Combined Synopsis Solicitation_36C78625Q50216.pdf

GENERAL INFORMATION:

Document Type: Combined Synopsis Solicitation

Solicitation Number: 36C78625Q50216

Title: Purchase & Delivery of Topsoil to Calverton National Cemetery

Post Date: 04/08/2025

Original Response Date:

Applicable NAICS:

PSC:

Set Aside Type:

Issuing Contracting Office:

Place of Performance:

Attachments:

04/22/2025 at 4:00 pm EST

484110 – General Freight Trucking, Local

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

Calverton National Cemetery 210 Princeton Blvd Calverton, NY 11933

A - Statement of Need (page 14) B - Price Schedule (page 17)

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 36C78625Q50216.

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

NORTH AMERICAN INDUSTRIAL CLASSIFICATION SYSTEM (NAICS) CODE:

The NAICS code for this procurement is 484110, business size standard of $34 million dollars.

PRICE SCHEDULE: See Attachment B. The schedule price for each CLIN should be all-inclusive, including all supervision, labor, equipment, materials, and supplies. Pricing shall be FOB Destination and in accordance with the Statement of Need 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 Need at Attachment A.

Nguyen-tu, Thuy-tien N., Procurement Analyst Check page number

CONTRACT DATES: The period of performance will be one (1) year 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: The U.S. Department of Veteran Affairs, National Cemetery Administration, anticipates the award of a Firm Fixed Price (FFP) contract for one (1) year, for the purchase and delivery of bulk topsoil.

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.

PRE-QUOTE SITE VISIT: A pre-quote site visit is NOT scheduled, but Offerors are urged and expected to inspect all sites where deliveries are to be made 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.

INSTRUCTIONS TO OFFERORS: All prospective Offerors must be registered with the System for Award Management (SAM) website and complete the Online Representations and Certifications at SAM.gov prior to the solicitation close date. If an Offeror does not have an active/current registration with SAM.gov prior to the solicitation close date, and at time of award, it will result in the company 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) prior to the solicitation close date, and at time of award. 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. Offerors 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 two (2) 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)

• Business Mailing Address

• SAM 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.

• Provide completed copies of the following provisions that are required to be submitted as part of the quote: (If already completed in SAM, provide a copy of SAM) Failure to comply shall result in the Offeror being ineligible for award.

o FAR 52.204-24 Representations Regarding Certain Telecommunications and Video Surveillance Services or Equipment https://sam.gov/content/home http://www.veterans.certify.sba.gov/ o FAR 52.229-11 Tax on Certain Foreign Procurements – Notice and Representation o FAR 52.212-3 Offeror Representations and Certifications-Commercial Products and

Commercial Services o VAAR 852.219-76 VA Notice of Limitations on Subcontracting – Certificate of Compliance for Supplies and Products (Nov 22)

*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 – Pricing

• Offer shall complete Attachment B – Price Schedule.

RFQ QUESTIONS: All questions regarding this solicitation are to be submitted to the Contract Specialist, via email, no later than 4:00 pm EST, Tuesday, April 15, 2025. 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 4:00 pm EST on Tuesday, April 22, 2025. Email responses to Sarah.Poole1@va.gov. Responses to this announcement may result in a Firm Fixed Price (FFP) contract for one (1) year. 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 reimburse 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 may result in being considered ineligible.

EVALUATION PROCESS: Quotes will be evaluated using FAR Part 13 procedures. The Government will award a single, Firm-Fixed-Price contract to the responsible Offeror with the lowest price. No other evaluation factors are being used.

Factors: Price: This factor shall be used to assess for completeness and reasonableness of the Offeror’s price. For this factor, Offerors shall submit a complete Price Schedule (Attachment B) included in this solicitation.

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

mailto:sarah.poole1@va.gov mailto:Sarah.Poole1@va.gov https://sam.gov/content/home

If you state will, that means you will have to. What if you have only one offer, then you end up terminating the solicitation.

