QSE_36C78626Q50180.pdf
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- Houston National Cemetery Tree Service Federal contract opportunity
- Solicitation number
- 36C78626Q50180
About this file
This is a Request for Quote (RFQ) for tree maintenance services at Houston National Cemetery in Houston, Texas. The solicitation number is 36C78626Q50180, with an offer due date of May 18, 2026, at 11:00 AM CT. The acquisition is set aside 100% for Service-Disabled Veteran-Owned Small Businesses (SDVOSB) and is unrestricted for small business concerns with a size standard of 9.5 million dollars under NAICS code 561730 (landscaping/groundskeeping services).
The contract requires a firm fixed-price award for tree maintenance services to be performed during the period of June 15, 2026, through August 31, 2026. Work includes removal of three large trees (height greater than 40 feet and DBH greater than 24 inches), routine pruning of 64 large trees, deadwood pruning of 51 trees across two categories, stump removal, topsoil fill, cleanup, and debris disposal. All work must comply with Best Management Practices for Tree Pruning and ANSI A300 standards. A certified arborist (certified by the International Society of Arboriculture) with a minimum of three years' direct supervisory experience in commercial tree maintenance must serve as the site manager. The contractor must supply all labor, equipment, materials, and tools. A mandatory site visit is scheduled for May 7, 2026, at 10:00 AM at Houston National Cemetery. Evaluation will be based on technical approach and understanding of work, past performance on similar projects within the last five years, and price (lowest price technically acceptable). Vendor questions must be submitted by May 8, 2026, at 9:00 AM CT, and answers will be provided by May 13, 2026. All vendors must be actively registered in SAM.gov at the time of quote submission and award.
View the file
Other files for this federal contract opportunity
| File | Type | Posted |
|---|---|---|
| 36C78626Q50180 0001 Q and A.pdf | ||
| 36C78626Q50180 0001.pdf | ||
| TreeMaint Map FY26 Houston.pdf | ||
| TreeMaintWorksheet FY26 Houston FINAL.xlsx | XLSX spreadsheet |
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Text version
Document Number: 36C78626Q50180 Page 1 of 70
SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES
NOTE: OFFEROR TO COMPLETE BLOCKS 12, 17, 23, 24 & 30 1. REQUISITION NUMBER
F367463-26-2000028
PAGE 1 OF
5. SOLICITATION NUMBER
36C78626Q50180
2. CONTRACT NUMBER 3. AWARD/EFFECTIVE DATE 4. ORDER NUMBER 6. SOLICITATION ISSUE
DATE
05/01/2026
7. FOR SOLICITATION
INFORMATION CALL:
a. NAME David Hester
b. TELEPHONE NUMBER (No collect calls) 8. OFFER DUE DATE / LOCAL
TIME
05/18/2026 11:00
CODE 36C786
NATIONAL CEMETERY ADMIN (786)
NATIONAL CEMETERY ADMINISTRATION
DEPT OF VETERANS AFFAIRS
18434 JOPLIN RD.
TRIANGLE, VA 22172
9. ISSUED BY UNRESTRICTED OR X SET ASIDE: 100.00 % FOR
SMALL BUSINESS
HUBZONE SMALL
BUSINESS
X SERVICE-DISALBED
VETERAN-OWNED
SMALL BUSINESS
(SDVOSB)
WOMEN-OWNED SMALL
BUSINESS (WOSB)
ECONOMICALLY DISADVANTAGED WOMEN-
OWNED SMALL BUSINESS (EDWOSB)
8(A)
NORTH AMERICAN INDUSTRY
CLASSIFICATION STANDARD
(NAICS): 561730
SIZE STANDARD: 9.5 million
10. THE ACQUISITION IS
SEE
SCHEDULE
11. DELIVERY FOR FREE ON BOARD
(FOB) DESTINATION UNLESS BLOCK IS
MARKED
0 Days: 0.00 %
0 Days: 0.00 % 0 Days: 0.00 % 0 Days: 0.00 %
12. DISCOUNT TERMS
13a. THIS CONTRACT IS
RATED ORDER UNDER THE
DEFENSE PRIORITIES AND
ALLOCATIONS SYSTEM –
DPAS (15 CFR 700)
13b. RATING
X REQUEST
FOR
QUOTE
(RFQ)
INVITATION
FOR BID
(IFB)
REQUEST
FOR
PROPOSAL
(RFP)
14. METHOD OF SOLICITATION
367463CODE15. DELIVER TO
HOUSTON NATIONAL CEMETERY (851)
DEPT OF VETERANS AFFAIRS (851)
