Grounds Maintenance Services - Kerrville National Cemetery

**EDIT: 2/5/26 - Amendment A00002 added to extend closing date to 2/13/26 at 12pm EST and add attachment "RFQ 36C78626Q50057 Questions and Answers"**

**EDIT: 1/21/26 - Amendment A00001 added to change site visit dates and remove mandatory site visit attendance requirement.**

GENERAL INFORMATION:

Document Type:                     

Combined Synopsis Solicitation

Solicitation Number:                

36C78626Q50057

Post Date:                                

01/14/2026

Original Response Date:           

02/06/2026 12:00pm EST

Applicable NAICS:                  

561730 – Landscaping Services

Classification Code:                 

S208 – Housekeeping – Landscaping/Groundskeeping

Set Aside Type:                        

100% Set Aside – Service-Disabled Veteran-Owned Small Business (SDVOSB)

Period of Performance:             

Base: 1 April 2026- 31 March 2027

Option 1: 1 April 2027 - 31 March 2028

Option 2: 1 April 2028 - 31 March 2029

Option 3: 1 April 2029 - 31 March 2030

Option 4: 1 April 2030 - 31 March 2031

Issuing Contracting Office:       

Department of Veterans Affairs

National Cemetery Administration, Contract Services

18434 Joplin Road

 Triangle, VA 22172

Place of Performances:             

Kerrville National Cemetery     

203 Spur 100

Kerrville, TX 78028

Attachments:

Attachment A – Performance Work Statement Kerrville Grounds Maintenance

Attachment B – Attachments to PWS Kerrville Grounds Maintenance

Attachment C – Price Schedule Kerrville Grounds Maintenance

Attachment D – U.S. Department of Labor Wage Determination 2015-5293

This is a combined synopsis/solicitation for commercial services prepared in accordance with FAR part 12 as supplemented with additional information included in this notice.  This announcement constitutes the only solicitation. Offers are being requested and a separate written solicitation will not be issued.

Solicitation number 36C78626Q50057 is issued as a Request for Quotation (RFQ) for Grounds Maintenance Services at Kerrville National Cemetery (203 Spur 100, Kerrville, TX 78028). National Cemetery Administration anticipates the award of a single award indefinite-delivery, indefinite-quantity (IDIQ) contract with a base period of one-year and four (4) one-year option periods. The (NAICS) code for this procurement is 561730 (business size standard is $9,500,000). This solicitation incorporates provisions and clauses in effect through Federal Acquisition Circular (FAC) FAC 2025-06 (eff. 8/27/2025). 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. 

RESPONSE TO REQUEST FOR QUOTATION (RFQ): Quotes are due to the Contracting Officer no later than 12:00pm EST on 02/06/2026. The government intends to make award without discussions.  All information submitted in response to this announcement is voluntary and the government will not pay for information provided nor will it compensate any respondent for any cost incurred in developing information provided for the government.  Offerors are responsible for obtaining all amendments or additional information concerning this announcement at SAM.gov.

SITES VISITS: A site visit will be held on Wednesday, January 21, 2026, and Thursday, January 22, 2026, at 9am local time. Interested vendors must meet the government point of contact at the entrance gate. All offers must attend the site visit to be considered for award. Subcontractors may attend the site visit with the prime contractor. Attendance at the site visit by only the subcontractor, without the prime contractor, is not sufficient for award consideration.

SOLICITATION QUESTIONS: All questions regarding this solicitation are to be submitted to the Contracting Officer via email, no later than January 26, 2026, at 12:00pm EST. No questions will be accepted after this time. Questions pertaining to this announcement shall be sent by email to: contact@example.gov.  Telephone inquiries will not be accepted. Associated answers to questions submitted will be provided via a solicitation amendment. Should an amendment not be endorsed by the interested offeror, the quote will be considered ineligible for award. All questions will be answered via solicitation amendment which will be published to SAM.gov on or before January 30, 2026.

INSTRUCTIONS TO OFFERORS:  

Interested offerors MUST be registered with the System of Award Management (SAM) at http://www.sam.gov and must compete the Online Representations and Certifications Application (ORCA) at http://www.sam.gov prior to the solicitation closing date. Failure to comply will result in the offeror being considered ineligible.  