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) VAAR 852.203-70 Commercial Advertising (MAY 2018) VAAR 852.232-72 Electronic Submission of Payment Requests (Nov 2018) VAAR 852.246-71 Rejected Goods (Oct 2018) http://www.va.gov/oal/library/vaar/

End of Addendum to 52.212-4

52.212-5 Contract Terms and Conditions Required to Implement Statues or Executive Orders- Commercial Items (Jan 2025)(Deviation)

• Applicable Clauses within 52.212-5 are: (b)(1), (b)(4), (b)(5), (b)(9), (b)(12), (b)(13), (b)(18), (b)(20), (b)(21), (b)(23), (b)(24), (b)(25), (b)(26), (b)(30), (b)(31), (b)(32), (b)(33), (b)(34), (b)(35), (b)(36), (b)(37), (b)(38), (b)(39), (b)(46), (b)(48), (b)(51), (b)(55), (b)(56), and (b)(59).

VAAR 852.219-73 VA Notice of Total Set-Aside for Verified Service-Disabled Veteran-Owned Small Businesses (Jan 2023) ((Deviation)

(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 http://www.vetbiz.va.gov/vip/%3B https://www.acquisition.gov/vaar/part-819-small-business-programs#Subpart_819_70_T48_50212197 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.

(a) 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.

(b)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.

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

(End of clause)

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

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

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

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

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

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

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

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

The offeror certifies that it does not exceed 500 employees (or 150 employees for the Information Technology Value Added Reseller exception to NAICS code 541519, which is found at 13 CFR 121.201, footnote 18).

□ The offeror certifies that it is primarily engaged in the retail or wholesale trade and normally sells the type of item being supplied.

□ The offeror certifies that it will take ownership or possession of the item(s) with its personnel, equipment, or facilities in a manner consistent with industry practice.

(iii) □ 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.

(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 section 1001 of title 18.

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

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

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

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

Printed Name of Signee:

Printed Title of Signee:

Signature:

Date:

Company Name and Address:

(End of clause)

VAAR 852.247-71 Delivery Location (OCT 2018)

Shipment of deliverable items, other than reports, shall be to:

Calverton National Cemetery 210 Princeton Blvd.

Calverton, NY 11933-1031

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)(Deviation Feb 2025) 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.

End of addendum to 52.212-1

FAR 52.204-24 Representation Regarding Certain Telecommunication and Video Surveillance Services Or http://www.va.gov/oal/library/vaar/

Unsure what is the intent of this

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 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 https://www.sam.gov/ 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) of this provision.

(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) 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 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 52.229-11 Tax on Certain Foreign Procurements – Notice and Representation (Jun 2020)

(a) Definitions. As used in this provision— Foreign person means any person other than a United States person.

Specified Federal procurement payment means any payment made pursuant to a contract with a foreign contracting party that is for goods, manufactured or produced, or services provided in a foreign country that is not a party to an international procurement agreement with the United States. For purposes of the prior sentence, a foreign country does not include an outlying area.

United States person as defined in 26 U.S.C. 7701(a)(30) means

(1) A citizen or resident of the United States;

(2) A domestic partnership;

(3) A domestic corporation;

(4) Any estate (other than a foreign estate, within the meaning of 26 U.S.C. 701(a)(31)); and

(5) Any trust if–

(i) A court within the United States is able to exercise primary supervision over the administration of the trust;

and

(ii) One or more United States persons have the authority to control all substantial decisions of the trust.

(b) Unless exempted, there is a 2 percent tax of the amount of a specified Federal procurement payment on any foreign person receiving such payment. See 26 U.S.C. 5000C and its implementing regulations at 26 CFR 1.5000C-1 through 1.5000C-7.

(c) Exemptions from withholding under this provision are described at 26 CFR 1.5000C-1(d)(5) through (7).

