NO Exception ) at 4:00 P.M. (EST), post Site-Visit. Please See RFI Form Attached. Questions received after 22 July 2025 WILL NOT be accepted. Telephone inquiries during the Solicitation phases WILL NOT be accepted. Answers/Responses will be posted through an Amendment to the Solicitation.
1.) BID DUE DATE & TIME: 04 August 2025 @ 13:00 (1:00P.M.) EST. Electronic BIDs received after 13:00 (1:00 PM) EST.
WILL NOT Be Accepted.
2.) The Period of Performance is One Hundred and Eighty (180) Calendar Days after issuance of Notice to Proceed (NTP).
3.) IAW VAAR 836.204(f)(1); THE MAGNITUDE OF CONSTRUCTION IS BETWEEN $1,000,000.00 AND $2,000,000.00 4.) The North American Industry Classification System (NAICS) Codes: 237990 & Business Size Standard is $45 Million.
All Bid MUST be emailed to the Contracting Officer (CO) at sheryl.palacio-davis@va.gov.
Please See Section A.5 CONTRACT ADMINISTRATION DATA & Attachment No 01 for the Virtual Bid information.
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 100% Competitive Set-Aside for Service-Disabled Veteran Own Small Business (SDVOSB)*** X X 52.211-10 X 13:00
EDT
08-04-2025 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:
For the Construction of Rostrum, Historic Wall Repairs and Renovation, located at the Alexandria National Cemetery, VA.
GRAND & TOTAL BID: $ __________________________
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 X Sheryl Palacio-Davis Contracting Officer (CO) The Construction of Rostrum, Historic Wall Repairs and Renovation Project Alexandria National Cemetery, VA.
GRAND & TOTAL BID: $ __________________________
A.3 IFB SOLICITATION DESCRIPTION FOR ALEXANDRIA NATIONAL CEMETERY | IFB NO. 36C78625B0036 | FY-25
PROJECT TITLE: Rostrum, Historic Wall Repairs and Renovation
ROJECT NO: 826CM3009
CEMETERY ADDRESS: Alexandria National Cemetery 1450 Wilkes Street Alexandria, VA 22314
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 Rostrum, Historic Wall Repairs and Renovation, located at the Alexandria National Cemetery, VA.
· County of Alexandria, VA
A.4 POLICY UPDATES | FY-25 | IFB NO. 36C78625B0029
System updates may lag policy updates. The System for Award Management (SAM) may continue to require entities to complete representations based on provisions that are not included in agency solicitations. Examples include 52.222-25, Affirmative Action Compliance, and paragraph (d) of 52.212-3, Offeror Representations and Certifications—Commercial Products and Commercial Services. Contracting officers will not consider these representations when making award decisions or enforce requirements. Entities are not required to, nor are they able to, update their entity registration to remove these representations in SAM.
TABLE OF CONTENTS
| PART I - THE SCHEDULE | 1 |
| SECTION A - SOLICITATION/CONTRACT FORM | 1 |
| A.1 SF 1442 SOLICITATION, OFFER, AND AWARD (Construction, Alteration, or Repair) | 1 |
| A.2 SF 1442 SOLICITATION, OFFER, AND AWARD (CONSTRUCTION, ALTERATION, OR REPAIR)– BACK | 2 |
| ITEM INFORMATION | 7 |
| A.6 DIGNITY STANDARDS | 7 |
| INFORMATION REGARDING BIDDING MATERIAL, BID GUARANTEE AND BONDS | 14 |