IT IS THE RESPONSIBILITY OF THE OFFEROR TO SUBMIT THEIR BEST OFFER AT THE TIME QUOTES ARE DUE.

The guaranteed minimum amount for the life of the contract is $5,000.00. The maximum aggregate value of the contract, inclusive of the Five One-Year ordering periods, shall not exceed $500,000.00. The Government will evaluate proposals for award purposes by adding the total price for all options to the total price for the basic requirement. The Government may determine that a proposal is unacceptable if the option prices are significantly unbalanced or if the proposed price for the basic requirement or any option exceeds the amount of funding available for any of those requirements.  Evaluation of options shall not obligate the Government to exercise the option(s).  

Anyone submitting a quote as a Service-Disabled Veteran Owned Small Business (SDVOSB) and Veteran Owned Small Business (VOSB) socio-economic category concerns MUST have an active/current registration with the SBA Dynamic Small Business Search; https://search.certifications.sba.gov/

IT’S THE RESPONSIBILITY OF THE PROSPECTIVE VENDORS TO READ AND UNDERSTAND THE TERMS AND CONDITIONS PRIOR TO SUBMITTING A QUOTE. ANY DEVIATION FROM ACCEPTING THE TERMS AND CONDITIONS SHALL MAKE YOUR QUOTE INELIGIBLE.

QUOTATION PREPARATON INSTRUCTIONS: Contractors are strongly encouraged to follow the format below to submit their package. Offers that fail to include any information outlined in Volume A will not be considered for award.

Offerors shall submit quotes in separate Adobe Acrobat (.pdf) documents identifying each .pdf document as Volume A and Volume B.

Company Information (Volume A)

The following information shall be included in Volume A:

• Legal Business/Company Name (as listed in www.sam.gov)
• Complete Company Address (No P.O. Boxes)
• SAM UEI
• Company Point of Contract Name and Title
• Telephone Number
• Email Address
• Company Capabilities Statement (Contractor-provided statements and/or literature that clearly explains experience, approach and/or abilities to perform the tasks described in the Performance Work Statement)
• Resume for On-site Supervisor(s) demonstrating a minimum of five (5) years’ experience as a direct supervisor of grounds maintenance, & realignment of headstones.
• List of equipment to perform grounds maintenance.
• License for fertilizer/herbicide/pesticide applicator (must be licensed by the State of Texas)
• One (1) Signed Copy of all Solicitation Amendments
• One (1) Copy of Completed FAR Clause 52.223-3 “Hazardous Material Identification and Material Safety Data” (if applicable).
• One (1) copy of Completed FAR Provisions 52.212-3 “Certifications and Representations” or indicate whether contractor has completed the annual representation and certifications electronically at www.sam.gov (copy of current SAM status)
• One (1) Copy of Completed VAAR Clause 852.219-75 VA Notice of Limitations on Subcontracting - Certificate of Compliance for Services and Construction” Failure to comply will result in the offeror being ineligible for award.
• In accordance with Public Law 116-183 a Small Business claiming Veterans First Status, Service Disable Veteran Owned Small Business (SDVOSB), or Veteran Owned Small Business (VOSB), must certify in writing that their firm are performing 51 percent of the work. Therefore, Interested Offerors who claim SDVOSB or VOSB status shall provide (1) document stating their compliance with PL 116-183.  Failure to comply will result in the offeror being ineligible for award. Should award be made to an SDVOSB or a VOSB who is suspected of violating PL 116-183 this Agency will refer suspected violators to its department’s inspector general for investigation and possible fines, suspensions, or debarments. 
• Vendors must include in their quote a brief technical submission that confirms their ability to meet all requirements of the RFQ. This shall include a description of materials being offered, confirmation that the materials meet the specified standards, proposed delivery method and timeframe, and any relevant product specifications. Quotes that do not include sufficient technical detail to verify compliance may be considered unacceptable.

Pricing (Volume B)

The following information shall be included in Volume B

• Proposed pricing shall be submitted on the Price/Cost Schedule of Services (Attachment C)

Price Schedule: Contractor shall furnish all labor, supervision, equipment, materials and supplies necessary to provide landscaping materials to:

Kerrville National Cemetery, 203 Spur 100, Kerrville, TX  78028.

Services and Supplies will be provided in accordance with all terms, conditions, specifications, requirements, and schedules of the contract, including National Cemetery Administration Standard Operating Procedures and Operational Standards & Measures.