The Offeror would claim an exemption from the withholding by using the Department of the Treasury Internal Revenue Service Form W-14, Certificate of Foreign Contracting Party Receiving Federal Procurement Payments, available via the internet at www.irs.gov/w14. Any exemption claimed and self-certified on the IRS Form W-14 is subject to audit by the IRS. Any disputes regarding the imposition and collection of the 26 U.S.C. 5000C tax are adjudicated by the IRS as the 26 U.S.C. 5000C tax is a tax matter, not a contract issue. The IRS Form W-14 is provided to the acquiring agency rather than to the IRS.

https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title26-section7701&num=0&edition=prelim https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title26-section701&num=0&edition=prelim https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title26-section5000C&num=0&edition=prelim https://www.irs.gov/w14 http://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title26-section5000C&num=0&edition=prelim https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title26-section5000C&num=0&edition=prelim

(d) For purposes of withholding under 26 U.S.C. 5000C, the Offeror represents that

(1) It □ is □ is not a foreign person; and

(2) If the Offeror indicates "is" in paragraph (d)(1) of this provision, then the Offeror represents that—I am claiming on the IRS Form W-14 □ a full exemption, or □ partial or no exemption [Offeror shall select one] from the excise tax.

(e) If the Offeror represents it is a foreign person in paragraph (d)(1) of this provision, then—

(1) The clause at FAR 52.229-12, Tax on Certain Foreign Procurements, will be included in any resulting contract; and

(2) The Offeror shall submit with its offer the IRS Form W-14. If the IRS Form W-14 is not submitted with the offer, exemptions will not be applied to any resulting contract and the Government will withhold a full 2 percent of each payment.

(f) If the Offeror selects "is" in paragraph (d)(1) and "partial or no exemption" in paragraph (d)(2) of this provision, the Offeror will be subject to withholding in accordance with the clause at FAR 52.229-12, Tax on Certain Foreign Procurements, in any resulting contract.

(g) A taxpayer may, for a fee, seek advice from the Internal Revenue Service (IRS) as to the proper tax treatment of a transaction. This is called a private letter ruling. Also, the IRS may publish a revenue ruling, which is an official interpretation by the IRS of the Internal Revenue Code, related statutes, tax treaties, and regulations.

A revenue ruling is the conclusion of the IRS on how the law is applied to a specific set of facts. For questions relating to the interpretation of the IRS regulations go to https://www.irs.gov/help/tax-law-questions.

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 with the lowest price.

(a) 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.

NOTICE - DEVIATION FEB 2025:

“System updates may lag policy updates. The System for Award Management (SAM) may continue to require entities to complete representations based on provisions that are not included in agency solicitations. Examples include 52.222-25, Affirmative Action Compliance, and paragraph (d) of 52.212- 3, Offeror Representations and Certifications—Commercial Products and Commercial Services.

Contracting officers will not consider these representations when making award decisions or enforce requirements. Entities are not required to, nor are they able to, update their entity registration to remove these representations in SAM.”

https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title26-section5000C&num=0&edition=prelim https://www.acquisition.gov/far/part-52#FAR_52_229_12 https://www.acquisition.gov/far/part-52#FAR_52_229_12 https://www.irs.gov/help/tax-law-questions

ATTACHMENT A

STATEMENT OF NEED

BACKGROUND

Calverton National Cemetery (CNC) is located at 210 Princeton Blvd, Calverton NY. Cemetery grounds encompass approximately 1,045 acres of land. CNC is a National Shrine that honors veterans with a final resting place and lasting memorials that commemorate their service to our Nation. The cemetery receives visitors, holds ceremonies, and conducts committal services. Due to CNC’s special significance and the attention it receives from the public and media, strict adherence to the following specifications is essential.

GENERAL REQUIREMENTS

Calverton National Cemetery requires the delivery of 1,750 cubic yards of bulk topsoil (Dry Weight Measured) for one year from date of contract award. The contractor will be responsible for delivering the topsoil in increments, with each delivery coordinated on an as needed basis.