| INSTRUCTIONS, CONDITIONS AND OTHER STATEMENTS TO BIDDERS/OFFERORS | 17 |
| 2.1 52.201-1 ACQUISITION 360: VOLUNTARY SURVEY (SEP 2023) | 17 |
| 2.2 52.214-31 ELECTRONIC BIDS (DEC 1989) | 17 |
| 2.3 52.216-1 TYPE OF CONTRACT (APR 1984) | 18 |
| 2.4 52.222-5 CONSTRUCTION WAGE RATE REQUIREMENTS—SECONDARY SITE OF THE WORK (MAY 2014) | 18 |
| 2.5 52.225-10 NOTICE OF BUY AMERICAN REQUIREMENT—CONSTRUCTION MATERIALS (MAY 2014) | 18 |
| 2.6 52.228-1 BID GUARANTEE (SEP 1996) | 19 |
| 2.7 52.228-17 INDIVIDUAL SURETY—PLEDGE OF ASSETS (BID GUARANTEE) (FEB 2021) | 20 |
| 2.8 52.233-2 SERVICE OF PROTEST (SEP 2006) | 20 |
| 2.9 52.236-13 ACCIDENT PREVENTION (NOV 1991) ALTERNATE I (NOV 1991) | 21 |
| 2.10 52.236-27 SITE VISIT (CONSTRUCTION) (FEB 1995) | 22 |
| 2.11 VAAR 852.219-75 VA NOTICE OF LIMITATIONS ON SUBCONTRACTING—CERTIFICATE OF COMPLIANCE FOR SERVICES AND CONSTRUCTION (JAN 2023) (DEVIATION) | 23 |
| 2.12 VAAR 852.222-71 COMPLIANCE WITH EXECUTIVE ORDER 13899 (DEVIATION)(APR 2025) | 25 |
| 2.13 52.252-1 SOLICITATION PROVISIONS INCORPORATED BY REFERENCE (FEB 1998) | 25 |
| 2.14 52.214-5 SUBMISSION OF BIDS (DEC 2016) | 26 |
| 2.15 VAAR 852.228-72 ASSISTING SERVICE-DISABLED VETERAN-OWNED AND VETERAN-OWNED SMALL BUSINESSES IN OBTAINING BONDS (DEC 2009) | 26 |
| 2.16 VAAR 852.233-71 ALTERNATE PROTEST PROCEDURE (OCT 2018) | 26 |
| 2.17 VAAR 852.233-70 PROTEST CONTENT/ALTERNATIVE DISPUTE RESOLUTION (OCT 2018) | 27 |
| 2.18 VAAR 852.239-75 INFORMATION AND COMMUNICATION TECHNOLOGY ACCESSIBILITY NOTICE (FEB 2023) | 28 |
| REPRESENTATIONS AND CERTIFICATIONS | 29 |
| 3.1 52.204-8 ANNUAL REPRESENTATIONS AND CERTIFICATIONS (JAN 2025) (DEVIATION FEB 2025) | 29 |
| 3.2 52.204-24 REPRESENTATION REGARDING CERTAIN TELECOMMUNICATIONS AND VIDEO SURVEILLANCE SERVICES OR EQUIPMENT (NOV 2021) | 33 |
| 3.3 52.204-29 FEDERAL ACQUISITION SUPPLY CHAIN SECURITY ACT ORDERS—REPRESENTATION AND DISCLOSURES (DEC 2023) | 35 |
| 3.4 52.209-7 INFORMATION REGARDING RESPONSIBILITY MATTERS (OCT 2018) | 37 |
| 3.5 52.209-13 VIOLATION OF ARMS CONTROL TREATIES OR AGREEMENTS—CERTIFICATION (NOV 2021) | 38 |
| 3.6 52.229-11 TAX ON CERTAIN FOREIGN PROCUREMENTS—NOTICE AND REPRESENTATION (JUN 2020) | 40 |
| GENERAL CONDITIONS | 42 |
| 4.1 52.204-19 INCORPORATION BY REFERENCE OF REPRESENTATIONS AND CERTIFICATIONS (DEC 2014) | 42 |
| 4.2 52.204-23 PROHIBITION ON CONTRACTING FOR HARDWARE, SOFTWARE, AND SERVICES DEVELOPED OR PROVIDED BY KASPERSKY LAB COVERED ENTITIES (DEC 2023) | 42 |
| 4.3 52.204-30 FEDERAL ACQUISITION SUPPLY CHAIN SECURITY ACT ORDERS—PROHIBITION (DEC 2023) | 43 |
| 4.4 52.209-9 UPDATES OF PUBLICLY AVAILABLE INFORMATION REGARDING RESPONSIBILITY MATTERS (OCT 2018) | 48 |
| 4.5 52.211-10 COMMENCEMENT, PROSECUTION, AND COMPLETION OF WORK (APR 1984) ALTERNATE I (APR 1984) | 49 |
| 4.6 52.211-12 LIQUIDATED DAMAGES—CONSTRUCTION (SEPT 2000) | 49 |
| 4.7 52.219-28 POSTAWARD SMALL BUSINESS PROGRAM REREPRESENTATION (JAN 2025) | 49 |
| 4.8 52.222-35 EQUAL OPPORTUNITY FOR VETERANS (JUN 2020) | 53 |
| 4.9 52.222-40 NOTIFICATION OF EMPLOYEE RIGHTS UNDER THE NATIONAL LABOR RELATIONS ACT (DEC 2010) | 53 |
