Combined Synopsis Solicitation_36C78624Q0085.pdf

GENERAL INFORMATION:

Document Type:

Solicitation Number:

Post Date:

Original Response Date:

Applicable NAICS:

PSC:

Set Aside Type:

Issuing Contracting Office:

Place of Performance:

Attachments:

Combined Synopsis Solicitation

36C78624Q0085

08/12/2024

08/26/2024 at 4:00 pm EST

327390

Service-Disabled Veteran Owned Small Business (SDVOSB)

Department of Veterans Affairs National Cemetery Administration, Contract Services 18434 Joplin Road Triangle, VA 22172

Calverton National Cemetery 210 Princeton Blvd Calverton, NY 11933-1031

A – Statement of work B - Pricing Schedule C – Past Performance Questionnaire D – SCLS Wage Determination 2015-4157 Rev 25

This is a combined synopsis/solicitation for commercial services prepared in accordance with the format in Subpart 12.6, as supplemented with additional information included in this notice. This announcement constitutes the only solicitation; quotes are being requested and a written solicitation will not be issued.

This solicitation is issued as a Request for Quotation (RFQ), solicitation number 36C78624Q0085.

This solicitation incorporates provisions and clauses in effect through Federal Acquisition Circular (FAC) 2024-05 with an effective date of 05/22/2024.

NORTH AMERICAN INDUSTRIAL CLASSIFICATION SYSTEM (NAICS) CODE:

The (NAICS) code for this procurement is 327390. The business size standard in number of employees is 500.

PRICE SCHEDULE: See Attachment B. The schedule price for each CLIN should be all-inclusive, including all supervision, labor, equipment, materials, and supplies. Pricing shall be FOB Destination and in accordance with the Statement of Work and Terms and Conditions of this Combined Synopsis/Solicitation.

Offerors shall enter the unit price and total amounts for each CLIN as indicated in the schedule – Attachment B. In the event the Offeror did not add the total estimated price correctly, the Government will utilize the unit price(s) to compute the correct total estimated price.

DESCRIPTION OF REQUIREMENT: See Statement of Work at Attachment A.

CONTRACT DATES: The period of performance will be one (1) base year and two (2) one-year options from the date of award.

DELIVERY/ACCEPTANCE LOCATION: The delivery and acceptance location will be at the Place of Performance address listed on page 1 of this Combined Synopsis/Solicitation.

CONTRACT TYPE: This notice shall not be construed as a commitment by the Government to ultimately award a contract, nor does it restrict the Government to a particular acquisition approach.

The U.S. Department of Veteran Affairs, National Cemetery Administration, anticipates the award of a Firm Fixed Priced (FFP) Indefinite-Delivery Indefinite Quantity contract with a base plus two option years for concrete grave liner delivery and installation.

PRE-BID SITE VISIT: Offerors are urged and expected to inspect all sites where services are to be performed and to satisfy themselves regarding all general and local conditions that may affect the cost of contract performance. In no event shall failure to inspect one or all sites constitute grounds for a claim after contract award. If you plan to conduct a site visit/inspection of Calverton National Cemetery there is a site visit scheduled for this requirement on Monday, August 19, 2024 @ 9:00 a.m. EST. * No additional site-visits or individual tours will be scheduled.

Interested prospective offerors should attend the scheduled site visit. Please meet in the Administration Building to meet Patrick Herring for a brief reception.

All questions resulting from the site visit should be sent to the Contract Specialist by following the instructions in the “RFQ QUESTIONS” section of this Combined Synopsis Solicitation. The Contract Specialist will then issue an amendment(s) answering all the questions received by the question due date.

Potential Offerors are responsible for checking SAM.gov for issued Amendments to this Combined Synopsis Solicitation.

PAYMENT: All payments by the Government to the Contractor will be made in accordance with:

[X] 52.232-33, Payment by Electronic Funds Transfer – System for Award Management (OCT 2018)

INSTRUCTIONS TO OFFERORS: All prospective offerors must be registered with the System for Award Management (SAM) website and complete the Online Representations and Certifications at SAM.gov prior to the solicitation close date. Failure to comply will result in the Offeror being considered non-responsive.

Service-Disabled Veteran Owned Small Business (SDVOSB) socio-economic category concerns MUST also have an active/current registration with SBA VetCert (www.veterans.certify.sba.gov). Failure to comply will result in the Offeror being considered non-responsive.