Notification & Delivery Requests: The cemetery expects to need approximately four (4) deliveries of 437.5 cubic yards of topsoil. The COR will provide the Contractor with two (2) weeks advance notice to schedule a delivery and confirm the exact quantities for each delivery at that time. This tentative schedule does not prohibit the government from adjusting the delivery schedule based on their needs. The Contractor will be notified of any change to the delivery schedule at least three (3) days prior to a scheduled delivery.

Topsoil Specifications: Topsoil must meet the following requirements:

• A fertile, friable, natural earth of loamy character, without a mixture of subsoil, uniform in quality.

• Contains 5% composted material and free of refuse or debris, including but not limited to:

• Hard clods, stiff clay, sod, or hard pan.

• Pebbles larger than 1/4” in diameter,

• Coarse sand, noxious weeds, stick brush, other rubbish, etc.

• The topsoil must contain at least 5% organic matter, determined by loss on ignition on moisture-free samples, dried in accordance with the current method of the Association of Official Agricultural Chemists.

• The acidity range shall be PH 5.0 to 7.0 inclusive.

Inspection Upon Delivery: Upon delivery, all topsoil will be inspected and may be rejected by COR if it fails to conform to any of the requirements/specifications of this contract.

Delivery Location: The topsoil will be placed in specific area designated by COR upon delivery.

Delivery Timing: All deliveries must be made between the hours of 7:00AM and 2:00PM.

Deliveries on federal holidays are prohibited unless otherwise requested by the COR. The

Contractor must be prepared for potential changes to the delivery schedule due to unforeseen weather emergencies, which may necessitate adjustments to the delivery date and time. In such cases, the contractor must communicate promptly with the COR to reschedule as needed. The eleven holidays observed by the Federal Government are as follows:

Holiday Date Month New Year’s Day 1st January

Martin Luther King

3rd

January President’s Day 3rd

February

Memorial Day Last

May Juneteenth/Freedom

19th June

Independence Day 4th July Labor Day 1st

September

Columbus Day 2nd

October Veterans Day 11th November

Thanksgiving Day 4th

November Christmas Day 25th December

Communication: Communication with the COR is essential. The Contractor must contact the COR at the time of delivery to ensure proper placement of bulk Topsoil (Dry Weight Measured).

Communication with the COR is strongly encouraged as burial activities at the cemetery take precedence over deliveries. Work activity and noise must not disturb Committal/Burial Services.

Additionally, trucks are strictly prohibited from passing through any Committal/Burial Service area during this period.

RESPONSIBILITIES

The Contractor shall preserve and protect all structures, equipment, roads, and vegetation (such as trees, shrubs, & grass) on or adjacent to the delivery site, which is not to be removed and which does not interfere with the deliveries required under this contract. The Contractor will take extreme precaution when delivering and unloading Topsoil (Dry Weight Measured) to not hit, damage, mark and/or knock any buildings/structures.

The Contractor shall protect from damage all existing improvements and utilities at or near the delivery site and on adjacent property of a third party. The Contractor shall immediately notify the COR of any such occurrence and repair any damage to those facilities, including those that are the property of a third party, resulting from failure to comply with the requirements of this contract or failure to exercise reasonable care in performing the work. If the Contractor fails or refuses to repair the damage promptly, the Contracting Officer may have the necessary work performed and charge the cost to the Contractor.

Insurance, Licenses & Permits: The Contractor shall possess and maintain all necessary insurance, licenses, and permits required for contract performance. Contractor is responsible for any injury to himself/herself/themself, his/her/them employees, as well as for any damage to personal or public property that occurs during the performance of this contract that is caused by his/her/them employees’ fault or negligence. The Contractor is responsible for repair and/or replacement of any damaged turf, headstones, structures, and/or other property.

(End of Statement of Need)

ATTACHMENT B

Price Schedule

Base Year:

CLIN DESCRIPTION EST.

QTY UNIT UNIT

COST

TOTAL

EST

COST

0001 Furnish / Deliver Topsoil to Calverton National Cemetery 1,750 Cubic

Yards $ ______ $ _____

(End of Price Schedule)