| 4.10 52.225-9 BUY AMERICAN—CONSTRUCTION MATERIALS (OCT 2022) | 54 |
| 4.11 52.225-10 NOTICE OF BUY AMERICAN REQUIREMENT—CONSTRUCTION MATERIALS (MAY 2014) ALTERNATE I (MAY 2014) | 59 |
| 4.12 SUPPLEMENTAL INSURANCE REQUIREMENTS | 60 |
| 4.13 52.236-4 PHYSICAL DATA (APR 1984) | 61 |
| 4.14 52.252-2 CLAUSES INCORPORATED BY REFERENCE (FEB 1998) | 61 |
| 4.15 52.222-11 SUBCONTRACTS (LABOR STANDARDS) (MAY 2014) (DEVIATION FEB 2025) | 63 |
| 4.16 52.222-12 CONTRACT TERMINATION—DEBARMENT (MAY 2014) (DEVIATION FEB 2025) | 64 |
| 4.17 52.222-54 EMPLOYMENT ELIGIBILITY VERIFICATION (JAN 2025) | 64 |
| 4.18 FAR 52.222-6 CONSTRUCTION WAGE RATE REQUIREMENTS (AUG 2018)(DEVIATION FEB 2025) | 68 |
| 4.19 52.228-5 INSURANCE—WORK ON A GOVERNMENT INSTALLATION (JAN 1997) | 70 |
| 4.20 52.228-15 PERFORMANCE AND PAYMENT BONDS—CONSTRUCTION (JUN 2020) | 71 |
| 4.21 52.244-6DEV SUBCONTRACTS FOR COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES (JAN 2025) (DEVIATION FEB 2025) | 73 |
| 4.22 VAAR 852.219-73 VA NOTICE OF TOTAL SET-ASIDE FOR CERTIFIED SERVICE-DISABLED VETERAN-OWNED SMALL BUSINESSES (JAN 2023) (DEVIATION) | 75 |
| 4.23 VAAR 852.219-73 VA NOTICE OF TOTAL SET-ASIDE FOR VERIFIED SERVICE-DISABLED VETERAN-OWNED SMALL BUSINESSES (NOV 2022) | 78 |
| 4.24 VAAR 852.232-72 ELECTRONIC SUBMISSION OF PAYMENT REQUESTS (NOV 2018) | 81 |
| 4.25 VAAR 852.236-71 SPECIFICATIONS AND DRAWINGS FOR CONSTRUCTION (APR 2019) | 82 |
| 4.26 VAAR 852.236-79 CONTRACTOR PRODUCTION REPORT (APR 2019) | 83 |
| 4.27 VAAR 852.236-80 SUBCONTRACTS AND WORK COORDINATION (APR 2019) | 83 |
| 4.28 VAAR 852.242-70 GOVERNMENT CONSTRUCTION CONTRACT ADMINISTRATION (OCT 2020) | 84 |
| 4.29 VAAR 852.242-71 ADMINISTRATIVE CONTRACTING OFFICER (OCT 2020) | 85 |
| 4.30 VAAR 852.243-70 CONSTRUCTION CONTRACT CHANGES—SUPPLEMENT (SEP 2019) | 85 |
| 4.31 VAAR 852.246-75 WARRANTY OF CONSTRUCTION—GUARANTEE PERIOD SERVICES (OCT 2018) | 87 |
| 4.32 VAAR 852.201-70 CONTRACTING OFFICER'S REPRESENTATIVE (DEC 2022) | 87 |
| 4.33 VAAR 852.203-70 COMMERCIAL ADVERTISING (MAY 2018) | 87 |
| 4.34 VAAR 852.228-70 BOND PREMIUM ADJUSTMENT (JAN 2008) | 88 |
| 4.35 VAAR 852.246-71 REJECTED GOODS (OCT 2018) | 88 |
| ATTACHMENTS | 89 |
A.5 PRICE/COST SCHEDULE
Contractor shall provide all labor, tools, materials, equipment, services, testing. submittals, approvals, and professional supervision related work for the Construction Project, Under Project No. 826CM3009; for the Construction of Rostrum and Historic Wall Repairs and Renovation Project, located at the Alexandria National Cemetery, VA. The work Shall be completed In Accordance With (IAW) the Scope of Work (SOW), Specifications, Drawings, and this Solicitation.
ITEM INFORMATION
| ITEM NUMBER |
| DESCRIPTION OF SUPPLIES/SERVICES |
| QUNT. |
| UNIT |
| UNIT PRICE |
| AMOUNT |
| 0001 |
| BASE CONTRACT: |
Base BID: for the Construction Project, Under Project No. 826CM3009; for the Rostrum and Historic Wall Repairs and Renovation Project, Located at Alexandria National Cemetery, VA.
1. JB
TOTAL PRICE WRITTEN
TOTAL LUMP SUM
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.