QUOTATION FORMAT AND SUBMITTAL INFORMATION: Quotes must be submitted on company letterhead in either Microsoft or Adobe pdf platforms and submitted by email to the individuals listed in the Response to Request for Quotation (RFQ) section of this Combined Synopsis Solicitation.

Quoters are hereby advised that any Offeror-imposed terms and conditions which deviate from the https://sam.gov/content/home http://www.veterans.certify.sba.gov/

Government’s terms and conditions, may render the Offeror’s quote Unacceptable, and thus ineligible for award.

All quotes shall include the following information as part of their submission:

Volume A

• Legal Business/Company Name (as listed in SAM.gov)

• Unique Entity ID (UEI)

• Point of Contact

• Telephone Number

• Email Address

• Signed and dated copy of each Amendment, if applicable

• Completed Price Schedule (Attachment B)

Volume B

• Technical Package – Copies of work plan/staffing plan, contractor/sub-contractor experience, Key Personnel resumes, material specifications of Commercial Item, insurance, and any information to support compliance with the technical requirements of the Statement of Work.

• Past Performance Questionnaires (Attachment C)

• Completed copies of the following Provisions are required (these are not included on SAM.gov):

o FAR 52.204-24 Representations Regarding Certain Telecommunications and Video Surveillance Services or Equipment o FAR 52.212-3 Offeror Representations and Certifications-Commercial Products and Commercial Services (if not completed on SAM.gov) o FAR 52.223-22 Public Disclosure of Greenhouse Gas Emissions and Reduction Goals- Representation (if not completed on SAM.gov) o FAR 52.229-11 Tax on Certain Foreign Procurements – Notice and Representation

• Completed copy of VAAR 852.219-75 VA Notice of Limitations on Subcontracting – Certificate of Compliance for Services and Construction (Nov 2022)

• Completed copy of VAAR 852.219-76 VA Notice of Limitations on Subcontracting – Certificate of Compliance for Supplies or Products (Nov 2022)

*NOTE – It is the responsibility of the Offeror to ensure they have completed all other annual representations and certification provisions electronically in the System for Award Management (SAM) accessed through https://sam.gov.

RFQ QUESTIONS: All questions regarding this solicitation are to be submitted to the Contract Specialist, via email, no later than 12:00 pm EST, Wednesday, August 21, 2024. Questions pertaining to this announcement shall be sent by email to: sarah.poole1@va.gov. Telephone inquiries will not be accepted. Amendments will be issued to answer all questions that are submitted.

RESPONSE TO REQUEST FOR QUOTATION (RFQ): Quotes are due to the Contract Specialist and Contracting Officer no later than 4:00 pm EST on August 26, 2024. Email responses to Sarah.Poole1@va.gov and April.Graves@va.gov. Responses to this announcement will result in a Firm Fixed Priced (FFP) Indefinite-Quantity Indefinite Delivery Contract with a base plus two (2) option years.

All information submitted in response to this announcement is voluntary and the Government will not pay for information provided nor will it compensate any respondent for any cost incurred in developing information provided for the Government. Offerors are responsible for obtaining any and all amendments mailto:sarah.poole1@va.gov mailto:Sarah.Poole1@va.gov mailto:April.Graves@va.gov or additional information concerning this announcement at SAM.gov. Failure to provide a signed amendment as part of the quotation submission will result in being considered ineligible.

EVALUATION PROCESS: Per FAR 13 Simplified Acquisition process, the Government intends to award a Firm Fixed Priced (FFP) Indefinite Delivery Indefinite Quantity contract resulting from this Solicitation to the responsible Offeror whose Offer/Quote provides the best benefit to the Government, price and other factors considered. Quotations/Offers will be evaluated by performing a comparative evaluation in accordance with FAR 13.106-2(b)(3) and Addendum to FAR 52.212-2 Evaluation – Commercial Products and Commercial Services (Nov 2021) to determine which response represents the “best” as a whole.

Quotations/Offerors will be evaluated by performing a direct comparison of one Quotation/Offer with another in a uniform manner to determine which Quotation/Offer provides the government with its needs, as identified in the RFQ. The government reserves the right to consider a response that Quotes or Offers more than the minimum and select that response if it provides a benefit to the government. The government has the discretion to accept other than the lowest priced Quoter/Offer that provides additional benefits. The government also has the discretion to make an award based on whether the lowest priced of the Quotation/Offer having the highest past performance rating possible represents the best benefit to the government.

Factors of Evaluation are as follows:

Price:

Price will be evaluated for reasonableness.

