Combined Synopsis Solicitation Solicitation Number: 36C78626Q50256 Post Date: 10/07/2026 Response Date: 10/28/2026 15:00 pm EST NAICS: 561730 Classification Code: S208 Set Aside Type: 100% Set Aside Service-Disabled Veteran Owned Small Business Period of Performance: Base: 1 December 2026 - 30 November 2027 Option 1: 1 December 2027 - 30 November 2028 Option 2: 1 December 2028 - 30 November 2029 Option 3: 1 December 2029 – 30 November 2030 Option 4: 1 December 2030 – 30 November 2031 Issuing Contracting Office: Department of Veterans Affairs National Cemetery Administration, Contract Services 18434 Joplin Road Triangle, VA 22172 Contracting Officer: Brian Werner, brian.werner2@va.gov Place of Performance: Ft. Sam Houston National Cemetery 1520 Harry Wurzbach Road San Antonio, TX 78209 Attachments: Attachment A – Statement of Work FSH Sod Attachment B – US Dept of Labor Wage Determination 2015-5253 Attachment C – Price Schedule FSH Sod This is a combined synopsis/solicitation for commercial items prepared in accordance with the format in Subpart FAR 12.603 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 36C78626Q50235. This solicitation incorporates provisions and clauses in effect through Federal Acquisition Circular (FAC) FAC 2026-01 (eff. 03/13/2026). NORTH AMERICAN INDUSTRIAL CLASSIFICATION SYSTEM (NAICS) CODE: The (NAICS) code for this procurement is 561730. The business size standard number of employees is $9.5 Million. 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 a single-award Indefinite-Delivery, Indefinite-Quantity (IDIQ) contract with a base year period, plus four one-year option periods, if exercised. INSTRUCTIONS TO OFFERORS: All prospective offerors MUST be registered with the System of Award Management (SAM) at http://www.sam.gov and must complete 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. “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.” IT IS THE RESPONSIBILITY OF THE OFFEROR TO SUBMIT THEIR BEST OFFER AT THE TIME QUOTES ARE DUE. SITE VISIT: Offerors may attend a site visit on October 21st or 22nd , 2026, at 10:00 am Central time. Attendance at the site visit is recommended but not mandatory. Site visit attendees should meet at the Admin Building at the east end of the cemetery. SOLICITATION QUESTIONS: All questions regarding this solicitation are to be submitted to the contracting officer via email, no later than October 22, 2026, at 4:00pm Central . No questions will be answered after this time . Questions pertaining to this announcement shall be sent by email to: brian.werner2@va.gov. Telephone inquiries will not be accepted. Associated answers to questions submitted will be provided via a solicitation amendment no later than Friday, October 23, 2026 . Should an amendment not be endorsed by the interested offeror, the quote will be considered ineligible for award. RESPONSE TO REQUEST FOR QUOTATION (RFQ ): Quotes are due to the Contracting Officer ( brian.werner2@va.gov ) no later than Thursday, October 28, 2026, 12:00pm Central Time . Offers received after this time are determined to be a “Late Offer” and will not be considered for award. Responses to this announcement will result in an Indefinite-Delivery, Indefinite-Delivery (IDIQ) contract, base-year plus four (4) option years, if exercised. 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. The guaranteed minimum amount for the life of the contract is $5,000. The maximum aggregate value of the contract, inclusive of the Five One-Year ordering periods, shall not exceed $750,000. 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 oblige the Government to exercise the option(s). 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 Veteran Small Business Certification (Vet Cert) https://veterans.certify.sba.gov Failure to comply will result in the offeror being ineligible for this award. 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 following format to submit their package. Offerors shall submit quotes in three (3) separate documents for each volume listed below. Volume A -Administrative 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 One (1) Subcontractor Participation Statement (if subcontractors will perform any direct tasks of the contract). If you are not using sub-contractors and will self-perform, please state so clearly in your offer. If you will use any subcontractors to perform any direct tasks in the Performance Work Statement, the subcontractor participation document must include the above company information (bullets 1 -7) as well as the specific tasks in the SOW, and the total dollar value of the contract. One (1) Signed Copy of all Solicitation Amendments. Provide complete copies of the following Provisions that are required to be submitted as part of the quote : (If already completed in SAM, provide a copy of SAM) Failure to comply shall result in the Quoter being ineligible for award. FAR 52.229-11 Tax on Certain Foreign Procurements – Notice