36C78626Q50019 WIllamette National Cemetery Grounds Maintenance.pdf

Document Number: 36C78626Q50019 PROCESSED Page 1 of 76

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS

OFFEROR TO COMPLETE BLOCKS 12, 17, 23, 24 & 30

1. REQUISITION NUMBER

F360407-26-2000000

PAGE 1 OF

5. SOLICITATION NUMBER

36C78626Q50019

2. CONTRACT NO. 3. AWARD/EFFECTIVE DATE 4. ORDER NUMBER 6. SOLICITATION ISSUE

DATE

12/03/2025

7. FOR SOLICITATION

INFORMATION CALL:

a. NAME Brian Trahan

b. TELEPHONE NUMBER (No collect calls) 510-637-6287

8. OFFER DUE DATE / LOCAL

TIME

12/30/2025

16:00 PT

CODE 36C786

NATIONAL CEMETERY ADMIN (786)

NATIONAL CEMETERY ADMIN

DEPT OF VETERANS AFFAIRS-CENTRAL CO

5105 RUSSELL RD

QUANTICO, VA 22134

9. ISSUED BY UNRESTRICTED OR X SET ASIDE: 100.00 % FOR

SMALL BUSINESS

HUBZONE SMALL

BUSINESS

X SERVICE-DISABLED

VETERAN-OWNED

SMALL BUSINESS

WOMEN-OWNED SMALL BUSINESS (WOSB)

ELIGIBLE UNDER THE WOMEN-OWNED

SMALL BUSINESS PROGRAM

EDWOSB

8(A)

NAICS: 561730

SIZE STANDARD: $9.5 Million

10. THE ACQUISITION IS

SEE

SCHEDULE

X

11. DELIVERY FOR FOB DESTINATION

UNLESS BLOCK IS MARKED 0 Days: 0.00 %

0 Days: 0.00 % 0 Days: 0.00 % 0 Days: 0.00 %

12. DISCOUNT TERMS

13a. THIS CONTRACT IS

RATED ORDER UNDER DPAS

(15 CFR 700)

13b. RATING

X RFQ IFB RFP

14. METHOD OF SOLICITATION

CODE15. DELIVER TO CODE 36C78616. ADMINISTERED BY

NATIONAL CEMETERY ADMIN (786)

NATIONAL CEMETERY ADMIN

DEPT OF VETERANS AFFAIRS-CENTRAL CO

5105 RUSSELL RD

QUANTICO, VA 22134

FACILITY

CODE

CODE

Telephone No.

17a. CONTRACTOR/

OFFEROR

NCA-VACOCODE18a. PAYMENT WILL BE MADE BY

TUNGSTEN

http://www.tungsten-network.com/customer-campaigns/ veterans-affairs/

17b. CHECK IF REMITTANCE IS DIFFERENT AND PUT SUCH ADDRESS IN

OFFER SEE ADDENDUM

18b. SUBMIT INVOICES TO ADDRESS SHOWN IN BLOCK 18a UNLESS BLOCK BELOW IS

CHECKED

19. ITEM NO. 20. SCHEDULE OF SUPPLIES/SERVICES

(Use Reverse and/or Attach Additional Sheets as Necessary)

21. QUANTITY 22. UNIT 23. UNIT PRICE 24. AMOUNT

Grounds Maintenance Services to be performed at the Willamette National

Cemetery.

25. ACCOUNTING AND APPROPRIATION DATA 26. TOTAL AWARD AMOUNT (For Govt. Use Only)

X 27a. SOLICITATION INCORPORATES BY REFERENCE FAR 52.212-1, 52.212-4. FAR 52.212-3 AND 52.212-5 ARE ATTACHED. ADDENDA X ARE ARE NOT ATTACHED

27b. CONTRACT/PURCHASE ORDER INCORPORATES BY REFERENCE FAR 52.212-4. FAR 52.212-5 IS ATTACHED. ADDENDA ARE ARE NOT ATTACHED

X 28. CONTRACTOR IS REQUIRED TO SIGN THIS DOCUMENT AND RETURN

COPIES TO ISSUING OFFICE. CONTRACTOR AGREES TO FURNISH AND DELIVER ALL ITEMS

SET FORTH OR OTHERWISE IDENTIFIED ABOVE AND ON ANY ADDITIONAL SHEETS SUBJECT

TO THE TERMS AND CONDITIONS SPECIFIED.

29. AWARD OF CONTRACT: REF. _____________________________ OFFER

DATED _________________ . YOUR OFFER ON SOLICITATION (BLOCK 5)

INCLUDING ANY ADDITIONS OR CHANGES WHICH ARE SET FORTH HEREIN,

IS ACCEPTED AS TO ITEMS:

30a. SIGNATURE OF OFFEROR/CONTRACTOR 31a. UNITED STATES OF AMERICA (SIGNATURE OF CONTRACTING OFFICER)

30b. NAME AND TITLE OF SIGNER (TYPE OR PRINT) 30c. DATE SIGNED 31b. NAME OF THE CONTRACTING OFFICER (TYPE OR PRINT) Ralph Crum

31c. DATE SIGNED

AUTHORIZED FOR LOCAL REPRODUCTION

PREVIOUS EDITION IS NOT USABLE

STANDARD FORM 1449 (REV. 02/2012)

Prescribed by GSA - FAR (48 CFR) 53.212

Document Number: 36C78626Q50019 PROCESSED Page 2 of 76

19.

ITEM NO.

20.

SCHEDULE OF SUPPLIES/SERVICES

21.

QUANTITY

22.

UNIT

23.

UNIT PRICE

24.

