QSE_36C78626Q50257.pdf

Document Number: 36C78626Q50257 Page 1 of 33

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES

NOTE: OFFEROR TO COMPLETE BLOCKS 12, 17, 23, 24 & 30 1. REQUISITION NUMBER

F367463-27-2000000

PAGE 1 OF

5. SOLICITATION NUMBER

36C78626Q50257

2. CONTRACT NUMBER 3. AWARD/EFFECTIVE DATE 4. ORDER NUMBER 6. SOLICITATION ISSUE

DATE

10/13/2026

7. FOR SOLICITATION

INFORMATION CALL:

a. NAME David Hester

b. TELEPHONE NUMBER (No collect calls) 8. OFFER DUE DATE / LOCAL

TIME

10/29/2026 17:00

CODE 36C786

NATIONAL CEMETERY ADMIN (786)

NATIONAL CEMETERY ADMINISTRATION

DEPT OF VETERANS AFFAIRS

18434 JOPLIN RD.

TRIANGLE, VA 22172

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

SMALL BUSINESS

HUBZONE SMALL

BUSINESS

X SERVICE-DISALBED

VETERAN-OWNED

SMALL BUSINESS

(SDVOSB)

WOMEN-OWNED SMALL

BUSINESS (WOSB)

ECONOMICALLY DISADVANTAGED WOMEN-

OWNED SMALL BUSINESS (EDWOSB)

8(A)

NORTH AMERICAN INDUSTRY

CLASSIFICATION STANDARD

(NAICS): 561730

SIZE STANDARD: 9.5 million

10. THE ACQUISITION IS

SEE

SCHEDULE

11. DELIVERY FOR FREE ON BOARD

(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 THE

DEFENSE PRIORITIES AND

ALLOCATIONS SYSTEM –

DPAS (15 CFR 700)

13b. RATING

X REQUEST

FOR

QUOTE

(RFQ)

INVITATION

FOR BID

(IFB)

REQUEST

FOR

PROPOSAL

(RFP)

14. METHOD OF SOLICITATION

367463CODE15. DELIVER TO

HOUSTON NATIONAL CEMETERY (851)

DEPT OF VETERANS AFFAIRS (851)

HOUSTON NATIONAL CEMETERY

10410 VETERANS MEMORIAL DR.

HOUSTON, TX 77038

CODE 36C78616. ADMINISTERED BY

NATIONAL CEMETERY ADMIN (786)

NATIONAL CEMETERY ADMINISTRATION

DEPT OF VETERANS AFFAIRS

18434 JOPLIN RD.

TRIANGLE, VA 22172

FACILITY

CODE

CODE

TELEPHONE NUMBER

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 NUMBER 20. SCHEDULE OF SUPPLIES/SERVICES

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

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

See Continuation Page (Section 1) Below

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

27a. SOLICITATION INCORPORATES BY REFERENCE (FEDERAL ACQUISITION REGULATION) FAR 52.212-1, 52.212-4. FAR 52.212-3

AND 52.212-5 ARE ATTACHED. ADDENDA

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

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: REFERENCE _____________________________

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) David Hester

31c. DATE SIGNED

AUTHORIZED FOR LOCAL REPRODUCTION

PREVIOUS EDITION IS NOT USABLE

STANDARD FORM 1449 (REV. 11/2021)

Prescribed by GSA - FAR (48 CFR) 53.212

Document Number: 36C78626Q50257 Page 2 of 33

19.

