Combined Synopsis Solicitation.pdf
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- Solicitation number
- QSE--36C78625Q50106
About this file
This is a Combined Synopsis/Solicitation (RFQ #36C78625Q50106) issued by the Department of Veterans Affairs National Cemetery Administration for disinterment, transport, and reinterment services of veteran remains from Calverton National Cemetery to Mount Pleasant Cemetery in New York. The solicitation is set aside for Service-Disabled Veteran Owned Small Business (SDVOSB) under NAICS code 812220 with a size standard of $25 million.
The contractor must provide all personnel, equipment, materials and services for disinterment at Calverton National Cemetery (210 Princeton Blvd, Calverton, NY), transport, and reinterment at Mount Pleasant Cemetery (41 Main St, Center Moriches, NY). Key requirements include providing a licensed NY State funeral director, burial vault, flat granite marker, and all necessary permits. The period of performance is 120 days from contract award. Quotes are due by January 29, 2025 at 4:00 PM EST, with a mandatory site visit scheduled for January 21, 2025 at 9:00 AM EST. A PWS is included detailing specific requirements for maintaining dignity and respect during all operations. This will be a firm-fixed-price contract evaluated on technical qualifications, past performance, and price.
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GENERAL INFORMATION:
Document Type:
Solicitation Number:
Title:
Post Date:
Original Response Date:
Applicable NAICS:
PSC:
Set Aside Type:
Issuing Contracting Office:
Place of Performance:
Attachments:
Combined Synopsis Solicitation
36C78625Q50106
Disinterment, Transport, & Reinterment of Veterans Remains at Calverton
National Cemetery
1/15/2025
01/29/2025 at 4:00 pm EST
812220 – Cemeteries and Crematories
G001 – Social – Care of Remains and/or Funeral
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 Mount Pleasant Cemetery
210 Princeton Blvd 41 Main St
Calverton, NY 11933 Center Moriches, NY 11934
A – Performance Work Statement (page 15)
B - Past Performance Questionnaire (page 24)
C – Price Schedule (page 25)
D – SCA Wage Determination 2015-4157 Rev. 27
E – DBA Wage Determination NY20250012 dated 01/03/2025
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 36C78625Q50106.
This solicitation incorporates provisions and clauses in effect through Federal Acquisition Circular (FAC)
2025-02 with an effective date of 01/03/2025.
NORTH AMERICAN INDUSTRIAL CLASSIFICATION SYSTEM (NAICS) CODE:
The (NAICS) code for this procurement is 812220. The business size standard in millions of dollars is
$25,000,000.
PRICE SCHEDULE: See Attachment B. The schedule price for each CLIN should be all-inclusive, including all supervision, labor [IAW attached wage determination(s)], equipment, materials, and supplies. Pricing shall be FOB Destination and in accordance with the Performance Work Statement 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 Performance Work Statement (PWS) at Attachment A.
The attached Performance Work Statement is redacted. An Unredacted copy of the PWS will be provided to the Awardee after award.
CONTRACT DATES: The period of performance is 120 days from the contract award date.
DELIVERY/ACCEPTANCE LOCATION: The delivery and acceptance location will be at the Place of
Performance addresses listed on page 1 of this Combined Synopsis/Solicitation.
CONTRACT TYPE: This notice shall not be construed as a commitment by the Government to ultimately award a contract, nor does it restrict the Government to a particular acquisition approach.
The U.S. Department of Veteran Affairs, National Cemetery Administration, anticipates the award of a Firm
Fixed Price (FFP) contract for the disinterment, transport, and reinterment of Veteran remains.
PRE-QUOTE SITE VISIT: Quoters are urged and expected to inspect all sites where services are to be performed and to satisfy themselves regarding all general and local conditions that may affect the cost of contract performance and/or restrict the use of certain vehicles/equipment. It is of the upmost importance not to cause damage to the grounds or surrounding structures, including headstones. In no event shall failure to inspect one or all sites constitute grounds for a claim after contract award.
