Combined Synopsis Solicitation Western New York National Cemetery Rock Salt Delivery.docx

Combined Synopsis/Solicitation Notice

GENERAL INFORMATION:

Option 3: 1 August 2029- 31 July 2030 Option 4: 1 August 2030- 31 July 2031

Place of Performance: Western New York National Cemetery (WNYNC) 1254 Indian Fall Road Corfu, NY 14036

Attachment A – Price-Cost Schedule Road Salt Attachment B- WNYNC Road Salt Supply Delivery SOW Attachment C-Subcontractor Participation Document Attachment D- NCA Operational Standards and Measures Guidebook Dec 2023

This is a combined synopsis/solicitation for commercial services prepared in accordance with part 12 overhaul. This announcement constitutes the only solicitation. Quoters are being requested and a separate written solicitation will not be issued. Solicitation number 36C78626Q50102 is issued as a Request for Quote(RFQ), for road salt delivery at Western New York National Cemetery. This acquisition is set-aside for Services Disabled Veteran Owned Business (SDVOSB) under NACIS code 325998 All Other Miscellaneous Chemical Product and Preparation Manufacturing. The Business Size Standard is 650 Employees. 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 October 1, 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 Western New York National Cemetery (WNYNC), 1254 Indian Fall Road, Corfu, NY 14036.

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, 4/10/2026 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 and ccd to Joselito.Roman@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://search.certifications.sba.gov/. 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 4/20/2026. 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 $1,000. The maximum aggregate value of the contract, inclusive of the Five One-Year ordering periods, shall not exceed $300,000. 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.

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 Road Salt. 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 RFQ 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 providing a signed copy of the Amendment(s) SF30. 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 852.219-76 VA Notice of Limitations on Subcontracting - Certificate of Compliance for Supplies and Products. 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.

· 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 SF-50. Failure to comply shall result in the quoter being considered Non-Responsive and ineligible for award.

· One (1) Copy of Completed VAAR Clause 852.219-76 VA Notice of Limitations on Subcontracting - Certificate of Compliance for Supplies and Products” 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 road salt delivery. List a minimum of three (3) contracts that detail the company’s experience in performing supervision, labor, materials, tools, equipment, and supplies to deliver road salt in bulk.

· A narrative must be provided to address the Road Salt Specifications.

· Road salt (pure sodium chloride) in bulk shall be totally covered with a waterproof, non-porous tarpaulin, or similar sheeting material. Torn, ripped, or mesh coverings may be cause for rejection of shipment. Also, evidence of free-flowing water/brine in shipments may be cause for rejection.

· Road salt shall be received in a free-flowing and usable condition. Upon inspection of delivered road salt, the material shall be uniform in appearance, free flowing, and free from visual evidence of foreign matter including but not limited to dirt, stone, chips, trash, and/or any other material that could reasonably be expected to interfere with the use, handling, or storage of the road salt.

· 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).

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 road salt delivery at the 1254 Indian Fall Road, Corfu, NY 14036. Supplies 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. 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 quote's specified expiration time, the Government may accept a quote (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 providing road salt delivery.

Quotes shall provide a narrative to describe the company’s relevant experience providing road salt delivery. List a minimum of three (3) contracts that detail the company’s experience in performing supervision, labor, materials, tools, equipment, and supplies to deliver road salt in bulk.

2. A2: A narrative must be provided to address the Road Salt Specifications.

· Road salt (pure sodium chloride) in bulk shall be totally covered with a waterproof, non-porous tarpaulin, or similar sheeting material. Torn, ripped, or mesh coverings may be cause for rejection of shipment. Also, evidence of free-flowing water/brine in shipments may be cause for rejection.

· Road salt shall be received in a free-flowing and usable condition. Upon inspection of delivered road salt, the material shall be uniform in appearance, free flowing, and free from visual evidence of foreign matter including but not limited to dirt, stone, chips, trash, and/or any other material that could reasonably be expected to interfere with the use, handling, or storage of the road salt.

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) 52.203-16 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)

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 8/1/2026 through 7/31/2031.

(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 $1,000, 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 $75,000

(2) Any order for a combination of items in excess of $300,000 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 01/31/2032.

