36C78625B0023- IFB Miramar Isolation Valve.docx

DOCX document 348 KB Posted

Attached to
Z2PZ--Replacement of inoperable irrigation system isolation valves at Miramar National Cemetery
Solicitation number
36C78625B0023_1
Issued by

About this file

This is an Invitation for Bid (IFB) for the replacement of thirteen (13) irrigation system isolation valves at Miramar National Cemetery in San Diego, California. The solicitation (36C78625B0023) is a Service-Disabled Veteran-Owned Small Business (SDVOSB) set-aside construction contract with an estimated project value between $100,000 and $250,000, using NAICS code 237990. The project involves cutting and replacing asphalt, excavating, and replacing isolation valves on the reclaimed water irrigation system, with work to be completed within 60 calendar days from the Notice to Proceed.

Key dates include a mandatory site visit on May 28, 2025, at 9:00 am PT, technical questions due by June 9, 2025, at 2:00 PM EDT, and bid opening on June 23, 2025, at 10:00 AM EST. The contract will be awarded as a firm-fixed-price with a bid guarantee required of 20% of the bid price (not to exceed $3,000,000). The Department of Veterans Affairs National Cemetery Administration will oversee the project, with work to be conducted between 8:00 am and 4:30 pm, Monday through Friday, while minimizing disruption to cemetery operations.

View the file

Other files

File Type Posted
AMENDMENT 1-36C78625B0023 0001.docx DOCX document
Wage determination.pdf PDF
Attachment A - MNC Valve Location Map.pdf PDF
SOW.docx DOCX document

On GovTribe

Work with this file

  • Download the original file
  • Contacts named in this file
  • Similar government files
  • Ask GovTribe AI about this file

Text version

36C78625B0023 Section M

1. SOLICITATION NUMBER

2. TYPE OF SOLICITATION

3. DATE ISSUED

PAGE OF PAGES

4. CONTRACT NUMBER

5. REQUISITION/PURCHASE REQUEST NUMBER

6. PROJECT NUMBER

7. ISSUED BY

CODE

8. ADDRESS OFFER TO

a. NAME

b. TELEPHONE NUMBER (Include area code) (NO COLLECT CALLS)

10. THE GOVERNMENT REQUIRES PERFORMANCE OF THE WORK DESCRIBED IN THESE DOCUMENTS (Title, identifying number, date) 12a. THE CONTRACTOR MUST FURNISH ANY REQUIRED PERFORMANCE AND PAYMENT BONDS?

(If "YES," indicate within how many calendar days after award in Item 12B.)

12b. CALENDAR DAYS

13. ADDITIONAL SOLICITATION REQUIREMENTS:

STANDARD FORM 1442 (REV. 8/2014)

STANDARD FORM 1442

Prescribed by GSA-FAR (48 CFR) 52.236-1(d)

SOLICITATION, OFFER,

AND AWARD

(Construction, Alteration, or Repair)

SOLICITATION

SOLICITATION

IMPORTANT - The "offer" section on the reverse must be fully completed by offeror.

9. FOR INFORMATION

CALL:

NOTE: In sealed bid solicitations "offer" and "offeror" mean "bid" and "bidder".

SEALED BID (IFB)

NEGOTIATED (RFP)

11. The Contractor shall begin performance within ____________ calendar days and complete it within calendar days after receiving award, notice to proceed. This performance period is mandatory negotiable. (See _____________________________).

YES

NO

a.

Sealed offers in original and ___________________copies to perform the work required are due at the place specified in Item 8 by _____________ (hour) local time _____________________ (date). If this is a sealed bid solicitation, offers must be publicly opened at that time. Sealed envelopes containing offers shall be marked to show the offeror's name and address, the solicitation number, the date and time offers are due.

b.

An offer guarantee is, is not required.

c.

All offers are subject to the (1) work requirements, and (2) other provisions and clauses incorporated in the solicitation in full text or by reference.

d.

Offers providing less than _______________________ calendar days for Government acceptance after the date offers are due will not be considered and will be rejected.

36C78625B0023 X

992-NRM-FY25-003

36C786 Department of Veterans Affairs National Cemetery Administration Contracting Services 18434 Joplin Road Triangle VA 22172 Michael.giaquinto2@va.gov

Michael Giaquinto 917-943-8284 Project Title: Miramar National Cemetery – Reclaimed Water Isolation Valve Replacement Project Location: Miramar National Cemetery, 5795 Nobel Dr, San Diego, CA 92122-5337

NAICS code 237990 is applicable for this procurement with the small business size standard of $45 million.

The magnitude of construction for this project is estimated to be between $100,000 and $250,000.

NOTICE OF SERVICE-DISABLED VETERAN-OWNED SMALL BUSINESS (SDVOSB) SET ASIDE IN ACCORDANCE WITH PUBLIC LAW 109-461.

Site Visit Information Date/Time: May 28, 2025 at 9:00 am PT Location: 5795 Nobel Dr, San Diego, CA 92122-5337 Attendees are to meet at the cemetery Administration Building

Bid Opening Teleconference Information

Phone Number: 347-566-4838 Phone Conference ID: 129 209 827# x x

52.211-10 X

10:00 am

EDT

06-23-2025 X

14. NAME AND ADDRESS OF OFFEROR

15. TELEPHONE NUMBER

16. REMITTANCE ADDRESS

CODE

FACILITY CODE

17. The offeror agrees to perform the work required at the prices specified below in strict accordance with the terms of the solicitation, if this offer is accepted by the Government in writing within __________ calendar days after the date offers are due.

AMOUNTS

18. The offeror agrees to furnish any required performance and payment bonds.

19. ACKNOWLEDGMENT OF AMENDMENTS

AMENDMENT

NUMBER

DATE.

20a. NAME AND TITLE OF PERSON AUTHORIZED TO SIGN OFFER 20b. SIGNATURE 20c. OFFER DATE

21. ITEMS ACCEPTED:

22. AMOUNT

23. ACCOUNTING AND APPROPRIATION DATA

24. SUBMIT INVOICES TO ADDRESS SHOWN IN

ITEM

25. OTHER THAN FULL AND OPEN COMPETITION PURSUANT TO

10 U.S.C. 2304(c)( 41 U.S.C. 3304(a) (

26. ADMINISTERED BY

27. PAYMENT WILL BE MADE BY

PHONE:

FAX:

28. NEGOTIATED AGREEMENT

29. AWARD

Your Contractor agrees offer on this solicitation is hereby accepted as to the items listed. This to furnish and deliver all items or perform all work requirements identified award consummates the contract, which consists of (a) the Government on this form and any continuation sheets for the consideration stated in solicitation and your offer, and (b) this contract award. No further cont-this contract. The rights and obligations of the parties to this contract ractual document is necessary.

shall be governed by (a) this contract award, (b) the solicitation, and (c) the clauses, representations, certifications, and specifications incorporated by reference in or attached to this contract.