Technical Qualifications

Offer shall be evaluated in accordance with the criteria contained in the Statement of Work and on how well the technical approach meets the Government requirements. Technical approach will be evaluated for the following:

1. The Contractor shall provide a Work Plan that is suitable to perform this service effectively and safely. Plan must include list of equipment/vehicles to be used, licenses, and permits.

2. Demonstrate experience in performing this requirement. This should include identification of any sub-contractor(s) to be used in performance of the contract and their experience as well.

3. Contractor shall provide the following information, and as applicable, in accordance with Commercial Item Description NO. A-A-30194 (Attachment A of the Statement of Work):

• Type of material/materials used in production of grave liners.

• Material Specifications of all concrete grave liners.

• Methods of construction of all concrete grave liners.

• Design Documentation of all concrete grave liners meeting all salient characteristics described within Attachment A.

https://sam.gov/content/home

• Certification of Compliance & Analysis for materials noted in Salient Characteristics to be used in construction of grave liners to meet all specified standards and equality requirements described within Attachment A.

4. Proof of the following insurance [In accordance with FAR 52.228-5 Insurance – Work on

Government Installation (Jan 1997)]:

o Bodily Injury Liability coverage of at least $500,000 per occurrence.

o Property Damage Liability coverage of at least $100,000 per occurrence.

Past Performance

Past performance shall be evaluated based on the Offer’s technical qualifications on projects within the last five (5) years that are comparable in size, complexity, and scope. Past Performance information shall be obtained by the following methods:

1. The Contracting Officer’s knowledge of previous experience with the supply or service being acquired.

2. Offeror submitted past performance questionnaires (Attachment C). Offeror shall submit no more than two.

3. The Contractor Performance Assessment Reporting System (CPARS) at https://www.cpars.gov;

or any other reasonable basis.

CONTRACT MINIMUM/MAXIMUM VALUES: The guaranteed minimum amount for the life of the contract is $350,000. The maximum aggregate value of the contract, inclusive of the three, one-year ordering periods, shall not exceed $4,000,000. The Government does not guarantee that it will place any orders under this contract in excess of the guaranteed minimum amount.

Task Orders may be executed any time during the term of the IDIQ; however, each task order shall not exceed twelve (12) months.

POST AWARD CONFERENCE: A Post-Award conference will be scheduled by the Contract Specialist to discuss the requirements with the Awardee and all other stakeholders.

CONTRACT CLAUSES AND SOLICITATION PROVISIONS:

DIGNITY CLAUSE

Respect for Headstones and Markers in National Cemeteries

Handling of Markers and Headstones

Every action by contractor personnel at a national cemetery must be performed with the special care, reverence, dignity, and respect that acknowledges the cemetery as the final resting place that commemorates the service and sacrifice that 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.

https://www.cpars.gov/

a. Contractors cannot walk, stand, lean, sit or jump on headstones or markers. Nor can they drive over them.

b. No tools, equipment or other items will be placed or leaned on headstones or markers.

c. Use care not to scratch or damage markers in any manner.

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 (e.g., casket or urn), or outer burial container, the contractor must contact the COR, Director/Assistant Director, or Contracting Officer (CO) for guidance.

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

The contractor is required to discuss the guidance with employees and/or subcontractors.

(End of Clause)

52.212-4 Contract Terms and Conditions-Commercial Items (Oct 2018) Addendum to FAR 52.212-4 Clauses in corporate by reference in numeric order starting with FAR and followed by VAAR.

The following solicitation clauses apply to this acquisition:

52.252-2 Clauses Incorporated by References (FEB 1998). The full text of FAR/VAAR clauses may be accessed electronically at:

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

FAR 52.204-13 System for Award Management Maintenance (Oct 2018) FAR 52.204-18 Commercial and Government Entity Code Maintenance (Aug 2020) FAR 52.216-18 Ordering (Aug 2020) FAR 52.216-22 Indefinite Quantity (Oct 1995) FAR 52.223-5 Pollution Prevention and Right-to-Know Information (May 2024) FAR 52.223-10 Waste Reduction Program (May 2024) FAR 52.228-5 Insurance-Work on a Government Installation (Jan 1997) FAR 52.232-19 Availability of Funds for the Next Fiscal Year (Apr 1984) FAR 52.237-2 Protection of Government Buildings, Equipment, and Vegetation (APR 1984) FAR 52.237-3 Continuity of Services (Jan 1991) VAAR 852.201-70 Contracting Officer’s Representative (Dec 2022) VAAR 852.203-70 Commercial Advertising (May 2018) VAAR 852.232-72 Electronic Submission of Payment Requests (Nov 2018) VAAR 852.237-75 Key Personnel (Oct 2019) VAAR 852.242-71 Administrative Contracting Officer (Oct 2020) VAAR 852.246-71 Rejected Goods (Oct 2018) VAAR 852.247-72 Marking Deliverables (Oct 2018) https://www.acquisition.gov/browse/index/far http://www.va.gov/oal/library/vaar/