A.7 CONTRACT ADMINISTRATION DATA
1) CONTRACT ADMINISTRATION: All contract administration matters will be handled by the following individuals:
a) CONTRACTOR: (TBD)
b) GOVERNMENT:
Contracting Officer (CO): Sheryl Palacio-Davis U.S. Department of Veterans Affairs National Cemetery Administration (NCA) Contracting Service (43C) 18434 Joplin Rd Triangle, VA 22172 Business NO. 1-703-630-9343 Sheryl.palacio-Davis@va.gov
2) CONTRACTOR REMITTANCE ADDRESS: Effective January 1, 1999, all payments by the Government to the Contractor will be made in accordance with Federal Acquisition Regulation (FAR) Clause 52.232-34, Payment by Electronic Funds Transfer. Contractor must be registered in the System for Award Management (SAM) database in accordance with FAR Clause 52.212-1(k).
3) INVOICES: Invoices shall be submitted within ten (10) business days after performance and acceptance of services and must include the VA Project Number, Contract Number, Purchase Obligation Number, Dates of Service, Detailed description of the services provided and Total Amount Due. Payment for services provided under the terms of this contract will be made in arrears, within thirty (30) calendar days, upon receipt of properly executed invoice(s) in accordance with:
· 852.232-72 ELECTRONIC SUBMISSION OF PAYMENT REQUESTS (NOV 2012)
· UPON ACCEPTANCE OF SERVICES
· In order to comply with the Improper Payment Elimination and Recovery Act of 2010 (IPERA), the VA has mandated electronic invoice submission to the Veterans Affairs Financial Services Center (VAFSC). VAFSC has partnered with OB10 e-Invoicing network, for submissions of all electronic invoices to VA. OB10 electronic invoicing is free to all VA vendors. In order to submit electronic invoices, all VA vendors must register with OB10 by submitting an email to VA.Registration@ob10.com or calling 1-877-752-0900 option 2 for Enrollment.
· Contractor shall submit an electronic invoice within ten (10) business days after performance and acceptance of services to the Veterans Affairs Financial Services Center (VAFSC) e-Invoice through the website at https://portal.tungsten-network.com/Login.aspx . For questions regarding the submission of VA electronic invoices, OB10 customer service may be contacted at 1-877-489-6135.
· All invoices shall reference the vendor’s name and address, customer name, contract number, appropriate obligation/funding order number, description of services provided, quantity provided, unit price, and total invoice amount (any additional info). Invoices shall also include any payment discount terms.
· For questions regarding invoice receipt or payment, please call VAFSC directly at 1-877-353-9791 or email vafsccshd@va.gov.
4) GOVERNMENT INVOICE ADDRESS: All invoices from the Contractor shall be submitted electronically in accordance with VAAR Clause 852.232-72 “Electronic Submission of Payment Requests.” to the following web address: http://www.fsc.va.gov/einvoice.asp.
5) FACSIMILE, E-MAIL, AND SCANNED DOCUMENTS ARE NOT ACCEPTABLE FORMS OF SUBMISSION FOR PAYMENT REQUESTS.
For assistance setting up e-Invoice, the below information is provided:
*Tungsten Network e-Invoice Setup Information: 1-877-489-6135 *Tungsten Network e-Invoice email: VA.Registration@ob10.com http://VA.Registration@ob10.com/>
* FSC e-Invoice Contact Information: 1-877-353-9791
* FSC e-invoice email: vafsccshd@va.gov <http://va.gov/>
6) ACQUISITION: Total (100%) Service-Disabled Veteran Owned Small Business (SDVOSB) Set-Aside: This is a solicitation for construction services prepared In Accordance With (IAW) the format in FAR Part 14 and FAR Part 36. The contract will be awarded by Government to furnish those construction tasks as stated in the SOW, Specs and Drawings. The Government anticipates awarding this solicitation as a Firmed Fixed-Price (FFP) Contract
7) HISTORICAL DATA:
Incumbent Contractor: NONE
8) TYPE OF CONTRACT: This is a Firm Fixed-Price (FFP) Contract In Accordance With (IAW) FAR 52.216-1 Type of Contract.
9) CONTRACT AWARD: The contract will become effective as soon as practical with no additional cost to the Government for any elapsed time from the original effective date. It is also, understood and agreed that the effective date of this contract will be contingent upon the availability of appropriated funds and in the event, appropriations are not available.
10) CONTRACT AUTHORITY: The Contracting Officer acting within the scope of the contract and his/her duties and responsibilities is the only person authorized to approve changes or modify any of the requirements of this request. The Contractor shall communicate with the Contracting Officer (CO) on all matters pertaining to Contract Administration. Only the Contracting Officer (CO) is authorized to make commitments or issue changes that affect pricing, quantities or quality of performance, delivery terms and conditions, or the term of the contract.
