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Y1PZ--823CM3024 Renovate Roads and FCA Corrections at Wood National Cemetery
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36C78626B0006
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This is a sealed bid Invitation for Bid (IFB) solicitation for general construction services at Wood National Cemetery in Milwaukee, Wisconsin. The solicitation number is 36C78626B0006 for Project Number 823CM3024, issued by the Department of Veterans Affairs National Cemetery Administration Contracting Services on April 22, 2026. The project involves renovating roads and FCA (Facility Condition Assessment) corrections, including rehabilitation of cemetery road pavements, curbs, gutters, and sidewalks. The work is estimated between $1,000,000 and $5,000,000 and must be completed within 270 calendar days from the notice to proceed. This is a 100% Service-Disabled Veteran-Owned Small Business (SDVOSB) set-aside procurement requiring bidders to be CVE-verified prior to submission and registered in SAM with a valid UEI number. Bidders must be certified in the SBA database at the time of offer submission and award. The NAICS code is 237990 with a $45.0 million size standard. Bids are due June 2, 2026, at 2:00 PM EST via email to Richard.Adu@va.gov, with a public bid opening on Microsoft Teams. Prospective bidders must submit questions by May 7, 2026, at 2:00 PM EST and are strongly encouraged to attend an organized site visit on April 30, 2026, at 1:00 PM CST at Wood National Cemetery.

Bid requirements include submission of a completed SF 1442 form, price/cost schedule with lump sum pricing for the base bid and three optional bid items (CLINs 0001-0004), bid bond (20% of bid price, not to exceed $3,000,000 for bids exceeding $150,000), VAAR 852.219-75 Limitations on Subcontracting Certificate, IFB Lump Sum Division Spreadsheet, and acknowledgment of all solicitation amendments. The awarded contractor must furnish Performance and Payment Bonds within 10 calendar days of award. Liquidated damages are assessed at $1,375.00 per calendar day of delay. For general construction contracts, the SDVOSB prime contractor cannot pay more than 85% of the government payment (excluding materials costs) to non-certified SDVOSB firms. The contract is subject to Davis-Bacon wage rate requirements with prevailing wage determinations for Wisconsin heavy construction. Electronic invoices must be submitted to the Veterans Affairs Financial Services Center through OB10 e-Invoicing within 10 business days of performance and acceptance. Payment will be made within 30 calendar days upon proper invoice submission.

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File Type Posted
Revised PRICE COST SCHEDULE on Page 9 of the solicitation.docx DOCX document
36C78626B0006 0004.docx DOCX document
36C78626B0006 0003.docx DOCX document
Prebid Site Visit Attendance Sheet 823 CM3024 Renovate Roads and FCA corrections at Wood NC.pdf PDF
36C78626B0006 0002.docx DOCX document
Revised IFB Cost Estimate Worksheet.xlsx XLSX spreadsheet
Revised Statement of Work 823CM3024 Renovate Roads and FCA Corrections at Wood NC.pdf PDF
Revised Page Two of 36C78626B0006_1 Document.docx DOCX document
36C78626B0006 0001.docx DOCX document
Bid Drawings Vol. 3 of 3_823CM3024 Renovate Roads and FCA Corrections at Wood NC.pdf PDF
Bid Drawings Vol. 1 of 3_823CM3024 Renovate Roads and FCA Corrections at Wood NC.pdf PDF
Bid Drawings Vol. 2 of 3_823CM3024 Renovate Roads and FCA Corrections at Wood NC.pdf PDF
Bid Specifications 823CM3024 Renovate Roads and FCA Corrections at Wood NC.pdf PDF
DIGNITY STANDARDS.pdf PDF
IFB Cost Estimate Worksheet.xlsx XLSX spreadsheet
VAAR 852.219-75 VA Notice of Limitations On Subcontracting Certificate.docx DOCX document
Davis-Bacon Wage Determination_Heavy_WI20260015 01-02-2026.pdf PDF
Bid Geotechnical Report_823CM3024 Renovate Roads and FCA Corrections at Wood NC.pdf PDF
Statement of Work 823CM3024 Renovate Roads and FCA Corrections at Wood NC.pdf PDF
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36C78626B0006

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.

36C78626B0006 X 04-22-2026

Fund Assurance

823CM3024

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

(917) 951-0653 This Project will Renovate Roads and FCA Corrections at Wood National Cemetery, 5000 West National Avenue. Building 1301, Milwaukee, WI 53295-0001. The construction contractor shall provide all labor, management, materials, tools, equipment, and services necessary to construct project number 823CM3024 per the Statement of Work, Specifications, Drawi and relate construction documents. Period of Performance: 270 calendar days from issuance of the notice-to-proceed (NTP)

This is a 100% Service-Disabled Veteran Owned Small Business (SDVOSB) set aside procurement and will be conducted in accordance with Public Law 109 461. Bidders must be CVE verified prior to submitting a bid in accordance with VAAR 819 7003(B) and FAR Provision 52.204 7(a). All prospective bidders must be registered in System for Award Management (SAM) at www.sam.gov and have SAM Unique Entity Identifier (UEI) number, and are verified /visible/certified in SBA site https://search.certifications.sba.gov/, Vets 4212 at https://www.dol.gov at the time of offer submission and before awar d of this procurement.