End of Addendum to 52.212-4

52.212-5 Contract Terms and Conditions Required to Implement Statues or Executive Orders- Commercial Items (Oct 2019)

• Applicable Clauses within 52.212-5 are: (b)(1), (b)(4), (b)(5), (b)(9), (b)(12), (b)(13), (b)(18), (b)(20), (b)(21), (b)(23), (b)(24), (b)(25), (b)(26), (b)(30), (b)(31), (b)(32), (b)(33), (b)(34), (b)(35), (b)(36), (b)(37), (b)(38), (b)(39), (b)(48), (b)(51), (b)(55), (b)(56), (b)(59), (b)(63), (c)(1), (c)(2), (c)(3), (c)(7), & (c)(8).

FAR 52.216-19 Order Limitations (Oct 1995)

(a) Minimum order. When the Government requires supplies or services covered by this contract in an amount of less than $5,000, the Government is not obligated to purchase, nor is the Contractor obligated to furnish, those supplies or services under the contract.

(b) Maximum order. The Contractor is not obligated to honor-

(1) Any order for a single item in excess of $400,000;

(2) Any order for a combination of items in excess of $600,000; or

(3) A series of orders from the same ordering office within 7 days that together call for quantities exceeding the limitation in paragraph (b)(1) or (2) of this section.

(c) If this is a requirements contract (i.e., includes the Requirements clause at subsection 52.216-21 of the Federal Acquisition Regulation (FAR)), the Government is not required to order a part of any one requirement from the Contractor if that requirement exceeds the maximum-order limitations in paragraph

(b) of this section.

(d) Notwithstanding paragraphs (b) and (c) of this section, the Contractor shall honor any order exceeding the maximum order limitations in paragraph (b), unless that order (or orders) is returned to the ordering office within 3 days after issuance, with written notice stating the Contractor’s intent not to ship the item (or items) called for and the reasons. Upon receiving this notice, the Government may acquire the supplies or services from another source.

(End of clause)

FAR 52.217-8 Option to Extend Services (Nov 1999)

The Government may require continued performance of any services within the limits and at the rates specified in the contract. These rates may be adjusted only as a result of revisions to prevailing labor rates provided by the Secretary of Labor. The option provision may be exercised more than once, but the total https://www.acquisition.gov/far/part-52#FAR_52_216_21 extension of performance hereunder shall not exceed 6 months. The Contracting Officer may exercise the option by written notice to the Contractor within 30 days.

(End of clause)

FAR 52.217-9 Option to Extend the Term of the Contract (Mar 2000)

(a) The Government may extend the term of this contract by written notice to the Contractor within 30 days; provided that the Government gives the Contractor a preliminary written notice of its intent to extend at least 60 days before the contract expires. The preliminary notice does not commit the Government to an extension.

(b) If the Government exercises this option, the extended contract shall be considered to include this option clause.

(c) The total duration of this contract, including the exercise of any options under this clause, shall not exceed 3 years, 6 months.

(End of Clause)

VAAR 852.219-73 VA Notice of Total Set-Aside for Verified Service-Disabled Veteran-Owned Small Businesses (Nov 2022)

(a) Definition. for the Department of Veterans Affairs, “Service-disabled Veteran-owned small business concern or SDVOSB”:

(1) Means a small business concern -

(i) Not less than 51 percent of which is owned by one or more service-disabled Veterans or, in the case of any publicly owned business, not less than 51 percent of the stock of which is owned by one or more service-disabled Veterans or eligible surviving spouses (see VAAR802.101, Surviving Spouse definition);

(ii) The management and daily business operations of which are controlled by one or more service-disabled Veterans (or eligible surviving spouses) or, in the case of a service-disabled Veteran with permanent and severe disability, the spouse or permanent caregiver of such Veteran;

(iii) The business meets Federal small business size standards for the applicable North American Industry Classification System (NAICS) code identified in the solicitation document;

(iv) The business has been verified for ownership and control pursuant to 38 CFR part 74 and is listed in VA's Vendor Information Pages (VIP) database at https://www.vetbiz.va.gov/vip/; and

(v) The business will comply with VAAR subpart 819.70 and Small Business Administration (SBA) regulations regarding small business size and government contracting programs at 13 https://www.acquisition.gov/vaar/part-819-small-business-programs#Subpart_819_70_T48_50212197

CFR parts 121 and 125, provided that any reference therein to a service-disabled veteran-owned small business concern or SDVO SBC, is to be construed to apply to a VA verified and VIP-listed SDVOSB, unless otherwise stated in this clause.