Solicitation Provisions and Contract Clauses

FAR Clauses (by reference)

52.202-1           Definitions (NOV 2013)

52.203-6           Alternate I

52.203-17         Contractor Employee Whistleblower Rights and Requirement to Inform Employees of                   Whistleblower Rights (NOV 2023)

52.204-10         Reporting Executive Compensation and First-Tier Subcontract Awards (Jun 2020)

52.204-13         System for Award Management Maintenance (OCT 2018)

52.204-14         Service Contract Reporting Requirements (Oct 2016)

52.204-18         Commercial and Government Entity Code Maintenance (AUG 2020)

52.204-27         Prohibition on a ByteDance Covered Application (Jun 2023)

52.209-6           Protecting the Government's Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment. (Nov 2021)

52.212-4           Contract Terms and Conditions- Commercial Items (Nov 2023)   

Addendum to FAR 52.212-4

52.219-6           Notice of Total Small Business Set-Aside (Nov 2020)

52.219-8           Utilization of Small Business Concerns (Feb 2024)

52.219-9           Small Business Subcontracting Plan (Sep 2023)

52.219-14         Limitations on Subcontracting (Oct 2022)

52.219-27         Notice of Set-Aside for, or Sole-Source Award to, Service-Disabled Veteran-Owned Small Business (SDVOSB) Concerns Eligible Under the SDVOSB Program (Feb 2024)

52.219-28         Post-Award Small Business Program Rerepresentation (JAN 2025)

52.219-32         Orders Issued Directly Under Small Business Reserves (Mar 2020)

52.222-3           Convict Labor. (JUN 2003) (DEVIATION NOV 2025)

52.222-35         Equal Opportunity for Veterans. (JUN 2020) (DEVIATION NOV 2025)

52.222-36         Equal Opportunity for Workers with Disabilities (Jun 2020

52.222-37         Employment Reports on Veterans. (JUN 2020) (DEVIATION NOV 2025)

52.222-41         Service Contract Labor Standards. (AUG 2018) (DEVIATION NOV 2025)

52.222-43         Fair Labor Standards Act and Service Contract Labor Standards-Price Adjustment (Multiple Year and Option Contracts). (AUG 2018) (DEVIATION NOV 2025)

52.222-50         Combating Trafficking in Persons (Nov 2021)

52.222-55         Minimum Wages for Contractor Workers Under Executive Order 14026 (JAN 2022)

52.232-33         Payment by Electronic Funds Transfer--System for Award Management (Oct 2018)

52.233-2           Service of Protest (SEPT 2006)

52.237-2           Protection of Government Buildings, Equipment, and Vegetation (APR 1984)

52.237-3           Continuity of Services (JAN 1991)

52.242-5           Payments to Small Business Subcontractors (Jan 2017)

52.252-2           Clauses Incorporated by Reference (FEB 1998)

http://www.acquisition.gov/far/index.html (FAR) and

https://www.va.gov/oal/library/vaar/index.asp (VAAR)

FAR Clauses (full text)

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.

(End of clause)

52.217-9 Option to Extend the Term of the Contract (Mar 2000)

(a) The Government may extend the term of this contract by written notice to the Contractor within

30 days; provided that the Government gives the Contractor a preliminary written notice of its intent to extend at least 60 days before the contract expires. The preliminary notice does not commit the Government to an extension.

(b) If the Government exercises this option, the extended contract shall be considered to include this option clause.

(c) The total duration of this contract, including the exercise of any options under this clause, shall not exceed 5 years, 6 months.

(End of clause)

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

As prescribed in 23.303, insert the following clause:

(a) "Hazardous material," as used in this clause, includes any material defined as hazardous under the latest version of Federal Standard No.313 (including revisions adopted during the term of the contract).

(b) The offeror must list any hazardous material, as defined in paragraph (a) of this clause, to be delivered under this contract. The hazardous material shall be properly identified and include any applicable identification number, such as National Stock Number or Special Item Number. This information shall also be included on the Material Safety Data Sheet submitted under this contract.

Material (If none, insert None)

Identification No.

____________________

____________________

____________________

____________________

____________________

(c) This list must be updated during performance of the contract whenever the Contractor determines that any other material to be delivered under this contract is hazardous.