The North American Industry Classification System (NAICS) code for this procurement 237990 - Other Heavy and Civil Engineering Construction, and the business size standard is$45.0 million

The magnitude of construction for this project is Between $1,000,000 and $5,000,000 per FAR 36.204.

An organized site visit has been scheduled for Thursday, April 30, 2026, at 1:00pm CST . Participants will meet at the Administrative Building at Wood National Cemetery, 5000 West National Avenue. Building 1301, Milwaukee, WI 53295-0001.

INTERESTED BIDDERS ARE STRONGLY ENCOURAGED TO ATTEND.

To preserve the integrity of the procurement process, all prebid questions and request for information must be submitted in writing to Richard Adu, Contracting Officer via email at Richard.Adu@va.gov. Questions must be received no later than Thursday, May 7, 2026, at 2:00 pm EST.

IAW FAR 36.209, No contract for the construction of a project shall be awarded to the firm that designed the project or its subsidiaries or affiliates, except with the approval of the head of the agency or authorized representative.

Complete and return the Limitations on Subcontracting Certificate and IFB Lump Sum Division Spreadsheet along with your

NOTE: CONTRACTORS MUST ACKNOWLEDGE ALL SOLICIATION AMENDMENTS.

Interested bidders will be required to furnish a Bid Bond; and the awarded Contractor will be required to provide Performance and Payment Bonds ten (10) calendar days after receipt of award letter.

Bids must be emailed to Richard.Adu@va.gov on Tuesday, June 2, 2026, at 2:00 pm EST.

X X 52.211-10 X

2:00 PM

E S T 06-02-2026 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

CLIN 0001 Total Base Bid: $ CLIN 0002 Bid Option 1: $ ________________________ CLIN 0003 Bid Option 2: $ ________________________ CLIN 0004 Bid Option 3: $ ________________________ 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 Richard Adu Contracting Officer

Table of Contents

PART I - THE SCHEDULE1
SECTION A - SOLICITATION/CONTRACT FORM1
A.1 SF 1442 SOLICITATION, OFFER, AND AWARD (Construction, Alteration, or Repair)1
A.2 SF 1442 SOLICITATION, OFFER, AND AWARD (CONSTRUCTION, ALTERATION, OR REPAIR)– BACK2
A.3 STATEMENT OF WORK5
A.4 PRICE/COST SCHEDULE9
ITEM INFORMATION9
A.5 CONTRACT ADMINISTRATION DATA10
INFORMATION REGARDING BIDDING MATERIAL, BID GUARANTEE AND BONDS16
INSTRUCTIONS, CONDITIONS AND OTHER STATEMENTS TO BIDDERS/OFFERORS18
2.1 52.216-1 TYPE OF CONTRACT (NOV 2025) (DEVIATION)18
2.2 52.222-5 CONSTRUCTION WAGE RATE REQUIREMENTS—SECONDARY SITE OF THE WORK (NOV 2025) (DEVIATION)18
2.3 52.225-10 NOTICE OF BUY AMERICAN REQUIREMENT—CONSTRUCTION MATERIALS (MAY 2014)18
2.4 52.233-2 SERVICE OF PROTEST (SEP 2006)19
2.5 52.240-90 SECURITY PROHIBITIONS AND EXCLUSIONS REPRESENTATIONS AND CERTIFICATIONS (NOV 2025) (DEVIATION)20
2.6 52.252-1 SOLICITATION PROVISIONS INCORPORATED BY REFERENCE (FEB 1998)23
2.7 VAAR 852.252-70 SOLICITATION PROVISIONS OR CLAUSES INCORPORATED BY REFERENCE (JAN 2008)24
REPRESENTATIONS AND CERTIFICATIONS25
3.1 52.209-7 INFORMATION REGARDING RESPONSIBILITY MATTERS (OCT 2018)25
3.2 52.209-13 VIOLATION OF ARMS CONTROL TREATIES OR AGREEMENTS—CERTIFICATION (NOV 2021)26
GENERAL CONDITIONS29
4.1 52.211-12 LIQUIDATED DAMAGES—CONSTRUCTION (SEPT 2000)29
LIQUIDATED DAMAGES FORMULATION29
4.2 52.219-28 POSTAWARD SMALL BUSINESS PROGRAM REREPRESENTATION (NOV 2025) (DEVIATION)29
4.3 52.225-9 BUY AMERICAN—CONSTRUCTION MATERIALS (DEVIATION) (NOV 2025)32
4.4 52.240-91 SECURITY PROHIBITIONS AND EXCLUSIONS (NOV 2025) (DEVIATION)36
4.5 52.252-2 CLAUSES INCORPORATED BY REFERENCE (FEB 1998)45
4.6 VAAR 852.201-70 CONTRACTING OFFICER'S REPRESENTATIVE (DEC 2022)48
4.7 VAAR 852.203-70 COMMERCIAL ADVERTISING (MAY 2018)48
4.8 VAAR 852.204-70 PERSONAL IDENTITY VERIFICATION OF CONTRACTOR PERSONNEL (MAY 2020)48
4.9 VAAR 852.211-72 TECHNICAL INDUSTRY STANDARDS (NOV 2018)48
4.10 VAAR 852.219-73 VA NOTICE OF TOTAL SET-ASIDE FOR CERTIFIED SERVICE-DISABLED VETERAN-OWNED SMALL BUSINESSES (JAN 2023) (DEVIATION)49
4.11 VAAR 852.219-75 VA NOTICE OF LIMITATIONS ON SUBCONTRACTING—CERTIFICATE OF COMPLIANCE FOR SERVICES AND CONSTRUCTION (JAN 2023) (DEVIATION)51
4.12 VAAR 852.222-71 COMPLIANCE WITH EXECUTIVE ORDER 13899 (DEVIATION)(APR 2025)53
4.13 VAAR 852.228-70 BOND PREMIUM ADJUSTMENT (JAN 2008)53
4.14 VAAR 852.228-72 ASSISTING SERVICE-DISABLED VETERAN-OWNED AND VETERAN-OWNED SMALL BUSINESSES IN OBTAINING BONDS (DEC 2009)53
4.15 VAAR 852.232-71 PAYMENTS UNDER FIXED-PRICE CONSTRUCTION CONTRACTS (INCLUDING NAS– CPM) (NOV 2018)54
4.16 VAAR 852.232-72 ELECTRONIC SUBMISSION OF PAYMENT REQUESTS (NOV 2018)57
4.17 VAAR 852.236-71 SPECIFICATIONS AND DRAWINGS FOR CONSTRUCTION (APR 2019)58
4.18 VAAR 852.236-79 CONTRACTOR PRODUCTION REPORT (APR 2019)59
4.19 VAAR 852.236-80 SUBCONTRACTS AND WORK COORDINATION (APR 2019)59
4.20 VAAR 852.242-70 GOVERNMENT CONSTRUCTION CONTRACT ADMINISTRATION (OCT 2020)59
4.21 VAAR 852.242-71 ADMINISTRATIVE CONTRACTING OFFICER (OCT 2020)60
4.22 VAAR 852.243-70 CONSTRUCTION CONTRACT CHANGES—SUPPLEMENT (SEP 2019)60
4.23 IT CONTRACT SECURITY62
4.24 SUPPLEMENTAL INSURANCE REQUIREMENTS71
4.25 WAGE RATE72