AMOUNT

32a. QUANTITY IN COLUMN 21 HAS BEEN

RECEIVED INSPECTED ACCEPTED, AND CONFORMS TO THE CONTRACT, EXCEPT AS NOTED: _________________________________

32b. SIGNATURE OF AUTHORIZED GOVERNMENT

REPRESENTATIVE

32c. DATE 32d. PRINTED NAME AND TITLE OF AUTHORIZED GOVERNMENT

REPRESENTATIVE

32e. MAILING ADDRESS OF AUTHORIZED GOVERNMENT REPRESENTATIVE 32f. TELEPHONE NUMBER OF AUTHORIZED GOVERNMENT

REPRESENTATIVE

32g. E-MAIL OF AUTHORIZED GOVERNMENT REPRESENTATIVE

PARTIAL FINAL

33. SHIP NUMBER 34. VOUCHER NUMBER 35. AMOUNT VERIFIED

CORRECT FOR

COMPLETE PARTIAL FINAL

36. PAYMENT 37. CHECK NUMBER

38. S/R ACCOUNT NUMBER 39. S/R VOUCHER NUMBER 40. PAID BY

41a. I CERTIFY THIS ACCOUNT IS CORRECT AND PROPER FOR PAYMENT 42a. RECEIVED BY (Print)

41b. SIGNATURE AND TITLE OF CERTIFYING OFFICER 41c. DATE

42b. RECEIVED AT (Location)

42c. DATE REC'D (YY/MM/DD) 42d. TOTAL CONTAINERS

STANDARD FORM 1449 (REV. 02/2012) BACK

Document Number: 36C78626Q50019 PROCESSED Page 3 of 76

Table of Contents

Section Description Page Number

1 Continuation Sheet 2 Contract Clauses

52.252-2 Clauses Incorporated by Reference (Feb 1998) 52.209-6 Protecting the Government's Interest When Subcontracting with Contractors Debarred, Suspended, Proposed for Debarment, or Voluntarily Excluded (Jan 2025)

852.201-70 CONTRACTING OFFICER'S REPRESENTATIVE (DEC 2022)

852.203-70 COMMERCIAL ADVERTISING (MAY 2018)

852.242-71 ADMINISTRATIVE CONTRACTING OFFICER (OCT 2020)

52.203-16 Preventing Personal Conflicts of Interest (Jun 2020) 52.209-10 Prohibition on Contracting with Inverted Domestic Corporations (Nov 2015) 52.212-4 Contract Terms and Conditions-Commercial Products and Commercial Services (Nov 2023) 52.216-18 Ordering (Aug 2020) 52.216-19 Order Limitations (Oct 1995) 52.216-22 Indefinite Quantity (Oct 1995) 52.217-8 Option to Extend Services (Nov 1999) 52.217-9 Option to Extend the Term of the Contract (Mar 2000) 52.219-14 Limitations on Subcontracting (Oct 2022) 52.222-41 Service Contract Labor Standards (Aug 2018) 52.222-43 Fair Labor Standards Act and Service Contract Labor Standards-Price Adjustment (Multiple Year and Option Contracts) (Aug 2018) 52.222-50 Combating Trafficking in Persons (Oct 2025) 52.222-62 Paid Sick Leave Under Executive Order 13706 (Jan 2022) 52.228-5 Insurance-Work on a Government Installation (Jan 1997) 52.232-18 Availability of Funds (Apr 1984) 52.232-19 Availability of Funds for the Next Fiscal Year (Apr 1984) 52.232-40 Providing Accelerated Payments to Small Business Subcontractors (Mar 2023) 52.233-3 Protest after Award (Aug 1996) 52.233-4 Applicable Law for Breach of Contract Claim (Oct 2004) 52.244-6 Subcontracts for Commercial Products and Commercial Services (Oct 2025)

852.219-73 (DEV) VA NOTICE OF TOTAL SET-ASIDE FOR CERTIFIED SERVICE-DISABLED

VETERAN-OWNED SMALL BUSINESSES (NOV 2022) (DEVIATION JAN 2023)

3 Documents, Exhibits, or Attachments 3 WD Clackamas County 2015-5563 rev 26.docx 4 Solicitation Provisions

52.252-1 Solicitation Provisions Incorporated by Reference (Feb 1998) 52.212-1 Instructions to Offerors-Commercial Products and Commercial Services (Sep 2023) 52.217-5 Evaluation of Options (July 1990)

852.233-70 PROTEST CONTENT/ALTERNATIVE DISPUTE RESOLUTION (OCT 2018)

52.204-16 Commercial and Government Entity Code Reporting (Aug 2020) 52.212-2 Evaluation-Commercial Products and Commercial Services (Nov 2021)

Document Number: 36C78626Q50019 PROCESSED Page 4 of 76

Section 1 - Continuation Sheet

Number Supplies or Services Qty Unit Unit Price Total (Inc. disc., tax, and fees)

0001 See Description Below

PSC: S208

LANDSCAPING/

GROUNDSKEEPING

SERVICES

12.000000 MO

Description: Turf & Grasses (Includes the following: weed control, mowing, trimming, edging)

Period of Performance: 02/01/2026 - 01/31/2027

Reference Line: F360407-26-2000000 - 0001

Pricing Options: Base 0001

Number Supplies or Services Qty Unit Unit Price Total (Inc. disc., tax, and fees)

0002 See Description Below

PSC: S208

LANDSCAPING/

GROUNDSKEEPING

SERVICES

12.000000 MO

Description: Tree, Shrubs, and Plant Beds (Includes the following: Vegetation control, weed control, Mulch, plant bed edging)

Period of Performance: 02/01/2026 - 01/31/2027

Reference Line: F360407-26-2000000 - 0002

Pricing Options: Base 0002

Number Supplies or Services Qty Unit Unit Price Total (Inc. disc., tax, and fees)

0003 See Description Below

PSC: S208

LANDSCAPING/

GROUNDSKEEPING

SERVICES

5.000000 MO

Description: Leaf Removal

Period of Performance: 02/01/2026 - 01/31/2027

Reference Line: F360407-26-2000000 - 0003

Pricing Options: Base 0003

Document Number: 36C78626Q50019 PROCESSED Page 5 of 76

Number Supplies or Services Qty Unit Unit Price Total (Inc. disc., tax, and fees)

0004 See Description Below

PSC: S208

LANDSCAPING/

GROUNDSKEEPING

SERVICES

240.000000 BG

Description: Grass Seed

Period of Performance: 02/01/2026 - 01/31/2027

Reference Line: F360407-26-2000000 - 0004

Pricing Options: Base 0004

Number Supplies or Services Qty Unit Unit Price Total (Inc. disc., tax, and fees)

0005 See Description Below

PSC: S208

LANDSCAPING/

GROUNDSKEEPING

SERVICES

2,500.000000 BG

Description: Pelletized Limestone

Period of Performance: 02/01/2026 - 01/31/2027

Reference Line: F360407-26-2000000 - 0005

Pricing Options: Base 0005

Number Supplies or Services Qty Unit Unit Price Total (Inc. disc., tax, and fees)