(d) The apparently successful offeror agrees to submit, for each item as required prior to award, a Material Safety Data Sheet, meeting the requirements of 29 CFR 1910.1200(g) and the latest version of Federal Standard No.313, for all hazardous material identified in paragraph (b) of this clause. Data shall be submitted in accordance with Federal Standard No.313, whether or not the apparently successful offeror is the actual manufacturer of these items. Failure to submit the Material Safety Data Sheet prior to award may result in the apparently successful offeror being considered nonresponsible and ineligible for award.

(e) If, after award, there is a change in the composition of the item(s) or a revision to Federal Standard No.313, which renders incomplete or inaccurate the data submitted under paragraph (d) of this clause, the Contractor shall promptly notify the Contracting Officer and resubmit the data.

(f) Neither the requirements of this clause nor any act or failure to act by the Government shall relieve the Contractor of any responsibility or liability for the safety of Government, Contractor, or subcontractor personnel or property.

(g) Nothing contained in this clause shall relieve the Contractor from complying with applicable Federal, State, and local laws, codes, ordinances, and regulations (including the obtaining of licenses and permits) in connection with hazardous material.

(h) The Government’s rights in data furnished under this contract with respect to hazardous material are as follows:

(1) To use, duplicate and disclose any data to which this clause is applicable. The purposes of this right are to-

(i) Apprise personnel of the hazards to which they may be exposed in using, handling, packaging, transporting, or disposing of hazardous materials;

(ii) Obtain medical treatment for those affected by the material; and

(iii) Have others use, duplicate, and disclose the data for the Government for these purposes.

(2) To use, duplicate, and disclose data furnished under this clause, in accordance with paragraph (h)(1) of this clause, in precedence over any other clause of this contract providing for rights in data.

(3) The Government is not precluded from using similar or identical data acquired from other sources.

(End of clause)

Alternate I (July 1995). If the contract is awarded by an agency other than the Department of Defense, add the following paragraph (i) to the basic clause:

(i) Except as provided in paragraph (i)(2), the Contractor shall prepare and submit a sufficient number of Material Safety Data Sheets (MSDS's), meeting the requirements of 29 CFR 1910.1200(g) and the latest version of Federal Standard No.313, for all hazardous materials identified in paragraph (b) of this clause.

(1) For items shipped to consignees, the Contractor shall include a copy of the MSDS's with the packing list or other suitable shipping document which accompanies each shipment. Alternatively, the Contractor is permitted to transmit MSDS's to consignees in advance of receipt of shipments by consignees, if authorized in writing by the Contracting Officer.

(2) For items shipped to consignees identified by mailing address as agency depots, distribution centers or customer supply centers, the Contractor shall provide one copy of the MSDS's in or on each shipping container. If affixed to the outside of each container, the MSDS's must be placed in a weather resistant envelope.

(End of clause)

52.232-19 Availability of Funds for the Next Fiscal Year (Apr 1984)

Funds are not presently available for performance under this contract beyond 9/30/2026.  The Government's obligation for performance of this contract beyond that date is contingent upon the availability of appropriated funds from which payment for contract purposes can be made. No legal liability on the part of the Government for any payment may arise for performance under this contract beyond 9/30/2026, until funds are made available to the Contracting Officer for performance and until the Contractor receives notice of availability, to be confirmed in writing by the Contracting Officer.

(End of clause)

VAAR Clauses (by reference)

852.201-70 Contracting Officers Representative (DEC 2022)

852.203-70 Commercial Advertising (MAY 2018)

815.204-70 Personal Identity Verification of Contractor Personnel (MAY 2020)

852.211-72 Technical Industry Standards (NOV 2018)

852.212-70 Provisions and Clauses Applicable to VA Acquisition of Commercial Items (APR 2020)

VAAR clauses (full text)

852.219-73 VA Notice of Total Set-Aside for Verified Service-Disabled Veteran-Owned Small Businesses

(a) Definition. for the Department of Veterans Affairs, “Service-disabled Veteran-owned small business concern or SDVOSB”:

(1) Means a small business concern -

(i) Not less than 51 percent of which is owned by one or more service-disabled Veterans or, in the case of any publicly owned business, not less than 51 percent of the stock of which is owned by one or more service-disabled Veterans or eligible surviving spouses (see VAAR802.101, Surviving Spouse definition);