(2) The term “Service-disabled Veteran” means a Veteran, as defined in 38 U.S.C. 101(2), with a disability that is service-connected, as defined in 38 U.S.C. 101(16).

(3) The term “small business concern” has the meaning given that term under section 3 of the Small Business Act (15 U.S.C. 632).

(4) The term “small business concern owned and controlled by Veterans with service-connected disabilities” has the meaning given the term “small business concern owned and controlled by service-disabled veterans” under section 3(q)(2) of the Small Business Act (15 U.S.C. 632(q)(2)), except that for a VA contract the firm must be listed in the VIP database (see paragraph (a)(1)(iv) of this clause).

(b) General.

(1) Offers are solicited only from VIP-listed SDVOSBs. Offers received from entities that are not VIP-listed SDVOSBs at the time of offer shall not be considered.

(2) Any award resulting from this solicitation shall be made to a VIP-listed SDVOSB who is eligible at the time of submission of offer(s) and at the time of award.

(3) The requirements in this clause apply to any contract, order or subcontract where the firm receives a benefit or preference from its designation as an SDVOSB, including set-asides, sole source awards, and evaluation preferences.

(c) Representation. Pursuant to 38 U.S.C. 8127(e), only VIP-listed SDVOSBs are considered eligible to receive award of a resulting contract. By submitting an offer, the prospective contractor represents that it is an eligible SDVOSB as defined in this clause, 38 CFR part 74, and VAAR subpart 819.70.

(d) Agreement. When awarded a contract action, including orders under multiple-award contracts, an SDVOSB agrees that in the performance of the contract, the SDVOSB shall comply with requirements in VAAR subpart 819.70 and SBA regulations on small business size and government contracting programs at 13 CFR part 121 and part 125, including the non-manufacturer rule and limitations on subcontracting requirements in 13 CFR 121.406(b) and 13 CFR 125.6. Unless otherwise stated in this clause, a requirement in 13 CFR parts 121 and 125 that applies to an SDVO SBC, is to be construed to also apply to a VIP-listed SDVOSB. For the purpose of limitations on subcontracting, only VIP-listed SDVOSBs (including independent contractors) shall be considered eligible and/or “similarly situated” (i.e., a firm that has the same small business program status as the prime contractor). An otherwise eligible firm further agrees to comply with the required certification requirements in this solicitation (see 852.219-75 or 852.219-76 as applicable). These requirements are summarized as follows:

(1) Services. In the case of a contract for services (except construction), the SDVOSB prime contractor will not pay more than 50% of the amount paid by the government to the prime for contract performance to firms that are not VIP-listed SDVOSBs (excluding direct costs to the extent they are not the principal purpose of the acquisition and the SDVOSB/VOSB does not provide the service, such as airline travel, cloud computing services, or mass media purchases).

When a contract includes both services and supplies, the 50 percent limitation shall apply only to the service portion of the contract

(2) Supplies/products.

(i) In the case of a contract for supplies or products (other than from a non-manufacturer of such supplies), the SDVOSB prime contractor will not pay more than 50% of the amount paid by the government to the prime for contract performance, excluding the cost of materials, to firms that are not VIP-listed SDVOSBs. When a contract includes both supply and services, the 50 percent limitation shall apply only to the supply portion of the contract.

(ii) In the case of a contract for supplies from a non-manufacturer, the SDVOSB prime contractor will supply the product of a domestic small business manufacturer or processor, unless a waiver as described in 13 CFR 121.406(b)(5) has been granted. Refer to 13 CRF 125.6(a)(2)(ii) for guidance pertaining to multiple item procurements.

(3) General construction. In the case of a contract for general construction, the SDVOSB prime contractor will not pay more than 85% of the amount paid by the government to the prime for contract performance, excluding the cost of materials, to firms that are not VIP-listed SDVOSBs.