30a. NAME AND TITLE OF CONTRACTOR OR PERSON AUTHORIZED 31a. NAME OF CONTRACTING OFFICER

TO SIGN

30b. SIGNATURE 30c. DATE 31b. UNITED STATES OF AMERICA 31c. AWARD DATE

BY

OFFER

AWARD

STANDARD FORM 1442 (REV. 8/2014) BACK

(Include ZIP Code) (Include area code) (Include only if different than Item 14.)

(Insert any number equal to or greater than the minimum requirement stated in Item 13d. Failure to insert any number means the offeror accepts the minimum in Item 13d.)

(The offeror acknowledges receipt of amendments to the solicitation -- give number and date of each) (Type or print) (4 copies unless otherwise specified) (Type or print) (Type or print) (Contractor is required to sign this document and return _______ copies to issuing office.)

(Contractor is not required to sign this document.)

(Must be fully completed by offeror) (To be completed by Government)

CONTRACTING OFFICER WILL COMPLETE ITEM 28 OR 29 AS APPLICABLE

36C786 Department of Veterans Affairs National Cemetery Administration Contracting Services 18434 Joplin Road Triangle VA 22172 http://www.tungsten-network.com/customer -campaigns/veterans-affairs/

1-877-752-0900

Table of Contents

PART I - THE SCHEDULE2
SECTION A - SOLICITATION/CONTRACT FORM2
A.1 SF 1442 SOLICITATION, OFFER, AND AWARD (Construction, Alteration, or Repair)2
A.2 SF 1442 SOLICITATION, OFFER, AND AWARD (CONSTRUCTION, ALTERATION, OR REPAIR)– BACK3
SECTION B - SUPPLIES OR SERVICES AND PRICE/COSTS8
B.1 PRICE SCHEDULE8
ITEM INFORMATION8
SECTION C - DESCRIPTION/SPECIFICATIONS/STATEMENT OF WORK9
SECTION D - PACKAGING AND MARKING13
[For this IFB, there are NO clauses in this Section]13
SECTION E - INSPECTION AND ACCEPTANCE14
E.1 FAR 52.246-12 INSPECTION OF CONSTRUCTION (AUG 1996)14
SECTION F - DELIVERIES OR PERFORMANCE16
F.1 FAR 52.242-14 SUSPENSION OF WORK (APR 1984)16
F.2 FAR 52.211-10 COMMENCEMENT, PROSECUTION, AND COMPLETION OF WORK (APR 1984) ALTERNATE I (APR 1984)16
SECTION G - CONTRACT ADMINISTRATION DATA17
G.1 INVOICES:17
G.2 CONTRACTOR PERFORMANCE ASSESSMENT REPORTING SYSTEM:17
G.3 STANDARD FORM 1413:18
G.4 CERTIFIED PAYROLL FORMS:19
G.5 DAVIS-BACON POSTER:19
G.6 WAGE DETERMINATION:19
SECTION H - SPECIAL CONTRACT REQUIREMENTS20
H.1 NCA Dignity Clause20
PART II - CONTRACT CLAUSES21
SECTION I - CONTRACT CLAUSES21
I.1 FAR 52.252-2 CLAUSES INCORPORATED BY REFERENCE (FEB 1998)21
I.2 FAR 52.204-30 FEDERAL ACQUISITION SUPPLY CHAIN SECURITY ACT ORDERS—PROHIBITION (DEC 2023)24
I.3 FAR 52.219-28 POSTAWARD SMALL BUSINESS PROGRAM REREPRESENTATION (JAN 2025)28
I.4 FAR 52.222-6 CONSTRUCTION WAGE RATE REQUIREMENTS (AUG 2018)(DEVIATION FEB 2025)31
I.5 FAR 52.222-11 SUBCONTRACTS (LABOR STANDARDS) (MAY 2014)(DEVIATION FEB 2025)34
I.6 FAR 52.222-12 CONTRACT TERMINATION—DEBARMENT (MAY 2014)(DEVIATION FEB 2025)35
I.7 52.223-9 ESTIMATE OF PERCENTAGE OF RECOVERED MATERIAL CONTENT FOR EPA-DESIGNATED ITEMS (MAY 2008)36
I.8 FAR 52.223-21 FOAMS (MAY 2024)36
I.9 FAR 52.225-9 BUY AMERICAN-CONSTRUCTION MATERIALS (OCT 2022)37
I.10 FAR 52.227-3 PATENT INDEMNITY (APR 1984) ALTERNATE I (APR 1984)42
I.11 FAR 52.228-5 INSURANCE—WORK ON A GOVERNMENT INSTALLATION (JAN 1997)42
I.12 SUPPLEMENTAL INSURANCE REQUIREMENTS43
I.13 FAR 52.236-4 PHYSICAL DATA (APR 1984)43
I.14 FAR 52.244-6 SUBCONTRACTS FOR COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES (JAN 2025)(DEVIATION FEB 2025)44
I.15 FAR 52.252-6 AUTHORIZED DEVIATIONS IN CLAUSES (NOV 2020)46
I.16 VAAR 852.201-70 CONTRACTING OFFICER'S REPRESENTATIVE (DEC 2022)46
I.17 VAAR 852.203-70 COMMERCIAL ADVERTISING (MAY 2018)46
I.18 VAAR 852.219-73 VA NOTICE OF TOTAL SET-ASIDE FOR CERTIFIED SERVICE-DISABLED VETERAN-OWNED SMALL BUSINESSES (JAN 2023) (DEVIATION)47
I.19 VAAR 852.219-75 VA NOTICE OF LIMITATIONS ON SUBCONTRACTING—CERTIFICATE OF COMPLIANCE FOR SERVICES AND CONSTRUCTION (JAN 2023) (DEVIATION)50
I.20 VAAR 852.222-71 COMPLIANCE WITH EXECUTIVE ORDER 13899 (DEVIATION)(APR 2025)52
I.21 VAAR 852.228-70 BOND PREMIUM ADJUSTMENT (JAN 2008)52
I.22 VAAR 852.228-72 ASSISTING SERVICE-DISABLED VETERAN-OWNED AND VETERAN-OWNED SMALL BUSINESSES IN OBTAINING BONDS (DEC 2009)52
I.23 VAAR 852.232-71 PAYMENTS UNDER FIXED-PRICE CONSTRUCTION CONTRACTS (INCLUDING NAS– CPM) (NOV 2018)52
I.24 VAAR 852.232-72 ELECTRONIC SUBMISSION OF PAYMENT REQUESTS (NOV 2018)55
I.25 VAAR 852.236-71 SPECIFICATIONS AND DRAWINGS FOR CONSTRUCTION (APR 2019)57
I.26 VAAR 852.236-79 CONTRACTOR PRODUCTION REPORT (APR 2019)58
I.27 VAAR 852.236-80 SUBCONTRACTS AND WORK COORDINATION (APR 2019)58
I.28 VAAR 852.242-70 GOVERNMENT CONSTRUCTION CONTRACT ADMINISTRATION (OCT 2020)58
I.29 VAAR 852.242-71 ADMINISTRATIVE CONTRACTING OFFICER (OCT 2020)59
I.30 VAAR 852.243-70 CONSTRUCTION CONTRACT CHANGES—SUPPLEMENT (SEP 2019)60
I.31 MANDATORY WRITTEN DISCLOSURES61
PART III - LIST OF DOCUMENTS, EXHIBITS AND OTHER ATTACHMENTS62
SECTION J - LIST OF ATTACHMENTS62
PART IV - REPRESENTATIONS AND INSTRUCTIONS63
SECTION K - REPRESENTATIONS, CERTIFICATIONS AND OTHER STATEMENTS OF OFFERORS63
K.1 52.204-8 ANNUAL REPRESENTATIONS AND CERTIFICATIONS (JAN 2025)(DEVIATIONS FEB 2025)63
K.2 52.204-24 REPRESENTATION REGARDING CERTAIN TELECOMMUNICATIONS AND VIDEO SURVEILLANCE SERVICES OR EQUIPMENT (NOV 2021)67
K.3 52.204-29 FEDERAL ACQUISITION SUPPLY CHAIN SECURITY ACT ORDERS—REPRESENTATION AND DISCLOSURES (DEC 2023)69
K.4 52.209-13 VIOLATION OF ARMS CONTROL TREATIES OR AGREEMENTS—CERTIFICATION (NOV 2021)71
K.5 52.229-11 TAX ON CERTAIN FOREIGN PROCUREMENTS—NOTICE AND REPRESENTATION (JUN 2020)73
SECTION L - INSTRUCTIONS, CONDITIONS, AND NOTICES TO OFFERORS75
L.1 INSTRUCTIONS TO BIDDERS75
L.2 FAR 52.252-1 SOLICITATION PROVISIONS INCORPORATED BY REFERENCE (FEB 1998)77
L.3 FAR 52.201-1 ACQUISITION 360: VOLUNTARY SURVEY (SEP 2023)78
L.4 FAR 52.216-1 TYPE OF CONTRACT (APR 1984)78
L.5 FAR 52.222-5 CONSTRUCTION WAGE RATE REQUIREMENTS—SECONDARY SITE OF THE WORK (MAY 2014)79
L.6 FAR 52.225-10 NOTICE OF BUY AMERICAN REQUIREMENT-CONSTRUCTION MATERIALS (MAY 2014)79
L.7 FAR 52.228-1 BID GUARANTEE (SEP 1996)80
L.8 FAR 52.233-2 SERVICE OF PROTEST (SEP 2006)81
L.9 FAR 52.236-27 SITE VISIT (CONSTRUCTION) (FEB 1995) ALTERNATE I (FEB 1995)81
L.10 FAR 52.252-5 AUTHORIZED DEVIATIONS IN PROVISIONS (NOV 2020)82
L.11 VAAR 852.223-70 INSTRUCTIONS TO OFFERORS—SUSTAINABLE ACQUISITION PLAN (SEP 2019)82
L.12 VAAR 852.233-70 PROTEST CONTENT/ALTERNATIVE DISPUTE RESOLUTION (OCT 2018)82
L.13 VAAR 852.233-71 ALTERNATE PROTEST PROCEDURE (OCT 2018)83
SECTION M - EVALUATION FACTORS FOR AWARD84