A.3 STATEMENT OF WORK

INVITATION FOR BID

STATEMENT OF WORK

PROJECT NUMBER 823CM3024

RENOVATE ROADS AND FCA CORRECTIONS AT

WOOD NATIONAL CEMETERY, WI

A. PART I – PROJECT OBJECTIVES

A1. Statement of Work

STATEMENT OF BID ITEM(S)

A. CLIN 0001 –BASE BID, GENERAL CONSTRUCTION: Installation of all work shown on the plans and described in the specifications and defined in Bid Documents. Includes the following: The scope of this project will rehabilitate cemetery road pavements, curbs, gutters and sidewalks at Wood National Cemetery, Wisconsin.

B. Administered by the United States Department of Veterans Affairs. Major scope items include construction of the following items as described in this Scope of Work (SOW) and included on construction documents:

a. CLIN 0001, GENERAL CONSTRUCTION: Installation of all work shown on the plans as BASE BID and in accordance with the specifications. See sheet GC101 for all sheets associated with this bid item.

b. CLIN 0002, GENERAL CONSTRUCTION: Installation of all work shown on the plans as BID OPTION 1 and in accordance with the specifications. See sheet GC101 for all sheets associated with this bid item.

c. CLIN 0003, Installation of all work shown on the plans as BID OPTION 2 and in accordance with the specifications. See sheet GC101 for all sheets associated with this bid item.

d. CLIN 0004, GENERAL CONSTRUCTION: Installation of all work shown on the plans as BID OPTION 3 and in accordance with the specifications. See sheet GC101 for all sheets associated with this bid item.

A.2 General Conditions

1. All work will be accomplished during normal business hours (8:00 am to 4:30 pm) Monday through Friday, except Federal Holidays.

2. Before beginning any demolition work, the Contractor shall survey the site and examine the drawings and review the scope of work to determine the extent of the work. The Contractor shall take the necessary precautions to avoid damages to existing items to remain in place, to be reused or to remain the property of the Cemetery. Any damaged items shall be repaired or replaced at the Contractors expense as directed by the Contracting Officer’s Representative (COR).

3. Establish construction limits, install safety controls, and install construction fencing as approved by the COR.

4. SITE SURVEY: Locate and stake/flag all underground utilities.

5. SITE CLEARING: Remove grass and other vegetation or obstructions as required to permit grading of the site within the project limits. Dispose/haul away and dump trash, debris and waste to an approved disposal site.

6. EROSION CONTROL AND SITE DRAINAGE: Contractor shall provide erosion control measures to prevent erosion or displacement of soils and discharge of soil bearing water runoff or airborne dust.

7. SITE GRADING AND FINISHING: Perform grading within the limits of the project to the lines, grades, and elevations indicated and as specified. Thoroughly clean up the work area at the end of each day’s work and at completion of the project. Leave premises clean and free of waste, scrap, used equipment or other material intentionally or incidentally delivered to the site by Contractor or Contractor’s personnel.

8. LANDSCAPING: Provide both turf and seed grass sod as shown in the construction documents. The Contractor shall protect from damage all existing improvements, equipment, structures, facilities, grounds and utilities at or near the work site or adjacent property. The Contractor shall repair any damage to those facilities, including those that are the property of a third party, resulting from failure to comply with the requirements of this contract or failure to exercise reasonable care in performing the work.