(ii) The management and daily business operations of which are controlled by one or more service-disabled Veterans (or eligible surviving spouses) or, in the case of a service-disabled Veteran with permanent and severe disability, the spouse or permanent caregiver of such Veteran;

(iii) The business meets Federal small business size standards for the applicable North American Industry Classification System (NAICS) code identified in the solicitation document;

(iv) The business has been verified for ownership and control pursuant to 38 CFR part 74 and is listed in VA's Vendor Information Pages (VIP) database at https://www.vetbiz.va.gov/vip/; and

(v) The business will comply with VAAR subpart 819.70 and Small Business Administration (SBA) regulations regarding small business size and government contracting programs at 13 CFR parts 121 and 125, provided that any reference therein to a service-disabled veteran-owned small business concern or SDVO SBC, is to be construed to apply to a VA verified and VIP-listed SDVOSB, unless otherwise stated in this clause.

(2) The term “Service-disabled Veteran” means a Veteran, as defined in 38 U.S.C. 101(2), with a disability that is service-connected, as defined in 38 U.S.C. 101(16).

(3) The term “small business concern” has the meaning given that term under section 3 of the Small Business Act (15 U.S.C. 632).

(4) The term “small business concern owned and controlled by Veterans with service-connected disabilities” has the meaning given the term “small business concern owned and controlled by service-disabled veterans” under section 3(q)(2) of the Small Business Act (15 U.S.C. 632(q)(2)), except that for a VA contract the firm must be listed in the VIP database (see paragraph (a)(1)(iv) of this clause).

(b) General.

(1) Offers are solicited only from VIP-listed SDVOSBs. Offers received from entities that are not VIP-listed SDVOSBs at the time of offer shall not be considered.

(2) Any award resulting from this solicitation shall be made to a VIP-listed SDVOSB who is eligible at the time of submission of offer(s) and at the time of award.

(3) The requirements in this clause apply to any contract, order or subcontract where the firm receives a benefit or preference from its designation as an SDVOSB, including set-asides, sole source awards, and evaluation preferences.

(c) Representation. Pursuant to 38 U.S.C. 8127(e), only VIP-listed SDVOSBs are considered eligible to receive award of a resulting contract. By submitting an offer, the prospective contractor represents that it is an eligible SDVOSB as defined in this clause, 38 CFR part 74, and VAAR subpart 819.70.

(d) Agreement. When awarded a contract action, including orders under multiple-award contracts, an SDVOSB agrees that in the performance of the contract, the SDVOSB shall comply with requirements in VAAR subpart 819.70 and SBA regulations on small business size and government contracting programs at 13 CFR part 121 and part 125, including the non-manufacturer rule and limitations on subcontracting requirements in 13 CFR 121.406(b) and 13 CFR 125.6. Unless otherwise stated in this clause, a requirement in 13 CFR parts 121 and 125 that applies to an SDVO SBC, is to be construed to also apply to a VIP-listed SDVOSB. For the purpose of limitations on subcontracting, only VIP-listed SDVOSBs (including independent contractors) shall be considered eligible and/or “similarly situated” (i.e., a firm that has the same small business program status as the prime contractor). An otherwise eligible firm further agrees to comply with the required certification requirements in this solicitation (see 852.219-75 or 852.219-76 as applicable). These requirements are summarized as follows:

(1) Services. In the case of a contract for services (except construction), the SDVOSB prime contractor will not pay more than 50% of the amount paid by the government to the prime for contract performance to firms that are not VIP-listed SDVOSBs (excluding direct costs to the extent they are not the principal purpose of the acquisition and the SDVOSB/VOSB does not provide the service, such as airline travel, cloud computing services, or mass media purchases). When a contract includes both services and supplies, the 50 percent limitation shall apply only to the service portion of the contract

(2) Supplies/products.

(i) In the case of a contract for supplies or products (other than from a non-manufacturer of such supplies), the SDVOSB prime contractor will not pay more than 50% of the amount paid by the government to the prime for contract performance, excluding the cost of materials, to firms that are not VIP-listed SDVOSBs. When a contract includes both supply and services, the 50 percent limitation shall apply only to the supply portion of the contract.