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.

SECTION B - SUPPLIES OR SERVICES AND PRICE/COSTS

B.1 PRICE SCHEDULE

ITEM INFORMATION

ITEM NUMBER
DESCRIPTION OF SUPPLIES/SERVICES
QUANTITY
UNIT
UNIT PRICE
AMOUNT
1.00
JB
__________________
__________________

Construction Services in accordance with attached Statement of Work, Bid Drawings, Bid Specifications, and attached supporting documents for Miramar National Cemetery – Reclaimed Water Isolation Valve Replacement Contract Period: Base POP Begin: NTP TBD POP End: 60 days from NTP PRINCIPAL NAICS CODE: 237990 - Other Heavy and Civil Engineering Construction PRODUCT/SERVICE CODE: Y1PZ - Construction of Other Non-Building Facilities

GRAND TOTAL
__________________

36C78625B0023 Section B

Page 1 of Page 1 of Page 1 of Page 1 of

SECTION C - DESCRIPTION/SPECIFICATIONS/STATEMENT OF WORK

The Contractor shall furnish all labor, materials, equipment, tools, supplies, services, and supervision to perform landscape irrigation work described herein to improve existing irrigation system at Miramar National Cemetery (MNC), located in San Diego California. Work includes, but not limited to cut and replace asphalt, excavate, and replace thirteen (13) isolation valves on the reclaimed water irrigation system.

Work will be accomplished in accordance with VA requirements, Federal, State, and Local Code requirements.

All work will be conducted in such a manner as to minimize the impact on the cemetery operations. Submission of a schedule that minimizes the effect of normal operations on the cemetery shall be approved by the Contracting Officer’s Representative (COR) and Cemetery Director prior to the start of work.

Site work will be accomplished between the hours of 8:00 and 4:30, Monday through Friday; no work will be performed on Federal Holidays.

DESCRIPTION/STATEMENT OF WORK/SPECIFICATIONS

Description:

The work in this project includes but is not limited to:

Cut and Replace Asphalt Site preparation and restoration work includes cutting and removal of existing asphalt, excavating and backfill, and asphalt restoration.

Sawcut asphalt in area approved by COR.

Sawcut the asphalt approximately 10-foot by 10-foot for access to gate valves for replacement. Dispose of asphalt.

Remove road base and excavate to the depth of the existing 8-inch isolation valves.

After replacement of isolation valves, replace fill and compactable road base. Compact to 90 percent.

Install asphalt material.

Seal patch edges with sand or chip seal.

Irrigation Work Area Selective irrigation system replacement is limited as shown on the irrigation drawings.

Replace thirteen (13) isolation valves.

Isolation Gate Valve for PVC 63.5 mm (2.5-inch) and Larger:

Resilient Wedge Gate Valve with non-rising stem.

Body: Class 350 Ductile Iron per ASTM A536, Grade 65-45-12, AWWA C509 or C515 Standards Coating: Epoxy coating ANSI/AWWA C116/A21.16-09, NSF 61 on interior and exterior surfaces.

Valve Rating: 1375 kPa (200 psi) minimum working pressure.

T Handle Socket Wrench Operation: 50 mm (2-inch) nut Options:

6-inch shroud to accept PVC sleeve for 3-inch and larger.

