Combined Synopsis Solicitation 36C78625Q50088 LVNC Top soil_ Sand_ and Gravel v.2.pdf

GENERAL INFORMATION:

Document Type: Combined Synopsis Solicitation

Solicitation Number: 36C78625Q50088

Title: Delivery of Top Soil, Sand, and Gravel to Leavenworth National Cemetery

Post Date: 02/03/2025

Original Response Date:

Applicable NAICS:

PSC:

Set Aside Type:

Issuing Contracting Office:

Place of Performance:

Attachments:

02/14/2025 at 3:00 pm EST

212321- Construction Sand and Gravel Mining

5610- Mineral Construction Materials, Bulk

Service-Disabled Veteran Owned Small Business (SDVOSB)

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

Leavenworth National Cemetery 150 Muncie Rd, Leavenworth, KS 66048

A - Statement of Need B - Pricing/Cost Schedule CLINs

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 36C78625Q50088.

This solicitation incorporates provisions and clauses in effect through Federal Acquisition Circular (FAC) 2025-03 with an effective date of 01/17/2025.

This acquisition is 100% set-aside for Service-Disabled Veteran Owned Small Business (SDVOSB) Concerns that have been verified in SBA VetCert (www.veterans.certify.sba.gov).

NORTH AMERICAN INDUSTRIAL CLASSIFICATION SYSTEM (NAICS) CODE:

The (NAICS) code for this procurement is 212321. The business size standard in Employees is 500.

PRICE SCHEDULE: See Attachment B. The schedule price for each CLIN should be all-inclusive, including all supervision, 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.

Quoters shall enter the unit price and total amounts for each CLIN as indicated in the schedule – Attachment B. In the event the Quoter 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, if exercised, 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 Indefinite Delivery Indefinite Quantity (IDIQ) contract with a base plus four option years, if exercised, for Top Soil, Sand, and Gravel.

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 $300,000. 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.

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 QUOTERS: All prospective Quoters 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 shall result in the Quoter 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 shall result in the Quoter 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 Quoter-imposed terms and conditions which deviate from the Government’s terms and conditions, may render the Quoter’s quote Unacceptable, and thus ineligible for award.

All quotes shall be submitted in three (3) different documents for each volume listed below. Each title shall include the appropriate Volume. The Volumes are as follows:

Volume A – Administrative

The Quoter shall include the following in Volume A:

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

Quoter being ineligible for award.

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

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 852.219-76 VA Notice Of Limitations On Subcontracting— Certificate Of Compliance For Supplies And Products (Jan 2023) (Deviation). Failure to comply shall result in the Quoter being ineligible for award.

*NOTE – It is the responsibility of the Quoter 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

Quoter 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:

See FAR Provision 52.212-2 “Evaluation – Commercial Items Provide proof of Valid driver’s license / DOT CDL appropriate Licenses for delivery staff

Volume C – Pricing

Quoter shall include the following in Volume C:

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

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

RFQ QUESTIONS: All questions regarding this solicitation are to be submitted to the Contracting Officer, via email, no later than February 7, 2025, by 1:00 p.m. (Eastern). All questions should be consolidated and sent via email to Kim.Leone@va.gov. No questions will be accepted after this time. 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 Friday, February 14 ,2025 at 3:00PM, EST. Email responses to Kim.Leone@va.gov .

Responses to this announcement will result in an 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 Quoter 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. Quoters 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: Quotes will be evaluated using FAR Part 13 procedures and in accordance with the Addendum to FAR 52.212-2. The Government will award a single contract resulting from this Combined Synopsis/Solicitation to the responsible quoter with the Lowest Price Technically Acceptable quote. This means that the Quoter with the lowest evaluated price, meeting or exceeding the acceptability standards for non-price factors will receive the award. The lowest price quote will be sent for technical review and if found technically acceptable, award will be made to that Quoter, as long as the Quoter can be determined responsible. If the lowest priced quote is not found technically acceptable, then the next lowest quote will be sent for technical review.

This process will continue until a quotation is found technically acceptable.

Technical Acceptability: Quotes 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, a Quoter will not be able to be determined technically qualified due to lack of sufficient information being submitted. Technical approach will be evaluated for the following:

• Provide a copy of Valid driver’s licenses and DOT CDL appropriate Licenses for the state of

Kansas for the use of the equipment to deliver requirements as identified in the Statement of Work *Note: 1. License and names shall match.

