Combined Synopsis Solicitation Ft. Devens NC Grounds Maintenance.docx

GENERAL INFORMATION:

Option 3: 1 May 2029- 30 April 2030 Option 4: 1 May 2030- 30 April 2031

Place of Performance: Ft. Devens Cemetery 85 Patton Road Combined Synopsis/Solicitation Notice Devens, MA

Attachment A – Price-Cost Schedule Ft. Devens National Cemetery Grounds Maintenance Attachment B- SOW Grounds Maintenance Ft. Devens National Cemetery Attachment C – Wage Determination 2015-4055 Rev 33 SCA Attachment D-General Decision MA20260008 Attachment E-Subcontractor Participation Document Attachment F- ANSI 300 Attachment G- NCA Operational Standards and Measures Guidebook Dec 2023 Attachment H- NCA Turf & Landscape Handbook 3420 This is a combined synopsis/solicitation for commercial products or commercial services prepared in accordance with part 12. This announcement constitutes the only solicitation. Quoters are being requested and a separate written solicitation will not be issued. Solicitation number 36C78626Q50040 is issued as a Request for Quote(RFQ), for grounds maintenance services at Ft. Devens National Cemetery. This acquisition is set-aside for Services Disabled Veteran Owned Business (SDVOSB) under NACIS code 561730 – Landscaping Services. The Business Size Standard is $9.5 Million. This solicitation incorporates provisions and clauses by reference. The full text of provisions and clauses may be accessed electronically at www.acquisition.gov .

This solicitation incorporates provisions and clauses in effect through Federal Acquisition Circular (FAC) Federal Acquisition Circular (FAC) 2025-06 (Effective August 27, 2025).

This notice shall not be construed as a commitment by the Government to ultimately award a contract, nor does it restrict the Government to a particular acquisition approach.

The U.S. Department of Veteran Affairs, National Cemetery Administration (NCA), anticipates the award of a single award Indefinite Delivery, Indefinite Quantity (IDIQ) Contract. IDIQ Contracts does not procure or specify a firm quantity of services (other than a minimum or maximum quantity). This contract is for Ft. Devens Cemetery National Cemetery, 85 Patton Road, Devens, MA.

Site Visit. Quoters are urged and expected to inspect all sites where services are to be performed and to satisfy themselves regarding all general and local conditions that may affect the cost of contract performance. In no event shall failure to inspect one or all sites constitute grounds for a claim after contract award. If you plan to conduct a site visit/inspection of Ft. Devens Cemetery National Cemetery, 85 Patton Road, Devens, MA, you must contact one of the following Cemetery Staff to make arrangements:

Information pertaining to access to administrative building or cemetery facilities will be provided by Cemetery Staff. Site Visits will be from date to date and will not be rescheduled. The site visit will be Tuesday, January 27, 2026 at 9:00AM EST. The site visit will be held from 9:00AM-12:00PM EST. If you plan to conduct a site visit/inspection of the Ft. Devens National Cemetery, YOU MUST CONTACT:

· Mark Hickey, Cemetery Director………………………………........ (508) 563-7113

· Mark Gagnon, COR ………………………………………………… (207) 242-1532

· Kania Ashley, Admin Officer….…………………………………….(508) 356-0876

No questions shall be submitted or requested from cemetery personnel on the day of the site visit. All questions shall be written and submitted in writing to the Contracting Officer in email per the solicitation instructions.

SOLICITATION QUESTIONS: All questions regarding this solicitation are to be submitted to the Contracting Officer, Antionette Collins by email at Antionette.Collins@va.gov, no later than, 2/6/2026 10:00AM EST. No questions will be accepted after this time. Questions pertaining to this announcement shall be sent by email to: Antionette.Collins@va.gov . Telephone inquiries will not be accepted. Associated answers to questions submitted will be provided via a solicitation amendment. Should an amendment not be endorsed by the interested Quoter, the quote will be considered Non-Responsive.

INSTRUCTIONS TO QUOTERS: Quoters MUST be registered with the System of Award Management (SAM) at http://www.sam.gov and must compete the Online Representations and Certifications Application (ORCA) at http://www.sam.gov prior to the solicitation closing date. Failure to comply will result in the quoter being considered Non-Responsive. Service-Disabled Veteran Owned Small Business (SDVOSB) and Veteran Owned Small Business (VOSB) socio-economic category concerns MUST have an active/current registration with https://veterans.certify.sba.gov/. Failure to comply will result in the Quoters being considered Non-Responsive.