Bell ends: Deep bell, gasket with high grade EPDM rubber ANSI/AWWA C111/A21.11 and equipped with cast joint restraint clamps to securely fasten to plastic pipe.

Acceptable Manufacturer/Model: Leemco LMV-88BB Series or approved equal.

Mainline Fittings [76.2 mm (3-inch) and larger]:

Mechanical Joint Fittings: ANSI/AWWA C110/A21.10 and ANSI/AWWA C111/A21.11.

Deep Slant Bell Ductile Iron Fittings: Class 350 Ductile Iron per ASTM A536, Grade 65-45-12, AWWA C153; 250 PSI Pressure Rating; Deflection 5 degrees.

Bell Sockets: deep slanted bell, ANSI/AWWA C116/A21.16-15, 4-lugs to accommodate joint restraints & additional fittings.

Epoxy Coating: ANSI/AWWA C116/A21.16-15, NSF 61 & CSA Z245.20-98, 10-12 MIL; interior and exterior.

Push On Joints: ASTM D3139 for Laboratory Qualifying Tests. Use push on rubber gasketed ductile iron fittings.

Gaskets: High grade EPDM rubber ANSI/AWWA C11/A21.11 rib-enforced design ASTM F477.

Joint Restraints: Class 350 Ductile Iron per ASTM A536.

Acceptable Manufacturer/Model: Leemco Ductile Iron Fittings with Joint Restraints or approved equal.

GENERAL REQUIREMENTS

Prior to submission of any bid, the Contractor shall perform a thorough field survey of the existing conditions and features. Verify at project site the exact dimensions, clearances, and associated requirements of existing conditions to insure proper procurement and installation. Any site conditions which may cause significant deviation from the Drawings shall be brought to the attention of the COR for clarification prior to submission of the bid. Contractor shall supply all required electrical utilities to complete the work. The Government will make water available to the contractor for the purpose of completing the contract at no cost to the contractor.

All work will be coordinated with the Contracting Officer’s Representative (COR). Only the Contracting Officer (CO) has the authority to make changes to the contract that affects price and/or time.

Submittals MANUFACTURER’S PRODUCT LITERATURE AND DATA SHEETS: Submit for approval, all of the items specifically mentioned under the separate sections of the Statement of Work, with information sufficient to evidence full compliance with contract requirements. Materials, fabricated articles, and the like to be installed in permanent work shall equal those of approved submittals. After an item has been approved, no change in brand or make will be permitted unless:

Satisfactory written evidence is presented to, and approved by Contracting Officer, that manufacturer cannot make scheduled delivery of approved item or;

Item delivered has been rejected and substitution of a suitable item is an urgent necessity or;

Item delivered has been rejected and substitution of a suitable item is an urgent necessity or;

Other conditions become apparent which indicates approval of such substitute item to be in best interest of the Government.

Forward submittals in sufficient time to permit proper consideration and approval action by Government. Time submission to assure adequate lead time for procurement of contract-required items. Delays attributable to untimely and rejected submittals will not serve as a basis for extending contract time for completion.

Submittals will be reviewed for compliance with contract requirements by the District Architect-Engineer/PM, and action thereon will be taken by Contracting Officer’s (COR) Representative on behalf of the Contracting Officer.

All utilities required for the continuous operation of all existing facilities must be maintained in service at all times except when disruptions are needed. All work shall be coordinated with the COR. Work will be conducted in such a manner to minimize the impact on the Cemetery operations. Coordinate any shut-down of water supply to the existing irrigation system with the COR. Water shall be restored at the end of each business day. Provide temporary piping as required to restore water supply to the irrigation system.

The Contractor shall obtain any necessary permits and cooperate with the utilities company/cemetery staff to avoid any damage or liability, and provide a safe work environment for his/her employees. The Contractor is responsible for damages to utilities, above and below ground.

All work shall be performed in accordance with National, State, and Local Codes including the International Building Code (IBC), the International Mechanical Code (IMC), the International Plumbing Code (IPC), and the National Electrical Code (NEC).

The Contractor shall coordinate with the COR to store any required materials or supplies prior to and during the performance of work, (i.e., storage containers, construction fencing, and portable latrines) if required by the contractor for project execution. Public access to the National Cemetery shall not be impaired.

The Contractor shall assume sole responsibility for the safety of all persons on or about the construction site in accordance with applicable laws and codes. The contractor shall be in accordance with the safety provisions of the latest manual of accident prevention published by the Associated General Contractors of America and Division of Occupational Safety and Health (DOSH) and shall meet all safety requirements of Cemetery Safety Officer, Department of Veterans Affairs, OSHA, and the State.

The Contractor shall repair and or replace any damage done to cemetery property to its prior existing condition when altered or damaged by the Contractor at no additional cost to the Government. (e.g., damage to turf, water utilities, headstones, curbs, and pavements.)

All debris shall be removed from the site by the Contractor. The Contractor shall include costs for debris removal and dump fees in quote but must provide receipts for reimbursement. Debris shall not be allowed to accumulate at the site; debris shall be removed daily.

The Contractor shall make all attempts to minimize disruption to cemetery activities. The burial activities at a National Cemetery shall take precedence over construction activities. The Contractor must coordinate with the COR in arranging the construction schedule to cause the least possible interference with Cemetery activities in burial areas. Construction noise during the committal services shall not disturb the service. Trucks and workmen shall not pass through the service area during this period.

The Contractor is required to discontinue work in advance of Easter Sunday, Mother’s Day, Father’s Day, Memorial Day, Veteran’s Day and/or Federal Holidays to permit clean up of all areas of operation adjacent to existing burial plots before these dates.

Site work will be accomplished between the hours of 8:00 am and 4:30 pm, Monday through Friday, except Federal Holiday’s. Work outside of the Cemetery’s normal operating hours shall be permitted by approval of the COR and to only meet the Period of Performance.

The C&A requirements do not apply, and a Security Accreditation Package is not required.

36C78625B0023 Section C Completion Time: Sixty (60) calendar days from date of issuance of Notice to Proceed (NTP Page 1 of Page 1 of Page 1 of Page 1 of

SECTION D - PACKAGING AND MARKING

[For this IFB, there are NO clauses in this Section] 36C78625B0023 Section D

Page 1 of Page 1 of Page 1 of Page 1 of

SECTION E - INSPECTION AND ACCEPTANCE

E.1 FAR 52.246-12 INSPECTION OF CONSTRUCTION (AUG 1996)

(a) Definition. "Work" includes, but is not limited to, materials, workmanship, and manufacture and fabrication of components.

(b) The Contractor shall maintain an adequate inspection system and perform such inspections as will ensure that the work performed under the contract conforms to contract requirements. The Contractor shall maintain complete inspection records and make them available to the Government. All work shall be conducted under the general direction of the Contracting Officer and is subject to Government inspection and test at all places and at all reasonable times before acceptance to ensure strict compliance with the terms of the contract.