Price: Proposed price will be evaluated for reasonableness. See Attachment B. The schedule price for each CLIN should be all-inclusive. Pricing shall be FOB Destination and in accordance with the Statement of Work and Terms and Conditions of this Combined Synopsis/Solicitation. It is the Quoter’s responsibility to ensure they take this into consideration and pay their employees accordingly.

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 52.203-17 Contractor Employee Whistleblower Rights (Nov 2023) FAR 52.204-9 Personal Identity Verification Of Contractor Personnel (Jan 2011) 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 52.216-27 Single or Multiple Awards (Oct 1995) 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 52.237-2 Protection of Government Buildings, Equipment, and Vegetation (Apr 1984) VAAR 852.201-70 Contracting Officer’s Representative (Dec 2022) VAAR 852.203-70 Commercial Advertising (May 2018) VAAR 852.204-70 Personal Identity Verification Of Contractor Personnel ( May 2020) VAAR 852.232-72 Electronic Submission of Payment Requests (Nov 2018) VAAR 852.246-71 Rejected Goods (Oct 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)(4), (b)(9), (b)(11), (b)(12), (b)(18), (b)(25), (b)(26), (b)(31), (b)(32), (b)(33), (b)(34), (b)(35), (b)(36), (b)(37), (b)(38), (b)(39), (b)(46), (b)(48), (b)(51), (b)(55), (b)(59), (b)(63), (c)(1), (c)(2), (c)(3), (c)(7), and (c)(8).

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 3/15/2025 date through 9/15/2030

(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 $35,000;

(2) Any order for a combination of items in excess of $50,000; 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 52.216-22 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 9/15/2030.

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.

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-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:

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 852.219-76 VA Notice Of Limitations On Subcontracting—Certificate Of Compliance For Supplies And Products (Jan 2023) (Deviation)

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

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

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

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

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

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

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

[ ] 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) [ ] The offeror certifies that it will supply the end item of a small business manufacturer, processor, or producer made in the United States, unless a waiver as provided in 13 CFR 121.406(b)(5) has been issued by SBA. [Contracting Officer fill-in or removal (see 13 CFR 121.1205). This requirement must be included for a single end item. However, if SBA has issued an applicable waiver of the nonmanufacturer rule for the end item, this requirement must be removed in the final solicitation or contract.] or [Contracting officer tailor clause to remove one or other block under subparagraph (iii).]

[ ] If this is a multiple item acquisition, the offeror certifies that at least 50% of the estimated contract value is composed of items that are manufactured by small business concerns. [Contracting Officer fill-in or removal. See 13 CFR 121.406(d) for multiple end items. If SBA has issued an applicable nonmanufacturer rule waiver, this requirement must be removed in the final solicitation or contract.]

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

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

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

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

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

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

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

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

Certification

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

Printed Name of Signee:

Printed Title of Signee:

Signature:

Date:

Company Name and Address:

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.

(End of Clause)

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 52.212-3 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 852.252-70, 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 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.

(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 provision. If the Offeror has responded "does" in the representation in paragraph (d)(2) 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 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)(2)

(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 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)(2) of this provision.

(End of provision)

FAR 52.204-29 Federal Acquisition Supply Chain Security Act Orders—Representation And Disclosures (Dec 2023)

(a) Definitions. As used in this provision, Covered article, FASCSA order, Intelligence community, National security system, Reasonable inquiry, Sensitive compartmented information, Sensitive compartmented information system, and Source have the meaning provided in the clause 52.204–30, Federal Acquisition Supply Chain Security Act Orders— Prohibition.

(b) Prohibition. Contractors are prohibited from providing or using as part of the performance of the contract any covered article, or any products or services produced or provided by a source, if the prohibition is set out in an applicable Federal Acquisition Supply Chain Security Act (FASCSA) order, as described in paragraph (b)(1) of FAR 52.204–30, Federal Acquisition Supply Chain Security Act Orders—Prohibition.