9. Upon completion of contract, deliver work complete and undamaged. Existing materials, equipment, structures, facilities, grounds and disturbed or removed as a result of performing required new work, shall be patched, repaired, reinstalled, or replaced with new work, and refinished and left in good condition as existed before commencing work.

10. Remove, cut, alter, replace, patch and repair existing work as necessary to install new work. Existing work to be altered or extended and that is found to be defective in any way, shall be reported to the Contracting Officer and the COR before it is disturbed. Materials and workmanship used in restoring work shall conform in type and quality to that of original existing construction, except as otherwise shown or specified.

11. Thoroughly clean up the work area at the end of each day’s work and at the completion of the project. Leave premises clean and free of waste, scraps, used equipment or other material intentionally or accidentally delivered to the site by the Contractor or Contractor’s personnel.

12. The Contractor shall preserve and protect all structures, equipment, and vegetation (such as trees, shrubs and grass) on or adjacent to the work site not to be removed and do not reasonably interfere with the work required under this contract. The Contractor shall only remove trees when specifically authorized to do so and shall avoid damaging vegetation that will remain in place. If any limbs or branches of trees are broken during contract performance, or by careless operation of equipment, or by workmen, the Contractor shall trim those limbs or branches with a clean cut and paint the cut with a tree-pruning compound as directed by the Contracting Officer.

13. The Contractor shall protect from damage all existing improvements and utilities at or near the work site and on adjacent property of a third party, the locations of which are made known to or should be made known by the Contractor. The Contractor shall repair any damage to those facilities, including those that are the property of a third party, resulting from failure to comply with the requirements of this contract or failure to exercise reasonable care in performing the work. If the Contractor fails or refuses to repair the damage promptly, the Contracting Officer may have the necessary work performed and charge the cost to the Contractor.

14. The Contractor shall coordinate with the Cemetery Director for parking, material storage, temporary buildings (e.g., storage trailers, office trailers, portable restroom facilities) and any other needs for the work.

A3. Other Requirements:

1. Contractor shall secure all necessary permits including any environmental permit required to meet compliance.

2. Contractor shall investigate all on-site conditions including all utilities prior to construction.

3. Contractor shall grade the site to maintain proper site drainage.

4. Contractor shall provide daily progress summary and electronic photos (minimum of 10 daily) to show construction progress through e-mail to the COR.

5. Contractor shall provide a certificate of warranty for material supplied and workmanship for a minimum of one year from the date of acceptance.

6. Contractor shall provide two copies of Operation and Maintenance Manuals, if required, at the final inspection.

7. Contractor shall perform daily clean up and final clean up.

8. Contractor shall dispose of all waste materials properly off site.

9. Seal concrete.

10. Protect existing roads and undisturbed infrastructures and environments.

11. Repair and restore all damages to be as good as the original conditions or better due to construction activities.

12. Prior to submitting any bid, a site meeting will be held and participants would include but not limited to the contractor, contracting officer and/or COR, District Engineer, and the Cemetery Director. The purpose of the meeting would be to visit site locations, clarification of scope, and to thoroughly investigate the site to ensure a clear understanding of the project.

A4. Schedule

1. The anticipated completion of this project is 9 months or 270 calendar days after receipt of Notice to Proceed.

A5. Definitions

1. Construction contract as defined by the Department of Veterans Affairs (VA) is the procurement by the Government, under one contract, with one firm or joint venture (JV) for construction services for a specific project.

2. Contracting Officer: The services to be performed under this contract are subject to the general supervision, direction, control and approval of the Contracting Officer. The Contracting Officer is the only person authorized to obligate the government, interpret or change the contract.

3. Project Manager / Contracting Officer’s Representative (COR): The COR is the Contracting Officer's authorized representative. The COR is responsible for protecting the Government's interest in the execution of the construction contract work. His duties include surveillance of all construction work to assure compliance with the contract documents, approval of all submittals, samples, shop drawings, etc.

4. Contract: This term, as used herein, refers to the Contract(s) to perform the construction of the project.

5. Contractor: This term, as used herein, refers to the contractor under this contract.

A6. Location

1. Wood National Cemetery, W. National Avenue, Milwaukee, Wisconsin 53295.

B. PART II – RESPONSIBILITIES OF THE DESIGN-BUILD TEAM

1. The section is not applicable for this IFB.

C. PART III - PROPOSAL REQUIREMENTS

1. The section is not applicable for this IFB.

D. PART IV - POST AWARD REQUIREMENTS

1. Construction Period Submittals

· Shop drawings and submittals - The Contractor shall be responsible to ensure that the VA COR reviews shop drawings, detail drawings, schedules, descriptive literature and samples, and review the color, texture and suitability of materials for conformity with the contract documents. The COR shall recommend approval, disapproval, or other suitable disposition. The VA COR will have final approval authority.

· Other submittals – The Contractor shall submit test results, certificates, manufacturer’s instructions, manufacturer’s field reports, etc. as required by the VA IFB specifications, to the VA COR.

· Project record drawings - The Contractor will maintain a set of construction documents (field as-built drawings) to record actual construction changes during the construction process as required by the IFB specifications. The project record drawings will be available for review by the VA COR at all times.

