Combined Synopsis Solicitation_36C78625Q50255.pdf

_GENERAL INFORMATION:

Document Type: Combined Synopsis Solicitation – TIERED EVALUATION

Solicitation Number: 36C78625Q50255

Title: Purchase & Delivery of Ready-Mix Concrete to Calverton National

Cemetery

Post Date: 05/23/2025

Original Response Date:

Applicable NAICS:

PSC:

Set Aside Type:

Issuing Contracting Office:

Place of Performance:

Attachments:

06/6/2025 at 4:00 pm EST

327320 – Ready Mix Concrete Manufacturing

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 36C78625Q50255.

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 327320, business size standard of 500 employees.

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.

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 ready-mix concrete.

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.

OPTION for INCREASED QUANTITY: This contract will be subject to FAR 52.217-6 Option for Increased Quantity, which allows the government to exercise the option, to increase CLIN 0001 up to an additional 20% of the original quantity, at the same rate specified in the contract’s price schedule. If the government wishes to exercise this option, they will notify the contractor in writing within 30 days prior to the current ordering period’s expiration date. This option may only be exercised once, if needed.

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. Failure to comply will result in the Offeror being considered ineligible.

Service-Disabled Veteran Owned Small Business (SDVOSB) socio-economic category concerns MUST also have an active/current registration with SBA VetCert (www.veterans.certify.sba.gov) prior to the solicitation close date, and at time of award. Failure to comply will result in the Offeror being considered ineligible.

Veteran Owned Small Business (VOSB) 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 three (3) different documents for each volume listed below. Each title shall include the appropriate Volume. The Volumes are as follows:

Volume A – Administrative

The 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) https://sam.gov/content/home http://www.veterans.certify.sba.gov/ http://www.veterans.certify.sba.gov/

• 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 that includes those clauses) 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 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 – Technical Qualifications

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

• Proof that the ready-mix concrete meets the following specs:

o 3500 pounds per square inch (psi) incorporating bluestone aggregate

• Proof that the following option is available for winter months:

o Hot water option with ½% accelerant calcium additive and fiber mesh

Volume C – Pricing

• Offer shall complete Attachment B – Price Schedule.

RFQ QUESTIONS: All questions regarding this solicitation are to be submitted to the Contracting Officer, via email, no later than 12:00 pm EST, Friday, May 30, 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 Friday, June 6, 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.

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.

TIERED EVALUATION: This procurement is set-aside based on an order of priority as established in 38 U.S.C. 8127.

TIERED EVALUATIONS INCLUDING LARGE BUSINESS CONCERNS: This solicitation is being issued as a tiered evaluation with the following tiers: (1) SDVOSB concerns, (2) VOSB concerns, (3) https://sam.gov/ mailto:sarah.poole1@va.gov mailto:Sarah.Poole1@va.gov https://sam.gov/content/home small business concerns with HUBZone small business concerns and 8(a) participants having priority;

and (4) large business concerns. If award cannot be made, the solicitation will be cancelled, and the requirement resolicited.

EVALUATION PROCESS: Quotes will be evaluated using FAR Part 13 procedures. The Government will award a single, Firm-Fixed-Price contract resulting from this Combined Synopsis/Solicitation to the responsible Offeror with the Lowest Price Technically Acceptable quote.

Offerors will be evaluated in the following manner. The lowest-priced quote will be identified. The quote for the lowest-priced offer will be evaluated to determine if the price is fair and reasonable. Then, it will be evaluated for technical acceptability in accordance with criteria set forth in solicitation.

An award will be made if the lowest-priced quote has a fair and reasonable price, is technically acceptable, and Offeror is determined to be responsible. (A responsible prospective contractor means a contractor that meets the standards in FAR 9.104.) If contract award cannot be made to the lowest-priced offer, the Contracting Officer will evaluate the next lowest-priced offer. This process will continue until a contract award can be made, or the Contracting Officer determines that no contract award can be made.

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.

Technical Qualifications:

• Provide proof that the ready-mix concrete meets the following specs:

o 3500 pounds per square inch (psi) incorporating bluestone aggregate

• Provide proof that the following option is available for winter months:

o Hot water option with ½% accelerant calcium additive and fiber mesh

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.

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

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 mailto:VA.Registration@Tungsten-Network.com 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)

*NOTE: 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.