Failure to comply will result in the Quoters being considered Non-Responsive.

Quoters who do not have a current/active Sam account registration or who are not certified as a Service-Disabled Veteran Owned Small Business or certified as a Veterans Owned Small Business in the SBA website (veterans.certify.sba.gov) upon solicitation close date will be considered Non-responsive. Failure to comply will result in the quoter being ineligible for award.

RESPONSE TIME: Quotes will only be considered from Quoters who are regularly established in the business called for and who are financially responsible and have the necessary equipment and personnel to furnish the supplies and services required under this contract. Quoters will only be accepted electronically via email to Antionette Collins at Antionette.Collins@va.gov and cc Joselito.Roman@va.gov no later than 8:00AM EST on 2/16/2026. IT IS THE RESPONSIBILITY OF THE QUOTER TO SUBMIT THEIR BEST OFFER AT THE TIME QUOTES ARE DUE. LATE QUOTES WILL NOT BE CONSIDERED.

Responses to this announcement will result in an IDIQ contract. All information submitted in response to this announcement is voluntary and the Government will not pay for information provided nor will it compensate any respondent for any cost incurred in developing information provided for the Government. Quoters are responsible for obtaining all amendments or additional information concerning this announcement at sam.gov.

The guaranteed minimum amount for the life of the contract is $5,000. The maximum aggregate value of the contract, inclusive of the Five One-Year ordering periods, shall not exceed $2,000,000. The Government does not guarantee that it will place any orders under this contract more than the guaranteed minimum amount. Task orders may be executed any time during the term of the IDIQ; however, each task order shall not exceed twelve (12) months. Quotes submitted shall not exceed the maximum aggregate, inclusive of the (Five, One-Year ordering periods), value of the contract. Failure to comply shall result in the quoter being ineligible for the award.

IT IS NOT THE RESPONSIBILITY OF THE GOVERNMENT TO TEACH VENDORS THE REGULATIONS. IT’S THE RESPONSIBILITY OF THE PROSPECTIVE VENDORS TO READ AND UNDERSTAND THE TERMS AND CONDITIONS PRIOR TO SUBMITTING A QUOTE. ASSISTANCE AND SERVICES ARE AVAIABLE BY CONTACTING YOUR LOCAL SBA REPRSENTATIVE. ANY DEVIATION FROM ACCEPTING THE TERMS AND CONDITIONS SHALL MAKE YOUR QUOTE INELIGIBLE.

DIGNITY CLAUSE:

Respect for Headstones and Markers in National Cemeteries; Handling of Markers and Headstones Every action by Quoter personnel at a national cemetery must be performed with the special care, reverence, dignity, and respect that acknowledges the cemetery as the final resting place that commemorates the service and sacrifice that service members, Veterans and their families made for our Nation. Critically important is the awareness required of the Quoter employees of the remains buried in the grounds where the work is performed. The utmost care must be given to these remains and the headstones and flat grave markers that mark those gravesites and memorialize the service of individuals. Quoters cannot walk, stand, lean, sit or jump on headstones or markers. Nor can they drive over them. No tools, equipment or other items will be placed or leaned on headstones or markers. Use care not to scratch or damage markers in any manner.

Quoter shall be responsible for replacing damaged headstones and markers and for restoring turf damaged during performance of this work.

Additionally, should any activity result in the exposure and/or damage to any remains, container for remains (e.g., casket or urn), or outer burial container, the Quoter must contact the Contracting Officer Representative (COR), Director/Assistant Director, or Contracting Officer (CO) for guidance.

Any doubts as to proper procedures shall be brought to the attention of the COR, Director/Assistant Director, or CO for guidance or resolution.

The Quoter is required to discuss the guidance with employees and/or subcontractors before work may begin.

Contracted Site Supervisor will ensure that no Quoter personnel work will cause any funeral, ceremony, procession, or visitation to be delayed, altered, or otherwise impacted in such a way that the dignity, security, or safety of the event or visit is compromised.

A list of scheduled ceremonies will be provided the week prior to the event, and a list of scheduled committal services will be provided on the day of the service. The Site Supervisor shall communicate not less than daily with the COR, to ask questions and ensure he/she and contracted personnel understands the off-limit areas.