2. Project Close-Out. The Contractor shall comply with the requirements in the “General Conditions”, and “General Requirements”, for submission of final IFB as-built drawings, manuals, and other documents as noted. Required as-built drawings and specifications will be submitted in the same format required for the construction documents.

3. Site Visits and Inspections. At the behest of the Contractor, the VA COR/inspector shall observe the construction, advise the contractor of any deviations or deficiencies or solutions to issues discussed.

- End of Statement of Work –

A.4 PRICE/COST SCHEDULE

ITEM INFORMATION

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

Project Number 823CM3024 Renovate Roads and FCA Corrections at Wood National Cemetery. The construction contractor shall provide all labor, management, materials, tools, equipment, and services necessary to construct project number 823CM3024 per the Statement of Work, Specifications, Drawings, and related construction documents. Construction will take place at Wood National Cemetery, 5000 West National Avenue. Building 1301, Milwaukee, WI 53295-0001. Installation of all work shown on the plans and described in the specifications and defined in Bid Documents includes the following:

CLIN 0001 Total Base Bid, General Construction: Installation of all work shown on the plans and described in the specifications and defined in Bid Documents. Includes the following: The scope of this project will rehabilitate cemetery road pavements, curbs, gutters and sidewalks at Wood National Cemetery, Wisconsin.

1.00
JB
__________________
__________________

CLIN 0002 Bid Option 1: GENERAL CONSTRUCTION: Installation of all work shown on the plans as BID OPTION 1 and in accordance with the specifications. See sheet GC101 for all sheets associated with this bid item.

1.00
JB
__________________
__________________

CLIN 0003 Bid Option 2: Installation of all work shown on the plans as BID OPTION 2 and in accordance with the specifications. See sheet GC101 for all sheets associated with this bid item.

1.00
JB
__________________
__________________

CLIN 0004 Bid Option 3: GENERAL CONSTRUCTION: Installation of all work shown on the plans as BID OPTION 3 and in accordance with the specifications. See sheet GC101 for all sheets associated with this bid item.

GRAND TOTAL
__________________

A.5 CONTRACT ADMINISTRATION DATA

1. CONTRACT ADMINISTRATION: All contract administration matters will be handled by the following individual(s):

a. CONTRACTOR: _____________________

Unique Entity ID: _____________________ UIE Number: _____________________ Contact Person: _____________________ Telephone #: _____________________ e-Mail Address: _____________________ Tax Identification Number: _____________________

NOTE: Starting Monday, April 4, 2022, the new Unique Entity ID from SAM.gov will be the official, Federal Government-wide identifier used for Federal contract awards.

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

2. CONTRACTOR REMITTANCE ADDRESS: Effective January 1, 1999, all payments by the Government to the Contractor will be made in accordance with Federal Acquisition Regulation (FAR) Clause 52.232-34, Payment by Electronic Funds Transfer. Contractor must be registered in the System for Award Management (SAM) database in accordance with FAR Clause 52.212-1(k).

3. INVOICES: Invoices shall be submitted within ten (10) business days after performance and acceptance of services and must include the VA Project Number, Contract Number, Purchase Obligation Number, Dates of Service, Detailed description of the services provided and Total Amount Due. Payment for services provided under the terms of this contract will be made in arrears, within thirty (30) calendar days, upon receipt of properly executed invoice(s) in accordance with:

· 852.232-72 ELECTRONIC SUBMISSION OF PAYMENT REQUESTS (NOV 2012)

· UPON ACCEPTANCE OF SERVICES

· In order to comply with the Improper Payment Elimination and Recovery Act of 2010 (IPERA), the VA has mandated electronic invoice submission to the Veterans Affairs Financial Services Center (VAFSC). VAFSC has partnered with OB10 e-Invoicing network, for submissions of all electronic invoices to VA. OB10 electronic invoicing is free to all VA vendors. In order to submit electronic invoices, all VA vendors must register with OB10 by submitting an email to VA.Registration@ob10.com or calling 1-877-752-0900 option 2 for Enrollment.

· Contractor shall submit an electronic invoice within ten (10) business days after performance and acceptance of services to the Veterans Affairs Financial Services Center (VAFSC) e-Invoice through the website at https://portal.tungsten-network.com/Login.aspx . For questions regarding the submission of VA electronic invoices, OB10 customer service may be contacted at 1-877-489-6135.

· All invoices shall reference the vendor’s name and address, customer name, contract number, appropriate obligation/funding order number, description of services provided, quantity provided, unit price, and total invoice amount (any additional info). Invoices shall also include any payment discount terms.

· For questions regarding invoice receipt or payment, please call VAFSC directly at 1-877-353-9791 or email vafsccshd@va.gov.

4. GOVERNMENT INVOICE ADDRESS: 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.

FACSIMILE, E-MAIL, AND SCANNED DOCUMENTS ARE NOT ACCEPTABLE FORMS OF SUBMISSION FOR PAYMENT REQUESTS.

For assistance setting up e-Invoice, the below information is provided:

* Tungsten Network e-Invoice Setup Information: 1-877-489-6135

* Tungsten Network e-Invoice email: VA.Registration@ob10.com <http://VA.Registration@ob10.com/>

* FSC e-Invoice Contact Information: 1-877-353-9791

* FSC e-invoice email: vafsccshd@va.gov <http://va.gov/>

5. CONTRACT AUTHORITY: The Contracting Officer acting within the scope of the contract and his/her duties and responsibilities is the only person authorized to approve changes or modify any of the requirements of this request. The Contractor shall communicate with the Contracting Officer on all matters pertaining to Contract Administration. Only the Contracting Officer is authorized to make commitments or issue changes that affect pricing, quantities or quality of performance, delivery terms and conditions, or the term of the contract.