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 52.217-6 Option for Increased Quantity (Mar 1989) *Fill-in: 30 days of the expiration of the contract 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 852.219-73 VA Notice to Total Set-Aside for Certified Service-Disabled Veteran-Owned Small

Businesses (Jan 2023)(Deviation) *Fill-in: By the end of the base term of the contract or order, and then by the end of each subsequent option period

VAAR 852.219-74 VA Notice to Total Set-Aside for Certified Veteran-Owned Small Businesses (Jan 2023) (Deviation)

*Fill-in: By the end of the base term of the contract or order, and then by the end of each subsequent option period

VAAR 852.232-72 Electronic Submission of Payment Requests (Nov 2018) VAAR 852.242-71 Administrative Contracting Officer (Oct 2020) VAAR 852.246-71 Rejected Goods (Oct 2018) VAAR 852.247-71 Delivery Location (Oct 2018) *Fill-in: Calverton National Cemetery 210 Princeton Blvd Calverton, NY 11933

End of Addendum to 52.212-4

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)

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

• Applicable Clauses within 52.212-5 are: (b)(4), (b)(9), (b)(18), (b)(25), (b)(26), (b)(31), (b)(32), (b)(36), (b)(39), (b)(46), (b)(48), (b)(51), (b)(55), (b)(56), (b)(59), and (b)(63).

(End of Clause)

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

The following solicitation provisions apply to this acquisition:

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

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

FAR 52.204-7 System for Award Management (Oct 2018) FAR 52.204-16 Commercial and Government Entity Code Reporting (Aug 2020) FAR 52.204-20 Predecessor of Offeror (Aug 2020) FAR 52.204-20 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 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— 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

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

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

(2) Section 889(a)(1)(B) of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 (Pub. L. 115-232) prohibits the head of an executive agency on or after August 13, 2020, from entering into a contract or extending or renewing a contract with an entity that uses any equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system. This prohibition applies to the use of covered telecommunications equipment or services, regardless of whether that use is in performance of work under a Federal contract. Nothing in the prohibition shall be construed to—

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

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

(c) Procedures. The Offeror shall review the list of excluded parties in the System for Award Management (SAM) ( https://www.sam.gov) for entities excluded from receiving federal awards for "covered telecommunications equipment or services".

(d) Representation. The Offeror represents that—

(1) It □ will, □ will not provide covered telecommunications equipment or services to the Government in the performance of any contract, subcontract or other contractual instrument resulting from this solicitation. The Offeror shall provide the additional disclosure information required at paragraph (e)(1) of this section if the Offeror responds "will" in paragraph (d)(1) of this section; and

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

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

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

(e) Disclosures.

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

(i) For covered equipment— https://www.sam.gov/

(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;

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;

number; and item description, as applicable); and

(C) Explanation of the proposed use of covered telecommunications equipment and any 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;

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 prohibition in paragraph (b)(2) of this provision.

(End of provision)

FAR 52.225-2 Buy American Certificate (Oct 2022)

(a)(1)The Offeror certifies that each end product, except those listed in paragraph (b) of this provision, is a domestic end product and that each domestic end product listed in paragraph (c) of this provision contains a critical component.

(2) The Offeror shall list as foreign end products those end products manufactured in the United States that do not qualify as domestic end products. For those foreign end products that do not consist wholly or predominantly of iron or steel or a combination of both, the Offeror shall also indicate whether these foreign end products exceed 55 percent domestic content, except for those that are COTS items. If the percentage of the domestic content is unknown, select “no”.

(3) The Offeror shall separately list the line item numbers of domestic end products that contain a critical component (see FAR 25.105).

(4) The terms “commercially available off-the-shelf (COTS) item,” “critical component,” "domestic end product," "end product," and "foreign end product" are defined in the clause of this solicitation entitled "Buy American-Supplies."

(b) Foreign End Products:

Line Item Country of Origin Exceeds 55% Domestic

Content (Yes/No)

(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 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

(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.

(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 and found to be Technically Acceptable (LPTA).

(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.

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 https://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 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

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.”

ATTACHMENT A

STATEMENT OF NEED

I. EXPLANATION OF NEED:

Calverton National Cemetery (CNC) is located at 210 Princeton Blvd, Calverton NY. The cemetery grounds, spanning 1,045 acres, is a national shrine honoring those who served the country and their eligible dependents. With over 4,400 interments annually, it is essential to maintain the aesthetic appeal of the grounds to provide a dignified environment for visitors and families.