and Representation Completed copy of VAAR 852.219-75 VA Notice of Limitations on Subcontracting – Certificate of Compliance for Services and Construction (Nov 22) Volume B -Technical Proposal The following shall be included as part of the offeror’s technical submission, Volume B: Factor 1: Technical Approach and Understanding of the Work: Proposal shall be evaluated in accordance with the criteria contained in the Statement of Work and on how well the technical approach meets the Government requirements. The proposal shall be more than restating the SOW. Technical approach will be evaluated for the following: Contractor-provided statements and/or literature that clearly explains experience, approach and/or abilities to perform the tasks described in the Statement of Work (SOW). Sod specification sheet for proposed Bermuda grass sod to be provided. Example of delivery ticket for the sod delivery orders. Factor 2: Past Performances: 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. Negative/adverse rating is considered Unacceptable. No past performance is considered Neutral. The Contracting Officer’s knowledge of previous experience with the supply or service being acquired. Contractor’s past performance descriptions of a minimum of 3 recent (within the last 5 years) projects of similar size and scope The Contractor Performance Assessment Reporting System (CPARS) at https://www.cpars.gov Any other reasonable basis. Volume C - Pricing The following information shall be included in Volume C Proposed pricing shall be submitted using the included Price Schedule in MS Word or Excel format (Price Schedule FSH Sod) Solicitation Provisions and Contract Clauses FAR 52.212-4 Contract Terms and Conditions-Commercial Items (AUG 2025) Addendum to FAR 52.212-4 Clauses incorporate by reference in numeric order starting with FAR and followed by VAAR. The following clauses apply to this acquisition: FAR 52.252-1 Solicitation Provisions Incorporated by Reference (Feb 1998) FAR 52.252-2 Clauses Incorporated by References (FEB 1998). The full text of FAR/VAAR clauses may be accessed electronically at: https://www.acquisition.gov/browse/index/far; http://www.va.gov/oal/library/vaar/ FAR 52.203-11 Certification and Disclosure Regarding Payments to Influence Certain Federal Transactions (Sep 2024) FAR 52.203-17 Contractor Employee Whistleblower Rights. (NOV 2023) FAR 52.203-18 Prohibition on Contracting with Entities that Require Certain Internal Confidentiality Agreements or Statements-Representation. (JAN 2017) FAR 52.204-7 System for Award Management (Nov 2024) FAR 52.204-13 System for Award Management Maintenance. (Oct 2018) FAR 52.209-6 Protecting the Government's Interest When Subcontracting With Contractors Debarred, Suspended, Proposed for Debarment, or Voluntarily Excluded (Jan 2025) FAR 52.209-7 Information Regarding Responsibility Matters (Oct 2018) FAR 52.209-9 Updates of Publicly Available Information Regarding Responsibility Matters (Oct 2018) FAR 52.209-10 Prohibition on Contracting with Inverted Domestic Corporations. (NOV 2015) (DEVIATION NOV 2025) FAR 52.212-1 Instructions to Offerors—Commercial Products and Commercial Services (Sep 2023) FAR 52.219-14 Limitations on Subcontracting (Oct 2022) FAR 52.219-16 Liquidated Damages-Subcontracting Plan. (SEP 2021) (DEVIATION NOV 2025) FAR 52.222-3 Convict Labor. (JUN 2003) (DEVIATION NOV 2025) FAR 52.222-55 Minimum Wages for Contractor Workers Under Executive Order 14026 (Jan 2022) FAR 52.222-35 Equal Opportunity for Veterans. (JUN 2020) (DEVIATION NOV 2025) FAR 52.222-36 Equal Opportunity for Workers with Disabilities. (JUN 2020) (DEVIATION NOV 2025) FAR 52.222-37 Employment Reports on Veterans. (JUN 2020) (DEVIATION NOV 2025) FAR 52.222-40 Notification of Employee Rights Under the National Labor Relations Act. (DEC 2010) (DEVIATION NOV 2025) FAR 52.222-41 Service Contract Labor Standards. (AUG 2018) FAR 52.222-43 Fair Labor Standards Act and Service Contract Labor Standards-Price Adjustment (Multiple Year and Option Contracts). (AUG 2018) FAR 52.222-50 Combating Trafficking in Persons. (NOV 2021) FAR 52.222-54 Employment Eligibility Verification. (JAN 2025) (DEVIATION NOV 2025) FAR 52.222-62 Paid Sick Leave Under Executive Order 13706. (JAN 2022) FAR 52.223-2 Reporting Biobased Products Under Service and Construction Contracts (May 2024) (Deviation Feb 2025) FAR 52.223-5 Pollution Prevention and Right-to-Know Information (May 2024) FAR 52.223-23 Sustainable Products and Services (May 2024) (Deviation Feb 2025) FAR 52.225-1 Buy American-Supplies (OCT 2022) FAR 52.225-2 Buy American Certificate. (OCT 2022) FAR 52.226-8 Encouraging Contractor Policies to Ban Text Messaging While Driving. (MAY 2024) FAR 52.228-5 Insurance – Work on a Government Installation (Jan 1997) FAR 52.229-3 Federal, State, and Local Taxes (FEB 2013) FAR 52.232-18 Availability of Funds (Apr 1984) FAR 52.232-19 Availability of Funds for the Next Fiscal Year (APR 1984) FAR 