Combined Synopsis Solicitation_36C78625Q50023.pdf

GENERAL INFORMATION:

Document Type:

Solicitation Number:

Title:

Post Date:

Original Response Date:

Applicable NAICS:

PSC:

Set Aside Type:

Issuing Contracting Office:

Place of Performance:

Attachments:

Combined Synopsis Solicitation

36C78625Q50023

Ground’s Maintenance Services for Salisbury National

Cemetery

11/6/2024

12/02/2024 at 12:00 pm EST

561730 - Landscaping services

S208 - Housekeeping - Landscaping/Groundskeeping

Service-Disabled Veteran Owned Small Business (SDVOSB)

Department of Veterans Affairs

National Cemetery Administration, Contract Services

18434 Joplin Road

Triangle, VA 22172

Salisbury National Cemetery

501 Statesville Blvd

Salisbury, NC 28144

A - Statement of work (page 23)

A.1 - A.6 SOW Attachments (page 71-80)

B - Past Performance Questionnaire (page 81)

C - Price Schedule (page 82)

D – SCA Wage Determination 2015-4423 Rev 27 (page 89)

E – DBA Wage Determination NC20230070 (page 100)

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 36C78625Q50023.

This solicitation incorporates provisions and clauses in effect through Federal Acquisition Circular (FAC)

2024-07 with an effective date of 09/30/2024.

NORTH AMERICAN INDUSTRIAL CLASSIFICATION SYSTEM (NAICS) CODE:

The (NAICS) code for this procurement is 561730. The business size standard in millions of dollars is

$9,500,000.

PRICE SCHEDULE: See Attachment C. 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 four (4) 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 (IDIQ) contract with a base plus four option years, if exercised, for ground’s maintenance services.

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. The Government will not reimburse for the site visit. If you plan to conduct a site visit/inspection of Salisbury National Cemetery there is a site visit scheduled for this requirement on

Thursday, November 21, 2024 @ 10:00 a.m. EST. * No additional site-visits or individual tours will be scheduled.

Interested prospective offerors should attend the scheduled site visit and bring a copy of the solicitation for reference because copies WILL NOT be distributed. Please meet in the Administration Building to meet David Beaver for a brief reception.

No questions will be answered at the site visit. All questions resulting from the site visit should be sent to the Contract Specialist and Contracting Officer by following the instructions in the “RFQ QUESTIONS” section of this Combined Synopsis Solicitation. The Contracting Officer 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)

Tungsten e-Invoice Setup Information: 1-877-489-6135

Tungsten e-Invoice email: VA.Registration@Tungsten-Network.com

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

VA.Registration%40Tungsten-Network.com

SAM.gov prior to the solicitation close date. Failure to comply will result in the Offeror being considered ineligible.

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 ineligible.

QUOTATION FORMAT AND SUBMITTAL INFORMATION: Quotes must be submitted on company letterhead in 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 Government’s terms and conditions, shall render the Offeror’s quote Unacceptable, and thus ineligible for award.

All quotes shall be submitted in four (4) different documents for each volume listed below. Each title shall include the appropriate Volume. The Volumes are as follows:

Volume A – Administrative

The Offeror shall include the following in 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. Failure to comply shall result in the

Offeror being ineligible for award.

• One (1) copy of completed FAR 52.223-3 Hazardous Material Identification and Material Safety

Data.

• Completed copies of the following Provisions are required to be submitted as part of the quote:

o FAR 52.204-24 Representations Regarding Certain Telecommunications and Video Surveillance Services or Equipment o FAR 52.229-11 Tax on Certain Foreign Procurements – Notice and Representation

• Completed copies of the following Provisions, if not completed on SAM.gov:

o FAR 52.212-3 Offeror Representations and Certifications-Commercial Products and Commercial Services o FAR 52.223-22 Public Disclosure of Greenhouse Gas Emissions and Reduction Goals- Representation

• Completed copy of VAAR 852.219-75 VA Notice of Limitations on Subcontracting – Certificate of Compliance for Services and Construction (Nov 22). Failure to comply shall result in the

Offeror being ineligible for award.