ITEM NUMBER

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. 11/2021) BACK

Document Number: 36C78626Q50257 Page 3 of 33

Table of Contents

Section Description Page Number

1 Continuation Sheet 1 SOW FY27 Sod HNC 2 Contract Clauses

52.252-2 Clauses Incorporated by Reference (Feb 1998) Deliveries or Performance 52.203-6 Restrictions on Subcontractor Sales to the Government (Jun 2020) 52.203-17 Contractor Employee Whistleblower Rights (Nov 2023) 52.204-13 System for Award Management Maintenance (Oct 2018) 52.209-6 Protecting the Government's Interest When Subcontracting with Contractors Debarred, Suspended, Proposed for Debarment, or Voluntarily Excluded (Jan 2025) 52.209-9 Updates of Publicly Available Information Regarding Responsibility Matters (Oct 2018) 52.209-10 Prohibition on Contracting with Inverted Domestic Corporations (Nov 2015) 52.212-4 Contract Terms and Conditions-Commercial Products and Commercial Services (Nov 2023) 52.219-6 Notice of Total Small Business Set-Aside (Nov 2020) 52.219-8 Utilization of Small Business Concerns (Jan 2025) 52.219-9 Small Business Subcontracting Plan (Jan 2025) 52.222-3 Convict Labor (June 2003) 52.222-40 Notification of Employee Rights Under the National Labor Relations Act (Dec 2010) 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) 52.225-1 Buy American-Supplies (Oct 2022) 52.226-8 Encouraging Contractor Policies To Ban Text Messaging While Driving (May 2024) 52.228-5 Insurance-Work on a Government Installation (Jan 1997) 52.229-3 Federal, State and Local Taxes (Feb 2013) 52.232-18 Availability of Funds (Apr 1984) 52.232-33 Payment by Electronic Funds Transfer-System for Award Management (Oct 2018) 52.232-40 Providing Accelerated Payments to Small Business Subcontractors (Mar 2023) 52.233-4 Applicable Law for Breach of Contract Claim (Oct 2004) 52.244-6 Subcontracts for Commercial Products and Commercial Services (Oct 2025) 52.216-18 Ordering (Aug 2020) 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) 52.222-42 Statement of Equivalent Rates for Federal Hires (May 2014) 52.222-90 Addressing DEI Discrimination by Federal Contractors 52.232-19 Availability of Funds for the Next Fiscal Year (Apr 1984)

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

852.203-70 COMMERCIAL ADVERTISING (MAY 2018)

852.219-73 VA NOTICE OF TOTAL SET-ASIDE FOR VERIFIED SERVICE-DISABLED

VETERAN-OWNED SMALL BUSINESSES (NOV 2022)

852.219-75 VA NOTICE OF LIMITATIONS ON SUBCONTRACTING-CERTIFICATE OF

COMPLIANCE FOR SERVICES AND CONSTRUCTION (NOV 2022)

852.242-71 ADMINISTRATIVE CONTRACTING OFFICER (OCT 2020)

3 Documents, Exhibits, or Attachments 4 Administative Guidance for Offerors.docx 4 Eval Factors Sod FY27 Base 4 Houston.docx EOD Wage Determination 2015-5233