The Government will not reimburse for the site visit. If you plan to attend the site visit/inspection, there is one scheduled at Calverton National Cemetery on Tuesday, January 21, 2025 @ 9:00 a.m. EST.* No additional site-visits or individual tours will be scheduled.
Interested prospective quoters should attend the scheduled site visit on January 21st and bring a copy of the solicitation for reference because copies WILL NOT be distributed. Please meet in the Administration
Building where Patrick Herring will meet you for a brief reception.
No questions will be answered at the site visit. All questions resulting from the site visit should be sent to the Contracting Officer by following the instructions in the “RFQ QUESTIONS” section of this Combined
Synopsis Solicitation. The Contracting Officer will then issue an amendment(s) answering all the questions received by the question due date. Potential Quoters are responsible for checking SAM.gov for issued
Amendments to this Combined Synopsis Solicitation.
PAYMENT: All payments by the Government to the Contractor will be made in accordance with:
[X] 52.232-33, Payment by Electronic Funds Transfer – System for Award Management (OCT
2018)
Tungsten e-Invoice Setup Information: 1-877-489-6135
Tungsten e-Invoice email: VA.Registration@Tungsten-Network.com
INSTRUCTIONS TO 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 will 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) at the time they submit their quote and at the time of award. Failure to comply will result in the Quoter being considered ineligible.
file://///cemfsna.cem.va.gov/nca_home_fldrs4$/Sarah.Poole1/Contract%20Docs/iFAMS/FY%2025/Andrea/Salisbury/Historic%20GM/VA.Registration@Tungsten-Network.com https://sam.gov/content/home http://www.veterans.certify.sba.gov/
QUOTATION FORMAT AND SUBMITTAL INFORMATION: Quotes must be submitted on company letterhead in Adobe pdf platforms and submitted by email to the individual 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, shall render the
Quoter’s quote Unacceptable, and thus ineligible for award.
All quotes shall be submitted in four (4) different documents for each volume listed below. Each title shall include the appropriate Volume. The Volumes are as follows:
Volume A – Administrative
The 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, ONLY 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
*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:
• Demonstrate the Prime has experience managing a contract for disinterment services as stated in the PWS.
• Provide a list of the technically qualified Key Personnel, to include the name of all Subcontractors (i.e. Vault company, Funeral Home, Marker Manufacturer) to be used in performing this requirement. (Technically qualified means that they actively participate in the industry for one or more of the services included in this requirement.)
• Demonstrate the Funeral Director is licensed in the State of New York.
Volume C – Past Performance
Quoter shall include the following in Volume C:
• Past Performance Questionnaires (Attachment B).
Volume D – Pricing
Quoter shall include the following in Volume C:
• Proposed pricing shall be submitted on the included Price Schedule (Attachment C).
Contractor’s pricing shall include all labor, supervision, equipment, materials and supplies necessary to provide the required services at Calverton National Cemetery & Mount Pleasant Cemetery.
RFQ QUESTIONS: All questions regarding this solicitation are to be submitted to the Contracting
Officer, via email, no later than 10:00 am EST, Thursday, January 23, 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 Wednesday, January 29, 2025. Email responses to Sarah.Poole1@va.gov.
Responses to this announcement will result in a FFP contract. 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: The Government intends to award a Firm Fixed Price Contract resulting from this Solicitation to the responsible Quoter whose Quote provides the best benefit to the Government, price and other factors considered. Quotations will be evaluated by performing a comparative evaluation in accordance with FAR 13.106-2(b)(3) to determine which response represents the “best” as a whole.
Quotations will be evaluated by performing a direct comparison of one Quotation with another in a uniform manner to determine which Quotation provides the government with its needs, as identified in the RFQ. The government reserves the right to consider a response that Quotes more than the minimum and select that response if it provides a benefit to the government. The government has the discretion to accept other than the lowest priced Quoter that provides additional benefits. The government also has the discretion to make an award based on whether the lowest priced of the Quotations having the highest past performance rating possible represents the best benefit to the government.
The non-price factors used to evaluate quotes are: Technical Qualifications and Past Performance.