II. PURPOSE, GOALS AND SCOPE:

The purpose of this procurement is to purchase and have delivered high-quality READY-MIX CONCRETE to ensure that the cemetery grounds are properly maintained, operational, and aesthetically pleasing. Calverton National Cemetery requires an estimated annual delivery of 100 CY with an optional quantity increase of 20 CY.

a) Ready-Mix Specifications:

o Mix ratio of 3500# pounds per square inch (psi) incorporating bluestone aggregate.

o Hot water option with 1/2% accelerant calcium additive and fiber mesh will only be exercised during winter months (estimated less than 20% will be requested with winter protection).

b) Quality Assurance:

o The Contractor must inspect all ready-mix prior to transport and delivery to ensure it meets all specifications and ASTM C94/C94M quality standards.

III. CONTRACTOR REQUREMENTS/RESPONSIBILITIES:

a) Delivery Requirements:

o Delivery Request: The Contracting Officer’s Representative (COR) will contact the Contractor to request the delivery of ready-mix on an as-needed basis. Deliveries will be coordinated based on cemetery needs, and the contractor will be given 1-week prior notice for each request. This notice will specify the quantity of ready-mix, as well whether any options are required and confirm the delivery time & location. Upon receiving a delivery request, the Contractor must confirm the scheduled delivery with the COR within 24 hours of notification.

This confirmation ensures that all arrangements regarding the type of ready-mix, delivery date, and time are finalized.

o Deliver Location: The ready-mix will be poured in specific area designated by COR upon delivery.

o Inspection upon Delivery: The COR or designee will inspect the ready-mix upon arrival to ensure it meets the contract requirements, including the quality, quantity, and condition. Any ready-mix failing basic visual slump, air content, and temperature check tests will be rejected by the COR or designee.

o Workability Timeframe & Protection during Transportation: Due to the window of workability (approximately 2 hours from time of batch mix), manufacture location of concrete batch shall be within 30–45-minute drive time from Calverton National Cemetery facility.

The ready-mix must be properly transported to prevent quality damage during transportation and delivery.

o Delivery Timing: All deliveries must be made between the hours of 8:00AM and 3:00PM.

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

J ’ Bi hd 3rd

M d January

President’s Day 3rd M d

February Memorial Day Last

M d May

Juneteenth/Freedom D

19th June Independence Day 4th July

Labor Day 1st M d

September Columbus Day 2nd

M d October

Veterans Day 11th November Thanksgiving Day 4th

Th d November

Christmas Day 25th December o Handling and Unloading: Contractor must provide all necessary equipment and personnel for pour of the ready-mix in the designated area. The contractor must ensure that the truck is positioned carefully to avoid damage.

o Notification of Delivery Issues: If there are any unforeseen delays of issues with the delivery, the contractor must notify the COR immediately and work to resolve the issue as soon as possible.

o Replacement of Rejected Ready-Mix: Any ready-mix rejected by the COR or designee must be replaced within three (3) business days at no additional cost to the government.

b) Communication: Effective communication between the Contractor and the COR is essential to ensure the smooth coordination of delivery dates and times. The contractor must promptly notify the COR of any changes to the delivery schedule or any potential issues that may arise during the delivery process. This open line of communication will help facilitate proper pour of the ready-mix and minimize disruptions.

c) Operational Requirements: It is imperative that the Contractor respect the solemn nature of burial activities at the cemetery. All deliveries must be planned to avoid disturbing committal services. Trucks are strictly prohibited from passing through any committal or burial service areas during these ceremonies.

d) Insurance, Licenses & Permits: The Contractor must 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 cemetery property.

e) Preservation and Protection Responsibilities: The Contractor must preserve and protect all structures, equipment, roads, and vegetation, including trees, shrubs, & grass located at Calverton National Cemetery. The Contractor is responsible for ensuring that these features are not removed or damaged during the delivery process.

In addition, the Contractor must take all necessary precautions to protect existing improvements and utilities at or near the delivery site, including those on adjacent properties. In the event of any damage to these facilities, the Contractor must immediately notify the COR and promptly repair any damage caused by their operations.

(End of Statement of Need)

ATTACHMENT B

Price Schedule

Base Year:

CLIN DESCRIPTION EST.

QTY UNIT UNIT

COST

TOTAL

EST

COST

Furnish / Deliver Ready Mix Concrete to Calverton National Cemetery on an “as-needed” basis.

(*This CLIN is subject to FAR 52.217-6 for an optional quantity of 20%.)

100 Cubic Yards $ ______ $ _____

(End of Price Schedule)