0006 See Description Below

PSC: S208

LANDSCAPING/

GROUNDSKEEPING

SERVICES

2,500.000000 BG

Description: Pelletized Gypsum

Period of Performance: 02/01/2026 - 01/31/2027

Reference Line: F360407-26-2000000 - 0006

Pricing Options: Base 0006

Number Supplies or Services Qty Unit Unit Price Total (Inc. disc., tax, and fees)

0007 See Description Below

PSC: S208

1,680.000000 BG

Document Number: 36C78626Q50019 PROCESSED Page 6 of 76

LANDSCAPING/

GROUNDSKEEPING

SERVICES

Description: Fertilizer 24-3-16

Period of Performance: 02/01/2026 - 01/31/2027

Reference Line: F360407-26-2000000 - 0007

Pricing Options: Base 0007

Number Supplies or Services Qty Unit Unit Price Total (Inc. disc., tax, and fees)

0008 See Description Below

PSC: S208

LANDSCAPING/

GROUNDSKEEPING

SERVICES

560.000000 BG

Description: Fertilizer 24-0-14

Period of Performance: 02/01/2026 - 01/31/2027

Reference Line: F360407-26-2000000 - 0008

Pricing Options: Base 0008

Number Supplies or Services Qty Unit Unit Price Total (Inc. disc., tax, and fees)

0009 See Description Below

PSC: S208

LANDSCAPING/

GROUNDSKEEPING

SERVICES

80.000000 BG

Description: Fertilizer 16-16-16

Period of Performance: 02/01/2026 - 01/31/2027

Reference Line: F360407-26-2000000 - 0009

Pricing Options: Base 0009

Number Supplies or Services Qty Unit Unit Price Total (Inc. disc., tax, and fees)

10001 See Description Below

12.000000 MO

Document Number: 36C78626Q50019 PROCESSED Page 7 of 76

LANDSCAPING/

GROUNDSKEEPING

SERVICES

Description: Turf & Grasses (Includes the following: weed control, mowing, trimming, edging)

Period of Performance: 02/01/2027 - 01/31/2028

Reference Line: F360407-26-2000000 - 10001

Pricing Options: 0001

Number Supplies or Services Qty Unit Unit Price Total (Inc. disc., tax, and fees)

10002 See Description Below

PSC: S208

LANDSCAPING/

GROUNDSKEEPING

SERVICES

12.000000 MO

Description: Tree, Shrubs, and Plant Beds (Includes the following: Vegetation control, weed control, Mulch, plant bed edging)

Period of Performance: 02/01/2027 - 01/31/2028

Reference Line: F360407-26-2000000 - 10002

Pricing Options: 0002

Number Supplies or Services Qty Unit Unit Price Total (Inc. disc., tax, and fees)

10003 See Description Below

PSC: S208

LANDSCAPING/

GROUNDSKEEPING

SERVICES

5.000000 MO

Description: Leaf Removal

Period of Performance: 02/01/2027 - 01/31/2028

Reference Line: F360407-26-2000000 - 10003

Pricing Options: 0003

Number Supplies or Services Qty Unit Unit Price Total (Inc. disc., tax, and fees)

10004 See Description Below

240.000000 BG

Document Number: 36C78626Q50019 PROCESSED Page 8 of 76

LANDSCAPING/

GROUNDSKEEPING

SERVICES

Description: Grass Seed

Period of Performance: 02/01/2027 - 01/31/2028

Reference Line: F360407-26-2000000 - 10004

Pricing Options: 0004

Number Supplies or Services Qty Unit Unit Price Total (Inc. disc., tax, and fees)

10005 See Description Below

PSC: S208

LANDSCAPING/

GROUNDSKEEPING

SERVICES

2,500.000000 BG

Description: Pelletized Limestone

Period of Performance: 02/01/2027 - 01/31/2028

Reference Line: F360407-26-2000000 - 10005

Pricing Options: 0005

Number Supplies or Services Qty Unit Unit Price Total (Inc. disc., tax, and fees)

10006 See Description Below

PSC: S208

LANDSCAPING/

GROUNDSKEEPING

SERVICES

2,500.000000 BG

Description: Pelletized Gypsum

Period of Performance: 02/01/2027 - 01/31/2028

Reference Line: F360407-26-2000000 - 10006

Pricing Options: 0006

Number Supplies or Services Qty Unit Unit Price Total (Inc. disc., tax, and fees)

10007 See Description Below

Document Number: 36C78626Q50019 PROCESSED Page 9 of 76

LANDSCAPING/

GROUNDSKEEPING

SERVICES

Description: Fertilizer 24-3-16

Period of Performance: 02/01/2027 - 01/31/2028

Reference Line: F360407-26-2000000 - 10007

Pricing Options: 0007

Number Supplies or Services Qty Unit Unit Price Total (Inc. disc., tax, and fees)

10008 See Description Below

PSC: S208

LANDSCAPING/

GROUNDSKEEPING

SERVICES

560.000000 BG

Description: Fertilizer 24-0-14

Period of Performance: 02/01/2027 - 01/31/2028

Reference Line: F360407-26-2000000 - 10008

Pricing Options: 0008

Number Supplies or Services Qty Unit Unit Price Total (Inc. disc., tax, and fees)

10009 See Description Below

PSC: S208

LANDSCAPING/

GROUNDSKEEPING

SERVICES

80.000000 BG

Description: Fertilizer 16-16-16

Period of Performance: 02/01/2027 - 01/31/2028

Reference Line: F360407-26-2000000 - 10009

Pricing Options: 0009

Number Supplies or Services Qty Unit Unit Price Total (Inc. disc., tax, and fees)

20001 See Description Below

Document Number: 36C78626Q50019 PROCESSED Page 10 of 76

LANDSCAPING/

GROUNDSKEEPING

SERVICES

Description: Turf & Grasses (Includes the following: weed control, mowing, trimming, edging)

Period of Performance: 02/01/2028 - 01/31/2029

Reference Line: F360407-26-2000000 - 20001

Pricing Options: 0001

Number Supplies or Services Qty Unit Unit Price Total (Inc. disc., tax, and fees)

20002 See Description Below

PSC: S208

LANDSCAPING/

GROUNDSKEEPING

SERVICES

12.000000 MO

Description: Tree, Shrubs, and Plant Beds (Includes the following: Vegetation control, weed control, Mulch, plant bed edging)