11) CONTRACTING OFFICER’S REPRESENTATIVE: Notwithstanding the Contractor’s responsibility for total management during the performance of the contract, the administration of the contract will require maximum coordination between the Government and the Contractor. The Contracting Officer will designate a Contracting Officer’s Representative (COR) for the project, of which all work coordination shall be made through the COR. The Contractor shall be provided a copy of the COR’s Delegation of Authority letter outlining the scope of the COR’s duties and responsibilities. No other person shall be authorized to act in such capacity unless appointed in writing by the Contracting Officer.
12) SITE VISIT: See 52.236-27 for Site Visit information.
13) PRE-CONSTRUCTION CONFERENCE: Prior to commencement of work, Contractor shall attend a pre-construction conference to assure that all parties understand all contractual obligations and the role that each party serves.
14) FEDERAL HOLIDAYS:
| January |
| New Year’s Day & Martin Luther King’s Birthday |
| February |
| President’s Day |
| May |
| Memorial Day |
| June |
| Juneteenth Independence Day |
| July |
| Independence Day |
| September |
| Labor Day |
| October |
| Columbus Day |
| November |
| Veterans Day & Thanksgiving Day |
| December |
| Christmas Day |
Including any other day specifically declared by the President of the United States to be a National Holiday.
15) RELEASE OF CLAIMS: After completion of work and prior to final payment, the Contractor shall furnish the Contracting Officer with a release of claims against the United States relation to the contract. The Release of Claims form provided by the CO shall be used for this purpose. The form provides for exception of specified claims from the operation of release. A Copy of the Release of Claims will be issued upon the Contract Award (TBD).
16) SUBMITTAL OF BIDS: All Bid must be emailed to Contracting Officer Ms. Sheryl Palacio-Davis at sheryl.palacio-davis@va.gov. The eMail subject line MUST be addressed as follows:
BID for Alexandria National Cemetery | IFB No. 36C78625B0036 | Company’s Name | Project No. 826CM3009 | FY-25.
17) VIRTUAL BID OPENING: A public Virtual Bid Opening will occur on 04 August 2025 @ 1300 (EST), by telephone conference using the following: (See Attachment #01).
Call Line: 1-872-701-0185 Conference ID: 394731289#.
0. All Bids shall be submitted electronically via email to the attention of the Contracting Officer sheryl.palacio-davis@va.gov (Government’s email address).
0. All Interested Bidders should register on the Department of Veterans Affairs eCMS Vendor Portal at https://www.vendorportal.ecms.va.gov.
0. Bidders 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 interested bidder is unable to submit a bid through the Department of Veterans Affairs eCMS Vendor Portal domain, prior to the bid closing date, contact the VAAS helpdesk at 1-877-634-3739, or via email at VA.Acquisition.Systems@va.gov.
0. DO NOT wait until the last day to submit bid documents. Bidders are highly encouraged to submit bid packages 3-4 hours in advance of the time specified to avoid system lock outs.
0. Document /transmittal naming convention. Solicitation number, Project Description, and Company name. EXAMPLE: 36C78623B0036, Rostrum, Historical Wall Repairs and Renovation _ ABC 123 Corp.
0. Bid package shall be one (1) pdf document combining the following minimum required documents:
· Completed blocks 14-20c on the back of the SF 1442, ensuring full completion of all blocks;
· Completed Contract Administration Data sheet identifying the Company name and address, POC name, Phone number, eMail address, and Company’s Unique Entity ID / DUNS numbers;
· Completed Price/Cost Schedule;
· Completed Contractor Cost Estimate Worksheet (Attached).
· Completed, signed and attached SF30 Amendments (if applicable);
· Completed Attachment - Limitations of Subcontracting Cert (Attached).
· Attached scanned digital copy of the Bid Bond (if applicable); (ensure to lightly darken raised seals).
NO FAX/ FACSIMILE SUBMITTED BIDS WILL BE ACCEPTED.
· Bids shall be subject to the terms and conditions of the solicitation.
18) QUESTIONS: All questions regarding this solicitation must be submitted in writing (email is acceptable) to: Ms. Sheryl Palacio-Davis at sheryl.palacio-davis@va.gov. Any prospective Bidder desiring an explanation or interpretation of the solicitation, drawings, specifications, etc., must request it in writing (Please See RFI Doc Attachment). No phone requests will be accepted. NOTE: All questions must reference the Solicitation number, Project number (if applicable) and the Description of the project in the Header or Opening Statement.