Technical Qualifications
Quotes shall be evaluated in accordance with the criteria contained in the Performance Work Statement 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:
mailto:sarah.poole1@va.gov mailto:Sarah.Poole1@va.gov https://sam.gov/content/home
• Demonstrate the Prime has experience managing a contract for disinterment services as stated in the
PWS.
• Provide a list of the technically qualified Key Personnel, to include the name of all Subcontractors (i.e.
Vault company, Funeral Home, Marker Manufacturer) to be used in performing this requirement.
(Technically qualified means that they actively participate in the industry for one or more of the services included in this requirement.)
• Demonstrate the Funeral Director is licensed in the State of New York.
Past Performance
Past Performance will be evaluated for recent and relevant experience. To demonstrate recency and relevancy, the Quoters shall submit at least two (2) past performance questionnaires from projects they worked on within the last five (5) years. The questionnaires should be for contracts that are similar in size, scope, and complexity. The questionnaires may include the same projects used to demonstrate experience in the technical qualifications section. If a Quoter does not submit the requested number of past performance questionnaires, it will be assumed they have limited, or no, recent and/or relevant experience.
The Quoter is to utilize Attachment B - Past Performance Questionnaire and submit copies with their quote. The Government also reserves the right to use past performance information available from other sources, such as Contractor Performance Assessment Reporting System (CPARS). It’s at the
Government’s discretion to decide whether they confirm the accuracy of the Past Performance questionnaires and/or CPARS; however, if the Government chooses to confirm past performance, it will do so for all Quoters that submitted Past Performance information.
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.
CONTRACT CLAUSES AND SOLICITATION PROVISIONS:
DIGNITY CLAUSE
Respect for Headstones and Markers in National Cemeteries
Handling of Markers and Headstones
Every action by contractor personnel at a national cemetery must be performed with the special care, reverence, dignity, and respect that acknowledges the cemetery as the final resting place that commemorates the service and sacrifice that service members, Veterans and their families made for our
Nation. Critically important is the awareness required of the Contractor employees of the remains buried in the grounds where the work is performed. The utmost care must be given to these remains and the headstones and flat grave markers that mark those gravesites and memorialize the service of individuals.
a. Contractors cannot walk, stand, lean, sit or jump on headstones or markers. Nor can they drive over them.
b. No tools, equipment or other items will be placed or leaned on headstones or markers.
c. Use care not to scratch or damage markers in any manner.
d. Contractor shall be responsible for replacing damaged headstones and markers and for restoring turf damaged during performance of this work.
e. Additionally, should any activity result in the exposure and/or damage to any remains, container for remains (e.g., casket or urn), or outer burial container, the contractor must contact the COR, Director/Assistant Director, or Contracting Officer (CO) for guidance.
Any doubts as to proper procedures shall be brought to the attention of the COR, Director/Assistant
Director, or CO for guidance or resolution.
The contractor is required to discuss the guidance with employees and/or subcontractors.
(End of Clause)
52.212-4 Contract Terms and Conditions-Commercial Items (Oct 2018)
Addendum to FAR 52.212-4 Clauses in corporate by reference in numeric order starting with FAR and followed by VAAR.