Document Number: 36C78626Q50257 Page 4 of 33

Section 1 - Continuation Sheet

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

0001 See Description Below

PSC: S208

LANDSCAPING/

GROUNDSKEEPING

SERVICES

50,000.000000 SF

Description: Sod Delivery and installation

Period of Performance: 12/01/2026 - 11/30/2027

Reference Line: F367463-27-2000000 - 0001

Pricing Options: Base

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

0002 See Description Below

PSC: S208

LANDSCAPING/

GROUNDSKEEPING

SERVICES

10,000.000000 SF

Description: Sod delivery only

Period of Performance: 12/01/2026 - 11/30/2027

Reference Line: F367463-27-2000000 - 0002

Pricing Options: Base

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

0003 See Description Below

PSC: S208

LANDSCAPING/

GROUNDSKEEPING

SERVICES

30,000.000000 SF

Description: OPTION: Sod delivery and installation

Period of Performance: 12/01/2026 - 11/30/2027

Reference Line: F367463-27-2000000 - 0003

Pricing Options: Base

Document Number: 36C78626Q50257 Page 5 of 33

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

1001 See Description Below

PSC: S208

LANDSCAPING/

GROUNDSKEEPING

SERVICES

52,000.000000 SF

Description: Sod delivery and installation

Period of Performance: 12/01/2027 - 11/30/2028

Reference Line: F367463-27-2000000 - 1001

Pricing Options: Option 0001

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

1002 See Description Below

PSC: S208

LANDSCAPING/

GROUNDSKEEPING

SERVICES

10,000.000000 SF

Description: Sod delivery only

Period of Performance: 12/01/2027 - 11/30/2028

Reference Line: F367463-27-2000000 - 1002

Pricing Options: Option 0002

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

1003 See Description Below

PSC: S208

LANDSCAPING/

GROUNDSKEEPING

SERVICES

30,000.000000 SF

Description: OPTION: Sod delivery and installation

Period of Performance: 12/01/2027 - 11/30/2028

Reference Line: F367463-27-2000000 - 1003

Pricing Options: Option 0003

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

2001 See Description Below

PSC: S208

54,000.000000 SF

Document Number: 36C78626Q50257 Page 6 of 33

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

LANDSCAPING/

GROUNDSKEEPING

SERVICES

Description: Sod delivery and installation

Period of Performance: 12/01/2028 - 11/30/2029

Reference Line: F367463-27-2000000 - 2001

Pricing Options: Option 0001

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

2002 See Description Below

PSC: S208

LANDSCAPING/

GROUNDSKEEPING

SERVICES

10,000.000000 SF

Description: Sod Delivery only

Period of Performance: 12/01/2028 - 11/30/2029

Reference Line: F367463-27-2000000 - 2002

Pricing Options: Option 0002

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

2003 See Description Below

PSC: S208

LANDSCAPING/

GROUNDSKEEPING

SERVICES

30,000.000000 SF

Description: OPTION: Sod delivery and installation

Period of Performance: 12/01/2028 - 11/30/2029

Reference Line: F367463-27-2000000 - 2003

Pricing Options: Option 0003

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

3001 See Description Below

56,000.000000 SF

Document Number: 36C78626Q50257 Page 7 of 33

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

LANDSCAPING/

GROUNDSKEEPING

SERVICES

Description: Sod delivery and installation

Period of Performance: 12/01/2029 - 11/30/2030

Reference Line: F367463-27-2000000 - 3001

Pricing Options: Option 0001

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

3002 See Description Below

PSC: S208

LANDSCAPING/

GROUNDSKEEPING

SERVICES

10,000.000000 SF

Description: Sod Delivery only

Period of Performance: 12/01/2029 - 11/30/2030

Reference Line: F367463-27-2000000 - 3002

Pricing Options: Option 0002

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

3003 See Description Below

PSC: S208

LANDSCAPING/

GROUNDSKEEPING

SERVICES

30,000.000000 SF

Description: OPTION: Sod delivery and installation

Period of Performance: 12/01/2029 - 11/30/2030

Reference Line: F367463-27-2000000 - 3003

Pricing Options: Option 0003

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

4001 See Description Below

58,000.000000 SF

Document Number: 36C78626Q50257 Page 8 of 33

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

LANDSCAPING/

GROUNDSKEEPING

SERVICES

Description: Sod delivery and installation

Period of Performance: 12/01/2030 - 11/30/2031

Reference Line: F367463-27-2000000 - 4001

Pricing Options: Option 0001

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

4002 See Description Below

PSC: S208

LANDSCAPING/

GROUNDSKEEPING

SERVICES

10,000.000000 SF

Description: Sod delivery only

Period of Performance: 12/01/2030 - 11/30/2031

Reference Line: F367463-27-2000000 - 4002

Pricing Options: Option 0002

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

4003 See Description Below

PSC: S208

LANDSCAPING/

GROUNDSKEEPING

SERVICES

30,000.000000 SF

Description: OPTION: Sod delivery and installation

Period of Performance: 12/01/2030 - 11/30/2031

Reference Line: F367463-27-2000000 - 4003

Pricing Options: Option 0003

Document Number: 36C78626Q50257 Page 9 of 33

SCOPE OF WORK

National Cemetery Administration

Houston National Cemetery

Houston, TX 77038

Sod Delivery and Installation

A. GENERAL INFORMATION

The Department of Veteran Affairs, National Cemetery Administration intends to award an IDIQ contract for the procurement of sod delivery and installation services at Houston National Cemetery and hereafter referred to as “Cemetery”. The Contractor shall provide all necessary expertise, supervision, labor, equipment, and supplies to accomplish the delivery and placement of hybrid bermudagrass sod for grave sites at the Cemetery.

1. Location:

These services will be performed at the following location:

Houston National Cemetery

10410 Veterans Memorial Drive

Houston, TX 77038

2. Order Procedures

The grass sod shall be delivered and installed within three (3) business days of order from the

COR. The COR will be responsible for requesting delivery of the material from the vendor. All requests will be made via email and follow up phone call to verify request with the vendor (the contracting office will be copied on all emails). The request will be placed in time for the vendor to meet the delivery timeframe outlined above.

Note: The email will contain a minimum of vendor name, contract number, cemetery name, address, and phone number of POC. Request the delivery of [specify CLIN and pallets] and estimated delivery date.

3. Work Hours

All work shall be performed during the normal working hours (8:00 a.m. to 4:00 p.m.), Monday through Friday. No work will be allowed to be performed on weekends and official government

Holidays, without advance written consent of the COR. All work shall be scheduled and coordinated with the COR.

4. Submittals

The contractor shall submit the following documents or information in accordance with the table

A.1 to the COR.

For the sod, the sod provider’s specification sheet and/or third-party certification shall be submitted prior to each delivery. The information shall contain the company name, company address, and bermudagrass cultivar.

A delivery ticket shall be provided with each delivery.

Table A.1. Houston National Cemetery submittals for sod delivery and installation.