(End of clause)

52.217-6 Option for Increased Quantity (MAR 1989) As prescribed in 17.208(d), insert a clause substantially the same as the following:

Option for Increased Quantity (Mar 1989)

The Government may increase the quantity of supplies called for in the Schedule at the unit price specified. The Contracting Officer may exercise the option by written notice to the Contractor within 10 day. Delivery of the added items shall continue at the same rate as the like items called for under the contract, unless the parties agree.

(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)

52.219-27 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) 52.219-33 Nonmanufacturer Rule. (SEP 2021) (DEVIATION NOV 2025)

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

52.222-19 Child Labor-Cooperation with Authorities and Remedies. (JAN 2025) (DEVIATION NOV 2025) 52.222-35 Equal Opportunity for Veterans. (JUN 2020) (DEVIATION NOV 2025) 52.222-36 Equal Opportunity for Workers with Disabilities. (JUN 2020) (DEVIATION NOV 2025) 52.222-37 Employment Reports on Veterans. (JUN 2020) (DEVIATION NOV 2025) 52.222-50 Combating Trafficking in Persons. (NOV 2021) (DEVIATION OCT 2025) 52.222-54 Employment Eligibility Verification. (JAN 2025) (DEVIATION NOV 2025) 52.222-62 Paid Sick Leave Under Executive Order 13706. (JAN 2022) (DEVIATION NOV 2025)

52.223-1 Biobased Product Certification. (MAY 2024) (DEVIATION NOV 2025) 52.223-3 Hazardous Material Identification and Material Safety Data (Feb 2021) (DEVIATION FEB 2025)

As prescribed in 23.303, insert the following clause:

(a) "Hazardous material," as used in this clause, includes any material defined as hazardous under the latest version of Federal Standard No.313 (including revisions adopted during the term of the contract).

(b) The Quoter must list any hazardous material, as defined in paragraph (a) of this clause, to be delivered under this contract. The hazardous material shall be properly identified and include any applicable identification number, such as National Stock Number or Special Item Number. This information shall also be included on the Material Safety Data Sheet submitted under this contract.

Material (If none, insert None)

Identification No.

(c) This list must be updated during performance of the contract whenever the Contractor determines that any other material to be delivered under this contract is hazardous.

(d) The apparently successful Quoter agrees to submit, for each item as required prior to award, a Material Safety Data Sheet, meeting the requirements of 29 CFR 1910.1200(g) and the latest version of Federal Standard No.313, for all hazardous material identified in paragraph (b) of this clause. Data shall be submitted in accordance with Federal Standard No.313, whether or not the apparently successful Quoter is the actual manufacturer of these items. Failure to submit the Material Safety Data Sheet prior to award may result in the apparently successful Quoter being considered no responsible and ineligible for award.

(e) If, after award, there is a change in the composition of the item(s) or a revision to Federal Standard No.313, which renders incomplete or inaccurate the data submitted under paragraph (d) of this clause, the Contractor shall promptly notify the Contracting Officer and resubmit the data.

(f) Neither the requirements of this clause nor any act or failure to act by the Government shall relieve the Contractor of any responsibility or liability for the safety of Government, Contractor, or subcontractor personnel or property.

(g) Nothing contained in this clause shall relieve the Contractor from complying with applicable Federal, State, and local laws, codes, ordinances, and regulations (including the obtaining of licenses and permits) in connection with hazardous material.

(h) The Government’s rights in data furnished under this contract with respect to hazardous material are as follows:

(1) To use, duplicate and disclose any data to which this clause is applicable. The purposes of this right are to-

(i) Apprise personnel of the hazards to which they may be exposed in using, handling, packaging, transporting, or disposing of hazardous materials;

(ii) Obtain medical treatment for those affected by the material; and

(iii) Have others use, duplicate, and disclose the data for the Government for these purposes.

(2) To use, duplicate, and disclose data furnished under this clause, in accordance with paragraph (h)(1) of this clause, in precedence over any other clause of this contract providing for rights in data.

(3) The Government is not precluded from using similar or identical data acquired from other sources.

(End of clause)

Alternate I (July 1995). If the contract is awarded by an agency other than the Department of Defense, add the following paragraph (i) to the basic clause:

(i) Except as provided in paragraph (i)(2), the Contractor shall prepare and submit a sufficient number of Material Safety Data Sheets (MSDS's), meeting the requirements of 29 CFR 1910.1200(g) and the latest version of Federal Standard No.313, for all hazardous materials identified in paragraph (b) of this clause.