The following solicitation clauses apply to this acquisition:
52.252-2 Clauses Incorporated by References (FEB 1998). The full text of FAR/VAAR clauses may be accessed electronically at:
https://www.acquisition.gov/browse/index/far http://www.va.gov/oal/library/vaar/
FAR 52.204-13 System for Award Management Maintenance (Oct 2018)
FAR 52.204-18 Commercial and Government Entity Code Maintenance (Aug 2020)
FAR 52.204-19 Incorporation by Reference of Representations and Certifications (Dec 2014)
FAR 52.222-6 Construction Wage Rate Requirements (Aug 2018)
FAR 52.222-7 Withholding of Funds (May 2014)
FAR 52.222-8 Payrolls and Basic Records (Jul 2021)
FAR 52.222-9 Apprentices and Trainees (Jul 2005)
FAR 52.222-10 Compliance with Copeland Act Requirements (Feb 1988)
FAR 52.222-11 Subcontracts (Labor Standards) (May 2014)
FAR 52.222-12 Contract Termination – Debarment (May 2014)
FAR 52.222-13 Compliance with Construction Wage Rate Requirements and Related Regulations (May 2014)
FAR 52.222-14 Disputes Concerning Labor Standards (Feb 1988)
FAR 52.222-15 Certification of Eligibility (May 2014)
FAR 52.222-32 Construction Wage Rate Requirements – Price Adjustment (Actual Method)(Aug 2018)
FAR 52.223-5 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 852.232-72 Electronic Submission of Payment Requests (Nov 2018)
VAAR 852.242-71 Administrative Contracting Officer (Oct 2020)
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)(18), (b)(25), (b)(26), (b)(29), (b)(31), (b)(33), (b)(34), (b)(36), (b)(39), (b)(46), (b)(48), (b)(51), (b)(55), (b)(59), (b)(63), (c)(1), (c)(2), (c)(7), and (c)(8).
(End of Clause)
FAR 52.217-8 Option to Extend Services (Nov 1999)
The Government may require continued performance of any services within the limits and at the rates specified in the contract. These rates may be adjusted only as a result of revisions to prevailing labor rates provided by the
Secretary of Labor. The option provision may be exercised more than once, but the total 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.
(End of clause)
VAAR 852.219-73 VA Notice of Total Set-Aside for Verified Service-Disabled Veteran-Owned Small
Businesses (Nov 2022)
(a) Definition. for the Department of Veterans Affairs, “Service-disabled Veteran-owned small business concern or
SDVOSB”:
(1) Means a small business concern -
(i) Not less than 51 percent of which is owned by one or more service-disabled Veterans or, in the case of any publicly owned business, not less than 51 percent of the stock of which is owned by one or more service-disabled Veterans or eligible surviving spouses (see VAAR802.101, Surviving Spouse definition);
(ii) The management and daily business operations of which are controlled by one or more service-disabled Veterans (or eligible surviving spouses) or, in the case of a service-disabled Veteran with permanent and severe disability, the spouse or permanent caregiver of such Veteran;
(iii) The business meets Federal small business size standards for the applicable North American Industry
Classification System (NAICS) code identified in the solicitation document;
(iv) The business has been verified for ownership and control pursuant to 38 CFR part 74 and is listed in
VA's Vendor Information Pages (VIP) database at https://www.vetbiz.va.gov/vip/; and
(v) The business will comply with VAAR subpart 819.70 and Small Business Administration (SBA) regulations regarding small business size and government contracting programs at 13 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 https://www.acquisition.gov/vaar/part-819-small-business-programs#Subpart_819_70_T48_50212197 veterans” under section 3(q)(2) of the Small Business Act (15 U.S.C. 632(q)(2)), except that for a VA contract the firm must be listed in the VIP database (see paragraph (a)(1)(iv) of this clause).
(b) General.
(1) Offers are solicited only from VIP-listed SDVOSBs. Offers received from entities that are not VIP-listed SDVOSBs at the time of offer shall not be considered.
(2) Any award resulting from this solicitation shall be made to a VIP-listed SDVOSB who is eligible at the time of submission of offer(s) and at the time of award.
(3) The requirements in this clause apply to any contract, order or subcontract where the firm receives a benefit or preference from its designation as an SDVOSB, including set-asides, sole source awards, and evaluation preferences.
(c) Representation. Pursuant to 38 U.S.C. 8127(e), only VIP-listed SDVOSBs are considered eligible to receive award of a resulting contract. By submitting an offer, the prospective contractor represents that it is an eligible
SDVOSB as defined in this clause, 38 CFR part 74, and VAAR subpart 819.70.