QUOTATION SUBMITTAL: Quoters shall submit Volume A through B in three (3) separate Adobe Acrobat (pdf.) files and Volume C as an (1) Attachment A – Price-Cost Schedule Ft. Devens National Cemetery Grounds Maintenance. Should the Interested Quoters have issues in submitting the GANTT Chart in pdf format, the GANTT Chart may be submitted separately in xlsx. format as Volume B.1 (This is for Ground Maintenance only) provided the request is authorized by the Contracting Specialist (CS) or Contracting Officer (CO) administering this acquisition. An email request must be submitted on time, prior to the solicitation’s closing date for this to be approved. Contractors are strongly encouraged to follow the following format to submit their package.

Each Volume will be identified as follows:

1. Company’s information (Volume A)

2. Technical Quote (Volume B)

4. Pricing (Volume C)

Quoters shall include only one copy of each Volume in their submittal. Quoters who fail to submit the three (3) separate documents as directed may be considered Non-Responsive. In the event an Interested Quoters has issues with Quote submittal, the Quoters must notify the Contracting Officer of the impending issue via electronic correspondence. The subject header shall be titled Submittal Issues and shall include the RFP number. Quoters must ensure that they have a read and delivery receipt on their email to provide proof if necessary. Failure to notify the Contracting Officer of such issues may constitute the submittal as Non-Responsive. Note: The Contracting Officer may or may not respond to your submittal therefore it is crucial that a copy of the email correspondence be provided. Additionally, failure to provide all Volumes within the Solicitation’s response time may also constitute an Interested Quoters as Non-Responsive.

Company Information (Volume A) The following information shall be included in Volume A:

· Legal Business/Company Name (as listed in www.sam.gov). Should Legal Business/Company Name not coincide with what is listed in the Government’s website www.sam.gov , the Interested Quoters will be considered non-responsive.

· Complete Company Address (No P.O. Boxes). Should Interested Quoters submit the Company’s address as a P.O. Box, the Interested Quoters will be considered non-responsive.

· SAM Unique Entity Identification (UEI)

· Company Point of Contract Name and Title

· Telephone Number

· Email Address. Failure to provide POC, telephone number and email address will result in the Interested Quoters being considered non-responsive.

· Solicitation Amendments acknowledgement. Quoters will acknowledge all amendments by either providing a signed copy of the Amendment(s) or by filling out page 4. Titled ACKNOWLEDGMENT OF AMENDMENTS. Failure to acknowledge all subsequent Amendments will result in the Interested Quoters being considered non-responsive.

· One (1) Copy of completed FAR Clause 52.223-3 “Hazardous Material Identification and Material Safety Data” (if applicable).

· In accordance with Public Law 116-183 a Small Business claiming Veterans First Status, Service Disable Veteran Owned Small Business (SDVOSB), or Veteran Owned Small Business (VOSB), must certify in writing that their firm are performing 50 percent of the work. Therefore, Quoters who claim SDVOSB or VOSB status shall provide a signed copy of VAAR 852.219-75 VA Notice of Limitations on Subcontracting Certificate of Compliance for Services and Construction. Quoters must complete, sign, and return the formal certification with the Quoters’ quote. The Government will not consider Quoters for award that do not provide the certification, and all such responses will be deemed ineligible for evaluation and award. Should award be made to an SDVOSB or a VOSB who is suspected of violating PL 116-183 this Agency will refer suspected violators to its department’s inspector general for investigation and possible fines, suspensions, or debarments.

· Capabilities that specifically highlight the company’s strengths and resources in providing complete ground maintenance services. This includes the following:

a. Organizational Control- Information that details the company’s internal controls and processes in the management of Government contracts. This includes identifying principal ownership (51 percent) of the firm in accordance with VAAR 852.219-73. To qualify as a SDVOSB, one or more service-disabled veterans must unconditionally and directly own at least 51 percent of the concern. Failure to provide this information will result in the Quoters being non-responsive.

b. Subcontractor Management- Information that identifies subcontractors’ percentage of performance to include regulatory evaluation and monitoring of subcontractor(s) for the purpose of mitigating risk. Quoters may use a subcontractor’s past performance only if a teaming agreement is provided with the quote. A teaming agreement is a formal arrangement between a potential prime contractor and one or more subcontractors to work together on a specific Federal Government contract or acquisition program. These agreements are designed to allow the parties to complement each other’s unique capabilities and provide the Government with the best combination of performance, cost and delivery of the service. The Prime Contractor is still required to provide its own past performance information in relation to the required service. If a joint venture has been established, the joint venture will be considered the Prime Contractor and must have its own established Unique Entity ID in Sam.gov before it can be considered. A joint venture is an enterprise owned and operated by two or more businesses and must meet VAAR 852.219-73 compliance. When assessing a joint venture’s past performance, consideration will be given to each partner’s experience and capabilities as well as the joint venture’s collective past performance. Failure to provide a teaming agreement or joint venture agreement if applicable will result in the Quoters being non-responsive.