Period of Performance: 02/01/2028 - 01/31/2029

Reference Line: F360407-26-2000000 - 20002

Pricing Options: 0002

Number Supplies or Services Qty Unit Unit Price Total (Inc. disc., tax, and fees)

20003 See Description Below

PSC: S208

LANDSCAPING/

GROUNDSKEEPING

SERVICES

5.000000 MO

Description: Leaf Removal

Period of Performance: 02/01/2028 - 01/31/2029

Reference Line: F360407-26-2000000 - 20003

Pricing Options: 0003

Number Supplies or Services Qty Unit Unit Price Total (Inc. disc., tax, and fees)

20004 See Description Below

Document Number: 36C78626Q50019 PROCESSED Page 11 of 76

LANDSCAPING/

GROUNDSKEEPING

SERVICES

Description: Grass Seed

Period of Performance: 02/01/2028 - 01/31/2029

Reference Line: F360407-26-2000000 - 20004

Pricing Options: 0004

Number Supplies or Services Qty Unit Unit Price Total (Inc. disc., tax, and fees)

20005 See Description Below

PSC: S208

LANDSCAPING/

GROUNDSKEEPING

SERVICES

2,500.000000 BG

Description: Pelletized Limestone

Period of Performance: 02/01/2028 - 01/31/2029

Reference Line: F360407-26-2000000 - 20005

Pricing Options: 0005

Number Supplies or Services Qty Unit Unit Price Total (Inc. disc., tax, and fees)

20006 See Description Below

PSC: S208

LANDSCAPING/

GROUNDSKEEPING

SERVICES

2,500.000000 BG

Description: Pelletized Gypsum

Period of Performance: 02/01/2028 - 01/31/2029

Reference Line: F360407-26-2000000 - 20006

Pricing Options: 0006

Number Supplies or Services Qty Unit Unit Price Total (Inc. disc., tax, and fees)

20007 See Description Below

Document Number: 36C78626Q50019 PROCESSED Page 12 of 76

LANDSCAPING/

GROUNDSKEEPING

SERVICES

Description: Fertilizer 24-3-16

Period of Performance: 02/01/2028 - 01/31/2029

Reference Line: F360407-26-2000000 - 20007

Pricing Options: 0007

Number Supplies or Services Qty Unit Unit Price Total (Inc. disc., tax, and fees)

20008 See Description Below

PSC: S208

LANDSCAPING/

GROUNDSKEEPING

SERVICES

560.000000 BG

Description: Fertilizer 24-0-14

Period of Performance: 02/01/2028 - 01/31/2029

Reference Line: F360407-26-2000000 - 20008

Pricing Options: 0008

Number Supplies or Services Qty Unit Unit Price Total (Inc. disc., tax, and fees)

20009 See Description Below

PSC: S208

LANDSCAPING/

GROUNDSKEEPING

SERVICES

80.000000 BG

Description: Fertilizer 16-16-16

Period of Performance: 02/01/2028 - 01/31/2029

Reference Line: F360407-26-2000000 - 20009

Pricing Options: 0009

Number Supplies or Services Qty Unit Unit Price Total (Inc. disc., tax, and fees)

30001 See Description Below

Document Number: 36C78626Q50019 PROCESSED Page 13 of 76

LANDSCAPING/

GROUNDSKEEPING

SERVICES

Description: Turf & Grasses (Includes the following: weed control, mowing, trimming, edging)

Period of Performance: 02/01/2029 - 01/31/2030

Reference Line: F360407-26-2000000 - 30001

Pricing Options: 0001

Number Supplies or Services Qty Unit Unit Price Total (Inc. disc., tax, and fees)

30002 See Description Below

PSC: S208

LANDSCAPING/

GROUNDSKEEPING

SERVICES

12.000000 MO

Description: Tree, Shrubs, and Plant Beds (Includes the following: Vegetation control, weed control, Mulch, plant bed edging)

Period of Performance: 02/01/2029 - 01/31/2030

Reference Line: F360407-26-2000000 - 30002

Pricing Options: 0002

Number Supplies or Services Qty Unit Unit Price Total (Inc. disc., tax, and fees)

30003 See Description Below

PSC: S208

LANDSCAPING/

GROUNDSKEEPING

SERVICES

5.000000 MO

Description: Leaf Removal

Period of Performance: 02/01/2029 - 01/31/2030

Reference Line: F360407-26-2000000 - 30003

Pricing Options: 0003

Number Supplies or Services Qty Unit Unit Price Total (Inc. disc., tax, and fees)

30004 See Description Below

Document Number: 36C78626Q50019 PROCESSED Page 14 of 76

LANDSCAPING/

GROUNDSKEEPING

SERVICES

Description: Grass Seed

Period of Performance: 02/01/2029 - 01/31/2030

Reference Line: F360407-26-2000000 - 30004

Pricing Options: 0004

Number Supplies or Services Qty Unit Unit Price Total (Inc. disc., tax, and fees)

30005 See Description Below

PSC: S208

LANDSCAPING/

GROUNDSKEEPING

SERVICES

2,500.000000 BG

Description: Pelletized Limestone

Period of Performance: 02/01/2029 - 01/31/2030

Reference Line: F360407-26-2000000 - 30005

Pricing Options: 0005

Number Supplies or Services Qty Unit Unit Price Total (Inc. disc., tax, and fees)

30006 See Description Below

PSC: S208

LANDSCAPING/

GROUNDSKEEPING

SERVICES

2,500.000000 BG

Description: Pelletized Gypsum

Period of Performance: 02/01/2029 - 01/31/2030

Reference Line: F360407-26-2000000 - 30006

Pricing Options: 0006

Number Supplies or Services Qty Unit Unit Price Total (Inc. disc., tax, and fees)

30007 See Description Below

Document Number: 36C78626Q50019 PROCESSED Page 15 of 76

LANDSCAPING/

GROUNDSKEEPING

SERVICES

Description: Fertilizer 24-3-16

Period of Performance: 02/01/2029 - 01/31/2030

Reference Line: F360407-26-2000000 - 30007

Pricing Options: 0007

Number Supplies or Services Qty Unit Unit Price Total (Inc. disc., tax, and fees)