(ii) In the case of a contract for supplies from a non-manufacturer, the SDVOSB prime contractor will supply the product of a domestic small business manufacturer or processor, unless a waiver as described in 13 CFR 121.406(b)(5) has been granted. Refer to 13 CRF 125.6(a)(2)(ii) for guidance pertaining to multiple item procurements.

(3) General construction. In the case of a contract for general construction, the SDVOSB prime contractor will not pay more than 85% of the amount paid by the government to the prime for contract performance, excluding the cost of materials, to firms that are not VIP-listed SDVOSBs.

(4) Special trade construction contractors. In the case of a contract for special trade contractors, no more than 75% of the amount paid by the government to the prime for contract performance, excluding the cost of materials, may be paid to firms that are not VIP-listed SDVOSBs.

(5) Subcontracting. An SDVOSB must meet the NAICS size standard assigned by the prime contractor and be listed in VIP to count as similarly situated. Any work that a first tier VIP-listed SDVOSB subcontractor further subcontracts will count towards the percent of subcontract amount that cannot be exceeded. For supply or construction contracts, the cost of materials is excluded and not considered to be subcontracted. When a contract includes both services and supplies, the 50 percent limitation shall apply only to the portion of the contract with the preponderance of the expenditure upon which the assigned NAICS is based. For information and more specific requirements, refer to 13 CFR 125.6.

(e) Required limitations on subcontracting compliance measurement period. An SDVOSB shall comply with the limitations on subcontracting as follows:

(X) By the end of the base term of the contract or order, and then by the end of each subsequent option period; or

__By the end of the performance period for each order issued under the contract.

(f) Joint ventures. A joint venture may be considered eligible as an SDVOSB if the joint venture is listed in VIP and complies with the requirements in 13 CFR 125.18(b), provided that any requirement therein that applies to an SDVO SBC is to be construed to apply to a VIP-listed SDVOSB. A joint venture agrees that, in the performance of the contract, the applicable percentage specified in paragraph (d) of this clause will be performed by the aggregate of the joint venture participants.

(g) Precedence. The VA Veterans First Contracting Program, as defined in VAAR 802.101, subpart 819.70, and this clause, takes precedence over any inconsistencies between the requirements of the SBA Program for SDVO SBCs, and the VA Veterans First Contracting Program.

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

(End of clause)

852.219-75 VA Notice of Limitations on Subcontracting - Certificate of Compliance for Services and Construction (NOV 2022)

(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:

(i) X Services. In the case of a contract for services (except construction), the contractor will not pay more than 50% of the amount paid by the government to it to firms that are not VIP-listed SDVOSBs as set forth in 852.219-73 or VOSBs as set forth in 852.219-74. Any work that a similarly situated VIP-listed subcontractor further subcontracts will count towards the 50% subcontract amount that cannot be exceeded. Other direct costs may be excluded to the extent they are not the principal purpose of the acquisition and small business concerns do not provide the service as set forth in 13 CFR 125.6.

(ii) □ General construction. In the case of a contract for general construction, the contractor will not pay more than 85% of the amount paid by the government to it to firms that are not VIP-listed SDVOSBs as set forth in 852.219-73or VOSBs as set forth in 852.219-74. Any 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, [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 [name of offeror].

Printed Name of Signee:

Printed Title of Signee:

Signature:

Date:

Company Name and Address:

(End of clause)

FAR Provisions (by reference)

52.201-1           Acquisition 360: Voluntary Survey. (SEPT 2023)

52.204-7           System for Award Management (OCT 2018)

52.204-16         Commercial and Government Entity Code Reporting (AUG 2020)

52.204-20         Predecessor of Offeror (AUG 2020)

52.204-24         Representation Regarding Certain Telecommunications and Video Surveillance Services or Equipment (NOV 2021)

52.212-1           Instructions to Offerors-Commercial Products and Commercial Services (SEP 2023)

52.212-3           Offeror Representations and Certifications-Commercial Products and Commercial Services (Nov 2023) 

52.225-2           Buy American Certificate

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

52.252-1           Solicitation Provisions Incorporated by Reference (FEB 1998)

                        http://www.acquisition.gov/far/index.html (FAR)

                          http://www.va.gov/oal/library/vaar/index.asp (VAAR)

FAR Provisions (Full Text)

52.212-2 Evaluation-Commercial Items (NOV 2021)

Evaluations will be conducted in accordance with FAR 12.203. The basis of award is lowest-priced, technically acceptable (LPTA). The following factors shall be used to evaluate offers:

(1) Technical Capability (outlined in “Company Information (Volume A)”)

(2) Past Performance (Past performance shall be evaluated based on the Contractor’s technical qualifications on projects within the last 5 years that are comparable in size, complexity, and scope). Past Performance information shall be obtained by the following methods.