*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.

Volume B – Technical Proposal https://sam.gov/content/home http://www.veterans.certify.sba.gov/

Offeror shall include the following in Volume B in accordance with the Technical Qualifications criteria listed in the Evaluation Process section of this combined synopsis solicitation:

• Resume for a technically qualified “Site Manager” that demonstrates 1 year of experience and understanding of the requirement. Licenses and resume names shall match. (Must be employee of the Prime Contractor and be on site whenever work is being performed.)

• Provide proof of licenses to use any controlled chemicals (pesticide, herbicide, and/or fertilizer).

• Provide proof of the required insurance coverages listed in this combined synopsis solicitation.

Volume C – Past Performance

Offeror shall include the following in Volume C:

• Past Performance Questionnaires (Attachment B).

Volume D – Pricing

Offeror shall include the following in Volume D:

• Proposed pricing shall be submitted on the included Price Schedule (Attachment C).

Contractor’s pricing shall include all labor, supervision, equipment, materials and supplies necessary to provide the required services at Salisbury National Cemetery.

RFQ QUESTIONS: All questions regarding this solicitation are to be submitted to the Contract

Specialist, via email, no later than 12:00 pm EST, Monday, November 25, 2024. No questions will be accepted after this time. 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 Contracting Officer no later than 12:00 pm EST on Monday, December 2, 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 Delivery Indefinite Quantity contract with a base plus four option years, if exercised. The

Government intends to make award without discussions. It is the responsibility of the Offeror to submit their best pricing at the time quotes are due.

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 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: The Government intends to award a Firm Fixed Price Indefinite Delivery

Indefinite Quantity (IDIQ) Contract resulting from this Solicitation to the responsible Offeror whose mailto:sarah.poole1@va.gov mailto:Sarah.Poole1@va.gov mailto:April.Graves@va.gov https://sam.gov/content/home

Offer/Quote provides the best benefit to the Government, price and other factors considered in accordance with FAR 52.212-2. Quotations/Offers will be evaluated by performing a comparative evaluation in accordance with FAR 13.106-2(b)(3) 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.

The factors used to evaluate offers are: Technical Qualifications, Past Performance, and Price.

Technical Qualifications

Quotes/Offers 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. If any of the required information is missing, an Offeror may not be able to be determined technically qualified due to lack of sufficient information being submitted. Technical approach will be evaluated for the following:

1. Provide a resume for a technically qualified “Site Manager” that demonstrates at least 1 years’ work experience and understanding of the responsibility and procedures of this requirement, that includes:

a. Directing, overseeing, and coordinating the work involved.

b. Staying abreast of all upcoming cemetery functions including special holiday events (Memorial Day/Wreaths Across America) and burial activities.

(*Note: License and resume names shall match. Must be an employee of the Prime

Contractor and be on site whenever work is being performed.)

2. Provide proof the Prime Contractor has at least 3 years’ experience in managing a grounds’ maintenance contract/agreement.

3. Provide a copy of commercial license(s) for the state of North Carolina that are required for the use of the controlled chemicals (i.e. herbicide, fertilization, & pest control) identified in the Statement of Work.

4. Provide proof of the insurance coverages in accordance with FAR 52.228-5 and CL-120 (Clauses section).

a. Employers’ Liability: $100,000

b. General Liability:

i. Bodily Injury Liability: $500,000 per occurrence

ii. Property Damage Liability: $100,000 per occurrence

c. Automobile Liability:

i. Bodily Injury: $200,000 per person/$500,000 per occurrence

ii. Property Damage: $20,000 per occurrence

PAST PERFORMANCE

Past Performance will be evaluated for recent and relevant experience. To demonstrate recency and relevancy, the Offerors shall submit at least two (2) past performance questionnaires from projects they worked on within the last five (5) years. The questionnaires should be for contracts that are similar in size, scope, and complexity. The questionnaires may include the same projects used to demonstrate experience in the technical qualifications section.