· One (1) Copy Completed Subcontractor Participation Document. Failure to comply may result in the quoter being Non-Responsive. (Attachment E). If you are not using sub-contractors and will be self-performing. You are required to state that within the sub-contractor participation document that you will be self-performing.

· One (1) Signed Copy of each Solicitation Amendments. Failure to comply shall result in the quoter being considered Non-Responsive and ineligible for award.

· One (1) Copy of Completed VAAR Clause 852.219-75 “VA Notice of Limitations on Subcontracting - Certificate of Compliance for Services and Construction” or indicate whether contactor has completed the fill in. Failure to comply shall result in the quoter being considered Non-Responsive and ineligible for award.

Technical Quote (Volume B) The following shall be included as part of the Quoter’s technical submission, Volume B:

· A narrative describes the company’s relevant experience providing ground maintenance services. List a minimum of three (3) contracts that detail the company’s experience in performing supervision, labor, materials, tools, equipment, and supplies to deliver complete grounds maintenance services for mowing, trimming, irrigation system maintenance, edging, bump and run, headstone & marker cleaning, grave excavation, leaf, and debris removal, and sweeping roads and sidewalks, while also ensuring the health and aesthetics of turf, trees, shrubs and plants. The narrative shall address trash removal, snow and ice removal, flag placement and removal.

· The narrative shall include a Work Plan/Staffing Plan to accomplish the required services to include submitting methodology; Specific tasks and responsibilities that will be utilized by the Contractor.

· Quote shall provide a resume and supporting documentation proving that the key personnel satisfy the qualification requirements.

· The narrative shall address performing Grounds Maintenance Services that are comparable in size and complexity to Ft. Devens National Cemetery. For each, provide a narrative how they are similar to the requirement of this solicitation.

· The quote is in accordance with the Grounds Maintenance procedures described in the SOW for Section A.1-A.4.17. The contractor’s capability statement shall not exceed 65 pages, contractor’s capability statement demonstrates how it will meet the technical requirement listed under the technical approach in accordance with Attachment B- SOW Grounds Maintenance Ft. Devens National Cemetery for Section A.1-A.4.17. The contractor’s capability statement should not copy or restate directly from the solicitation.

· If Quoter intends to satisfy this requirement through use of a proposed subcontractor(s), Quoter must provide this information for each proposed subcontractor and Quoter must identify what work will be performed by each proposed subcontractor and what work will be performed by Quoter. If no subcontractor(s) are identified, it will be inferred that the requirement will be completed by Quoter’s personnel (in-house employees).

· Gantt Chart.

Pricing (Volume C) The following information shall be included in Volume C

· Proposed pricing shall be submitted on the Price/Cost Schedule of Services (Attachment A)

SUPPLIES OR SERVICES AND PRICES / COSTS

Price Schedule: Contractor shall furnish all labor, supervision, equipment, materials and supplies necessary to provide ground maintenance services at the Ft. Devens Cemetery National Cemetery, 85 Patton Road, Devens, MA. Services will be provided in accordance with all terms, conditions, specifications, requirements, and schedules of the contract, including National Cemetery Administration Standard Operating Procedures and Operational Standards & Measures.

EVALUATION. In accordance with FAR 52.212-2, the Government will award an Indefinite Delivery/Indefinite Quantity (IDIQ) contract resulting from this solicitation to the responsible Quoters whose Quote conforming to the solicitation will be most advantageous to the Government, price and other factors considered. Quotes will be evaluated by lowest price technically acceptable evaluation of quotations in accordance with FAR Overhaul 12.203(C)(2). FAR Parts 14 and 15 are not being used. Award will be made on a lowest-priced, technically acceptable basis. Evaluation factors that establish the requirements of acceptability are specified in this plan and will be included in the solicitation.