(4) Special trade construction contractors. In the case of a contract for special trade contractors, no more than 75% of the amount paid by the government to the prime for contract performance, excluding the cost of materials, may be paid to firms that are not VIP-listed SDVOSBs.

(5) Subcontracting. An SDVOSB must meet the NAICS size standard assigned by the prime contractor and be listed in VIP to count as similarly situated. Any work that a first tier VIP-listed SDVOSB subcontractor further subcontracts will count towards the percent of subcontract amount that cannot be exceeded. For supply or construction contracts, the cost of materials is excluded and not considered to be subcontracted. When a contract includes both services and supplies, the 50 percent limitation shall apply only to the portion of the contract with the preponderance of the expenditure upon which the assigned NAICS is based. For information and more specific requirements, refer to 13 CFR 125.6.

(e) Required limitations on subcontracting compliance measurement period. An SDVOSB shall comply with the limitations on subcontracting as follows:

[Contracting Officer check as appropriate.]

X By the end of the base term of the contract or order, and then by the end of each subsequent option period; or

__By the end of the performance period for each order issued under the contract.

(f) Joint ventures. A joint venture may be considered eligible as an SDVOSB if the joint venture is listed in VIP and complies with the requirements in 13 CFR 125.18(b), provided that any requirement therein that applies to an SDVO SBC is to be construed to apply to a VIP-listed SDVOSB. A joint venture agrees that, in the performance of the contract, the applicable percentage specified in paragraph (d) of this clause will be performed by the aggregate of the joint venture participants.

(g) Precedence. The VA Veterans First Contracting Program, as defined in VAAR 802.101, subpart 819.70, and this clause, takes precedence over any inconsistencies between the requirements of the SBA Program for SDVO SBCs, and the VA Veterans First Contracting Program.

(h) Misrepresentation. Pursuant to 38 U.S.C. 8127(g), any business concern, including all its principals, that is determined by VA to have willfully and intentionally misrepresented a company's SDVOSB status is subject to debarment from contracting with the Department for a period of not less than five years (see VAAR 809.406-2 Causes for Debarment).

(End of clause)

VAAR 852.219-75 VA Notice of Limitations on Subcontracting – Certificate of Compliance for Services and Construction (NOV 2022)

(a) Pursuant to 38 U.S.C. 8127(k)(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:

[Contracting Officer check the appropriate box below based on the predominant NAICS code assigned to the instant acquisition as set forth in FAR 19.102.]

(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 VIP-listed SDVOSBs as set forth in 852.219-73 or VOSBs as set forth in 852.219-74. Any work that a similarly situated VIP-listed 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 VIP-listed SDVOSBs as set forth in 852.219-73or VOSBs as set forth in 852.219-74. Any work that a similarly situated VIP-listed 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 VIP-listed SDVOSBs as set forth in 852.219-73 or VOSBs as set forth in 852.219-74. Any work that a similarly situated 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.

X

(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) Prosecution for violating section 1001 of title 18.

(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. 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 with the limitations on subcontracting requirement. 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:

VAAR 852.219-76 VA Notice of Limitations on Subcontracting – Certificate of Compliance for Supplies and Products (Jan 2023)

(a) Pursuant to 38 U.S.C. 8127(k)(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 VIP-listed SDVOSBs as set forth in 852.219-73 or VOSBs as set forth in 852.219-74. Any work that a similarly situated VIP-listed 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.

(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

X

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 section 1001 of title 18.

(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:

VAAR 852.242-71 Administrative Contracting Officer (OCT 2020)

The Contracting Officer reserves the right to designate an Administrative Contracting Officer (ACO) for the purpose of performing certain tasks/duties in the administration of the contract. Such designation will be in writing through an ACO Letter of Delegation and will identify the responsibilities and limitations of the ACO. A copy of the ACO Letter of Delegation will be furnished to the Contractor.

FAR 52.212-1 Instructions to Offerors-Commercial Products and Commercial Services (Mar 2023) Addendum to FAR 52.212-1 List all provisions incorporated by reference in numeric order starting with FAR and followed by VAAR.