(END OF ADMINISTRATION DATA)
INFORMATION REGARDING BIDDING MATERIAL, BID GUARANTEE AND BONDS
· INFORMATION REGARDING:
· AMENDMENTS
· BIDDING MATERIAL |BID GUARANTEE |BONDS
· VIRTUAL BID INSTRUCTIONS
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 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.
2.) BID SUBMISSION: All Bid must be emailed to Contracting Officer Ms. Sheryl Palacio-Davis at sheryl.palacio-davis@va.gov.
· NOTE: The eMail subject line MUST be addressed as follows: BID for Alexandria National Cemetery | IFB No. 36C78625B0036 | Company’s Name | Project No. 826CM3009 - FY-25.
· BID package shall be submitted via email to the Contracting Officer as detailed above. Late or incomplete Bids WILL be considered to be Nonresponsive. Offers are NOT authorized to submit bid packages by US mail; CD versions; Fax.
3.) DOCUMENT NAMING CONVENTION. BID for Alexandria National Cemetery | IFB No. 36C78625B0036 | Company’s Name | Project No. 826CM3009 - FY-25
· BID package shall be One (1) PDF document combining the following minimum required documents in the following order:
· Company’s cover letter with Solicitation number, POC name, phone number, email address, and UEI Number.
· Completed front and back blocks 14-20 of the SF 1442 and signed block 20b Completed Price Cost Schedule “A.5” Pricing for each CLIN and Grand Total.
· Completed Attachment of the IFB Contractor Cost Estimate Worksheet (Please see Attachment list).
· Complete and signed SF30 Amendments.
· Complete and sign Limitations of Subcontracting Cert (Please see Attachment list).
4.) PROVISION:
(a) Bidding materials consisting of Invitation for Bids, drawings, specifications and contract forms will be available on https://sam.gov/ in electronic format only by searching for the respective solicitation number. All interested parties (subs & primes) should register at https://sam.gov/ as an “Interested Vendor” so that others will know of our interest in participating in this procurement. A Bidder’s mailing list WILL NOT BE prepared by the Contracting Officer. SOLICITATION AMENDMENTS: Amendments to the solicitation will be posted at https://sam.gov/. Paper copies of the amendments will NOT be individually mailed. By registering to “Receive Notification”, you will be notified by e-mail of any new amendments that have been issued and posted. No other notification of amendments will be provided. Bidders are reminded that they are responsible for obtaining and acknowledging all amendments to this solicitation prior to the time for receipt of bids.
(b) If Bid exceeds $150,000 a Bid Bond must be submitted. A Bid Guarantee is required in an amount not less than 20 percent of the bid price but shall not exceed $3,000,000. Failure to furnish the required bid guarantee in the proper form and amount, by the time set for opening of bids, will require rejection of the bid in all cases except those listed in FAR 28.101-4, and may be cause for rejection even then.
(c) If the Bid is between $30,000 and $150,000. The Bidder to whom an award is made will be required to furnish a Payment Bond, Standard Form 25A or alternative payment protection which conforms to the requirements set forth in FAR Clause 52.228-13, Alternative Payment Protections, as noted in the General Conditions of this Specification. Copies of the Standard Form of Payment Bond may be obtained upon application to the Issuing Office.
(d) If the contract will exceed $150,000 (see FAR 28.102-1 for lesser amount), the bidder to whom award is made will be required to furnish two (2) bonds, a Payment Bond, SF 25A, and a Performance Bond, SF 25, each in the penal sum as noted in the General Conditions of the Specification. Copies of SFs 25 and 25A may be obtained upon application to the issuing office.
(End of Provision)
INSTRUCTIONS, CONDITIONS AND OTHER STATEMENTS TO BIDDERS/OFFERORS
2.1 52.201-1 ACQUISITION 360: VOLUNTARY SURVEY (SEP 2023)
(a) All actual and potential offerors are encouraged to provide feedback on the preaward and debriefing processes, as applicable. Feedback may be provided to agencies up to 45 days after award. The feedback is anonymous, unless the participant self-identifies in the survey. Actual and potential offerors can participate in the survey by selecting the following link: https:// www.acquisition.gov/360.
(b) The Contracting Officer will not review the information provided until after contract award and will not consider it in the award decision. The survey is voluntary and does not convey any protections, rights, or grounds for protest. It creates a way for actual and potential offerors to provide the Government constructive feedback about the preaward and debriefing processes, as applicable, used for a specific acquisition.
(End of Clause)
2.2 52.214-31 ELECTRONIC BIDS (DEC 1989)
(a) Definition. "Electronic bid," as used in this solicitation, means a bid, modification of a bid, or withdrawal of a bid that is transmitted to and received by the Government via electronic equipment that communicates and reproduces both printed and handwritten material.