Submittal Frequency Submittal Schedule

Sod provider and information sheet Initial and as revised Prior to beginning work

Sod delivery tickets and certification As needed Upon delivery

Document Number: 36C78626Q50257 Page 10 of 33

B. SOD DELIVERY AND INSTALLATION

1. CLIN 001 Sod Installation and Delivery per COR instructions

Grass sod shall be ordered, delivered, and installed on all first and second internment sites within the cemetery as directed by the COR. Orders will occur approximately once or twice a month during growing season (typically from February to November); March and April will have multiple sod installation orders to catch up on winter / dormant season interments.

The amount of grass sod to be delivered and installed may vary depending on the interment rate but will be approximately 8,100 square feet (18 pallets) per order as directed by the COR. For each placed order, the US Government guarantees a minimum order of 1,350 square feet (3 pallets). The maximum amount of sod ordered under each task order shall not exceed 12,150 square feet (27 pallets).

2. CLIN 002 Deliver Sod (materials only)

Grass sod shall also be ordered and delivered in several intervals through the year. There will be no installation included in this order of sod.

For each order placed, the US Government guarantees a minimum order of 900 square feet (2 pallets). The maximum amount of sod ordered under each task order shall not exceed 2,700 square feet (6 pallets).

3. OPTION CLIN 003 Sod Installation and Delivery per COR instructions (for smaller turf repair projects)

Grass sod shall be ordered, delivered, and installed within the cemetery as directed by the COR.

Orders will occur as needed.

For each order placed, the US Government guarantees a minimum order of 900 square feet (2 pallets). The maximum amount of sod ordered under each task order shall not exceed 9,000 square feet (20 pallets).

C. SOD SPECIFICATIONS

1. Certified Bermudagrass

Grass sod shall be certified TifTuf Bermudagrass (see Table A.1 on submittals).

2. Sod Quality

The sod will be delivered freshly cut, weed, disease, and insect free, and of healthy appearance with uniform color, leaf texture, and shoot density. Grass sod shall be relatively free of thatch, less than

0.5 inch (uncompressed). Grass sod shall be machine cut at a uniform soil thickness of 0.60 inch, plus or minus .25 inch, at the time of cutting. Measurement for thickness shall exclude top growth and any thatch. Irregular sized pads, broken pads, and torn or uneven ends will not be acceptable.

Standard sized sections of grass sod shall be strong enough that it can be picked up and handled without damage. Grass sod shall not be harvested or transplanted when its moisture content

(excessively dry or wet) may adversely affect its survival.

D. SOD INSTALLATION

Document Number: 36C78626Q50257 Page 11 of 33

1. Location

Grass sod shall be installed per COR’s instructions at grave site locations specified in writing by

COR.

2. Timeline

Grass sod shall be harvested, delivered, and installed within a 24-hour period, unless a suitable preservation method is approved prior to delivery.

3. Installation Specifications

Grass sod shall be installed to match existing grade of turf (cemetery responsible for correct soil preparation and finish grade). All joints shall be butted tightly. Lateral joints shall be staggered to promote more uniform growth and strength. Care shall be exercised to ensure that sod pieces are not stretched or overlapped. Installed grass sod shall be properly rolled with sod roller to correct firmness.

4. Inspection

Once grass sod is installed, contractor shall notify COR for inspection and acceptance of work, prior to submitting invoice(s). Contractor is responsible for replacing any grass sod delivered and installed that does not meet the requirements stated in this scope of work within two (2) weeks after planting.

E. CONTRACTOR EQUIPMENT, PERSONNEL, AND CONTRACTOR RESPONSIBILITIES

1. Damage

Contractor shall not damage any property within the cemetery grounds. Any damage incurred by contractor shall be repaired or replaced at contractor expense with no additional charge to the government. This damage includes, but not is not limited to, rutting of grounds caused by contractor equipment, headstone and marker damage, and any other damage to cemetery property and grounds caused by contractor.

2. Heavy Equipment

Contractor shall not use any heavy equipment (i.e. back hoes, forklifts, dump trucks, etc.) within burial sections. Contractor will be allowed to use light duty motorized utility carts for the transport of grass sod and tools, as needed, and at contractor expense.

3. Site Cleanup

Contractor shall clean up and/or pick up any trash, debris, dirt, mud, tire marks or any other related items upon completion of work in that area on any given work day.

4. Storage

Contractor shall not store any materials, tools, or equipment overnight on the cemetery grounds.

5. Contractor Foreman / Work Leader

Contractor shall provide an English-speaking Foreman or Work Leader for this contract.

F. CEMETERY RESPONSIBILITIES

1. Site Preparation

Document Number: 36C78626Q50257 Page 12 of 33

The cemetery is responsible for preparing a suitable sod bed for sod installation.