The following solicitation provisions apply to this acquisition:

FAR 52.252-1 Solicitation Provisions Incorporated by Reference (Feb 1998). The full text of FAR/VAAR Provisions may be accessed electronically at:

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

FAR 52.204-7 System for Award Management (Oct 2018) FAR 52.204-16 Commercial and Government Entity Code Reporting (Aug 2020) FAR 52.204-20 Predecessor of Offeror (Aug 2020) FAR 52.204-24 Representation Regarding Certain Telecommunications and Video Surveillance Services or Equipment (NOV 2021) FAR 52.209-7 Information Regarding Responsibility Matters (Oct 2018) FAR 52.212-3 Offeror Representations and Certifications – Commercial Products and Commercial Services (May 2014) FAR 52.229-11 Tax on Certain Foreign Procurements – Notice and Representation (Jun 2020) FAR 52.223-22 Public Disclosure of Greenhouse Gas Emissions and Reduction Goals – Representation (Dec 2016) VAAR 852.233-70 Protest Content/Alternative Dispute Resolution (Oct 2018) VAAR 852.233-71 Alternate Protest Procedure (Oct 2018) VAAR 852.252-70, Solicitation Provisions or Clauses Incorporated by Reference (Jan 2008)

• Applicable provisions within VAAR 852.252-70 are: FAR 52.204-24, FAR 52.229-11, FAR 52.212-3 and FAR 52.223-22.

End of addendum to 52.212-1

FAR 52.201-1 Acquisition 360: Voluntary Survey (Sep 2023)

(a)All actual and potential offerors are encouraged to provide feedback on the pre-award 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 https://www.acquisition.gov/browse/index/far http://www.va.gov/oal/library/vaar/ 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 pre-award and debriefing processes, as applicable, used for a specific acquisition.

(End of provision)

Addendum FAR 52.212-2 Evaluation – Commercial Products and Commercial Services (Nov 2021)

(a) The Government will award a contract resulting from this solicitation to the responsible offeror whose offer conforming to the solicitation will be most advantageous to the Government, price and other factors considered. The following factors shall be used to evaluate offers:

Technical Qualifications

Price

Past Performance

(b) Options. The Government will evaluate offers for award purposes by adding the total price for all options to the total price for the basic requirement. The Government may determine that an offer is unacceptable if the option prices are significantly unbalanced. Evaluation of options shall not obligate the Government to exercise the option(s).

(c) A written notice of award or acceptance of an offer, mailed or otherwise furnished to the successful offeror within the time for acceptance specified in the offer, shall result in a binding contract without further action by either party. Before the offer’s specified expiration time, the Government may accept an offer (or part of an offer), whether or not there are negotiations after its receipt, unless a written notice of withdrawal is received before award.

FAR 52.233-2 Service of Protest (Sep 2006)

a) 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 NCA Contracting Service.

(b) The copy of any protest shall be received in the office designated above within one day of filing a protest with the GAO.

https://www.acquisition.gov/360 https://www.acquisition.gov/far/part-33#FAR_33_101

ATTACHMENT A

STATEMENT OF WORK

CONCRETE GRAVE LINERS: The Contractor shall furnish, deliver & install prefabricated concrete grave liners at the Calverton National Cemetery, 210 Princeton Blvd, Calverton, NY 11933. Grave liners will be fabricated in strict accordance with Attachment - A (GSA Commercial Item Description A-A-30194 (dated July 26, 1993) - LINER, GRAVE, CONCRETE which is attached and modified as follows:

(i) Liner dimensions to be as identified in the bid schedule.

(ii) Liners are to be constructed to withstand a 20,000 pounds axle load.

UNIT PRICE: The unit price indicated in the Schedule is all-inclusive and covers the fabrication, transportation, and installation of all concrete grave liners ordered.

The installation & covering of concrete grave liners will be accomplished by the contractor and coordinated with the Contracting Officer’s Representative (COR) or Alternate Contracting Officer’s Representative (ACOR) by the provision of Calverton National Cemetery’s daily interment schedule.

DESCRIPTION / SPECIFICATIONS / WORK STATEMENT

Contractor shall provide all labor, materials, and transportation necessary to furnish and install Concrete Grave liners at Calverton National Cemetery, 210 Princeton Blvd, Calverton, NY 11933, in accordance with the requirements of Commercial Item Description (CID), No. A-A-30194, dated July 26, 1993 (Attachment A).