(c) Government inspections and tests are for the sole benefit of the Government and do not—

(1) Relieve the Contractor of responsibility for providing adequate quality control measures;

(2) Relieve the Contractor of responsibility for damage to or loss of the material before acceptance;

(3) Constitute or imply acceptance; or

(4) Affect the continuing rights of the Government after acceptance of the completed work under paragraph (i) below.

(d) The presence or absence of a Government inspector does not relieve the Contractor from any contract requirement, nor is the inspector authorized to change any term or condition of the specification without the Contracting Officer's written authorization.

(e) The Contractor shall promptly furnish, at no increase in contract price, all facilities, labor, and material reasonably needed for performing such safe and convenient inspections and tests as may be required by the Contracting Officer. The Government may charge to the Contractor any additional cost of inspection or test when work is not ready at the time specified by the Contractor for inspection or test, or when prior rejection makes reinspection or retest necessary. The Government shall perform all inspections and tests in a manner that will not unnecessarily delay the work. Special, full size, and performance tests shall be performed as described in the contract.

(f) The Contractor shall, without charge, replace or correct work found by the Government not to conform to contract requirements, unless in the public interest the Government consents to accept the work with an appropriate adjustment in contract price. The Contractor shall promptly segregate and remove rejected material from the premises.

(g) If the Contractor does not promptly replace or correct rejected work, the Government may (1) by contract or otherwise, replace or correct the work and charge the cost to the Contractor or (2) terminate for default the Contractor's right to proceed.

(h) If, before acceptance of the entire work, the Government decides to examine already completed work by removing it or tearing it out, the Contractor, on request, shall promptly furnish all necessary facilities, labor, and material. If the work is found to be defective or nonconforming in any material respect due to the fault of the Contractor or its subcontractors, the Contractor shall defray the expenses of the examination and of satisfactory reconstruction. However, if the work is found to meet contract requirements, the Contracting Officer shall make an equitable adjustment for the additional services involved in the examination and reconstruction, including, if completion of the work was thereby delayed, an extension of time.

(i) Unless otherwise specified in the contract, the Government shall accept, as promptly as practicable after completion and inspection, all work required by the contract or that portion of the work the Contracting Officer determines can be accepted separately. Acceptance shall be final and conclusive except for latent defects, fraud, gross mistakes amounting to fraud, or the Government's rights under any warranty or guarantee.

36C78625B0023 Section E (End of Clause) Page 1 of Page 1 of Page 1 of Page 1 of

SECTION F - DELIVERIES OR PERFORMANCE

F.1 FAR 52.242-14 SUSPENSION OF WORK (APR 1984)

(a) The Contracting Officer may order the Contractor, in writing, to suspend, delay, or interrupt all or any part of the work of this contract for the period of time that the Contracting Officer determines appropriate for the convenience of the Government.

(b) If the performance of all or any part of the work is, for an unreasonable period of time, suspended, delayed, or interrupted (1) by an act of the Contracting Officer in the administration of this contract, or (2) by the Contracting Officer's failure to act within the time specified in this contract (or within a reasonable time if not specified), an adjustment shall be made for any increase in the cost of performance of this contract (excluding profit) necessarily caused by the unreasonable suspension, delay, or interruption, and the contract modified in writing accordingly. However, no adjustment shall be made under this clause for any suspension, delay, or interruption to the extent that performance would have been so suspended, delayed, or interrupted by any other cause, including the fault or negligence of the Contractor, or for which an equitable adjustment is provided for or excluded under any other term or condition of this contract.

(c) A claim under this clause shall not be allowed (1) for any costs incurred more than 20 days before the Contractor shall have notified the Contracting Officer in writing of the act or failure to act involved (but this requirement shall not apply as to a claim resulting from a suspension order), and (2) unless the claim, in an amount stated, is asserted in writing as soon as practicable after the termination of the suspension, delay, or interruption, but not later than the date of final payment under the contract.

(End of Clause) F.2 FAR 52.211-10 COMMENCEMENT, PROSECUTION, AND COMPLETION OF WORK (APR 1984) ALTERNATE I (APR 1984) The Contractor shall be required to (a) commence work under this contract within 10 calendar days after the date the Contractor receives the notice to proceed, (b) prosecute the work diligently, and (c) complete the entire work ready for use not later than 60 days after the date the contractor receives the notice to proceed. The time stated for completion shall include final cleanup of the premises.

The completion date is based on the assumption that the successful offeror will receive the notice to proceed by 07-30-2025. The completion date will be extended by the number of calendar days after the above date that the Contractor receives the notice to proceed, except to the extent that the delay in issuance of the notice to proceed results from the failure of the Contractor to execute the contract and give the required performance and payment bonds within the time specified in the offer.

(End of Clause) 36C78625B0023 Section F

Page 1 of Page 1 of Page 1 of Page 1 of

SECTION G - CONTRACT ADMINISTRATION DATA

All contract administration matters will be handled by the following individuals:

a. CONTRACTOR: TBD

Unique Entity ID:
Tax ID Number:
Contact Person:
Telephone #:
Email address:

b. GOVERNMENT: Contracting Officer (36C786) Department of Veterans Affairs, National Cemetery Administration Contracting Service 18434 Joplin Road Triangle, VA 22172

G.1 INVOICES:

All invoices from the Contractor shall be submitted electronically in accordance with VAAR Clause 852.232-72 “Electronic Submission of Payment Requests.” to the following web address: http://www.fsc.va.gov/einvoice.asp. For questions regarding invoice receipt or payment, please call VAFSC directly at 1-877-353-9791 or email vafsccshd@va.gov

G.2 CONTRACTOR PERFORMANCE ASSESSMENT REPORTING SYSTEM:

a. FAR 42.1502 directs all Federal agencies to collect Past Performance information on contracts. The Department of the Interior (DOI) has implemented the Contractor Performance Assessment Reporting System (CPARS) to comply with this regulation. One (1) or more past performance evaluations will be conducted in order to record your contract performance as required by FAR 42.15.

b. The Past Performance evaluation process is a totally paperless process using CPARS. CPARS is a web-based system that allows for electronic processing of the performance evaluation report. Once the report is processed, it is available in the Past Performance Information Retrieval System (PPIRS) for Government use in evaluating past performance as part of a source selection action.

c. It is requested that you furnish the Contracting Officer (CO) with the name, position title, phone number, and email address for each person designated to have access to your firm's past performance evaluation(s) for the contract no later than thirty (30) days after award. Each person granted access will have the ability to provide comments in the Contractor portion of the report and state whether or not the Contractor agrees with the evaluation, before returning the report to the Assessing Official (AO). Information in the report must be protected as source selection sensitive information not releasable to the public.

d. When your Contractor Representative(s) are registered in CPARS, they will receive an automatically generated email with detailed login instructions. Further details, systems requirements, and training information for CPARS is available at https://www.cpars.gov/.

e. Within sixty (60) days after the end of a performance period, the AO will complete an interim or final past performance evaluation, and the report will be accessible at https://www.cpars.gov/.