2. Damage

The cemetery is responsible for grass sod damaged by cemetery personnel, third parties, storms, flood, frost, freeze, animals on cemetery grounds, or related.

3. Maintenance

The cemetery is responsible for the required maintenance (including watering) of the grass sod once it is delivered, correctly installed, and accepted.

End of Scope of Work Wednesday

Document Number: 36C78626Q50257 Page 13 of 33

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) www.va.gov/oal/library/vaar/index.asp (VAAR) [Insert one or more Internet addresses]

(End of clause)

Deliveries or Performance

Line Number/ Delivery Number

Delivery Quantity FOB Point Address

0001/1 50,000.000000 HOUSTON NATIONAL CEMETERY (851)

DEPT OF VETERANS AFFAIRS (851)

HOUSTON NATIONAL CEMETERY

10410 VETERANS MEMORIAL DR.

HOUSTON, TX 77038

Line Number/ Delivery Number

Delivery Quantity FOB Point Address

0002/1 10,000.000000 HOUSTON NATIONAL CEMETERY (851)

DEPT OF VETERANS AFFAIRS (851)

HOUSTON NATIONAL CEMETERY

10410 VETERANS MEMORIAL DR.

HOUSTON, TX 77038

Line Number/ Delivery Number

Delivery Quantity FOB Point Address

0003/1 30,000.000000 HOUSTON NATIONAL CEMETERY (851)

DEPT OF VETERANS AFFAIRS (851)

HOUSTON NATIONAL CEMETERY

10410 VETERANS MEMORIAL DR.

HOUSTON, TX 77038

Line Number/ Delivery Number

Delivery Quantity FOB Point Address

1001/1 52,000.000000 HOUSTON NATIONAL CEMETERY (851)

DEPT OF VETERANS AFFAIRS (851)

HOUSTON NATIONAL CEMETERY

10410 VETERANS MEMORIAL DR.

HOUSTON, TX 77038

Line Number/ Delivery Number

Delivery Quantity FOB Point Address

1002/1 10,000.000000 HOUSTON NATIONAL CEMETERY (851)

DEPT OF VETERANS AFFAIRS (851)

HOUSTON NATIONAL CEMETERY

10410 VETERANS MEMORIAL DR.

HOUSTON, TX 77038

Line Number/ Delivery Number

Delivery Quantity FOB Point Address

1003/1 30,000.000000 HOUSTON NATIONAL CEMETERY (851)

DEPT OF VETERANS AFFAIRS (851)

HOUSTON NATIONAL CEMETERY

10410 VETERANS MEMORIAL DR.

HOUSTON, TX 77038

Line Number/ Delivery Number

Delivery Quantity FOB Point Address

2001/1 54,000.000000 HOUSTON NATIONAL CEMETERY (851)

DEPT OF VETERANS AFFAIRS (851)

HOUSTON NATIONAL CEMETERY

10410 VETERANS MEMORIAL DR.

HOUSTON, TX 77038

Line Number/ Delivery Number

Delivery Quantity FOB Point Address

2002/1 10,000.000000 HOUSTON NATIONAL CEMETERY (851)

Document Number: 36C78626Q50257 Page 14 of 33

DEPT OF VETERANS AFFAIRS (851)

HOUSTON NATIONAL CEMETERY

10410 VETERANS MEMORIAL DR.

HOUSTON, TX 77038

Line Number/ Delivery Number

Delivery Quantity FOB Point Address

2003/1 30,000.000000 HOUSTON NATIONAL CEMETERY (851)

DEPT OF VETERANS AFFAIRS (851)

HOUSTON NATIONAL CEMETERY

10410 VETERANS MEMORIAL DR.

HOUSTON, TX 77038

Line Number/ Delivery Number

Delivery Quantity FOB Point Address

3001/1 56,000.000000 HOUSTON NATIONAL CEMETERY (851)

DEPT OF VETERANS AFFAIRS (851)

HOUSTON NATIONAL CEMETERY

10410 VETERANS MEMORIAL DR.

HOUSTON, TX 77038

Line Number/ Delivery Number

Delivery Quantity FOB Point Address

3002/1 10,000.000000 HOUSTON NATIONAL CEMETERY (851)

DEPT OF VETERANS AFFAIRS (851)

HOUSTON NATIONAL CEMETERY

10410 VETERANS MEMORIAL DR.

HOUSTON, TX 77038

Line Number/ Delivery Number

Delivery Quantity FOB Point Address

3003/1 30,000.000000 HOUSTON NATIONAL CEMETERY (851)

DEPT OF VETERANS AFFAIRS (851)