The Offeror is to utilize Attachment B - Past Performance Questionnaire and submit copies with their offer. The Government also reserves the right to use past performance information available from other sources, such as Contractor Performance Assessment Reporting System (CPARS). It’s at the Government’s discretion to decide whether they confirm the accuracy of the Past

Performance questionnaires and/or CPARS; however, if the Government chooses to confirm past performance, it will do so for all Offerors that submitted Past Performance information.

PRICE

Proposed price will be evaluated for reasonableness.

CONTRACT MINIMUM/MAXIMUM VALUES: The guaranteed minimum amount for the life of the contract is $5,000. The maximum aggregate value of the contract, inclusive of the five, one-year ordering periods, shall not exceed $2,000,000. 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.

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 52.204-19 Incorporation by Reference of Representations and Certifications (Dec 2014)

FAR 52.222-6 Construction Wage Rate Requirements (Aug 2018)

FAR 52.222-7 Withholding of Funds (May 2014)

FAR 52.222-8 Payrolls and Basic Records (Jul 2021)

FAR 52.222-9 Apprentices and Trainees (Jul 2005)

FAR 52.222-10 Compliance with Copeland Act Requirements (Feb 1988)

FAR 52.222-11 Subcontracts (Labor Standards)(May 2014)

FAR 52.222-12 Contract Termination-Debarment (May 2014)

FAR 52.222-13 Compliance with Construction Wage Rate Requirements and Related Regulations (May

2014)

FAR 52.222-14 Disputes Concerning Labor Standards (Feb 1988)

FAR 52.222-15 Certification of Eligibility (May 2014)

FAR 52.222-32 Construction Wage Rate Requirements – Price Adjustment (Actual Method) (Aug 2018)

FAR 52.223-2 Reporting Biobased Products Under Service and Construction Contracts (May 2024)

FAR 52.223-3 Hazardous Material Identification and Material Safety Data (Feb 2021)

FAR 52.223-5 Pollution Prevention and Right-to-Know Information (May 2024)

FAR 52.223-10 Waste Reduction Program (May 2024)

FAR 52.223-23 Sustainable Products and Services (May 2024) https://www.acquisition.gov/browse/index/far http://www.va.gov/oal/library/vaar/

FAR 52.228-5 Insurance – Work on a Government Installation (Jan 1997)

FAR 52.232-18 Availability of Funds (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 852.208-70 Service-Disabled Verteran-Owned and Veteran-Owned Small Business Evaluation

Factors – Orders or BPAs (Nov 2022)

VAAR 852.208-71 Service-Disabled Verteran-Owned and Veteran-Owned Small Business Evaluation

Factors Commitments – Orders or BPAs (Nov 2022)

VAAR 852.232-72 Electronic Submission of Payment Requests (Nov 2018)

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)(33), (b)(34), (b)(35), (b)(36), (b)(37), (b)(38), (b)(39), (b)(46), (b)(48), (b)(51), (b)(55), (b)(56), (b)(59), (c)(1), (c)(2), (c)(3), (c)(7), and (c)(8).

CL-120 SUPPLEMENTAL INSURANCE REQUIREMENTS

In accordance with FAR 28.307-2 and FAR 52.228-5, the following minimum coverage shall apply to this contract:

(a) Workers' compensation and employers’ liability: Contractors are required to comply with applicable

Federal and State workers' compensation and occupational disease statutes. If occupational diseases are not compensable under those statutes, they shall be covered under the employer's liability section of the insurance policy, except when contract operations are so commingled with a Contractor's commercial operations that it would not be practical to require this coverage. Employer's liability coverage of at least

$100,000 is required, except in States with exclusive or monopolistic funds that do not permit workers' compensation to be written by private carriers.