(b) Bidders may submit Electronic bids as responses to this solicitation. These responses must arrive at the place and by the time, specified in the solicitation.
(c) Electronic bids that fail to furnish required representations or information or that reject any of the terms, conditions, and provisions of the solicitation may be excluded from consideration.
(d) Electronic bids must contain the required signatures.
(e) The Government reserves the right to make award solely on the Electronic bid. However, if requested to do so by the Contracting Officer, the apparently successful bidder agrees to promptly submit the complete original signed bid.
(f) Electronic receiving data and compatibility characteristics are as follows:
(1) Receiving email address.
(g) If the bidder chooses to transmit an Electronic bid, the Government will not be responsible for any failure attributable to the transmission or receipt of the Electronic bid including, but not limited to, the following:
(1) Receipt of garbled or incomplete bid.
(2) Availability or condition of the receiving Electronic equipment.
(3) Incompatibility between the sending and receiving equipment.
(4) Delay in transmission or receipt of bid.
(5) Failure of the bidder to properly identify the bid.
(6) Illegibility of bid.
(7) Security of bid data.
(End of Provision)
2.3 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)
2.4 52.222-5 CONSTRUCTION WAGE RATE REQUIREMENTS—SECONDARY SITE OF THE WORK (MAY 2014) (a)(1) The offeror shall notify the Government if the offeror intends to perform work at any secondary site of the work, as defined in paragraph (a)(1)(ii) of the FAR clause at 52.222-6, Construction Wage Rate Requirements, of this solicitation.
(2) If the offeror is unsure if a planned work site satisfies the criteria for a secondary site of the work, the offeror shall request a determination from the Contracting Officer.
(b)(1) If the wage determination provided by the Government for work at the primary site of the work is not applicable to the secondary site of the work, the offeror shall request a wage determination from the Contracting Officer.
(2) The due date for receipt of offers will not be extended as a result of an offeror's request for a wage determination for a secondary site of the work.
(End of Provision)
2.5 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)
2.6 52.228-1 BID GUARANTEE (SEP 1996)
(a) Failure to furnish a bid guarantee in the proper form and amount, by the time set for opening of bids, may be cause for rejection of the bid.
(b) The bidder shall furnish a bid guarantee in the form of a firm commitment, e.g., bid bond supported by good and sufficient surety or sureties acceptable to the Government, postal money order, certified check, cashier's check, irrevocable letter of credit, or, under Treasury Department regulations, certain bonds or notes of the United States. The Contracting Officer will return bid guarantees, other than bid bonds—
(1) To unsuccessful bidders as soon as practicable after the opening of bids; and
(2) To the successful bidder upon execution of contractual documents and bonds (including any necessary coinsurance or reinsurance agreements), as required by the bid as accepted.
(c) The amount of the bid guarantee shall be 20% percent of the bid price or , whichever is less.
(d) If the successful bidder, upon acceptance of its bid by the Government within the period specified for acceptance, fails to execute all contractual documents or furnish executed bond(s) within 10 days after receipt of the forms by the bidder, the Contracting Officer may terminate the contract for default.
(e) In the event the contract is terminated for default, the bidder is liable for any cost of acquiring the work that exceeds the amount of its bid, and the bid guarantee is available to offset the difference.
(End of Provision)
2.7 52.228-17 INDIVIDUAL SURETY—PLEDGE OF ASSETS (BID GUARANTEE) (FEB 2021)
(a) Offerors shall obtain from each person acting as an individual surety on a bid guarantee—
(1) A pledge of assets that meets the eligibility, valuation, and security requirements described in the Federal Acquisition Regulation (FAR) 28.203–1; and
(2) Standard Form 28, Affidavit of Individual Surety.
(b) The Offeror shall include with its offer the information required at paragraph (a) of this provision within the timeframe specified in the provision at FAR 52.228–1, Bid Guarantee, or as otherwise established by the Contracting Officer.
(c) The Contracting Officer may release the security interest on the individual surety’s assets in support of a bid guarantee based upon evidence that the offer supported by the individual surety will not result in contract award.
(End of Provision)
2.8 52.233-2 SERVICE OF PROTEST (SEP 2006)
Protests, as defined in section 33.101 of the Federal Acquisition Regulation, that are filed directly with an agency, and copies of any protests that are filed with the Government Accountability Office (GAO), shall be served on the Contracting Officer (addressed as follows) by obtaining written and dated acknowledgment of receipt from:
Contracting Officer Hand-Carried Address:
Department of Veterans Affairs National Cemetery Administration Contracting Services 18434 Joplin Road Triangle, VA 22172
Mailing Address:
Department of Veterans Affairs National Cemetery Administration Contracting Services 18434 Joplin Road Triangle, VA 22172
(b) The copy of any protest shall be received in the office designated above within one day of filing a protest with the GAO.