52.232-33, Payment by Electronic Funds Transfer – System for Award Management (OCT 2018) FAR 52.232-40 Providing Accelerated Payments to Small Business Subcontractors. (MAR 2023) FAR 52.233-2 Service of Protest (SEP 2006) (DEVIATION NOV 2025) FAR 52.233-3 Protest after Award. (AUG 1996) (DEVIATION NOV 2025) FAR 52.233-4 Applicable Law for Breach of Contract Claim. (OCT 2004) (DEVIATION NOV 2025) FAR 52.237-2 Protection of Government Buildings, Equipment, and Vegetation (Apr 1984) FAR 52.237-3 Continuity of Services (Jan 1991) FAR 52.240-91 Security Prohibitions and Exclusions. (DEVIATION NOV 2025) FAR 52.244-6 Subcontracts for Commercial Products and Commercial Services. (JAN 2025) (DEVIATION OCT 2025) FAR 52.252-6 Authorized Deviations in Clauses (NOV 2020) VAAR 852.201-70 Contracting Officers Representative (DEC 2022) VAAR 852.203-70 Commercial Advertising (May 2018) VAAR 852.204-70 Personal Identity Verification of Contractor Personnel (MAY 2020) VAAR 852.232-72 Electronic Submission of Payment Requests (Nov 2018) VAAR 852.233-70 Protest Content/Alternative Dispute Resolution (OCT 2018) VAAR 852.233-71 Alternate Protest Procedure (OCT 2018) VAAR 852.242-71 Administrative Contracting Officer (OCT 2020) VAAR 852.252-70 Solicitation Provisions or Clauses Incorporated by Reference (JAN 2008) (End of Clause) Required FAR Clauses, as applicable 52.216-18 Ordering (Aug 2020) (a) Any supplies and services to be furnished under this contract shall be ordered by issuance of delivery orders or task orders by the individuals or activities designated in the Schedule. Such orders may be issued from 12/01/2026 through 11/30/2031. (b) All delivery orders or task orders are subject to the terms and conditions of this contract. In the event of conflict between a delivery order or task order and this contract, the contract shall control. (c) A delivery order or task order is considered "issued" when— (1) If sent by mail (includes transmittal by U.S. mail or private delivery service), the Government deposits the order in the mail; (2) If sent by fax, the Government transmits the order to the Contractor's fax number; or (3) If sent electronically, the Government either— (i) Posts a copy of the delivery order or task order to a Government document access system, and notice is sent to the Contractor; or (ii) Distributes the delivery order or task order via email to the Contractor's email address. (d) Orders may be issued by methods other than those enumerated in this clause only if authorized in the contract. (End of clause) 52.216-19 Order Limitations (Oct 1995) (a) Minimum order . When the Government requires supplies or services covered by this contract in an amount of less than $500.00, the Government is not obligated to purchase, nor is the Contractor obligated to furnish, those supplies or services under the contract. (b) Maximum order . The Contractor is not obligated to honor- (1) Any order for a single item in excess of $150,000.00; (2) Any order for a combination of items in excess of $500,000.00; or (3) A series of orders from the same ordering office within 364 days that together call for quantities exceeding the limitation in paragraph (b)(1) or (2) of this section. (c) If this is a requirements contract ( i.e., includes the Requirements clause at subsection 52.216-21 of the Federal Acquisition Regulation (FAR)), the Government is not required to order a part of any one requirement from the Contractor if that requirement exceeds the maximum-order limitations in paragraph (b) of this section. (d) Notwithstanding paragraphs (b) and (c) of this section, the Contractor shall honor any order exceeding the maximum order limitations in paragraph (b), unless that order (or orders) is returned to the ordering office within 2 days after issuance, with written notice stating the Contractor’s intent not to ship the item (or items) called for and the reasons. Upon receiving this notice, the Government may acquire the supplies or services from another source. (End of clause) 52.216-22 Indefinite Quantity (Oct 1995) (a) This is an indefinite-quantity contract for the supplies or services specified, and effective for the period stated, in the Schedule. The quantities of supplies and services specified in the Schedule are estimates only and are not purchased by this contract. (b) Delivery or performance shall be made only as authorized by orders issued in accordance with the Ordering clause. The Contractor shall furnish to the Government, when and if ordered, the supplies or services specified in the Schedule up to and including the quantity designated in the Schedule as the "maximum." The Government shall order at least the quantity of supplies or services designated in the Schedule as the "minimum." (c) Except for any limitations on quantities in the Order Limitations clause or in the Schedule, there is no limit on the number of orders that may be issued. The Government may issue orders requiring delivery to