(d) Agreement. When awarded a contract action, including orders under multiple-award contracts, an SDVOSB agrees that in the performance of the contract, the SDVOSB shall comply with requirements in VAAR subpart 819.70 and SBA regulations on small business size and government contracting programs at 13 CFR part
121 and part 125, including the non-manufacturer rule and limitations on subcontracting requirements in 13 CFR
121.406(b) and 13 CFR 125.6. Unless otherwise stated in this clause, a requirement in 13 CFR parts 121 and 125 that applies to an SDVO SBC, is to be construed to also apply to a VIP-listed SDVOSB. For the purpose of limitations on subcontracting, only VIP-listed SDVOSBs (including independent contractors) shall be considered eligible and/or “similarly situated” (i.e., a firm that has the same small business program status as the prime contractor). An otherwise eligible firm further agrees to comply with the required certification requirements in this solicitation (see 852.219-75 or 852.219-76 as applicable). These requirements are summarized as follows:
(1) Services. In the case of a contract for services (except construction), the SDVOSB prime contractor will not pay more than 50% of the amount paid by the government to the prime for contract performance to firms that are not VIP-listed SDVOSBs (excluding direct costs to the extent they are not the principal purpose of the acquisition and the SDVOSB/VOSB does not provide the service, such as airline travel, cloud computing services, or mass media purchases). When a contract includes both services and supplies, the 50 percent limitation shall apply only to the service portion of the contract
(2) Supplies/products.
(i) In the case of a contract for supplies or products (other than from a non-manufacturer of such supplies), the SDVOSB prime contractor will not pay more than 50% of the amount paid by the government to the prime for contract performance, excluding the cost of materials, to firms that are not
VIP-listed SDVOSBs. When a contract includes both supply and services, the 50 percent limitation shall apply only to the supply portion of the contract.
(ii) In the case of a contract for supplies from a non-manufacturer, the SDVOSB prime contractor will supply the product of a domestic small business manufacturer or processor, unless a waiver as described in 13 CFR 121.406(b)(5) has been granted. Refer to 13 CRF 125.6(a)(2)(ii) for guidance pertaining to multiple item procurements.
(3) General construction. In the case of a contract for general construction, the SDVOSB prime contractor will not pay more than 85% of the amount paid by the government to the prime for contract performance, excluding the cost of materials, to firms that are not VIP-listed SDVOSBs.
(4) Special trade construction contractors. In the case of a contract for special trade contractors, no more than 75% of the amount paid by the government to the prime for contract performance, excluding the cost of materials, may be paid to firms that are not VIP-listed SDVOSBs.
(5) Subcontracting. An SDVOSB must meet the NAICS size standard assigned by the prime contractor and be listed in
VIP to count as similarly situated. Any work that a first tier VIP-listed SDVOSB subcontractor further subcontracts will count towards the percent of subcontract amount that cannot be exceeded. For supply or construction contracts, the cost of materials is excluded and not considered to be subcontracted. When a contract includes both services and supplies, the
50 percent limitation shall apply only to the portion of the contract with the preponderance of the expenditure upon which the assigned NAICS is based. For information and more specific requirements, refer to 13 CFR 125.6.
(e) Required limitations on subcontracting compliance measurement period. An SDVOSB shall comply with the limitations on subcontracting as follows:
[Contracting Officer check as appropriate.]
X By the end of the base term of the contract or order, and then by the end of each subsequent option period; or
__By the end of the performance period for each order issued under the contract.
(f) Joint ventures. A joint venture may be considered eligible as an SDVOSB if the joint venture is listed in VIP and complies with the requirements in 13 CFR 125.18(b), provided that any requirement therein that applies to an SDVO
SBC is to be construed to apply to a VIP-listed SDVOSB. A joint venture agrees that, in the performance of the contract, the applicable percentage specified in paragraph (d) of this clause will be performed by the aggregate of the joint venture participants.
(g) Precedence. The VA Veterans First Contracting Program, as defined in VAAR 802.101, subpart 819.70, and this clause, takes precedence over any inconsistencies between the requirements of the SBA Program for SDVO SBCs, and the VA Veterans First Contracting Program.
(h) Misrepresentation. Pursuant to 38 U.S.C. 8127(g), any business concern, including all its principals, that is determined by VA to have willfully and intentionally misrepresented a company's SDVOSB status is subject to debarment from contracting with the Department for a period of not less than five years (see VAAR 809.406-2 Causes for Debarment).