6. CONTRACTING OFFICER’S REPRESENTATIVE: Notwithstanding the Contractor’s responsibility for total management during the performance of the contract, the administration of the contract will require maximum coordination between the Government and the Contractor. The Contracting Officer will designate a Contracting Officer’s Representative (COR) for the project, of which all work coordination shall be made through the COR. The Contractor shall be provided a copy of the COR’s Delegation of Authority letter outlining the scope of the COR’s duties and responsibilities. No other person shall be authorized to act in such capacity unless appointed in writing by the Contracting Officer.

7. SUBMITTAL OF BIDS: In accordance with FAR 14.202-8, the government is authorizing electronic bids on this solicitation. ALL bids shall be emailed to the attention of the Richard Adu, Contracting Specialist at Richard.Adu@va.gov prior to the bid opening date/time specified. EMAIL SUBJECT LINE: Solicitation 36C78626B0006 Renovate Roads and FCA Corrections 823CM3024 – COMPANY NAME. The bids shall include copies of a bid bond. No hand-carried or mailed bids will be accepted. Please email your bids early to avoid delays related to bids going through VA security networks.

Bids due and opening date is Tuesday, June 2, 2026, at 2:00 PM Eastern Standard Time (EST).

A public bid opening will occur on Microsoft Teams using the following:

Dial In: +1 347-566-4838 (United States, New York City) Phone Conference ID: 943 894 530# Join: https://teams.microsoft.com/meet/226739020122115?p=DNuVQyeqAxp7NFt5yq

a. Bid package shall consist of the following minimum required documents:

· Company cover letter identifying the Solicitation number, Project Description, Company name and address, POC name, Phone number, Email address, Unique Entity ID Number;

· Completed blocks 14-20c of the back of the SF 1442, ensuring full completion of all blocks;

· Completed Price/Cost Schedule

· Completed IFB Lump Sum Division Spreadsheet

· Completed, signed and attached SF30 Amendments (if applicable);

· Attached scanned digital copy of the Bid Bond (if applicable); (ensure to lightly darken raised seals)

· VAAR 852.219-75 VA Notice of Limitations on Subcontracting Certificate

NO FAX SUBMITTED BIDS WILL BE ACCEPTED.

Bids shall be subject to the terms and conditions of this solicitation.

8. PREBID RFIs AND QUESTIONS: All questions regarding this solicitation must be submitted in writing (email is acceptable) to: Richard.Adu@va.gov. Any prospective bidder desiring an explanation or interpretation of the solicitation, drawings, specifications, etc., must request it in writing. No phone responses will be accepted. NOTE: All questions must reference the Solicitation number, Project number (if applicable) and the Description of the project in the Header or Opening Statement. Prebid Request for Information or Question are due on or before Thursday, May 7, 2026, at 2:00pm Eastern Standard Time (EST).

9. 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) calendar 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 (CO). 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) calendar days after the end of a performance period, the CO 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 CO'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.

6. If you do not sign and submit the CPAR within sixty (60) calendar 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) calendar days following your receipt of the evaluation. The meeting will be held via telephone or other means during your sixty (60) calendar day review period.

h. 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.

10. 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.

11. 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.

12. 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.

13. WAGE DETERMINATION:

Full text of the Wage Determination(s) is provided as an attachment to this solicitation.

14. VET 4212

Title 38, USC Section 4212(d), codified at 41 CFR Section 61-300, requires that federal contractors report, at least annually, the number and category of veterans who are within their workforce. Submission of the VETS-4212 reporting information can be done electronically (https://www.dol.gov/agencies/vets/programs/vets4212). Award cannot be made unless the awardee has filed their VETS-4212 report. Therefore, all offerors are encouraged to file every year. The Contracting Officer may request a copy of the email confirmation of receipt notification prior to awarding the project.

(End of Administration Data)

SITE VISIT INFORMATION

Bidders are urged and expected to inspect the site where the work will be performed before submitting bids.

An organized site visit has been scheduled for Thursday, April 30, 2026, at 1:00pm CST Participants will meet at the Administration Building at the address below:

Department of Veterans Affairs National Cemetery Administration Wood National Cemetery 5000 West National Avenue Building 1301 Milwaukee, WI 53295-0001.

INFORMATION REGARDING BIDDING MATERIAL, BID GUARANTEE AND BONDS

(a) Bidding materials consisting of Invitation for Bids, drawings, specifications and contract forms will be available on https://sam.gov/ in electronic format only by searching for solicitation number 36C78626B0006. All interested parties (subs & primes) should register at https://sam.gov/ as an “Interested Vendor” so that others will know of our interest in participating in this procurement. A Bidder’s mailing list WILL NOT BE prepared by the Contract Specialist. SOLICITATION AMENDMENTS: Amendments to the solicitation will be posted at https://sam.gov/. Paper copies of the amendments will NOT be individually mailed. By registering to “Receive Notification”, you will be notified by e-mail of any new amendments that have been issued and posted. No other notification of amendments will be provided. Bidders are reminded that they are responsible for obtaining and acknowledging all amendments to this solicitation prior to the time for receipt of bids.