multiple destinations or performance at multiple locations. (d) Any order issued during the effective period of this contract and not completed within that period shall be completed by the Contractor within the time specified in the order. The contract shall govern the Contractor’s and Government’s rights and obligations with respect to that order to the same extent as if the order were completed during the contract’s effective period; provided , that the Contractor shall not be required to make any deliveries under this contract after 05/31/2032 . (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. FAR 52.217-9 Option to Extend the Term of the Contract (Mar 2000) (a) The Government may extend the term of this contract by written notice to the Contractor within 30 days; provided that the Government gives the Contractor a preliminary written notice of its intent to extend at least 60 days before the contract expires. The preliminary notice does not commit the Government to an extension. (b) If the Government exercises this option, the extended contract shall be considered to include this option clause. (c) The total duration of this contract, including the exercise of any options under this clause, shall not exceed 5 years, 6 months. (End of clause) FAR 52.222-90 Addressing DEI Discrimination by Federal Contractors. (a) Definitions. As used in this clause— Program participation means membership or participation in, or access or admission to: training, mentoring, or leadership development programs; educational opportunities; clubs; associations; or similar opportunities that are sponsored or established by the contractor or subcontractor. Racially discriminatory diversity, equity, and inclusion (DEI) activities means disparate treatment based on race or ethnicity in the recruitment, employment (e.g., hiring, promotions), contracting (e.g., vendor agreements), program participation, or allocation or deployment of an entity's resources. (b) In connection with the performance of work under this contract, the Contractor agrees as follows: (1) The Contractor will not engage in any racially discriminatory DEI activities; (2) The Contractor will furnish all information and reports, including providing access to books, records, and accounts, as required by the Contracting Officer, for purposes of ascertaining compliance with this clause; (3) In the event of the Contractor's or a subcontractor's noncompliance with this clause, this contract may be canceled, terminated, or suspended in whole or in part, and the Contractor or subcontractor may be declared ineligible for further Government contracts; (4) The Contractor will report any subcontractor's known or reasonably knowable conduct that may violate this clause to the Contracting Officer and take any appropriate remedial actions directed by the Contracting Officer; and (5) The Contractor will inform the Contracting Officer if a subcontractor sues the Contractor and the suit puts at issue, in any way, the validity of this clause. (6) The Contractor recognizes that compliance with the requirements of this clause are material to the Government's payment decisions for purposes of 31 U.S.C. 3729(b)(4). (c) The Contractor must include the substance of this clause, including this paragraph (c), in subcontracts at any tier, including those for commercial products and commercial services, except those where the place of delivery or performance is outside the United States. (End of clause) DIGNITY CLAUSE: Respect for Headstones and Markers in National Cemeteries; Handling of Markers and Headstones Every action by offeror personnel at a national cemetery must be performed with 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 offeror 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. Offerors cannot walk, stand, lean, sit or jump on headstones or markers, nor can they drive over them. No tools, equipment or other items will be placed or leaned on headstones or markers. Use care not to scratch or damage markers in any manner. The offeror shall be responsible for replacing damaged headstones and markers and for restoring turf damage during performance of this work. Additionally, should any activity result in exposure and/or damage to any remains, container for remains (e.g., casket or urn), or outer burial container, the offeror 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 offeror is required to discuss the guidance with employees and/or subcontractors before work may begin. The contractor site supervisor will ensure that no contractor personnel work will cause any funeral, ceremony, procession or visitation to be delayed, altered, or otherwise impacted in such a way that the dignity, security, or safety of the event or visit is compromised. A list of scheduled ceremonies will be provided the week prior to the event, and a list of scheduled committal services will be provided on the day of the service. The site supervisor shall communicate daily with the COR, to ask questions and ensure he/she and contracted personnel understand the off-limit areas. 