VAAR 852.219-75 VA Notice of Limitations on Subcontracting – Certificate of Compliance for Services and Construction (Jan 2023)
(a) Pursuant to 38 U.S.C. 8127(k)(2), the offeror certifies that -
(1) If awarded a contract (see FAR 2.101 definition), it will comply with the limitations on subcontracting requirement as provided in the solicitation and the resultant contract, as follows: [Contracting Officer check the appropriate box below based on the predominant NAICS code assigned to the instant acquisition as set forth in
FAR 19.102.]
(i) Services. In the case of a contract for services (except construction), the contractor will not pay more than 50% of the amount paid by the government to it to firms that are not VIP-listed SDVOSBs as set forth in
852.219-73 or VOSBs as set forth in 852.219-74. Any work that a similarly situated VIP-listed subcontractor further subcontracts will count towards the 50% subcontract amount that cannot be exceeded. Other direct
X costs may be excluded to the extent they are not the principal purpose of the acquisition and small business concerns do not provide the service as set forth in 13 CFR 125.6.
(ii) General construction. In the case of a contract for general construction, the contractor will not pay more than 85% of the amount paid by the government to it to firms that are not VIP-listed SDVOSBs as set forth in
852.219-73or VOSBs as set forth in 852.219-74. Any work that a similarly situated VIP-listed subcontractor further subcontracts will count towards the 85% subcontract amount that cannot be exceeded. Cost of materials are excluded and not considered to be subcontracted.
(iii) Special trade construction contractors. In the case of a contract for special trade contractors, the contractor will not pay more than 75% of the amount paid by the government to it to firms that are not VIP-listed SDVOSBs as set forth in 852.219-73 or VOSBs as set forth in 852.219-74. Any work that a similarly situated subcontractor further subcontracts will count towards the 75% subcontract amount that cannot be exceeded. Cost of materials are excluded and not considered to be subcontracted.
(2) The offeror acknowledges that this certification concerns a matter within the jurisdiction of an Agency of the United
States. The offeror further acknowledges that this certification is subject to Title 18, United States Code, Section 1001, and, as such, a false, fictitious, or fraudulent certification may render the offeror subject to criminal, civil, or administrative penalties, including prosecution.
(3) If VA determines that an SDVOSB/VOSB awarded a contract pursuant to 38 U.S.C. 8127 did not act in good faith, such SDVOSB/VOSB shall be subject to any or all of the following:
(i) Referral to the VA Suspension and Debarment Committee;
(ii) A fine under section 16(g)(1) of the Small Business Act (15 U.S.C. 645(g)(1)); and
(iii) Prosecution for violating section 1001 of title 18.
(b) The offeror represents and understands that by submission of its offer and award of a contract it may be required to provide copies of documents or records to VA that VA may review to determine whether the offeror complied with the limitations on subcontracting requirement specified in the contract. Contracting officers may, at their discretion, require the contractor to demonstrate its compliance with the limitations on subcontracting at any time during performance and upon completion of a contract if the information regarding such compliance is not already available to the contracting officer. Evidence of compliance includes, but is not limited to, invoices, copies of subcontracts, or a list of the value of tasks performed.
(c) The offeror further agrees to cooperate fully and make available any documents or records as may be required to enable
VA to determine compliance with the limitations on subcontracting requirement. The offeror understands that failure to provide documents as requested by VA may result in remedial action as the Government deems appropriate.
(d) Offeror completed certification/fill-in required. The formal certification must be completed, signed and returned with the offeror's bid, quotation, or proposal. The Government will not consider offers for award from offerors that do not provide the certification, and all such responses will be deemed ineligible for evaluation and award.
Certification
I hereby certify that if awarded the contract, [insert name of offeror] will comply with the limitations on subcontracting specified in this clause and in the resultant contract. I further certify that I am authorized to execute this certification on behalf of [insert name of offeror].