30008 See Description Below

PSC: S208

LANDSCAPING/

GROUNDSKEEPING

SERVICES

560.000000 BG

Description: Fertilizer 24-0-14

Period of Performance: 02/01/2029 - 01/31/2030

Reference Line: F360407-26-2000000 - 30008

Pricing Options: 0008

Number Supplies or Services Qty Unit Unit Price Total (Inc. disc., tax, and fees)

30009 See Description Below

PSC: S208

LANDSCAPING/

GROUNDSKEEPING

SERVICES

80.000000 BG

Description: Fertilizer 16-16-16

Period of Performance: 02/01/2029 - 01/31/2030

Reference Line: F360407-26-2000000 - 30009

Pricing Options: 0009

Section 2 - Contract Clauses

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):

www.acquisition.gov/browse/index/far (FAR)

Document Number: 36C78626Q50019 PROCESSED Page 16 of 76 www.va.gov/oal/library/vaar/index.asp (VAAR) [Insert one or more Internet addresses]

(End of clause) Clause Title Fill-ins

52.209-6 Protecting the Government's Interest When Subcontracting with Contractors

Debarred, Suspended, Proposed for Debarment, or Voluntarily Excluded (Jan

2025)

852.201-70 CONTRACTING OFFICER'S REPRESENTATIVE (DEC 2022)

852.203-70 COMMERCIAL ADVERTISING (MAY 2018)

852.242-71 ADMINISTRATIVE CONTRACTING OFFICER (OCT 2020)

52.203-16 Preventing Personal Conflicts of Interest (Jun 2020)

(a) Definitions. As used in this clause--

"Acquisition function closely associated with inherently governmental functions" means supporting or providing advice or recommendations with regard to the following activities of a Federal agency:

(1) Planning acquisitions.

(2) Determining what supplies or services are to be acquired by the Government, including developing statements of work.

(3) Developing or approving any contractual documents, to include documents defining requirements, incentive plans, and evaluation criteria.

(4) Evaluating contract proposals.

(5) Awarding Government contracts.

(6) Administering contracts (including ordering changes or giving technical direction in contract performance or contract quantities, evaluating contractor performance, and accepting or rejecting contractor products or services).

(7) Terminating contracts.

(8) Determining whether contract costs are reasonable, allocable, and allowable.

"Covered employee" means an individual who performs an acquisition function closely associated with inherently governmental functions and is--

(1) An employee of the contractor; or

(2) A subcontractor that is a self-employed individual treated as a covered employee of the contractor because there is no employer to whom such an individual could submit the required disclosures.

"Non-public information" means any Government or third-party information that--

(1) Is exempt from disclosure under the Freedom of Information Act (5 U.S. C.552) or otherwise protected from disclosure by statute, Executive order, or regulation; or

(2) Has not been disseminated to the general public and the Government has not yet determined whether the information can or will be made available to the public.

Document Number: 36C78626Q50019 PROCESSED Page 17 of 76

"Personal conflict of interest" means a situation in which a covered employee has a financial interest, personal activity, or relationship that could impair the employee's ability to act impartially and in the best interest of the Government when performing under the contract. (A de minimis interest that would not "impair the employee's ability to act impartially and in the best interest of the Government" is not covered under this definition.)

(1) Among the sources of personal conflicts of interest are--

(i) Financial interests of the covered employee, of close family members, or of other members of the covered employee's household;

(ii) Other employment or financial relationships (including seeking or negotiating for prospective employment or business); and

(iii) Gifts, including travel.

(2) For example, financial interests referred to in paragraph (1) of this definition may arise from--

(i) Compensation, including wages, salaries, commissions, professional fees, or fees for business referrals;

(ii) Consulting relationships (including commercial and professional consulting and service arrangements, scientific and technical advisory board memberships, or serving as an expert witness in litigation);

(iii) Services provided in exchange for honorariums or travel expense reimbursements;

(iv) Research funding or other forms of research support;

(v) Investment in the form of stock or bond ownership or partnership interest (excluding diversified mutual fund investments);

(vi) Real estate investments;

(vii) Patents, copyrights, and other intellectual property interests; or

(viii) Business ownership and investment interests.

(b) Requirements. The Contractor shall--

(1) Have procedures in place to screen covered employees for potential personal conflicts of interest, by--

(i) Obtaining and maintaining from each covered employee, when the employee is initially assigned to the task under the contract, a disclosure of interests that might be affected by the task to which the employee has been assigned, as follows:

(A) Financial interests of the covered employee, of close family members, or of other members of the covered employee's household.

(B) Other employment or financial relationships of the covered employee (including seeking or negotiating for prospective employment or business).

(C) Gifts, including travel; and

(ii) Requiring each covered employee to update the disclosure statement whenever the employee's personal or financial circumstances change in such a way that a new personal conflict of interest might occur because of the task the covered employee is performing.

(2) For each covered employee--

(i) Prevent personal conflicts of interest, including not assigning or allowing a covered employee to perform any task under the contract for which the Contractor has identified a personal conflict of interest for the employee that the Contractor or employee cannot satisfactorily prevent or mitigate in consultation with the contracting agency;

(ii) Prohibit use of non-public information accessed through performance of a Government contract for personal gain; and

(iii) Obtain a signed non-disclosure agreement to prohibit disclosure of non-public information accessed through performance of a Government contract.

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(3) Inform covered employees of their obligation--

(i) To disclose and prevent personal conflicts of interest;

(ii) Not to use non-public information accessed through performance of a Government contract for personal gain; and

(iii) To avoid even the appearance of personal conflicts of interest;

(4) Maintain effective oversight to verify compliance with personal conflict-of-interest safeguards;

(5) Take appropriate disciplinary action in the case of covered employees who fail to comply with policies established pursuant to this clause; and

(6) Report to the Contracting Officer any personal conflict-of-interest violation by a covered employee as soon as it is identified. This report shall include a description of the violation and the proposed actions to be taken by the Contractor in response to the violation.

Provide follow-up reports of corrective actions taken, as necessary. Personal conflict-of-interest violations include--

(i) Failure by a covered employee to disclose a personal conflict of interest;

(ii) Use by a covered employee of non-public information accessed through performance of a Government contract for personal gain;

and

(iii) Failure of a covered employee to comply with the terms of a non-disclosure agreement.