1. Contractor Representatives may then provide comments in response to the evaluation or return the evaluation without comment.

2. Your comments should focus on objective facts in the AO's narrative and should provide your views on the causes and ramifications of the assessed performance.

3. All information provided should be reviewed for accuracy prior to submission.

4. If you elect not to provide comments, please acknowledge receipt of the evaluation by indicating "No comment" in the space provided, and then selecting “Accept the Ratings and Close the Evaluation”.

5. Your response is due within sixty (60) calendar days after receipt of the CPAR. On day fifteen (15), the evaluation will become available in PPIRS-RC marked as “Pending” with or without comments and whether or not it has been closed. If you do not sign and submit the CPAR within sixty (60) days, it will automatically be returned to the Government and will be annotated: "The report was delivered/received by the contractor on (date). The contractor neither signed nor offered comment in response to this assessment."

f. The following guidelines apply concerning your use of the past performance evaluation:

1. Protect the evaluation as source selection information. After review, transmit the evaluation by completing and submitting the form through CPARS. If for some reason you are unable to view and/or submit the form through CPARS, contact the CO for instructions. Strictly control access to the evaluation within your organization. Ensure the evaluation is never released to persons or entities outside of your control.

2. Prohibit the use of or reference to evaluation data for advertising, promotional material, pre-award surveys, responsibility determinations, production readiness reviews, or other similar purposes.

g. If you wish to discuss a Past Performance evaluation, you should request a meeting in writing to the CO no later than seven (7) days following your receipt of the evaluation. The meeting will be held via telephone or other means during your sixty (60)-day review period.

A copy of the completed past performance evaluation will be available in CPARS for your viewing and for Government use supporting source selection actions after it has been finalized.

G.3 STANDARD FORM 1413:

Contractor is to submit to the administering Contract Specialist via email a copy of all Standard Form 1413’s for subcontractors performing on this project prior to work being started.

G.4 CERTIFIED PAYROLL FORMS:

Contractor is to submit to the administering Contract Specialist via email a copy of all certified payrolls for all prime and subcontractor employees performing work on this project in accordance with FAR clause 52.222-8.

G.5 DAVIS-BACON POSTER:

Contractor shall post the Davis-Bacon Poster and applicable wage determination at the site of work in a prominent and accessible place where it may be easily seen by employees.

G.6 WAGE DETERMINATION:

36C78625B0023 Section G Full text of the Wage Determination(s) are provided as an attachment to this solicitation.

Page 1 of Page 1 of Page 1 of

36C78625B0019 Section G

Page 1 of Page 1 of Page 1 of Page 1 of

SECTION H - SPECIAL CONTRACT REQUIREMENTS

H.1 NCA Dignity Clause Every action by contractor personnel at a national cemetery must be performed with the special care, reverence, dignity, and respect that acknowledges the cemetery as the final resting place that commemorates the service and sacrifice that service members, Veterans and their families made for our Nation. Critically important is the awareness required of the Contractor employees of the remains buried in the grounds where the work is performed. The utmost care must be given to these remains and the headstones and flat grave markers that mark those gravesites and memorialize the service of individuals.

36C78625B0023 Section H

PART II - CONTRACT CLAUSES

SECTION I - CONTRACT CLAUSES

I.1 FAR 52.252-2 CLAUSES INCORPORATED BY REFERENCE (FEB 1998)

This contract incorporates one or more clauses by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. Also, the full text of a clause may be accessed electronically at this/these address(es):

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

(End of Clause)