(End of Provision)
2.9 52.236-13 ACCIDENT PREVENTION (NOV 1991) ALTERNATE I (NOV 1991)
(a) The Contractor shall provide and maintain work environments and procedures which will—
(1) Safeguard the public and Government personnel, property, materials, supplies, and equipment exposed to Contractor operations and activities;
(2) Avoid interruptions of Government operations and delays in project completion dates; and
(3) Control costs in the performance of this contract.
(b) For these purposes on contracts for construction or dismantling, demolition, or removal of improvements, the Contractor shall—
(1) Provide appropriate safety barricades, signs, and signal lights;
(2) Comply with the standards issued by the Secretary of Labor at 29 CFR Part 1926 and 29 CFR Part 1910; and
(3) Ensure that any additional measures the Contracting Officer determines to be reasonably necessary for the purposes are taken.
(c) If this contract is for construction or dismantling, demolition or removal of improvements with any Department of Defense agency or component, the Contractor shall comply with all pertinent provisions of the latest version of U.S. Army Corps of Engineers Safety and Health Requirements Manual, EM 385-1-1, in effect on the date of the solicitation.
(d) Whenever the Contracting Officer becomes aware of any noncompliance with these requirements or any condition which poses a serious or imminent danger to the health or safety of the public or Government personnel, the Contracting Officer shall notify the Contractor orally, with written confirmation, and request immediate initiation of corrective action. This notice, when delivered to the Contractor or the Contractor's representative at the work site, shall be deemed sufficient notice of the noncompliance and that corrective action is required. After receiving the notice, the Contractor shall immediately take corrective action. If the Contractor fails or refuses to promptly take corrective action, the Contracting Officer may issue an order stopping all or part of the work until satisfactory corrective action has been taken. The Contractor shall not be entitled to any equitable adjustment of the contract price or extension of the performance schedule on any stop work order issued under this clause.
(e) The Contractor shall insert this clause, including this paragraph (e), with appropriate changes in the designation of the parties, in subcontracts.
(f) Before commencing the work, the Contractor shall—
(1) Submit a written proposed plan for implementing this clause. The plan shall include an analysis of the significant hazards to life, limb, and property inherent in contract work performance and a plan for controlling these hazards; and
(2) Meet with representatives of the Contracting Officer to discuss and develop a mutual understanding relative to administration of the overall safety program.
(End of Clause)
2.10 52.236-27 SITE VISIT (CONSTRUCTION) (FEB 1995)
(a) The clauses at 52.236-2, Differing Site Conditions, and 52.236-3, Site Investigations and Conditions Affecting the Work, will be included in any contract awarded as a result of this solicitation. Accordingly, offerors or quoters are urged and expected to inspect the site where the work will be performed.
(b) An organized Site Visit has been scheduled for 03 July 2025 @1300 (1:00 P.M.) EST.
CEMETERY’S ADDRESS:
Alexandria National Cemetery 1450 Wilkes Street.
Alexandria, VA 22314
(c) Participants will meet at the Alexandria National Cemetery.
(d) Contractor is NOT allowed to contact the POC regarding this Solicitation.
**Any contact with the POC will be regarding this Said scheduled Site Visit ONLY….**
CEMETERY POCs’:
· Mr. Damion Jacobs (Acting Cem Director @ Quantico Natl Cem) | damion.jacobs@va.gov | 1- 703-221-2183
TECHNICAL COR:
· Mr. Michael, Borgman (Engineer / Construction & Design Services) 1-202-632-6516 | michael.borgman@va.gov
2.11 VAAR 852.219-75 VA NOTICE OF LIMITATIONS ON SUBCONTRACTING—CERTIFICATE OF COMPLIANCE FOR SERVICES AND CONSTRUCTION (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:
(i) [] Services. In the case of a contract for services (except construction), the contractor 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. Other direct costs may be excluded to the extent they are not the principal purpose of the acquisition and small business concerns do not provide the service as set forth in 13 CFR 125.6.
(ii) [] General construction. In the case of a contract for general construction, the contractor will not pay more than 85% 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 85% subcontract amount that cannot be exceeded. Cost of materials are excluded and not considered to be subcontracted.
(iii) [] Special trade construction contractors. In the case of a contract for special trade contractors, the contractor will not pay more than 75% 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 75% subcontract amount that cannot be exceeded. Cost of materials are excluded and not considered to be subcontracted.
(2) 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.
(3) 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…
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