HOUSTON NATIONAL CEMETERY

10410 VETERANS MEMORIAL DR.

HOUSTON, TX 77038

Line Number/ Delivery Number

Delivery Quantity FOB Point Address

4001/1 58,000.000000 HOUSTON NATIONAL CEMETERY (851)

DEPT OF VETERANS AFFAIRS (851)

HOUSTON NATIONAL CEMETERY

10410 VETERANS MEMORIAL DR.

HOUSTON, TX 77038

Line Number/ Delivery Number

Delivery Quantity FOB Point Address

4002/1 10,000.000000 HOUSTON NATIONAL CEMETERY (851)

DEPT OF VETERANS AFFAIRS (851)

HOUSTON NATIONAL CEMETERY

10410 VETERANS MEMORIAL DR.

HOUSTON, TX 77038

Line Number/ Delivery Number

Delivery Quantity FOB Point Address

4003/1 30,000.000000 HOUSTON NATIONAL CEMETERY (851)

DEPT OF VETERANS AFFAIRS (851)

HOUSTON NATIONAL CEMETERY

10410 VETERANS MEMORIAL DR.

HOUSTON, TX 77038

PERIOD OF PERFORMANCE

ITEM START END

0001 12/01/2026 11/30/2027

0002 12/01/2026 11/30/2027

0003 12/01/2026 11/30/2027

1001 12/01/2027 11/30/2028

1002 12/01/2027 11/30/2028

1003 12/01/2027 11/30/2028

2001 12/01/2028 11/30/2029

2002 12/01/2028 11/30/2029

2003 12/01/2028 11/30/2029

3001 12/01/2029 11/30/2030

Document Number: 36C78626Q50257 Page 15 of 33

3002 12/01/2029 11/30/2030

3003 12/01/2029 11/30/2030

4001 12/01/2030 11/30/2031

4002 12/01/2030 11/30/2031

4003 12/01/2030 11/30/2031

Clause Title Fill-ins

52.203-6 Restrictions on Subcontractor Sales to the Government (Jun 2020)

52.203-17 Contractor Employee Whistleblower Rights (Nov 2023)

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

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

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

2025)

52.209-9 Updates of Publicly Available Information Regarding Responsibility Matters

(Oct 2018)

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

52.212-4 Contract Terms and Conditions-Commercial Products and Commercial

Services (Nov 2023)

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

52.219-8 Utilization of Small Business Concerns (Jan 2025)

52.219-9 Small Business Subcontracting Plan (Jan 2025)

52.222-3 Convict Labor (June 2003)

52.222-40 Notification of Employee Rights Under the National Labor Relations Act

(Dec 2010)

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)

52.225-1 Buy American-Supplies (Oct 2022)

52.226-8 Encouraging Contractor Policies To Ban Text Messaging While Driving

(May 2024)

52.228-5 Insurance-Work on a Government Installation (Jan 1997)

52.229-3 Federal, State and Local Taxes (Feb 2013)

Document Number: 36C78626Q50257 Page 16 of 33

Clause Title Fill-ins

52.232-18 Availability of Funds (Apr 1984)

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

2018)

52.232-40 Providing Accelerated Payments to Small Business Subcontractors (Mar

2023)

52.233-4 Applicable Law for Breach of Contract Claim (Oct 2004)

52.244-6 Subcontracts for Commercial Products and Commercial Services (Oct 2025)

52.216-18 Ordering (Aug 2020)

(a) Any supplies and services to be furnished under this contract shall be ordered by issuance of delivery orders or task orders by the individuals or activities designated in the Schedule. Such orders may be issued from 12/1/2026 through 11/30/2031 [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)

52.216-22 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 11/30/2031 [insert date].

(End of clause)

Document Number: 36C78626Q50257 Page 17 of 33

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 60 days [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 60 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 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 Five years and 6 months (months)(years).

(End of clause)

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, including an independent contractor, that--

(1) Has the same small business program status as that which qualified the prime contractor for the award (e.g., for a small business set-aside contract, any small business concern, without regard to its socioeconomic status); and

(2) Is considered small for the size standard under the North American Industry Classification System (NAICS) code the prime contractor assigned to the subcontract.