(c) Procedures. (1) The Offeror shall search for the phrase ‘‘FASCSA order’’ in the System for Award Management (SAM)(https://www.sam.gov) for any covered article, or any products or services produced or provided by a source, if there is an applicable FASCSA order described in paragraph (b)(1) of FAR 52.204–30, Federal Acquisition Supply Chain Security Act Orders—Prohibition.

(2) The Offeror shall review the solicitation for any FASCSA orders that are not in SAM, but are effective and do apply to the solicitation and resultant contract (see FAR 4.2303(c)(2)).

(3) FASCSA orders issued after the date of solicitation do not apply unless added by an amendment to the solicitation.

(d) Representation. By submission of this offer, the offeror represents that it has conducted a reasonable inquiry, and that the offeror does not propose to provide or use in response to this solicitation any covered article, or any products or services produced or provided by a source, if the covered article or the source is prohibited by an applicable FASCSA order in effect on the date the solicitation was issued, except as waived by the solicitation, or as disclosed in paragraph (e).

(e) Disclosures. The purpose for this disclosure is so the Government may decide whether to issue a waiver.

For any covered article, or any products or services produced or provided by a source, if the covered article or the source is subject to an applicable FASCSA order, and the Offeror is unable to represent compliance, then the Offeror shall provide the following information as part of the offer:

(1) Name of the product or service provided to the Government;

(2) Name of the covered article or source subject to a FASCSA order;

(3) If applicable, name of the vendor, including the Commercial and Government Entity code and unique entity identifier (if known), that supplied the covered article or the product or service to the Offeror;

(4) Brand;

(5) Model number (original equipment manufacturer number, manufacturer part number, or wholesaler number);

(6) Item description;

(7) Reason why the applicable covered article or the product or service is being provided or used;

(f) Executive agency review of disclosures. The contracting officer will review disclosures provided in paragraph (e) to determine if any waiver may be sought. A contracting officer may choose not to pursue a waiver for covered articles or sources otherwise subject to a FASCSA order and may instead make an award to an offeror that does not require a waiver.

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

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:

• Price

• Technical Acceptability

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.

ATTACHMENT A- STATEMENT OF NEED

National Cemetery Administration (NCA) Leavenworth National Cemetery (LNC)

CEMETERY MATERIALS-STATEMENT DESCRIPTION OF NEED

Requirement of Topsoil, Manufactured Sand and Crushed Rock (Gravel)

GENERAL INFORMATION

Title of Project: Topsoil, Manufactured Sand and Crushed Rock (Gravel)

Leavenworth National Cemetery has a requirement for the following materials: Topsoil (Sifted, Manufactured Sand, and Gravel

Statement of Need:

The vendor shall provide material only when requested by the cemetery Contracting Officer Representative (COR). The transportation/delivery of material to the cemetery will be provided by the vendor and offloaded in a designated location provided by the COR at the time of delivery. The delivery price shall be included in the total price of the contract.

SPECIFIC MANDATORY TASKS AND ASSOCIATED DELIVERABLES

Description of Tasks and Associated Deliverable: The Vendor shall provide the following material upon request by the COR:

LINE: Description Unit Qty 0001 Provide Topsoil (1 qty = 1 cubic yards) Each 600

0002 Provide Sand (1 qty = 1 ton) Each 150

0003 Provide 3/4 Clean Gravel (1 qty = 1 ton) Each 100

FOB: Destination

The contractor shall deliver to Leavenworth National Cemetery located at 150 Muncie Rd, Leavenworth, KS 66048 the following: top quality Topsoil, Sand, and ¾ Clean Crushed Rock (Gravel). See Appendix B for map of Leavenworth National Cemetery

Period of Performance: The term of this contract shall be for a period from Date of contract award through 365 calendar days plus four (4) 1-year Options, if exercised.

Contractor shall submit an invoice electronically, in arrears, at the end of each month.

Federal Holidays: (Holidays observed by the Federal Government)

Requirements:

TOPSOIL: To be used daily for interment operations, grave repairs, planting beds. The material must be top quality to meet NCA minimum technical requirements.

Quantity: Up to 43 Trips (Truckload/18m) each base and option year.

Delivery: As needed/requested by authorized cemetery staff. Topsoil is to be delivered from Monday thru Friday from 7:30 am to 2:30 pm. Material shall be delivered within three

(3) days from day requested. Topsoil will be deposited into the bin that is assigned by the COR the day of delivery.