Lowest Priced Technically Acceptable When using the lowest price technically acceptable process, the following apply: The evaluation factors and significant subfactors that establish the requirements of acceptability shall be set forth in the solicitation. Solicitations shall specify that award will be made on the basis of the lowest evaluated price of quotes meeting the acceptability standards for non-cost factors.

After receiving all quotes, the CO will determine and document the lowest priced quote and then forward the lowest priced vendor’s technical information to the evaluation team. The technical evaluation team will evaluate the quote in an impartial manner to determine whether it meets the government’s minimum requirements as outlined in the solicitation.

All Quoters are advised that, in the interest of efficiency, the Government reserves the right to conduct the evaluation in the most effective manner. Specifically, the Government will first evaluate the total proposed price of the base term and four-one year option periods. If, the Government will evaluate the non-price factors of the lowest quote for that item. If the lowest priced Quoter’s quote is determined to be Acceptable, the Government will make award to that Quoter without further evaluation of the remaining quotes. If the lowest price quote is determined to be rated Unacceptable, then the Government will evaluate the next lowest price quote, and so forth and so on, until the Government reaches the lowest price quote that is determined to be rated as Acceptable.

If the lowest-priced offer/quote exceeds the aggregate funding set forth in this solicitation, the Contracting Officer may cancel the solicitation without evaluating price or making an acceptability determination. The Contracting Officer may find all quotes not acceptable and cancel the solicitation if the lowest-priced quote exceeds the amount of funding available for the procurement. The Government intends to evaluate quotes and award a contract without discussions with Offerors. However, the Government reserves the right to conduct discussions at any time if determined by the Contracting Officer to be in the Government’s interest.

The quotes will be evaluated strictly in accordance with their written content. Quotes which merely restate the requirement, or state that the requirements will be met without providing supporting rationale are not sufficient. Quoters who fail to meet the minimum requirements of the solicitation, or the statement of work will be rated Unacceptable and thus, ineligible for award. A rating of unacceptable on one item will result in an Unacceptable rating overall.

Price: Price will be evaluated based on price analysis techniques that ensure prices are fair and reasonable. Price reasonableness will be based on competitive quotations or Quoters. Fair and reasonable price describes the price that a prudent businessperson would pay for services under competitive market conditions, given a reasonable knowledge of the marketplace. Quoters will submit a pricing schedule utilizing Attachment A. The price schedule will provide pricing for the base year and subsequent option years. Specifically, the Government will first evaluate the total proposed price of the base term and four-one year option periods. Whenever possible, price reasonableness will be based on competitive quotes.

Options: The Government will evaluate Quoters for award purposes by adding the total price for all options to the total price for the basic requirement. The Government may determine that a Quote is unacceptable if the option prices are significantly unbalanced. The evaluation of options does not obligate the Government to exercise the option(s). Unbalanced refers to a situation where an Quoters places unreasonably high values on certain items and an unreasonable low value on others within a unit price contract. An unbalanced Quote may be rejected if it raises concerns about the overall cost effectiveness of the Quote, as it could lead to the Government paying unreasonably high prices for contract performance.

Before the offer's specified expiration time, the Government may accept an offer (or part of an offer), whether or not there are negotiations after its receipt, unless a written notice of withdrawal is received before award.

1. Non-price Factor Evaluation Approach: The evaluation process will consider the extent to which the quote demonstrates a clear understanding of the non-price factors involved in meeting the solicitation requirements, and whether the Quoter can effectively manage the Statement of Work and defined and satisfied the requirements in the solicitation.

Factor A: Technical Approach and Understanding of the Work: Acceptable/Unacceptable Ratings:

Offer shall be evaluated in accordance with the criteria contained in the Statement of Work and on how well the technical approach meets the Government requirements. Technical approaches will be evaluated for the following:

1. A1: The vendor shall demonstrate experience and expertise in performing Grounds Maintenance Services at a National Cemetery.