1. 1. The Contracting Officer’s knowledge of previous experience with the service being acquired.
   2. Contractor’s past performance descriptions of a minimum of 3 recent (within the last 5 years) projects of similar size and scope
   3. The Contractor Performance Assessment Reporting System (CPARS) at https://www.cpars.gov
   4. Any other reasonable basis.

(3) Price

EVALUATION PROCESS: 

Quotes will be evaluated in the following manner.  The lowest-priced quote will be identified.  The lowest-priced quote will be evaluated to determine if the quoted price exceeds the amount of funding available for the procurement.  If the quoted price does not exceed the amount of funding available for the procurement, the quoted price will be evaluated to determine if it is reasonable and technically acceptable for each factor. 

Technical acceptability will be evaluated on a pass/fail basis. To be considered technically acceptable, the quote must fully meet all minimum material specifications, quantities, and delivery requirements outlined in the RFQ. No additional technical scoring will be applied. Quotes that fail to meet any requirement will be deemed technically unacceptable and will not be considered for award, regardless of price.

(b) When using the lowest price technically acceptable process, the following apply: The evaluation factors and significant subfactors that establish the requirements of acceptability shall be set forth in the solicitation. Solicitations shall specify that award will be made on the basis of the lowest evaluated price of quotes meeting or exceeding the acceptability standards for non-cost factors.

After receiving all quotes, the CO will determine and document the lowest priced quote and then forward the lowest priced vendor’s technical information to the technical evaluation team (TET).  The technical evaluation team will evaluate the quote in an impartial manner to determine whether it meets the government’s minimum requirements as outlined in the solicitation.

The team will review all technical information submitted by the vendor and complete a consensus evaluation sheet that represents the entire team’s technical evaluation. The consensus sheet will capture the narrative comments from all evaluation team members.  

All Quoters are advised that, in the interest of efficiency, the Government reserves the right to conduct the evaluation in the most effective manner.  Specifically, the Government will first evaluate the total proposed price of the base term and four-one year option periods.  Thereafter, the Government will evaluate the non-price factors of the lowest quote for that item.  If the lowest priced Quoter’s quote is determined to be rated as Acceptable, the Government will make award to that Quoter without further evaluation of the remaining quotes.  If the lowest price quote is determined to be rated Unacceptable, then the Government will evaluate the next lowest price quote, and so forth and so on, until the Government reaches the lowest price quote that is determined to be rated as Acceptable.

The Contracting Officer may find all quotes not acceptable and cancel the solicitation if the lowest-priced quote exceeds the amount of funding available for the procurement. The Government intends to evaluate quotes and award a contract without discussions with Offerors.  However, the Government reserves the right to conduct discussions at any time if determined by the Contracting Officer to be in the Government’s interest.

The quotes will be evaluated strictly in accordance with its written content.  Quotes which merely restate the requirement, or state that the requirements will be met without providing supporting rationale are not sufficient.  Offerors who fail to meet the minimum requirements of the solicitation will be rated Unacceptable and thus, ineligible for award.

Non-price Factor Evaluation Approach:  The evaluation process will consider the extent to which the quote demonstrates a clear understanding of the non-price factors involved in meeting the solicitation requirements, and whether the Quoter can effectively manage the Statement of Work, and past performance record adequately and completely considered, defined and satisfied the requirements in the solicitation.

Price:  Proposed price will be evaluated for Reasonableness. The Contracting Officer must determine that the proposed price is fair and reasonable. Specifically, the Government will first evaluate the total proposed price of the base term and four-one year option periods. Whenever possible, price reasonableness will be based on competitive quotes

 (b) Options. The Government will evaluate offers for award purposes by adding the total price for all options to the total price for the basic requirement. Evaluation of options shall not obligate the Government to exercise the option(s).

(c) 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)

VAAR Provisions (by reference)

852.237-75 Key Personnel (OCT 2019)

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