(b) General Liability:

Bodily Injury Liability: $500,000 per occurrence

Property Damage Liability: $100,000 per occurrence

(c) Automobile liability:

Bodily Injury: $200,000 per person/$500,000 per occurrence

Property Damage: $20,000 per occurrence

(d) The successful bidder must present to the Contracting Officer, prior to award, evidence of general liability insurance without any exclusionary clauses for asbestos that would void the general liability coverage.

FAR 52.216-18 Ordering (Aug 2020)

(a) Any supplies and services to be furnished under this contract shall be ordered by issuance of delivery orders or task orders by the individuals or activities designated in the Schedule. Such orders may be issued from 12/12/2024 through 6/11/29.

(b) All delivery orders or task orders are subject to the terms and conditions of this contract. In the event of conflict between a delivery order or task order and this contract, the contract shall control.

(c) A delivery order or task order is considered "issued" when—

(1) If sent by mail (includes transmittal by U.S. mail or private delivery service), the Government deposits the order in the mail;

(2) If sent by fax, the Government transmits the order to the Contractor's fax number; or

(3) If sent electronically, the Government either—

(i) Posts a copy of the delivery order or task order to a Government document access system, and notice is sent to the Contractor; or

(ii) Distributes the delivery order or task order via email to the Contractor's email address.

(d) Orders may be issued by methods other than those enumerated in this clause only if authorized in the contract.

(End of clause)

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 $25,000;

(2) Any order for a combination of items in excess of $150,000; 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.

FAR 52.216-22 Indefinite Quantity (Oct 1995)

(a) This is an indefinite-quantity contract for the supplies or services specified, and effective for the period stated, in the Schedule. The quantities of supplies and services specified in the Schedule are estimates only and are not purchased by this contract.

(b) Delivery or performance shall be made only as authorized by orders issued in accordance with the

Ordering clause. The Contractor shall furnish to the Government, when and if ordered, the supplies or services specified in the Schedule up to and including the quantity designated in the Schedule as the

"maximum." The Government shall order at least the quantity of supplies or services designated in the

Schedule as the "minimum."

(c) Except for any limitations on quantities in the Order Limitations clause or in the Schedule, there is no limit on the number of orders that may be issued. The Government may issue orders requiring delivery to multiple destinations or performance at multiple locations.

(d) Any order issued during the effective period of this contract and not completed within that period shall be completed by the Contractor within the time specified in the order. The contract shall govern the Contractor’s and Government’s rights and obligations with respect to that order to the same extent as if the order were completed during the contract’s effective period; provided, that the

Contractor shall not be required to make any deliveries under this contract after 6/11/2030.

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 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 of the expiration date of the current period of performance.

https://www.acquisition.gov/far/part-52#FAR_52_216_21

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 5 years, 6 months.

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

CFR parts 121 and 125, provided that any reference therein to a service-disabled veteran-http://www.vetbiz.va.gov/vip/%3B https://www.acquisition.gov/vaar/part-819-small-business-programs#Subpart_819_70_T48_50212197 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).

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

[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) X 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 workthat 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.

(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 852.237-75 Key Personnel (OCT 2019)

The key personnel specified in this contract are considered to be essential to work performance. At least

30 days prior to the Contractor voluntarily diverting any of the specified individuals to other programs or contracts the Contractor shall notify the Contracting Officer and shall submit a justification for the diversion or replacement and a request to replace the individual. The request must identify the proposed replacement and provide an explanation of how the replacement's skills, experience, and credentials meet or exceed the requirements of the contract. If the employee of the Contractor is terminated for cause or separates from the contractor voluntarily with less than thirty days’ notice, the Contractor shall provide the maximum notice practicable under the circumstances. The Contractor shall not divert, replace, or announce any such change to key personnel without the written consent of the Contracting Officer. The contract will be modified to add or delete key personnel as necessary to reflect the agreement of the parties.