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 VAAR 802.101, 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 USC 8127(g), any business concern, including all its principals, that is determined by VA to have willfully and intentionally misrepresented a company’s SDVOSB status is subject to debarment from contracting with the Department for a period of not less than five years (see VAAR 809.406-2 Causes for Debarment). (End of clause) VAAR 852.219-75 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 Quoter 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 Quoter acknowledges that this certification concerns a matter within the jurisdiction of an Agency of the United States. The Quoter 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 Quoter 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 Quoter 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 Quoter 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 Quoter 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 Quoter understands that failure to provide documents as requested by VA may result in remedial action as the Government deems appropriate. (d) Quoter completed certification/fill-in required. The formal certification must be completed, signed and returned with the Quoter's bid, quotation, or proposal. The Government will not consider offers for award from Quoters 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 Quoter ] 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 Quoter ]. Printed Name of Signee: Printed Title of Signee: Signature: Date: Company Name and Address: (End of clause) 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. (End of clause) VAAR 852.242-71 Administrative Contracting Officer (OCT 2020) The Contracting Officer reserves the right to designate an Administrative Contracting Officer (ACO) for the purpose of performing certain tasks/duties in the administration of the contract. Such designation will be in writing through an ACO Letter of Delegation and will identify the responsibilities and limitations of the ACO. A copy of the ACO Letter of Delegation will be furnished to the Contractor. (End of Clause) FAR 52.212-2 Evaluation—Commercial Products and Commercial Services (Nov 2021) (a) The Government will award a contract resulting from this solicitation to the offeror whose offer conforming to the solicitation will be most advantageous to the Government. The following factors shall be used to evaluate offers: The Government will award on the basis of Lowest-Priced, Technically Acceptable (LPTA). The evaluation factors below establish the requirements of acceptability: Evaluation Factors Technical Acceptability (Factors 1 and 2 in Volume B) Lowest Price Technical Acceptability: ACCEPTABLE: Quote meets all technical requirements outlined in Volume B (Factors 1 & 2). UNACCEPTABLE: Quote does not meet one or more of the technical requirements in volume B. Price : Contracting Officer will evaluate the proposed price to determine if it is fair and reasonable based on comparison to the IGCE and historical data. The Government will evaluate the total proposed price of the base and four-one year option periods. 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 it is technically acceptable. 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. 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. The technical evaluation team will evaluate the quote in an impartial manner to determine whether it meets the government’s technical requirements as outlined in the solicitation. The Contracting Officer may find all quotes unacceptable or that all offers exceed the available funding and are therefore not fair and reasonably priced. If the government is not able to make an award based on this circumstance, a new RFQ will be issued at a later date. The Government intends to evaluate quotes and award a contract without discussions with Offerors. However, the Government reserves the right to conduct discussions with offerors for clarification purposes. The quotes will be evaluated strictly in accordance with their 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. To confirm eligibility for contract award, CO shall conduct responsibility determinations of quoters in accordance with FAR 9.104-1. Per FAR 9.104-1(c) to be determined responsible, offerors must have a satisfactory performance record. However, a prospective contractor shall not be determined responsible or non-responsible based solely on a lack of relevant performance history. (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. The Government may determine that an offer is unacceptable if the option prices are significantly unbalanced. Evaluation of options shall not obligate the Government to exercise the option(s). (c) 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) (End of Document)