(c) Applicability. This clause applies only to--

(1) Contracts that have been set aside for any of the small business concerns identified in 19.000(a)(3);

(2) Part or parts of a multiple-award contract that have been set aside for any of the small business concerns identified in 19.000(a)(3);

(3) Contracts that have been awarded on a sole-source basis in accordance with subparts 19.8, 19.13, 19.14, and 19.15;

(4) Orders expected to exceed the simplified acquisition threshold and that are--

(i) Set aside for small business concerns under multiple-award contracts, as described in 8.405-5 and 16.505(b)(2)(i)(F); or

(ii) Issued directly to small business concerns under multiple-award contracts as described in 19.504(c)(1)(ii);

(5) Orders, regardless of dollar value, that are--

(i) Set aside in accordance with subparts 19.8, 19.13, 19.14, or 19.15 under multiple-award contracts, as described in 8.405-5 and 16.505(b)(2)(i)(F); or

(ii) Issued directly to concerns that qualify for the programs described in subparts 19.8, 19.13, 19.14, or 19.15 under multiple-award contracts, as described in 19.504(c)(1)(ii); and

Document Number: 36C78626Q50257 Page 18 of 33

(6) Contracts using the HUBZone price evaluation preference to award to a HUBZone small business concern unless the concern waived the evaluation preference.

(d) Independent contractors. An independent contractor shall be considered a subcontractor.

(e) Limitations on subcontracting. By submission of an offer and execution of a contract, the Contractor agrees that in performance of a contract assigned a North American Industry Classification System (NAICS) code for--

(1) Services (except construction), it will not pay more than 50 percent of the amount paid by the Government for contract performance to subcontractors that are not similarly situated entities. Any work that a similarly situated entity further subcontracts will count towards the prime contractor's 50 percent subcontract amount that cannot be exceeded. When a contract includes both services and supplies, the 50 percent limitation shall apply only to the service portion of the contract;

(2) Supplies (other than procurement from a nonmanufacturer of such supplies), it will not pay more than 50 percent of the amount paid by the Government for contract performance, excluding the cost of materials, to subcontractors that are not similarly situated entities. Any work that a similarly situated entity further subcontracts will count towards the prime contractor's 50 percent subcontract amount that cannot be exceeded. When a contract includes both supplies and services, the 50 percent limitation shall apply only to the supply portion of the contract;

(3) General construction, it will not pay more than 85 percent of the amount paid by the Government for contract performance, excluding the cost of materials, to subcontractors that are not similarly situated entities. Any work that a similarly situated entity further subcontracts will count towards the prime contractor's 85 percent subcontract amount that cannot be exceeded; or

(4) Construction by special trade contractors, it will not pay more than 75 percent of the amount paid by the Government for contract performance, excluding the cost of materials, to subcontractors that are not similarly situated entities. Any work that a similarly situated entity further subcontracts will count towards the prime contractor's 75 percent subcontract amount that cannot be exceeded.

(f) The Contractor shall comply with the limitations on subcontracting as follows:

(1) For contracts, in accordance with paragraphs (c)(1), (2), (3) and (6) of this clause--

[Contracting Officer check as appropriate.]

__ By the end of the base term of the contract and then by the end of each subsequent option period; or

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

(2) For orders, in accordance with paragraphs (c)(4) and (5) of this clause, by the end of the performance period for the order.

(g) A joint venture agrees that, in the performance of the contract, the applicable percentage specified in paragraph (e) of this clause will be performed by the aggregate of the joint venture participants.

(1) In a joint venture comprised of a small business protégé and its mentor approved by the Small Business Administration, the small business protégé shall perform at least 40 percent of the work performed by the joint venture. Work performed by the small business protégé in the joint venture must be more than administrative functions.

(2) In an 8(a) joint venture, the 8(a) participant(s) shall perform at least 40 percent of the work performed by the joint venture. Work performed by the 8(a) participants in the joint venture must be more than administrative functions.

(End of clause)

52.222-42 Statement of Equivalent Rates for Federal Hires (May 2014)

In compliance with the Service Contract Labor Standards statute and the regulations of the Secretary of Labor (29 CFR part 4), this clause identifies the classes of service employees expected to be employed under the contract and states the wages and fringe benefits payable to each if they were employed by the contracting agency subject to the provisions of 5 U.S.C.5341 or 5 332.

This Statement is for Information Only: It is not a Wage Determination Employee Class Monetary Wage-Fringe Benefits

Document Number: 36C78626Q50257 Page 19 of 33

(End of clause)

52.222-90 Addressing DEI Discrimination by Federal Contractors

As prescribed in 22.2203, insert the following clause:

Addressing DEI Discrimination by Federal Contractors (DEVIATION Apr 2026)

(a) Definitions. As used in this clause—

Program participation means membership or participation in, or access or admission to: training, mentoring, or leadership development programs; educational opportunities; clubs; associations; or similar opportunities that are sponsored or established by the contractor or subcontractor.