Printed Name of Signee:
Printed Title of Signee:
Signature:
Date:
Company Name and Address:
VAAR 852.237-75 Key Personnel (OCT 2019)
The key personnel specified in this contract are considered to be essential to work performance. At least 30 days prior to the Contractor voluntarily diverting any of the specified individuals to other programs or contracts the Contractor shall notify the Contracting Officer and shall submit a justification for the diversion or replacement and a request to replace the individual. The request must identify the proposed replacement and provide an explanation of how the replacement's skills, experience, and credentials meet or exceed the requirements of the contract. If the employee of the Contractor is terminated for cause or separates from the contractor voluntarily with less than thirty days’ notice, the Contractor shall provide the maximum notice practicable under the circumstances. The Contractor shall not divert, replace, or announce any such change to key personnel without the written consent of the Contracting Officer. The contract will be modified to add or delete key personnel as necessary to reflect the agreement of the parties.
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:
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 52.222-5 Construction Wage Rate Requirements – Secondary Site of Work (May 2014)
FAR 52.223-22 Public Disclosure of Greenhouse Gas Emissions and Reduction Goals – Representation
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 Telecommunications and Video Surveillance Services or
Equipment.
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".
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/
(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)
Addendum to FAR 52.212-2 Evaluation – Commercial Products and Commercial Services (Nov 2021)
(a) The Government will award a contract resulting from this solicitation to the responsible offeror whose offer conforming to the solicitation will be most advantageous to the Government, price and other factors considered. The following factors shall be used to evaluate offers:
Technical Qualifications
Past Performance
Price
Technical and past performance, when combined, are approximately equal to price.
(b) 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.
(End of provision)
PERFORMANCE WORK STATEMENT
A. GENERAL INFORMATION
Title: Disinterment of Veteran, section Alvin Haupt Remains (Decedent ID: 10780241) at
Calverton National Cemetery, Vehicle Transport, & Reinterment at Private Cemetery
Background: The U.S. Department of Veterans Affairs (VA) granted contractual services to procure disinterment services, transport services, and reinternment services from Calverton
National Cemetery (Calverton, New York) to Mount Pleasant Cemetery (private) (Center
Moriches, New York) for deceased Veteran, Herbert A. Haupt. The government shall contract these services in compliance with Federal Acquisition Regulations (FAR).
As a result, the performance work statement (PWS) details desired outcomes, results, and performance standards to achieve disinterment, transport, and reinterment of remains at a private cemetery decided at the convenience of the government. The purpose of this PWS is to outline the requirements. The Contractor shall perform all tasks in compliance with FAR and applicable local, state, and federal regulations.
The deceased Veteran, Herbert A. Haupt, is currently located / interred at Calverton National
Cemetery, 210 Princeton Blvd., Calverton, New York 11933 within section 51A, gravesite 882.
VA’s adjudication has granted that the remains be disinterred from Calverton National
Cemetery, transported, and re-interred at Mount Pleasant Cemetery (private), 41 Main St, Center
Moriches, NY 11934 in the most compassionate, dignified manner. The private grave shall be marked with a flat granite marker inscribed with “Herbert A. Haupt, 1941 – 2023”.
Scope of Work: The Contractor shall provide all personnel, equipment, tools, materials, transportation, supervision, and other items and services necessary to properly disinter at
Calverton National Cemetery following National Cemetery Administration (NCA) policies, transport following the New York State Department of Health (NYSDOH) regulations and provide reinterment at aforementioned private cemetery, Mount Pleasant Cemetery, through a licensed funeral home/director in accordance with Funeral Service Industry standards.
Casketed remains of Veteran, Herbert A. Haupt must, at all times, have proper identifying non-biodegradable tags securely affixed to the casket and transportation container. This shall include
Veteran’s name, date of birth, date of death, and a unique identification number or bar code given by Contractor. This will accompany a more detailed chain of custody form maintained throughout each stage of transportation by the Contractor. Contractor (and subcontractors) will be sole responsible parties upon gravesite disinterment at Calverton National Cemetery until completed reinterment at private cemetery with setting of flat grave marker (headstone). The
Contractor (and subcontractors) will be responsible for any storage requirements of Veteran’s remains between disinterment and reinterment—and as necessary for any unforeseen delays occur prior to reinterment.