(c) Mitigation or waiver. (1) In exceptional circumstances, if the Contractor cannot satisfactorily prevent a personal conflict of interest as required by paragraph (b)(2)(i) of this clause, the Contractor may submit a request through the Contracting Officer to the Head of the Contracting Activity for--

(i) Agreement to a plan to mitigate the personal conflict of interest; or

(ii) A waiver of the requirement.

(2) The Contractor shall include in the request any proposed mitigation of the personal conflict of interest.

(3) The Contractor shall--

(i) Comply, and require compliance by the covered employee, with any conditions imposed by the Government as necessary to mitigate the personal conflict of interest; or

(ii) Remove the Contractor employee or subcontractor employee from performance of the contract or terminate the applicable subcontract.

(d) Subcontracts. The Contractor shall include the substance of this clause, including this paragraph (d), in subcontracts--

(1) That exceed the simplified acquisition threshold, as defined in Federal Acquisition Regulation 2.101 on the date of subcontract award; and

(2) In which subcontractor employees will perform acquisition functions closely associated with inherently governmental functions (i.e., instead of performance only by a self-employed individual).

(End of clause)

52.209-10 Prohibition on Contracting with Inverted Domestic Corporations (Nov 2015)

(a) Definitions. As used in this clause--

"Inverted domestic corporation" means a foreign incorporated entity that meets the definition of an inverted domestic corporation under 6 U.S.C. 395(b), applied in accordance with the rules and definitions of 6 U.S.C. 395(c).

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"Subsidiary" means an entity in which more than 50 percent of the entity is owned--

(1) Directly by a parent corporation; or

(2) Through another subsidiary of a parent corporation.

(b) If the contractor reorganizes as an inverted domestic corporation or becomes a subsidiary of an inverted domestic corporation at any time during the period of performance of this contract, the Government may be prohibited from paying for Contractor activities performed after the date when it becomes an inverted domestic corporation or subsidiary. The Government may seek any available remedies in the event the Contractor fails to perform in accordance with the terms and conditions of the contract as a result of Government action under this clause.

(c) Exceptions to this prohibition are located at 9.108-2.

(d) In the event the Contractor becomes either an inverted domestic corporation, or a subsidiary of an inverted domestic corporation during contract performance, the Contractor shall give written notice to the Contracting Officer within five business days from the date of the inversion event.

(End of clause)

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

(a) Inspection/Acceptance. The Contractor shall only tender for acceptance those items that conform to the requirements of this contract. The Government reserves the right to inspect or test any supplies or services that have been tendered for acceptance. The Government may require repair or replacement of nonconforming supplies or reperformance of nonconforming services at no increase in contract price. If repair/replacement or reperformance will not correct the defects or is not possible, the Government may seek an equitable price reduction or adequate consideration for acceptance of nonconforming supplies or services. The Government must exercise its post-acceptance rights--

(1) Within a reasonable time after the defect was discovered or should have been discovered; and

(2) Before any substantial change occurs in the condition of the item, unless the change is due to the defect in the item.

(b) Assignment. The Contractor or its assignee may assign its rights to receive payment due as a result of performance of this contract to a bank, trust company, or other financing institution, including any Federal lending agency in accordance with the Assignment of Claims Act (31 U.S.C. 3727). However, when a third party makes payment (e.g., use of the Governmentwide commercial purchase card), the Contractor may not assign its rights to receive payment under this contract.

(c) Changes. Changes in the terms and conditions of this contract may be made only by written agreement of the parties.

(d) Disputes. This contract is subject to 41 U.S.C. chapter 71, Contract Disputes. Failure of the parties to this contract to reach agreement on any request for equitable adjustment, claim, appeal or action arising under or relating to this contract shall be a dispute to be resolved in accordance with the clause at Federal Acquisition Regulation (FAR) 52.233-1, Disputes, which is incorporated herein by reference. The Contractor shall proceed diligently with performance of this contract, pending final resolution of any dispute arising under the contract.

(e) Definitions. The clause at FAR 52.202-1, Definitions, is incorporated herein by reference.

(f) Excusable delays. The Contractor shall be liable for default unless nonperformance is caused by an occurrence beyond the reasonable control of the Contractor and without its fault or negligence such as, acts of God or the public enemy, acts of the Government in either its sovereign or contractual capacity, fires, floods, epidemics, quarantine restrictions, strikes, unusually severe weather, and delays of common carriers. The Contractor shall notify the Contracting Officer in writing as soon as it is reasonably possible after the commencement of any excusable delay, setting forth the full particulars in connection therewith, shall remedy such occurrence with all reasonable dispatch, and shall promptly give written notice to the Contracting Officer of the cessation of such occurrence.

(g) Invoice.

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(1) The Contractor shall submit an original invoice and three copies (or electronic invoice, if authorized) to the address designated in the contract to receive invoices. An invoice must include--

(i) Name and address of the Contractor;

(ii) Invoice date and number;

(iii) Contract number, line item number and, if applicable, the order number;

(iv) Description, quantity, unit of measure, unit price and extended price of the items delivered;

(v) Shipping number and date of shipment, including the bill of lading number and weight of shipment if shipped on Government bill of lading;

(vi) Terms of any discount for prompt payment offered;

(vii) Name and address of official to whom payment is to be sent;

(viii) Name, title, and phone number of person to notify in event of defective invoice; and

(ix) Taxpayer Identification Number (TIN). The Contractor shall include its TIN on the invoice only if required elsewhere in this contract.

(x) Electronic funds transfer (EFT) banking information.

(A) The Contractor shall include EFT banking information on the invoice only if required elsewhere in this contract.

(B) If EFT banking information is not required to be on the invoice, in order for the invoice to be a proper invoice, the Contractor shall have submitted correct EFT banking information in accordance with the applicable solicitation provision, contract clause (e.g., 52.232-33, Payment by Electronic Funds Transfer--System for Award Management, or 52.232-34, Payment by Electronic Funds Transfer--Other Than System for Award Management), or applicable agency procedures.

(C) EFT banking information is not required if the Government waived the requirement to pay by EFT.

(2) Invoices will be handled in accordance with the Prompt Payment Act (31 U.S.C. 3903) and Office of Management and Budget (OMB) prompt payment regulations at 5 CFR Part 1315.