Racially discriminatory diversity, equity, and inclusion (DEI) activities means disparate treatment based on race or ethnicity in the recruitment, employment (e.g., hiring, promotions), contracting (e.g., vendor agreements), program participation, or allocation or deployment of an entity's resources.

(b) In connection with the performance of work under this contract, the Contractor agrees as follows:

(1) The Contractor will not engage in any racially discriminatory DEI activities;

(2) The Contractor will furnish all information and reports, including providing access to books, records, and accounts, as required by the Contracting Officer, for purposes of ascertaining compliance with this clause;

(3) In the event of the Contractor's or a subcontractor's noncompliance with this clause, this contract may be canceled, terminated, or suspended in whole or in part, and the Contractor or subcontractor may be declared ineligible for further Government contracts;

(4) The Contractor will report any subcontractor's known or reasonably knowable conduct that may violate this clause to the Contracting Officer and take any appropriate remedial actions directed by the Contracting Officer; and

(5) The Contractor will inform the Contracting Officer if a subcontractor sues the Contractor and the suit puts at issue, in any way, the validity of this clause.

(6) The Contractor recognizes that compliance with the requirements of this clause are material to the Government's payment decisions for purposes of 31 U.S.C. 3729(b)(4).

(c) The Contractor must include the substance of this clause, including this paragraph (c), in subcontracts at any tier, including those for commercial products and commercial services, except those where the place of delivery or performance is outside the United States.

(End of clause)

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

Funds are not presently available for performance under this contract beyond current fiscal year. The Government's obligation for performance of this contract beyond that date is contingent upon the availability of appropriated funds from which payment for contract purposes can be made. No legal liability on the part of the Government for any payment may arise for performance under this

Document Number: 36C78626Q50257 Page 20 of 33 contract beyond current fiscal year, until funds are made available to the Contracting Officer for performance and until the Contractor receives notice of availability, to be confirmed in writing by the Contracting Officer.

(End of clause)

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

The Contracting Officer reserves the right to designate representatives to act for him/her in furnishing technical guidance and advice or generally monitor the work to be performed under this contract. Such designation will be in writing and will define the scope and limitation of the designee’s authority. A copy of the designation letter shall be furnished to the Contractor.

(End of clause)

852.203-70 COMMERCIAL ADVERTISING (MAY 2018)

The Contractor shall not make reference in its commercial advertising to Department of Veterans Affairs contracts in a manner that states or implies the Department of Veterans Affairs approves or endorses the Contractor’s products or services or considers the Contractor’s products or services superior to other products or services.

(End of clause)

852.219-73 VA NOTICE OF TOTAL SET-ASIDE FOR VERIFIED SERVICE-DISABLED VETERAN-OWNED SMALL

BUSINESSES (NOV 2022)

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

(1) Means a small business concern-

(i) Not less than 51 percent of which is owned by one or more service-disabled Veterans or, in the case of any publicly owned business, not less than 51 percent of the stock of which is owned by one or more service-disabled Veterans or eligible surviving spouses (see VAAR 802.101, Surviving Spouse definition);

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

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

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

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

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

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

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

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

Document Number: 36C78626Q50257 Page 21 of 33

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

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

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

(d) Agreement. When awarded a contract action, including orders under multiple-award contracts, an SDVOSB agrees that in the performance of the contract, the SDVOSB shall comply with requirements in VAAR subpart 819.70 and SBA regulations on small business size and government contracting programs at 13 CFR part 121 and part 125, including the non-manufacturer rule and limitations on subcontracting requirements in 13 CFR 121.406(b) and 13 CFR 125.6. Unless otherwise stated in this clause, a requirement in 13 CFR parts 121 and 125 that applies to an SDVO SBC, is to be construed to also apply to a VIP-listed SDVOSB.

For the purpose of limitations on subcontracting, only VIP-listed SDVOSBs (including independent contractors) shall be considered eligible and/or “similarly situated” (i.e., a firm that has the same small business program status as the prime contractor). An otherwise eligible firm further agrees to comply with the required certification requirements in this solicitation (see 852.219-75 or 852.219-76 as applicable). These requirements are summarized as follows:

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

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

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

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

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

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

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

[Contracting Officer check as appropriate.]

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

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

Document Number: 36C78626Q50257 Page 22 of 33

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

(d) of this clause will be performed by the aggregate of the joint venture participants.

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

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

(End of clause)

852.219-75 VA NOTICE OF LIMITATIONS ON SUBCONTRACTING-CERTIFICATE OF COMPLIANCE FOR SERVICES

AND CONSTRUCTION (NOV 2022)

(a) Pursuant to 38 U.S.C. 8127(k)(2), the offeror certifies that-

(1) If…