FAR Number
Title
Date
52.202-1
DEFINITIONS
JUN 2020
52.203-3
GRATUITIES
APR 1984
52.203-5
COVENANT AGAINST CONTINGENT FEES
MAY 2014
52.203-6
RESTRICTIONS ON SUBCONTRACTOR SALES TO THE GOVERNMENT
JUN 2020
52.203-7
ANTI-KICKBACK PROCEDURES
JUN 2020
52.203-8
CANCELLATION, RESCISSION, AND RECOVERY OF FUNDS FOR ILLEGAL OR IMPROPER ACTIVITY
MAY 2014
52.203-10
PRICE OR FEE ADJUSTMENT FOR ILLEGAL OR IMPROPER ACTIVITY
MAY 2014
52.203-12
LIMITATION ON PAYMENTS TO INFLUENCE CERTAIN FEDERAL TRANSACTIONS
JUN 2020
52.203-13
CONTRACTOR CODE OF BUSINESS ETHICS AND CONDUCT
NOV 2021
52.203-14
DISPLAY OF HOTLINE POSTER(S)
NOV 2021
52.203-17
CONTRACTOR EMPLOYEE WHISTLEBLOWER RIGHTS
NOV 2023
52.203-19
PROHIBITION ON REQUIRING CERTAIN INTERNAL CONFIDENTIALITY AGREEMENTS OR STATEMENTS
JAN 2017
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
52.204-19
INCORPORATION BY REFERENCE OF REPRESENTATIONS AND CERTIFICATIONS
DEC 2014
52.204-23
PROHIBITION ON CONTRACTING FOR HARDWARE, SOFTWARE, AND SERVICES DEVELOPED OR PROVIDED BY KASPERSKY LAB COVERED ENTITIES
DEC 2023
52.204-25
PROHIBITION ON CONTRACTING FOR CERTAIN TELECOMMUNICATIONS AND VIDEO SURVEILLANCE SERVICES OR EQUIPMENT
NOV 2021
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, PROPOSED FOR DEBARMENT, OR VOLUNTARILY EXCLUDED
JAN 2025
52.209-9
UPDATES OF PUBLICLY AVAILABLE INFORMATION REGARDING RESPONSIBILITY MATTERS
OCT 2018
52.209-10
PROHIBITION ON CONTRACTING WITH INVERTED DOMESTIC CORPORATIONS
NOV 2015
52.210-1
MARKET RESEARCH
NOV 2021
52.214-26
AUDIT AND RECORDS—SEALED BIDDING
JUN 2020
52.214-27
PRICE REDUCTION FOR DEFECTIVE CERTIFIED COST OR PRICING DATA—MODIFICATIONS—SEALED BIDDING
JUN 2020
52.214-28
SUBCONTRACTOR CERTIFIED COST OR PRICING DATA—MODIFICATIONS—SEALED BIDDING
JUN 2020
52.219-8
UTILIZATION OF SMALL BUSINESS CONCERNS
JAN 2025
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
52.222-3
CONVICT LABOR
JUN 2003
52.222-4
CONTRACT WORK HOURS AND SAFETY STANDARDS—OVERTIME COMPENSATION
MAY 2018
52.222-7
WITHHOLDING OF FUNDS
MAY 2014
52.222-8
PAYROLLS AND BASIC RECORDS
JUL 2021
52.222-10
COMPLIANCE WITH COPELAND ACT REQUIREMENTS
FEB 1988
52.222-13
COMPLIANCE WITH CONSTRUCTION WAGE RATE REQUIREMENTS AND RELATED REGULATIONS
MAY 2014
52.222-14
DISPUTES CONCERNING LABOR STANDARDS
FEB 1988
52.222-15
CERTIFICATION OF ELIGIBILITY
MAY 2014
52.222-19
CHILD LABOR—COOPERATION WITH AUTHORITIES AND REMEDIES
JAN 2025
52.222-35
EQUAL OPPORTUNITY FOR VETERANS
JUN 2020
52.222-36
EQUAL OPPORTUNITY FOR WORKERS WITH DISABILITIES
JUN 2020
52.222-37
EMPLOYMENT REPORTS ON VETERANS
JUN 2020
52.222-40
NOTIFICATION OF EMPLOYEE RIGHTS UNDER THE NATIONAL LABOR RELATIONS ACT
DEC 2010
52.222-50
COMBATING TRAFFICKING IN PERSONS
NOV 2021
52.222-54
EMPLOYMENT ELIGIBILITY VERIFICATION
JAN 2025
52.222-55
MINIMUM WAGES FOR CONTRACTOR WORKERS UNDER EXECUTIVE ORDER 14026 (DEVIATION)
OCT 2023
52.222-62
PAID SICK LEAVE UNDER EXECUTIVE ORDER 13706
JAN 2022
52.223-2
REPORTING OF BIOBASED PRODUCTS UNDER SERVICE AND CONSTRUCTION CONTRACTS
MAY 2024
52.223-5
POLLUTION PREVENTION AND RIGHT-TO-KNOW INFORMATION
MAY 2024
52.223-23
SUSTAINABLE PRODUCTS AND SERVICES
MAY 2024
52.225-13
RESTRICTIONS ON CERTAIN FOREIGN PURCHASES
FEB 2021
52.226-7
DRUG-FREE WORKPLACE
MAY 2024
52.226-8
ENCOURAGING CONTRACTOR POLICIES TO BAN TEXT MESSAGING WHILE DRIVING
MAY 2024
52.227-1
AUTHORIZATION AND CONSENT
JUN 2020
52.227-2
NOTICE AND ASSISTANCE REGARDING PATENT AND COPYRIGHT INFRINGEMENT
JUN 2020
52.227-4
PATENT INDEMNITY—CONSTRUCTION CONTRACTS
DEC 2007
52.228-2
ADDITIONAL BOND SECURITY
OCT 1997
52.228-11
INDIVIDUAL SURETY—PLEDGE OF ASSETS
FEB 2021
52.228-12
PROSPECTIVE SUBCONTRACTOR REQUESTS FOR BONDS
DEC 2022
52.228-14
IRREVOCABLE LETTER OF CREDIT
NOV 2014
52.228-15
PERFORMANCE AND PAYMENT BONDS—CONSTRUCTION
JUN 2020
52.229-3
FEDERAL, STATE, AND LOCAL TAXES
FEB 2013
52.229-12
TAX ON CERTAIN FOREIGN PROCUREMENTS
FEB 2021
52.232-5
PAYMENTS UNDER FIXED-PRICE CONSTRUCTION CONTRACTS
MAY 2014
52.232-17
INTEREST
MAY 2014
52.232-23
ASSIGNMENT OF CLAIMS
MAY 2014
52.232-27
PROMPT PAYMENT FOR CONSTRUCTION CONTRACTS
JAN 2017
52.232-33
PAYMENT BY ELECTRONIC FUNDS TRANSFER—SYSTEM FOR AWARD MANAGEMENT
OCT 2018
52.232-39
UNENFORCEABILITY OF UNAUTHORIZED OBLIGATIONS
JUN 2013
52.232-40
PROVIDING ACCELERATED PAYMENTS TO SMALL BUSINESS SUBCONTRACTORS
MAR 2023
52.233-1
DISPUTES ALTERNATE I (DEC 1991)
MAY 2014
52.233-3
PROTEST AFTER AWARD
AUG 1996
52.233-4
APPLICABLE LAW FOR BREACH OF CONTRACT CLAIM
OCT 2004
52.236-2
DIFFERING SITE CONDITIONS
APR 1984
52.236-3
SITE INVESTIGATION AND CONDITIONS AFFECTING THE WORK
APR 1984
52.236-5
MATERIAL AND WORKMANSHIP
APR 1984
52.236-6
SUPERINTENDENCE BY THE CONTRACTOR
APR 1984
52.236-7
PERMITS AND RESPONSIBILITIES
NOV 1991
52.236-8
OTHER CONTRACTS
APR 1984
52.236-9
PROTECTION OF EXISTING VEGETATION, STRUCTURES, EQUIPMENT, UTILITIES, AND IMPROVEMENTS
APR 1984
52.236-10
OPERATIONS AND STORAGE AREAS
APR 1984
52.236-11
USE AND POSSESSION PRIOR TO COMPLETION
APR 1984
52.236-12
CLEANING UP
APR 1984
52.236-13
ACCIDENT PREVENTION
NOV 1991
52.236-15
SCHEDULES FOR CONSTRUCTION CONTRACTS
APR 1984
52.236-17
LAYOUT OF WORK
APR 1984
52.236-21
SPECIFICATIONS AND DRAWINGS FOR CONSTRUCTION ALTERNATE I (APR 1984)
FEB 1997
52.236-26
PRECONSTRUCTION CONFERENCE
FEB 1995
52.240-1
PROHIBITION ON UNMANNED AIRCRAFT SYSTEMS MANUFACTURED OR ASSEMBLED BY AMERICAN SECURITY DRONE ACT—COVERED FOREIGN ENTITIES
NOV 2024
52.242-13
BANKRUPTCY
JUL 1995
52.243-5
CHANGES AND CHANGED CONDITIONS
APR 1984
52.245-1
GOVERNMENT PROPERTY
SEP 2021
52.245-9
USE AND CHARGES
APR 2012
52.246-21
WARRANTY OF CONSTRUCTION
MAR 1994
52.248-3
VALUE ENGINEERING—CONSTRUCTION
OCT 2020
52.249-2
TERMINATION FOR CONVENIENCE OF THE GOVERNMENT (FIXED PRICE) ALTERNATE I (SEPT 1996)
APR 2012
52.249-10
DEFAULT (FIXED-PRICE CONSTRUCTION)
APR 1984
52.253-1
COMPUTER GENERATED FORMS
JAN 1991

I.2 FAR 52.204-30 FEDERAL ACQUISITION SUPPLY CHAIN SECURITY ACT ORDERS—PROHIBITION (DEC 2023)

(a) Definitions. As used in this clause— Covered article, as defined in 41 U.S.C. 4713(k), means—

(1) Information technology, as defined in 40 U.S.C. 11101, including cloud computing services of all types;

(2) Telecommunications equipment or telecommunications service, as those terms are defined in section 3 of the Communications Act of 1934 (47 U.S.C. 153);

(3) The processing of information on a Federal or non-Federal information system, subject to the requirements of the Controlled Unclassified Information program (see 32 CFR part 2002); or

(4) Hardware, systems, devices, software, or services that include embedded or incidental information technology.