(b) If bid exceeds $150,000 a bid bond must be submitted. A bid guarantee is required in an amount not less than 20 percent of the bid price but shall not exceed $3,000,000. Failure to furnish the required bid guarantee in the proper form and amount, by the time set for opening of bids, will require rejection of the bid in all cases except those listed in FAR 28.101-4, and may be cause for rejection even then.

(c) If the contract will exceed $150,000 (see FAR 28.102-1 for lesser amount), the bidder to whom award is made will be required to furnish two bonds, a Payment Bond, SF 25A, and a Performance Bond, SF 25, each in the penal sum as noted in the General Conditions of the Specification. Copies of SFs 25 and 25A may be obtained upon application to the issuing office.

(d) If the bid is between $30,000 - $150,000. The bidder to whom award is made will be required to furnish a Payment Bond, Standard Form 25A or alternative payment protection which conforms to the requirements set forth in FAR Clause 52.228-13, Alternative Payment Protections, as noted in the General Conditions of this Specification. Copies of the Standard Form of Payment Bond may be obtained upon application to the Issuing Office.

(e) FAR 52.228-1 Bid Guarantee (Sept 1996) a) Failure to furnish a bid guarantee in the proper form and amount, by the time set for opening of bids, may be cause for rejection of the bid. (b) The bidder shall furnish a bid guarantee in the form of a firm commitment, e.g., bid bond supported by good and sufficient surety or sureties acceptable to the Government, postal money order, certified check, cashier’s check, irrevocable letter of credit, or, under Treasury Department regulations, certain bonds or notes of the United States. The Contracting Officer will return bid guarantees, other than bid bonds- (1) To unsuccessful bidders as soon as practicable after the opening of bids; and (2) To the successful bidder upon execution of contractual documents and bonds (including any necessary coinsurance or reinsurance agreements), as required by the bid as accepted. (c) The amount of the bid guarantee shall be 20 percent of the bid price or $3,000,000, whichever is less. (d) If the successful bidder, upon acceptance of its bid by the Government within the period specified for acceptance, fails to execute all contractual documents or furnish executed bond(s) within 10 days after receipt of the forms by the bidder, the Contracting Officer may terminate the contract for default. (e) In the event the contract is terminated for default, the bidder is liable for any cost of acquiring the work that exceeds the amount of its bid, and the bid guarantee is available to offset the difference.

(f) FAR 52.228-17 Individual Surety—Pledge of Assets (Feb 2021) (a)Offerors shall obtain from each person acting as an individual surety on a bid guarantee— (1)A pledge of assets that meets the eligibility, valuation, and security requirements described in the Federal Acquisition Regulation (FAR) 28.203-1; and (2) Standard Form 28, Affidavit of Individual Surety. (b)The Offeror shall include with its offer the information required at paragraph (a) of this provision within the timeframe specified in the provision at FAR 52.228-1, Bid Guarantee, or as otherwise established by the Contracting Officer. (c)The Contracting Officer may release the security interest on the individual surety's assets in support of a bid guarantee based upon evidence that the offer supported by the individual surety will not result in contract award.

DESCRIPTION OF WORK: GENERAL CONSTRUCTION: The construction contractor shall provide all labor, management, materials, tools, equipment, and services necessary to construct project number 823CM3024 per the Statement of Work, Specifications, Drawings, and related construction documents. Construction will take place at Wood National Cemetery, 5000 West National Avenue. Building 1301, Milwaukee, WI 53295-0001. Installation of all work shown on the plans and described in the specifications and defined in Bid Documents includes the following:

A. CLIN 0001 –BASE BID, GENERAL CONSTRUCTION: Installation of all work shown on the plans and described in the specifications and defined in Bid Documents. Includes the following: The scope of this project will rehabilitate cemetery road pavements, curbs, gutters and sidewalks at Wood National Cemetery, Wisconsin.

B. Administered by the United States Department of Veterans Affairs. Major scope items include construction of the following items as described in this Scope of Work (SOW) and included in construction documents:

a. CLIN 0001, GENERAL CONSTRUCTION: Installation of all work shown on the plans as BASE BID and in accordance with the specifications. See sheet GC101 for all sheets associated with this bid item.

b. CLIN 0002, GENERAL CONSTRUCTION: Installation of all work shown on the plans as BID OPTION 1 and in accordance with the specifications. See sheet GC101 for all sheets associated with this bid item.

c. CLIN 0003, Installation of all work shown on the plans as BID OPTION 2 and in accordance with the specifications. See sheet GC101 for all sheets associated with this bid item.

d. CLIN 0004, GENERAL CONSTRUCTION: Installation of all work shown on the plans as BID OPTION 3 and in accordance with the specifications. See sheet GC101 for all sheets associated with this bid item.

All services performed by the contractor must adhere to National Cemetery Administration standards.

Cost Range: Between $1,000,000 and $5,000,000 per FAR 36.204.

INSTRUCTIONS, CONDITIONS AND OTHER STATEMENTS TO BIDDERS/OFFERORS

2.1 52.216-1 TYPE OF CONTRACT (NOV 2025) (DEVIATION)

The Government contemplates award of a Firm-Fixed-Price contract resulting from this solicitation.

