RFQ 36C78626Q50057 Questions and Answers.docx

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Attached to
Grounds Maintenance Services - Kerrville National Cemetery
Solicitation number
36C78626Q50057
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This is a Questions and Answers document for RFQ 36C78626Q50057, addressing clarification on self-performance standards for Service-Disabled Veteran-Owned Small Business (SDVOSB) and Veteran-Owned Small Business (VOSB) firms. The document resolves a potential inconsistency raised by an offeror regarding two conflicting performance requirements stated in the solicitation: a Public Law 116-183 requirement mandating 51% self-performance by Veterans First small businesses, and VAAR clause 852.219-73 establishing a 50% threshold for payments to non-VIP-listed SDVOSBs. The government's response clarifies that both requirements are not mutually exclusive and can coexist within the same procurement, with Public Law 116-183 requiring self-certification of compliance and VAAR clause 852.219-73 providing notice of set-aside criteria for SDVOSB consideration.

This Questions and Answers document does not contain information regarding required products or services, response dates, pricing terms, or other substantive procurement details. It serves solely as a clarification document on contractual compliance requirements for eligible veteran-owned small businesses responding to the underlying grounds maintenance services solicitation.

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Questions and Answers RFQ 36C78626Q50057 Q: The solicitation appears to contain two different self‑performance standards for SDVOSB/VOSB firms.

1. Page 3 – Volume A Requirements:

States that in accordance with Public Law 116‑183, a Veterans First small business must certify in writing that the firm will perform 51% of the work, and that failure to comply makes the offeror ineligible for award.

1. Pages 8–9 – 852.219‑73:

States that a contractor may not pay more than 50% of the amount paid by the Government to firms that are not VIP‑listed SDVOSBs.

These requirements appear inconsistent with each other. Our understanding is that the 852.219‑73 standard is the current regulatory requirement, and that the 51% language on page 3 does not align with the regulation.

Could you please confirm which standard applies to this procurement?

A: The requirements are not inconsistent with each other. Public Law 116-183 requires self-certification: The Secretary may award a contract under this section only after the Secretary obtains from the offeror a certification that the offeror will comply with the requirements described in paragraph (1)(A) if awarded the contract. VAAR clause 852.219-73 provides notice of set-aside and establishes criteria for consideration as a SDVOSB. There is some overlap in language, but they are not mutually exclusive clauses.

File details come from the government source that posted it. Updated .