A.1 GENERAL REQUIREMENTS

i. It is the contractor's responsibility to keep pace with the grave liner requirements of Calverton National Cemetery in the placement of grave liners and to remain in close proximity to excavation crews as directed and customarily required by VA National Cemetery policy and remain on station until grave covers are in place.

ii. Normally, two or more crews are used daily for excavation, which results in interments being made in more than one area (section). The contractor shall provide their employees suitable radio communication equipment to coordinate the interment operation. Calverton National Cemetery shall provide radio frequencies to assure compatibility with the cemetery’s radio equipment. Caskets cannot be left unattended. If the contractor is not available to cover grave liners within the time specified; it will result in delays to the government operation. If these delays result in a necessity for government personnel to work overtime, the contractor shall reimburse the government (in the form of a payment deduction) for the overtime wages incurred.

iii. Calverton National Cemetery uses a gravesite measuring 6' x 10' and 4’ x 8’ in burial sections. This will require exact preciseness in placement of grave liners. Grave depths are generally 5 to 7 feet deep.

iv. Inscriptions: Date of manufacture shall be inscribed on both box & lid and shall be visible from the end of the box and lid.

A.2 INSTALLATION

i. Initial / Special Request Interments: For initial interments grave liner units are to be installed two days prior to interments, unless requested otherwise by COR. Grave liner lids shall be removed by 10:00 AM the day of scheduled interment, unless requested otherwise by COR. The removed Grave liner unit lids shall be relocated to a designated location or flatbed truck. Prior to removal each shall be and marked to identify the grave liner they shall be returned to. The grave liner unit lid shall be placed to close (secure) the grave liner unit no later than thirty (30) minutes after the casket has been lowered into the grave liner. On weekends and holidays grave liner unit lids shall be closed.

ii. Second Interments: For second interments grave liner units are to be installed in the gravesite within thirty (30) minutes of excavation. The grave liner unit lid shall be placed to close (secure) the grave liner immediately after the casket has been lowered into the grave liner. On weekends and holidays grave liner unit lids shall be closed.

iii. Superintendence by the Contractor: The contractor shall have a supervisor on station at all times during normal working hours, to include delivery, transport, and installation of grave liners. The supervisor is to serve as the single point of contact for the contractor with the COR/ACOR. The supervisor will perform 100 percent quality assurance of contractor work. At the close of business each day, the supervisor will provide a written verification in the form of a check list, verifying that all work assigned for the day has been completed and is in accordance with the contract specifications. This should accompany the manifest of liners installed that day.

iv. Safety Manager: The contractor shall provide a safety manager. The contractor safety manager must be on site at all times when work is being performed. The Superintendent may also serve as the Safety Manager. The Safety Manager must assure the contractor personnel follow all applicable VA and OSHA safety guidelines. Safety Equipment must be worn at all times. Rework and safety violations will result in Contractor Discrepancy Reports (CDR).

1. NCA Safety Requirements: Contractor shall meet all requirements of VA Policy, OSHA 29 CFR 1910, Occupation Safety and Health Standards for General Industry and 29 CFR 1926, Safety and Health Regulations for construction and applicable Federal, state, and local regulations., including:

• Submit copies of all applicable OSHA-required programs.

• Certify that every designated onsite employee has completed applicable training and certifications required by OSHA and other Federal, state, and local regulatory agencies.

• Provide a Safety and Health written program and training/certification.

• Provide a written Project Emergency Action Plan when applicable.

• Shall maintain on site and readily accessible current hazard communication program, current chemical inventory and copy of Safety Data Sheets (SDS) or all chemicals on the inventory/on site and readily available when workers are onsite. Contractor must provide the CO/COR/Facility with a list of hazardous materials that will be used on the job. Quantities of single container, 30 gallons or more of hazardous chemicals must be reported to the CO/COR/Facility prior to bringing the chemicals on site. Ten gallons or more in a single container must have secondary containment and spill response material available.

• Must notify the COR/CO/Facility prior to generating hazardous waste. The contractor is responsible for removing all hazardous waste generated from the project from the property. Chemicals must be stored in secondary containers to prevent storm water contamination. Hazardous waste requiring a manifest for disposal will have a completed manifest returned to the COR/CO/Facility and NCA Environmental Protection Specialist within 30 days of the manifested waste leaving the site.

• Arrange Contractor orientation including sharing information regarding facility Safety & Health programs, a facility overview, and a worksite walk-through.

• Complete NCA Contractor Safety Checklist.

• Provide required Personal Protective Equipment (PPE) and training for the work being performed. Minimum PPE consists of safety glasses and hardhats meeting ANSI standards and safety toe work boots meeting ASTM standards.

All VA construction projects require employees to wear hard hats, safety glasses and protective footwear from the start of the contract until completion.

Contractor is responsible to ensure anyone on the site is in correct PPE.

Additional…