(1) For items shipped to consignees, the Contractor shall include a copy of the MSDS's with the packing list or other suitable shipping document which accompanies each shipment. Alternatively, the Contractor is permitted to transmit MSDS's to consignees in advance of receipt of shipments by consignees, if authorized in writing by the Contracting Officer.

(2) For items shipped to consignees identified by mailing address as agency depots, distribution centers or customer supply centers, the Contractor shall provide one copy of the MSDS's in or on each shipping container. If affixed to the outside of each container, the MSDS's must be placed in a weather resistant envelope.

52.223-5 Pollution Prevention and Right-to-Know Information (MAY 2024) 52.223-23 Sustainable Products. (MAY 2024) (DEVIATION NOV 2025) 52.225-1 Buy American-Supplies (OCT 2022) (DEVIATION NOV 2025) 52.226-8 Encouraging Contractor Policies to Ban Text Messaging While Driving. (MAY 2024)

52.229-3 Federal, State, and Local Taxes (FEB 2013) (DEVIATION SEP 2025)

52.232-18 Availability of Funds (APR 1984) As prescribed in 32.706-1(a), insert the following clause:

Availability of Funds (Apr 1984)

Funds are not presently available for this contract. The Government’s obligation under this contract 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 until funds are made available to the Contracting Officer for this contract and until the Contractor receives notice of such availability, to be confirmed in writing by the Contracting Officer.

(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 9/30/2026. 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 contract beyond 9/30/2026, 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.

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) 52.233-3 Protest after Award. (AUG 1996) (DEVIATION NOV 2025) 52.233-4 Applicable Law for Breach of Contract Claim. (OCT 2004) (DEVIATION NOV 2025) 52.237-2 Protection of Government Buildings, Equipment, and Vegetation (APR 1984) 52.237-3 Continuity of Services (JAN 1991) 52.240-91 Security Prohibitions and Exclusions. (DEVIATION NOV 2025)

Establish Paid Sick Leave for Federal Contractors – EO 13706 eCFR :: 29 CFR Part 13 – Establishing Paid Sick Leave for Federal Contractors https://www.ecfr.gov/current/title-29/section-13.11

Increasing the Minimum Wage for Federal Contractors – EO 14026 eCFR :: 29 CFR Part 23 – Increasing the Minimum Wage for Federal Contractors https://www.ecfr.gov/current/title-29/section-23.110

52.244-6 Subcontracts for Commercial Products and Commercial Services. (JAN 2025) (DEVIATION OCT 2025)

52.252-6 Authorized Deviations in Clauses (NOV 2020)

(a) The use in this solicitation or contract of any Federal Acquisition Regulation (48 CFR Chapter 1) clause with an authorized deviation is indicated by the addition of "(DEVIATION)" after the date of the clause.

(b) The use in this solicitation or contract of any VA Acquisition Regulation (VAAR) 48 CFR Chapter 8 clause with an authorized deviation is indicated by the addition of "(DEVIATION)" after the name of the regulation.

(End of clause)

VAAR Clauses 852.201-70 Contracting Officers Representative (DEC 2022) 852.203-70 Commercial Advertising (MAY 2018)

852.204-70 PERSONAL IDENTITY VERIFICATION OF CONTRACTOR PERSONNEL (MAY 2020)

852.211-72 Technical Industry Standards (NOV 2018) VAAR 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.

(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

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

(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) VA Notice of Limitations on Subcontracting - Certificate of Compliance for Supplies and Products (NOV 2022)

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

(1) If awarded a contract (see FAR 2.101 definition), it will comply with the limitations on subcontracting requirement as provided in the solicitation and the resultant contract, as follows: [Offeror check the appropriate box]

(i) □ In the case of a contract for supplies or products (other than from a non-manufacturer of such supplies), it will not pay more than 50% of the amount paid by the government to it to firms that are not VIP-listed SDVOSBs as set forth in 852.219-73 or VOSBs as set forth in 852.219-74. Any work that a similarly situated VIP-listed subcontractor further subcontracts will count towards the 50% subcontract amount that cannot be exceeded. Cost of materials are excluded and not considered to be subcontracted.

(ii) □ In the case of a contract for supplies from a nonmanufacturer, it will supply the product of a domestic small business manufacturer or processor, unless a waiver as…