(End of Provision)

2.2 52.222-5 CONSTRUCTION WAGE RATE REQUIREMENTS—SECONDARY SITE OF THE WORK (NOV 2025) (DEVIATION) (a)(1) The offeror must notify the Government if the offeror intends to perform work at any secondary site of the work, as defined in paragraph (a)(1)(ii) of the FAR clause at 52.222-6, Construction Wage Rate Requirements, of this solicitation.

(2) If the offeror is unsure if a planned work site satisfies the criteria for a secondary site of the work, the offeror must request a determination from the Contracting Officer.

(b)(1) If the wage determination provided by the Government for work at the primary site of the work is not applicable to the secondary site of the work, the offeror must request a wage determination from the Contracting Officer.

(2) The due date for receipt of offers will not be extended as a result of an offeror's request for a wage determination for a secondary site of the work.

(End of Provision)

2.3 52.225-10 NOTICE OF BUY AMERICAN REQUIREMENT—CONSTRUCTION MATERIALS (MAY 2014)

(a) Definitions. "Commercially available off-the-shelf (COTS) item," "construction material," "domestic construction material," and "foreign construction material," as used in this provision, are defined in the clause of this solicitation entitled "Buy American—Construction Materials" (Federal Acquisition Regulation (FAR) clause 52.225-9).

(b) Requests for determinations of inapplicability. An offeror requesting a determination regarding the inapplicability of the Buy American statute should submit the request to the Contracting Officer in time to allow a determination before submission of offers. The offeror shall include the information and applicable supporting data required by paragraphs (c) and (d) of the clause at FAR 52.225-9 in the request. If an offeror has not requested a determination regarding the inapplicability of the Buy American statute before submitting its offer, or has not received a response to a previous request, the offeror shall include the information and supporting data in the offer.

(c) Evaluation of offers.

(1) The Government will evaluate an offer requesting exception to the requirements of the Buy American statute, based on claimed unreasonable cost of domestic construction material, by adding to the offered price the appropriate percentage of the cost of such foreign construction material, as specified in paragraph (b)(3)(i) of the clause at FAR 52.225-9.

(2) If evaluation results in a tie between an offeror that requested the substitution of foreign construction material based on unreasonable cost and an offeror that did not request an exception, the Contracting Officer will award to the offeror that did not request an exception based on unreasonable cost.

(d) Alternate offers.

(1) When an offer includes foreign solicitation in paragraph (b)(2) of the clause at FAR 52.225-9, the offeror also may submit an alternate offer based on use of equivalent domestic construction material.

(2) If an alternate offer is submitted, the offeror shall submit a separate Standard Form 1442 for the alternate offer, and a separate price comparison table prepared in accordance with paragraphs (c) and (d) of the clause at FAR 52.225-9 for the offer that is based on the use of any foreign construction material for which the Government has not yet determined an exception applies.

(3) If the Government determines that a particular exception requested in accordance with paragraph (c) of the clause at FAR 52.225-9 does not apply, the Government will evaluate only those offers based on use of the equivalent domestic construction material, and the offeror shall be required to furnish such domestic construction material. An offer based on use of the foreign construction material for which an exception was requested—

(i) Will be rejected as nonresponsive if this acquisition is conducted by sealed bidding; or

(ii) May be accepted if revised during negotiations.

(End of Provision)

2.4 52.233-2 SERVICE OF PROTEST (SEP 2006)

Protests, as defined in section 33.101 of the Federal Acquisition Regulation, that are filed directly with an agency, and copies of any protests that are filed with the Government Accountability Office (GAO), shall be served on the Contracting Officer (addressed as follows) by obtaining written and dated acknowledgment of receipt from:

Richard Adu Contracting Officer

Hand-Carried Address:

Contracting Office NCA Contracting Service Construction Services 18434 Joplin Road Triangle, VA 22172.

Mailing Address:

Contracting Office NCA Contracting Service Construction Services 18434 Joplin Road Triangle, VA 22172.

(b) The copy of any protest shall be received in the office designated above within one day of filing a protest with the GAO.

(End of Provision)

2.5 52.240-90 SECURITY PROHIBITIONS AND EXCLUSIONS REPRESENTATIONS AND CERTIFICATIONS (NOV 2025) (DEVIATION)

(a) Definitions. As used in this provision— Backhaul, covered article, covered telecommunications equipment or services, critical technology, FASCSA order, Intelligence community, interconnection arrangements, national security system, roaming, sensitive compartmented information, sensitive compartmented information system, source, and substantial or essential component have the meanings provided in the clause 52.240-91, Security Prohibitions and Exclusions.

Business operations means engaging in commerce in any form, including by acquiring, developing, maintaining, owning, selling, possessing, leasing, or operating equipment, facilities, personnel, products, services, personal property, real property, or any other apparatus of business or commerce.

Marginalized populations of Sudan means—

(1) Adversely affected groups in regions authorized to receive assistance under section 8(c) of the Darfur Peace and Accountability Act (Pub. L. 109-344) (50 U.S.C. 1701 note); and

(2) Marginalized areas in Northern Sudan described in section 4(9) of such Act.

Restricted business operations means business operations in Sudan that include power production activities, mineral extraction activities, oil-related activities, or the production of military equipment, as those terms are defined in the Sudan Accountability and Divestment Act of 2007 (Pub. L. 110-174).

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