Quotes shall provide a narrative demonstrating their experience providing Grounds Maintenance Services. At the minimum, narrative shall include the following:

a. A narrative that describes the company’s experience providing ground maintenance services at a National Cemetery. List a minimum of three (3) contracts that are within the last five (5) years that detail the company’s experience in performing supervision, labor, materials, tools, equipment and supplies to deliver comprehensive grounds maintenance services for mowing, trimming, irrigation system maintenance, edging, bump and run, headstone & marker cleaning, grave excavation, leaf, trash removal, snow and ice removal, flag placement and removal, and debris removal, and sweeping roads and sidewalks, while also ensuring the health and aesthetics of turf, trees, shrubs and plants.

b. The narrative shall include a Work Plan/Staffing Plan to accomplish the required services to include submitting methodology; Specific tasks and responsibilities that will be utilized by the Contractor.

· Man Hours. Estimate as to the total amount of labor hours required in the performance of the service.

· List of ground maintenance equipment/vehicles that identifies quantity, make, and model to be utilized during the performance of the contract. Ground maintenance equipment must also meet safety, efficiency, and compliance with local, state and federal regulations.

· This includes certifications and permits from qualified professionals that have specialized training. Permits and certification information that allows contractors to perform specific activities or operations regulated by law and ensures compliance with local, state, and federal regulations.

c. The narrative shall address performing Grounds Maintenance Services that are comparable in size and complexity to Ft. Devens National Cemetery. For each, provide a narrative how they are similar to the requirement of this solicitation.

d. If Quoter intends to satisfy this requirement through use of a proposed subcontractor(s), Quoter must provide this information for each proposed subcontractor and Quoter must identify what work will be performed by each proposed subcontractor and what work will be performed by Quoter. If no subcontractor(s) are identified, it will be inferred that the requirement will be completed by Quoter’s personnel (in-house employees).

e. Gantt Chart needs to demonstrate the amount of work done or production completed in certain periods of time to include personnel and equipment in relation to the amount planned for those periods within the initial base year. Subsequent Option Year’s Gantt Chart will be provided by the awardee prior to the exercise of the Option Years.

Rating: Acceptable/Unacceptable

2. A2: The vendor shall provide a resume for a technically acceptable “Site Manager”.

The Contractor must provide an English-speaking site manager who will be on-site at all times during contract performance. The site manager's responsibilities include the following: Directing, overseeing, and coordinating work. Staying informed of upcoming cemetery functions, including special events and interments. Ensuring that contract work does not cause delays or disruptions to committal services, ceremonies, processions, or visits, preserving the dignity, security, and safety of these events. Managing work throughout the cemetery to ensure efficient use of labor and equipment, avoiding downtime. Maintaining strong communication with the COR. The resume shall address everything listed below:

· Quote shall provide a resume and supporting documentation proving that the key personnel satisfy the qualification requirements:

· On-Site Manager shall have a minimum of four (4) years of supervision of Grounds Maintenance supervising a minimum of five (5) personnels at one time. SOW A.6(d).

· Quoter shall provide a narrative that describes the On-Site Manager experience:

a. Directing, overseeing, and coordinating the work.

b. How the On-Site Supervisor will stay informed of upcoming cemetery functions, including special events and interments.

c. How the On-Site Supervisor ensures that contract work does not cause delays or disruptions to committal services, ceremonies, processions, or visits, preserving the dignity, security, and safety of these events.

d. How the On-Site Supervisor will manage work throughout the cemetery to ensure efficient use of labor and equipment, avoiding downtime.

e. How the On-Site Supervisor will maintain strong communication with the COR.

Rating: Acceptable/Unacceptable

3. A3: The vendor’s quote shall be in accordance with the Grounds Maintenance procedures as described in Attachment B- SOW Grounds Maintenance Ft. Devens National Cemetery for Section A.1-A.4.17. The contractor’s capability statement shall demonstrate how it will meet the technical requirements listed under the technical approach in accordance with the Grounds Maintenance procedures as described in the SOW for Section A.1-A.4.17.

Rating: Acceptable/Unacceptable To confirm eligibility for contract award, CO shall conduct responsibility determinations of offers/quotes in accordance with FAR 9.104-1. Per FAR 9.104-1(c) to be determined responsible, offeror/quoters must have a satisfactory performance record. However, a prospective contractor shall not be determined responsible or non-responsible based solely on a lack of relevant performance history.