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 52.201-1 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 provision)

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.

https://www.acquisition.gov/360

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 52.209-7 Information Regarding Responsibility Matters (OCT 2018)

FAR 52.222-5 Construction Wage Rate Requirements – Secondary Site of the Work (MAY 2014)

FAR 52.212-3 Offeror Representations and Certifications – Commercial Products and Commercial Services (May 2024)

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 52.212-3 and FAR 52.223-22.

End of addendum to 52.212-1

FAR 52.204-24 Representation Regarding Certain Telecommunication and Video Surveillance Services

Or Equipment (Nov 2021)

The Offeror shall not complete the representation at paragraph (d)(1) of this provision if the Offeror has represented that it "does not provide covered telecommunications equipment or services as a part of its offered products or services to the Government in the performance of any contract, subcontract, or other contractual instrument" in paragraph (c)(1) in the provision at 52.204-26, Covered Telecommunications

Equipment or Services—Representation, or in paragraph (v)(2)(i) of the provision at 52.212- 3, Offeror Representations and Certifications-Commercial Products or Commercial Services.

The Offeror shall not complete the representation in paragraph (d)(2) of this provision if the Offeror has represented that it "does not use covered telecommunications equipment or services, or any equipment, system, or service that uses covered telecommunications equipment or services" in paragraph (c)(2) of the provision at 52.204-26, or in paragraph (v)(2)(ii) of the provision at 52.212-3.

(a) Definitions. As used in this provision—

Backhaul, covered telecommunications equipment or services, critical technology, interconnection arrangements, reasonable inquiry, roaming, and substantial or essential component have the meanings provided in the clause 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video

Surveillance Services or Equipment.

(b) Prohibition.

(1) Section 889(a)(1)(A) of the John S. McCain National Defense Authorization Act for Fiscal

Year 2019 (Pub. L. 115-232) prohibits the head of an executive agency on or after August 13, 2019, from https://www.acquisition.gov/browse/index/far http://www.va.gov/oal/library/vaar/ https://www.acquisition.gov/far/part-52#FAR_52_204_26 https://www.acquisition.gov/far/part-52#FAR_52_212_3 https://www.acquisition.gov/far/part-52#FAR_52_212_3 https://www.acquisition.gov/far/part-52#FAR_52_204_26 https://www.acquisition.gov/far/part-52#FAR_52_212_3 https://www.acquisition.gov/far/part-52#FAR_52_204_25 procuring or obtaining, or extending or renewing a contract to procure or obtain, any equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system. Nothing in the prohibition shall be construed to—

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

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

(2) Section 889(a)(1)(B) of the John S. McCain National Defense Authorization Act for Fiscal

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

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

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

(c) Procedures. The Offeror shall review the list of excluded parties in the System for Award

Management (SAM) ( https://www.sam.gov) for entities excluded from receiving federal awards for

"covered telecommunications equipment or services".

(d) Representation. The Offeror represents that—

(1) It □ will, □ will not provide covered telecommunications equipment or services to the

Government in the performance of any contract, subcontract or other contractual instrument resulting from this solicitation. The Offeror shall provide the additional disclosure information required at paragraph (e)(1) of this section if the Offeror responds "will" in paragraph (d)(1) of this section; and

(2) After conducting a reasonable inquiry, for purposes of this representation, the Offeror represents that—

It □ does, □ does not use covered telecommunications equipment or services, or use any equipment, system, or service that uses covered telecommunications equipment or services.

The Offeror shall provide the additional disclosure information required at paragraph (e)(2) of this section if the Offeror responds "does" in paragraph (d)(2) of this section.

(e) Disclosures.

https://www.sam.gov/

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

(i) For covered equipment—

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

(B) A description of all covered telecommunications equipment offered (include brand;

model number, such as OEM number, manufacturer part number, or wholesaler number; and item description, as applicable); and

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

(ii) For covered services—

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

or

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

(2) Disclosure for the representation in paragraph (d)(2) of this…