(h) Patent indemnity. The Contractor shall indemnify the Government and its officers, employees and agents against liability, including costs, for actual or alleged direct or contributory infringement of, or inducement to infringe, any United States or foreign patent, trademark or copyright, arising out of the performance of this contract, provided the Contractor is reasonably notified of such claims and proceedings.

(i) Payment.--

(1) Items accepted. Payment shall be made for items accepted by the Government that have been delivered to the delivery destinations set forth in this contract.

(2) Prompt payment. The Government will make payment in accordance with the Prompt Payment Act (31 U.S.C. 3903) and prompt payment regulations at 5 CFR Part 1315.

(3) Electronic Funds Transfer (EFT). If the Government makes payment by EFT, see 52.212-5(b) for the appropriate EFT clause.

(4) Discount. In connection with any discount offered for early payment, time shall be computed from the date of the invoice. For the purpose of computing the discount earned, payment shall be considered to have been made on the date which appears on the payment check or the specified payment date if an electronic funds transfer payment is made.

(5) Overpayments. If the Contractor becomes aware of a duplicate contract financing or invoice payment or that the Government has otherwise overpaid on a contract financing or invoice payment, the Contractor shall--

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(i) Remit the overpayment amount to the payment office cited in the contract along with a description of the overpayment including the--

(A) Circumstances of the overpayment (e.g., duplicate payment, erroneous payment, liquidation errors, date(s) of overpayment);

(B) Affected contract number and delivery order number, if applicable;

(C) Affected line item or subline item, if applicable; and

(D) Contractor point of contact.

(ii) Provide a copy of the remittance and supporting documentation to the Contracting Officer.

(6) Interest.

(i) All amounts that become payable by the Contractor to the Government under this contract shall bear simple interest from the date due until paid unless paid within 30 days of becoming due. The interest rate shall be the interest rate established by the Secretary of the Treasury as provided in 41 U.S.C. 7109 , which is applicable to the period in which the amount becomes due, as provided in (i)(6)

(v) of this clause, and then at the rate applicable for each six-month period as fixed by the Secretary until the amount is paid.

(ii) The Government may issue a demand for payment to the Contractor upon finding a debt is due under the contract.

(iii) Final decisions. The Contracting Officer will issue a final decision as required by 33.211 if--

(A) The Contracting Officer and the Contractor are unable to reach agreement on the existence or amount of a debt within 30 days;

(B) The Contractor fails to liquidate a debt previously demanded by the Contracting Officer within the timeline specified in the demand for payment unless the amounts were not repaid because the Contractor has requested an installment payment agreement; or

(C) The Contractor requests a deferment of collection on a debt previously demanded by the Contracting Officer (see 32.607-2).

(iv) If a demand for payment was previously issued for the debt, the demand for payment included in the final decision shall identify the same due date as the original demand for payment.

(v) Amounts shall be due at the earliest of the following dates:

(A) The date fixed under this contract.

(B) The date of the first written demand for payment, including any demand for payment resulting from a default termination.

(vi) The interest charge shall be computed for the actual number of calendar days involved beginning on the due date and ending on--

(A) The date on which the designated office receives payment from the Contractor;

(B) The date of issuance of a Government check to the Contractor from which an amount otherwise payable has been withheld as a credit against the contract debt; or

(C) The date on which an amount withheld and applied to the contract debt would otherwise have become payable to the Contractor.

(vii) The interest charge made under this clause may be reduced under the procedures prescribed in FAR 32.608-2 in effect on the date of this contract.

(j) Risk of loss. Unless the contract specifically provides otherwise, risk of loss or damage to the supplies provided under this contract shall remain with the Contractor until, and shall pass to the Government upon:

(1) Delivery of the supplies to a carrier, if transportation is f.o.b. origin; or

(2) Delivery of the supplies to the Government at the destination specified in the contract, if transportation is f.o.b. destination.

(k) Taxes. The contract price includes all applicable Federal, State, and local taxes and duties.

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(l) Termination for the Government's convenience. The Government reserves the right to terminate this contract, or any part hereof, for its sole convenience. In the event of such termination, the Contractor shall immediately stop all work hereunder and shall immediately cause any and all of its suppliers and subcontractors to cease work. Subject to the terms of this contract, the Contractor shall be paid a percentage of the contract price reflecting the percentage of the work performed prior to the notice of termination, plus reasonable charges the Contractor can demonstrate to the satisfaction of the Government using its standard record keeping system, have resulted from the termination. The Contractor shall not be required to comply with the cost accounting standards or contract cost principles for this purpose. This paragraph does not give the Government any right to audit the Contractor's records. The Contractor shall not be paid for any work performed or costs incurred which reasonably could have been avoided.

(m) Termination for cause. The Government may terminate this contract, or any part hereof, for cause in the event of any default by the Contractor, or if the Contractor fails to comply with any contract terms and conditions, or fails to provide the Government, upon request, with adequate assurances of future performance. In the event of termination for cause, the Government shall not be liable to the Contractor for any amount for supplies or services not accepted, and the Contractor shall be liable to the Government for any and all rights and remedies provided by law. If it is determined that the Government improperly terminated this contract for default, such termination shall be deemed a termination for convenience.

(n) Title. Unless specified elsewhere in this contract, title to items furnished under this contract shall pass to the Government upon acceptance, regardless of when or where the Government takes physical possession.

(o) Warranty. The Contractor warrants and implies that the items delivered hereunder are merchantable and fit for use for the particular purpose described in this contract.

(p) Limitation of liability. Except as otherwise provided by an express warranty, the Contractor will not be liable to the Government for consequential damages resulting from any defect or deficiencies in accepted items.

(q) Other compliances. The Contractor shall comply with all applicable Federal, State and local laws, executive orders, rules and regulations applicable to its performance under this contract.

(r) Compliance with laws unique to Government contracts. The Contractor agrees to comply with 31 U.S.C. 1352 relating to limitations on the use of appropriated funds to influence certain Federal contracts; 18 U.S.C. 431 relating to officials not to benefit; 40 U.S.C. chapter 37, Contract Work Hours and Safety Standards; 41 U.S.C. chapter 87, Kickbacks; 49 U.S.C. 40118, Fly American; and 41 U.S.C. chapter 21 relating to procurement integrity.

(s) Order of precedence. Any inconsistencies in this solicitation or contract shall be resolved by giving precedence in the following order:

(1) The schedule of supplies/services.