FASCSA order means any of the following orders issued under the Federal Acquisition Supply Chain Security Act (FASCSA) requiring the removal of covered articles from executive agency information systems or the exclusion of one or more named sources or named covered articles from executive agency procurement actions, as described in 41 CFR 201–1.303(d) and (e):

(1) The Secretary of Homeland Security may issue FASCSA orders applicable to civilian agencies, to the extent not covered by paragraph (2) or (3) of this definition. This type of FASCSA order may be referred to as a Department of Homeland Security (DHS) FASCSA order.

(2) The Secretary of Defense may issue FASCSA orders applicable to the Department of Defense (DoD) and national security systems other than sensitive compartmented information systems. This type of FASCSA order may be referred to as a DoD FASCSA order.

(3) The Director of National Intelligence (DNI) may issue FASCSA orders applicable to the intelligence community and sensitive compartmented information systems, to the extent not covered by paragraph (2) of this definition. This type of FASCSA order may be referred to as a DNI FASCSA order.

Intelligence community, as defined by 50 U.S.C. 3003(4), means the following—

(1) The Office of the Director of National Intelligence;

(2) The Central Intelligence Agency;

(3) The National Security Agency;

(4) The Defense Intelligence Agency;

(5) The National Geospatial-Intelligence Agency;

(6) The National Reconnaissance Office;

(7) Other offices within the Department of Defense for the collection of specialized national intelligence through reconnaissance programs;

(8) The intelligence elements of the Army, the Navy, the Air Force, the Marine Corps, the Coast Guard, the Federal Bureau of Investigation, the Drug Enforcement Administration, and the Department of Energy;

(9) The Bureau of Intelligence and Research of the Department of State;

(10) The Office of Intelligence and Analysis of the Department of the Treasury;

(11) The Office of Intelligence and Analysis of the Department of Homeland Security; or

(12) Such other elements of any department or agency as may be designated by the President, or designated jointly by the Director of National Intelligence and the head of the department or agency concerned, as an element of the intelligence community.

National security system, as defined in 44 U.S.C. 3552, means any information system (including any telecommunications system) used or operated by an agency or by a contractor of an agency, or other organization on behalf of an agency—

(1) The function, operation, or use of which involves intelligence activities; involves cryptologic activities related to national security; involves command and control of military forces; involves equipment that is an integral part of a weapon or weapons system; or is critical to the direct fulfillment of military or intelligence missions, but does not include a system that is to be used for routine administrative and business applications (including payroll, finance, logistics, and personnel management applications); or

(2) Is protected at all times by procedures established for information that have been specifically authorized under criteria established by an Executive order or an Act of Congress to be kept classified in the interest of national defense or foreign policy.

Reasonable inquiry means an inquiry designed to uncover any information in the entity’s possession about the identity of any covered articles, or any products or services produced or provided by a source. This applies when the covered article or the source is subject to an applicable FASCSA order. A reasonable inquiry excludes the need to include an internal or third-party audit.

Sensitive compartmented information means classified information concerning or derived from intelligence sources, methods, or analytical processes, which is required to be handled within formal access control systems established by the Director of National Intelligence.

Sensitive compartmented information system means a national security system authorized to process or store sensitive compartmented information.

Source means a non-Federal supplier, or potential supplier, of products or services, at any tier.

(b) Prohibition. (1) Unless an applicable waiver has been issued by the issuing official, Contractors shall not provide or use as part of the performance of the contract any covered article, or any products or services produced or provided by a source, if the covered article or the source is prohibited by an applicable FASCSA orders as follows:

(i) For solicitations and contracts awarded by a Department of Defense contracting office, DoD FASCSA orders apply.

(ii) For all other solicitations and contracts DHS FASCSA orders apply.

(2) The Contractor shall search for the phrase ‘‘FASCSA order’’ in the System for Award Management (SAM) at https://www.sam.gov to locate applicable FASCSA orders identified in paragraph (b)(1).

(3) The Government may identify in the solicitation additional FASCSA orders that are not in SAM, which are effective and apply to the solicitation and resultant contract.

(4) A FASCSA order issued after the date of solicitation applies to this contract only if added by an amendment to the solicitation or modification to the contract (see FAR 4.2304(c)). However, see paragraph (c) of this clause.

(5)(i) If the contractor wishes to ask for a waiver of the requirements of a new FASCSA order being applied through modification, then the Contractor shall disclose the following:

(A) Name of the product or service provided to the Government;

(B) Name of the covered article or source subject to a FASCSA order;

(C) If applicable, name of the vendor, including the Commercial and Government Entity code and unique entity identifier (if known), that supplied or supplies the covered article or the product or service to the Offeror;

(D) Brand;

(E) Model number (original equipment manufacturer number, manufacturer part number, or wholesaler number);

(F) Item description;

(G) Reason why the applicable covered article or the product or service is being provided or used;

(ii) Executive agency review of disclosures. The contracting officer will review disclosures provided in paragraph (b)(5)(i) to determine if any waiver is warranted. A contracting officer may choose not to pursue a waiver for covered articles or sources otherwise covered by a FASCSA order and to instead pursue other appropriate action.

(c) Notice and reporting requirement. (1) During contract performance, the Contractor shall review SAM.gov at least once every three months, or as advised by the Contracting Officer, to check for covered articles subject to FASCSA order(s), or for products or services produced by a source subject to FASCSA order(s) not currently identified under paragraph (b) of this clause.

(2) If the Contractor identifies a new FASCSA order(s) that could impact their supply chain, then the Contractor shall conduct a reasonable inquiry to identify whether a covered article or product or service produced or provided by a source subject to the FASCSA order(s) was provided to the Government or used during contract performance.

(3)(i) The Contractor shall submit a report to the contracting office as identified in paragraph (c)(3)(ii) of this clause, if the Contractor identifies, including through any notification by a subcontractor at any tier, that a covered article or product or service produced or provided by a source was provided to the Government or…

This is the start of the file's text. The full file is on GovTribe.

File details come from the government source that posted it. Updated .