Deliverables: The Contractor shall provide the following deliverables prior to award along with a GANTT schedule:
1. Disinterment Plan: Detailed plan outlining the disinterment process to be used, including required permits.
2. Transportation Plan: Detailed plan including route, schedule, and vehicle specifications.
3. Reinterment Plan: Detailed plan outlining the reinterment process to be used, including required acquisitions (burial vault, marker, etc.) and permits.
4. GANTT schedule.
5. Additional Documentation: Copies of all permits, authorizations, and receipts related to the services provided.
6. Prototype for inscription verification of flat granite marker.
7. Key Personnel list.
Deliverables Schedule: Contracted services shall disinter, transport, and reinter in the utmost dignified and timely manner.
Description General Requirements
Service
Completion
Date
Task 1:
Subcontractor
Preparation / Order
Private Flat Granite
Marker
1) Obtain all subcontractors (funeral home, vault company, grave marker company, private cemetery [Mount Pleasant Cemetery]) necessary permits and authorizations required for disinterments;
2) Order grave marker in order to have ready for placement at the time of burial;
TBD
Task 2:
Disinterment at
Calverton National
Cemetery
1) Coordinate with the subcontractors and cemetery director at Calverton
National Cemetery for scheduling and execution upon readiness of flat grave marker;
2) Ensure that the disinterment is conducted in a respectful and dignified manner, adhering to all health and safety regulations.
Task 3:
Transportation from
Calverton National
Cemetery to Mount
Pleasant Cemetery
(private)
1) Arrange for the secure and respectful transportation of the remains from
Calverton National Cemetery to Mount Pleasant Cemetery (private).
2) Use vehicles and equipment (concrete burial vault) that comply with local, state, and federal regulations for the transportation of human remains (not embalmed).
3) Provide a detailed itinerary and schedule for the transportation process.
TBD
Task 4:
Reinterment at
Mount Pleasant
Cemetery (private) /
Placement of Grave
Marker
1) Coordinate with Mount Pleasant Cemetery (private) detailed itinerary and schedule for arrival for re-interment.
2) Ensure concrete base and grave marker (flat granite marker) are ready prior to reinterment to maintain utmost dignity and respect for the deceased Veteran.
TBD
Period of Performance: The period of performance is 120 days, from date of the signed contract. If for any reason a service cannot be accomplished as scheduled, the Contractor is required to submit a request for a time extension to the Contracting Officer. The request must include the reason(s) for the delay, the impact on the overall contract, and the impact on the cost of the contract. The Contracting Officer will consider each request on the basis of its merits and will, if approved, issue a modification to the contract. The Contractor is required to proceed as originally scheduled until such modification is issued. The Contracting Officer is the only official authorized to make changes to the contract.
Key Personnel: Provide a list of Key Personnel, as specified in Contractor’s Technical Proposal who will be working on this contract, must be obtained from the Government within five business days of any change in these Key Personnel.
Type of Contract: This is a firm fixed price contract.
Place of Performance: The work shall be performed in the State of New York at Calverton
National Cemetery, 210 Princeton Blvd., Calverton, New York 11933, and Mount Pleasant
Cemetery (private), 41 Main St, Center Moriches, NY 11934.
COR Authority: In no event is the Contracting Officer’s Representative (COR) empowered to change any of the terms and conditions of the contract. All changes, to any section of this contract, shall be made only by the Contracting Officer pursuant to a properly executed modification. The types of actions within the purview of the COR’s authority are to ensure that the Contractor performs the technical requirements of the contract, and to notify the Contracting
Officer of any deficiencies observed. A Letter of Designation shall be issued to the COR and a copy shall be sent to the Contractor at the time of contract kickoff meeting or post-award conference setting forth in full the responsibilities and limitations of the COR.
B. GENERAL REQUIREMENTS
1. The Contractor shall prepare a detailed management plan. For every task, the Contractor shall identify in writing all necessary subtasks (if any), associated,…
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