(End of provision)

SOLICITATION PROVISIONS AND CONTRACT CLAUSES

52.212-4 Contract Terms and Conditions-Commercial Products and Commercial Services (NOV 2023)(DEVIATION OCT 2025) Addendum to FAR 52.212-4 52.252-2 Clauses Incorporated by Reference (FEB 1998) https://www.acquisition.gov/far-overhaul/far-part-deviation-guide/far-overhaul-part-52#FAR_52_252_2 (FAR) and http://www.va.gov/oal/library/vaar/index.asp (VAAR)

FAR CLAUSES

52.202-1 Definitions (NOV 2020) 52.203-6 ALT I. Restrictions on Subcontractor Sales to the Government (NOV 2021) 52.203-16 Preventing Personal Conflicts of Interest (JUN 2020) 52.203-17 Contractor Employee Whistleblower Rights (NOV 2023) 52.203-19 Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements (JAN 2017) 52.204-7 System for Award Management—Registration (NOV 2024) ALT 1 (OCT 2018) (DEVIATION NOV 2025)52.212-4 52.204-9 Personal Identity Verification of Contractor Personnel (Jan 2011) 52.204-13 System for Award Management Maintenance (OCT 2018) (DEVIATION NOV 2025) 52.209-6 Protecting the Government's Interest When Subcontracting With Contractors Debarred, Suspended, Proposed for Debarment, or Voluntarily Excluded. (JAN 2025) (DEVIATION NOV 2025) 52.209-9 Updates of Publicly Available Information Regarding Responsibility Matters. (OCT 2018) (DEVIATION NOV 2025) 52.209-10 Prohibition on Contracting With Inverted Domestic Corporations (NOV 2015) (DEVIATION NOV 2025)

51.216-18 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 5/1/2026 through 4/30/2031.

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

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

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

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

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

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

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

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

(End of clause)

52.216-19 Order Limitations (Oct 1995)

(a) Minimum order. When the Government requires supplies or services covered by this contract in an amount of less than $5,000, 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 $500,0000

(2) Any order for a combination of items in excess of $2,000,000 or

(3) A series of orders from the same ordering office within 5 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 5 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) (DEVIATION NOV 2025)

(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 ordering period of this contract and not completed within that period shall be completed by the Contractor within the time specified in the order, which may include order options to be exercised after the ordering period of this contract but before the end of the period of performance of the order. The contract shall govern the Contractor's and Government's rights and obligations with respect to that order, including options exercised, to the same extent as if the order were completed during the contract's ordering period; provided, that the Contractor shall not be required to make any deliveries under this contract after 10/30/2031.

(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.

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

(a) The Government may extend the term of this contract by written notice to the Contractor within 30 days; provided that the Government gives the Contractor a preliminary written notice of its intent to extend at least 60 days before the contract expires. The preliminary notice does not commit the Government to an extension.

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

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

(End of clause)

52.219-6 Notice of Total Small Business Set-Aside. (NOV 2020) (DEVIATION NOV 2025) 52.219-8 Utilization of Small Business Concerns. (JAN 2025) (DEVIATION NOV 2025) 52.219-9 Small Business Subcontracting Plan. (JAN 2025) (DEVIATION OCT 2025)

52.219-14 Limitations on Subcontracting. (OCT 2022) (DEVIATION NOV 2025) As prescribed in 19.104-3(c), insert the following clause:

(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 sections 19.105, 19.106, 19.107, and 19.108;

(4) Orders expected to exceed the simplified acquisition threshold and that are set aside for small business concerns under multiple-award contracts, as described in 8.4 and 16.5;

(5) Orders, regardless of dollar value, that are set aside in accordance with sections 19.105, 19.106, 19.107, and 19.108 under multiple-award contracts, as described in 8.4 and 16.5; and

(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) 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.]

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

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

(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)

52.219-16 Liquidated Damages-Subcontracting Plan. (SEP 2021) (DEVIATION NOV 2025)

52.219-27 Notice of Set-Aside for, or Sole-Source Award to, Service-Disabled Veteran-Owned Small Business (SDVOSB) Concerns Eligible Under the SDVOSB Program. (OCT 2025) (DEVIATION NOV 2025)

(a) Definition.

Service-disabled veteran-owned small business (SDVOSB) concern means a small business concern— (1)

(i) Not less than 51 percent of which is owned and controlled 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; and

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

(2) A small business concern eligible under the SDVOSB Program in accordance with 13 CFR part 128 (see FAR 19.106).

(3) Service-disabled veteran, as used in this definition, 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) and who is registered in the Beneficiary Identification and Records Locator Subsystem, or successor system that is maintained by the Department of Veterans Affairs’ Veterans Benefits Administration, as a service-disabled veteran.