(2) The Assignments, Disputes, Payments, Invoice, Other Compliances, Compliance with Laws Unique to Government Contracts, and Unauthorized Obligations paragraphs of this clause;

(3) The clause at 52.212-5.

(4) Addenda to this solicitation or contract, including any license agreements for computer software.

(5) Solicitation provisions if this is a solicitation.

(6) Other paragraphs of this clause.

(7) The Standard Form 1449.

(8) Other documents, exhibits, and attachments.

(9) The specification.

(t) [Reserved]

(u) Unauthorized Obligations

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(1) Except as stated in paragraph (u)(2) of this clause, when any supply or service acquired under this contract is subject to any End User License Agreement (EULA), Terms of Service (TOS), or similar legal instrument or agreement, that includes any clause requiring the Government to indemnify the Contractor or any person or entity for damages, costs, fees, or any other loss or liability that would create an Anti-Deficiency Act violation (31 U.S.C. 1341), the following shall govern:

(i) Any such clause is unenforceable against the Government.

(ii) Neither the Government nor any Government authorized end user shall be deemed to have agreed to such clause by virtue of it appearing in the EULA, TOS, or similar legal instrument or agreement. If the EULA, TOS, or similar legal instrument or agreement is invoked through an "I agree" click box or other comparable mechanism (e.g., "click-wrap" or "browse-wrap" agreements), execution does not bind the Government or any Government authorized end user to such clause.

(iii) Any such clause is deemed to be stricken from the EULA, TOS, or similar legal instrument or agreement.

(2) Paragraph (u)(1) of this clause does not apply to indemnification by the Government that is expressly authorized by statute and specifically authorized under applicable agency regulations and procedures.

(v) Incorporation by reference. The Contractor's representations and certifications, including those completed electronically via the System for Award Management (SAM), are incorporated by reference into the contract.

(End of clause)

52.216-18 Ordering (Aug 2020)

(a) Any supplies and services to be furnished under this contract shall be ordered by issuance of delivery orders or task orders by the individuals or activities designated in the Schedule. Such orders may be issued from 02/01/2026 through 01/31/2030 [insert dates].

(b) All delivery orders or task orders are subject to the terms and conditions of this contract. In the event of conflict between a delivery order or task order and this contract, the contract shall control.

(c) A delivery order or task order is considered "issued" when--

(1) If sent by mail (includes transmittal by U.S. mail or private delivery service), the Government deposits the order in the mail;

(2) If sent by fax, the Government transmits the order to the Contractor's fax number; or

(3) If sent electronically, the Government either--

(i) Posts a copy of the delivery order or task order to a Government document access system, and notice is sent to the Contractor; or

(ii) Distributes the delivery order or task order via email to the Contractor's email address.

(d) Orders may be issued by methods other than those enumerated in this clause only if authorized in the contract.

(End of clause)

52.216-19 Order Limitations (Oct 1995)

(a) Minimum order. When the Government requires supplies or services covered by this contract in an amount of less than 5,000.00 [insert dollar figure or quantity], the Government is not obligated to purchase, nor is the Contractor obligated to furnish, those supplies or services under the contract.

(b) Maximum order. The Contractor is not obligated to honor--

(1) Any order for a single item in excess of 1,000,000.00 [insert dollar figure or quantity];

(2) Any order for a combination of items in excess of 1,500,000.00 [insert dollar figure or quantity]; or

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(3) A series of orders from the same ordering office within 30 days that together call for quantities exceeding the limitation in paragraph (b)(1) or (2) of this section.

(c) If this is a requirements contract (i.e., includes the Requirements clause at subsection 52.216-21 of the Federal Acquisition Regulation (FAR)), the Government is not required to order a part of any one requirement from the Contractor if that requirement exceeds the maximum-order limitations in paragraph (b) of this section.

(d) Notwithstanding paragraphs (b) and (c) of this section, the Contractor shall honor any order exceeding the maximum order limitations in paragraph (b), unless that order (or orders) is returned to the ordering office within 10 days after issuance, with written notice stating the Contractor's intent not to ship the item (or items) called for and the reasons. Upon receiving this notice, the Government may acquire the supplies or services from another source.

(End of clause)

52.216-22 Indefinite Quantity (Oct 1995)

(a) This is an indefinite-quantity contract for the supplies or services specified, and effective for the period stated, in the Schedule. The quantities of supplies and services specified in the Schedule are estimates only and are not purchased by this contract.

(b) Delivery or performance shall be made only as authorized by orders issued in accordance with the Ordering clause. The Contractor shall furnish to the Government, when and if ordered, the supplies or services specified in the Schedule up to and including the quantity designated in the Schedule as the "maximum." The Government shall order at least the quantity of supplies or services designated in the Schedule as the "minimum."

(c) Except for any limitations on quantities in the Order Limitations clause or in the Schedule, there is no limit on the number of orders that may be issued. The Government may issue orders requiring delivery to multiple destinations or performance at multiple locations.

(d) Any order issued during the effective period of this contract and not completed within that period shall be completed by the Contractor within the time specified in the order. The contract shall govern the Contractor's and Government's rights and obligations with respect to that order to the same extent as if the order were completed during the contract's effective period; provided, that the Contractor shall not be required to make any deliveries under this contract after 01/31/2030 [insert date].

(End of clause)

52.217-8 Option to Extend Services (Nov 1999)

The Government may require continued performance of any services within the limits and at the rates specified in the contract. These rates may be adjusted only as a result of revisions to prevailing labor rates provided by the Secretary of Labor. The option provision may be exercised more than once, but the total extension of performance hereunder shall not exceed 6 months. The Contracting Officer may exercise the option by written notice to the Contractor within 30 days of expiration date. [insert the period of time within which the Contracting Officer may exercise the option].

(End of clause)

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

(a) The Government may extend the term of this contract by written notice to the Contractor within 30 days [insert the period of time within which the Contracting Officer may exercise the option]; provided that the Government gives the Contractor a preliminary written notice of its intent to extend at least 60 days [60 days unless a different number of days is inserted] before the contract expires.

The preliminary notice does not commit the Government to an extension.

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

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

(End of clause)

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52.219-14 Limitations on Subcontracting (Oct 2022)

(a) This clause does not apply to the unrestricted portion of a partial set-aside.

(b) Definition. Similarly situated entity, as used in this clause, means a first-tier subcontractor,…