Service-disabled veteran-owned small business (SDVOSB) concern eligible under the SDVOSB Program means an SDVOSB concern that is designated in the System for Award Management (SAM) as certified by the Small Business Administration (SBA) in accordance with 13 CFR 128.300.

Service-disabled veteran-owned small business (SDVOSB) Program means a program that authorizes contracting officers to limit competition, including award on a sole-source basis, to SDVOSB concerns eligible under the SDVOSB Program.

FAR Class Deviation 26-03 for FAR Part 19 in Support of Executive Order on Restoring Common Sense to Federal Procurement, Attachment 1: FAR Part 19 Solicitation Provisions and Contract Clauses Revisions FAR Class Deviation 26-03

(b) Applicability. This clause applies only to—

(1) Contracts that have been set aside for, or awarded on a sole-source basis to, SDVOSB concerns eligible under the SDVOSB Program;

(2) Part or parts of a multiple-award contract that have been set aside for SDVOSB concerns eligible under the SDVOSB Program; and

(3) Orders set aside for SDVOSB concerns eligible under the SDVOSB Program, under multiple-award contracts as described in 8.4 and 16.5.

(c) General.

(1) Offers are solicited only from concerns designated in SAM as SDVOSB concerns certified by SBA. Offers received from concerns that are not SDVOSB concerns certified by SBA will not be considered.

(2) Any award resulting from this solicitation will be made only to a concern designated in SAM as an SDVOSB certified by SBA.

(d) A joint venture may be considered an SDVOSB concern if the managing partner of the joint venture complies with the criteria defined in paragraph (a) of this clause and 13 CFR 128.402.

(e) In a joint venture that complies with paragraph (d) of this clause, the SDVOSB party or parties to the joint venture shall perform at least 40 percent of the work performed by the joint venture. Work performed by the SDVOSB party or parties to the joint venture must be more than administrative functions.

(End of clause)

52.219-28 Postaward Small Business Program Representation (OCT 2025) (DEVIATION NOV 2025)

52.222-3 Convict Labor(JUN 2003)(DEVIATION NOV 2025)

Construction Wage Rate Requirements Clauses in accordance with RFO FAR 22.204-1

52.222-6 Construction Wage Rate Requirements (AUG 2018) (DEVIATION FEB 2025)

As prescribed in 22.402-4(a)(1), insert the following clause:

(a) Definition.—"Site of the work"—(1) Means—

(i) The primary site of the work. The physical place or places where the construction called for in the contract will remain when work on it is completed; and

(ii) The secondary site of the work, if any. Any other site where a significant portion of the building or work is constructed, provided that such site is-

(A) Located in the United States; and

(B) Established specifically for the performance of the contract or project;

(2) Except as provided in paragraph (3) of this definition, includes any fabrication plants, mobile factories, batch plants, borrow pits, job headquarters, tool yards, etc., provided-

(i) They are dedicated exclusively, or nearly so, to performance of the contract or project; and

(ii) They are adjacent or virtually adjacent to the "primary site of the work" as defined in paragraph (a)(1)(i), or the "secondary site of the work" as defined in paragraph (a)(1)(ii) of this definition;

(3) Does not include permanent home offices, branch plant establishments, fabrication plants, or tool yards of a Contractor or subcontractor whose locations and continuance in operation are determined wholly without regard to a particular Federal contract or project. In addition, fabrication plants, batch plants, borrow pits, job headquarters, yards, etc., of a commercial or material supplier which are established by a supplier of materials for the project before opening of bids and not on the Project site, are not included in the "site of the work." Such permanent, previously established facilities are not a part of the "site of the work" even if the operations for a period of time may be dedicated exclusively or nearly so, to the performance of a contract.

(b)(1) All laborers and mechanics employed or working upon the site of the work will be paid unconditionally and not less often than once a week, and without subsequent deduction or rebate on any account (except such payroll deductions as are permitted by regulations issued by the Secretary of Labor under the Copeland Act (29 CFR Part 3)), the full amount of wages and bona fide fringe benefits (or cash equivalents thereof) due at time of payment computed at rates not less than those contained in the wage determination of the Secretary of Labor which is attached hereto and made a part hereof, or as may be incorporated for a secondary site of the work, regardless of any contractual relationship which may be alleged to exist between the Contractor and such laborers and mechanics.