HOUSTON NATIONAL CEMETERY
10410 VETERANS MEMORIAL DR.
HOUSTON, TX 77038
CODE 36913216. ADMINISTERED BY
NATIONAL CEMETERY ADMINISTRATION
DEPT OF VETERANS AFFAIRS
18434 JOPLIN RD.
TRIANGLE, VA 22172
FACILITY
CODE
CODE
TELEPHONE NUMBER
17a. CONTRACTOR/
OFFEROR
NCA-VACOCODE18a. PAYMENT WILL BE MADE BY
TUNGSTEN
http://www.tungsten-network.com/customer-campaigns/ veterans-affairs/
17b. CHECK IF REMITTANCE IS DIFFERENT AND PUT SUCH ADDRESS IN
OFFER SEE ADDENDUM
18b. SUBMIT INVOICES TO ADDRESS SHOWN IN BLOCK 18a UNLESS BLOCK BELOW IS
CHECKED
19. ITEM NUMBER 20. SCHEDULE OF SUPPLIES/SERVICES
(Use Reverse and/or Attach Additional Sheets as Necessary)
21. QUANTITY 22. UNIT 23. UNIT PRICE 24. AMOUNT
Please fill-out and sign the clause 852.219-75 on page 55. If not filled out, the offer will be consider unresponsive.
25. ACCOUNTING AND APPROPRIATION DATA 26. TOTAL AWARD AMOUNT (For Government Use Only)
27a. SOLICITATION INCORPORATES BY REFERENCE (FEDERAL ACQUISITION REGULATION) FAR 52.212-1, 52.212-4. FAR 52.212-3
AND 52.212-5 ARE ATTACHED. ADDENDA
ARE ARE NOT ATTACHED
27b. CONTRACT/PURCHASE ORDER INCORPORATES BY REFERENCE FAR 52.212-4. FAR 52.212-5 IS ATTACHED. ADDENDA ARE ARE NOT ATTACHED
X 28. CONTRACTOR IS REQUIRED TO SIGN THIS DOCUMENT AND RETURN __1__ COPIES TO
ISSUING OFFICE. CONTRACTOR AGREES TO FURNISH AND DELIVER ALL ITEMS SET FORTH
OR OTHERWISE IDENTIFIED ABOVE AND ON ANY ADDITIONAL SHEETS SUBJECT TO THE
TERMS AND CONDITIONS SPECIFIED.
29. AWARD OF CONTRACT: REFERENCE _____________________________
OFFER DATED _________________ . YOUR OFFER ON SOLICITATION (BLOCK
5) INCLUDING ANY ADDITIONS OR CHANGES WHICH ARE SET FORTH
HEREIN, IS ACCEPTED AS TO ITEMS:
30a. SIGNATURE OF OFFEROR/CONTRACTOR 31a. UNITED STATES OF AMERICA (SIGNATURE OF CONTRACTING OFFICER)
30b. NAME AND TITLE OF SIGNER (TYPE OR PRINT) 30c. DATE SIGNED 31b. NAME OF THE CONTRACTING OFFICER (TYPE OR PRINT) 31c. DATE SIGNED
AUTHORIZED FOR LOCAL REPRODUCTION
PREVIOUS EDITION IS NOT USABLE
STANDARD FORM 1449 (REV. 11/2021)
Prescribed by GSA - FAR (48 CFR) 53.212
Document Number: 36C78626Q50180 Page 2 of 70
19.
ITEM NUMBER
20.
SCHEDULE OF SUPPLIES/SERVICES
21.
QUANTITY
22.
UNIT
23.
UNIT PRICE
24.
AMOUNT
32a. QUANTITY IN COLUMN 21 HAS BEEN
RECEIVED INSPECTED ACCEPTED, AND CONFORMS TO THE CONTRACT, EXCEPT AS NOTED: _________________________________
32b. SIGNATURE OF AUTHORIZED GOVERNMENT
REPRESENTATIVE
32c. DATE 32d. PRINTED NAME AND TITLE OF AUTHORIZED GOVERNMENT
REPRESENTATIVE
32e. MAILING ADDRESS OF AUTHORIZED GOVERNMENT REPRESENTATIVE 32f. TELEPHONE NUMBER OF AUTHORIZED GOVERNMENT
REPRESENTATIVE
32g. E-MAIL OF AUTHORIZED GOVERNMENT REPRESENTATIVE
PARTIAL FINAL
33. SHIP NUMBER 34. VOUCHER NUMBER 35. AMOUNT VERIFIED
CORRECT FOR
COMPLETE PARTIAL FINAL
36. PAYMENT 37. CHECK NUMBER
38. S/R ACCOUNT NUMBER 39. S/R VOUCHER NUMBER 40. PAID BY
41a. I CERTIFY THIS ACCOUNT IS CORRECT AND PROPER FOR PAYMENT 42a. RECEIVED BY (Print)
41b. SIGNATURE AND TITLE OF CERTIFYING OFFICER 41c. DATE
42b. RECEIVED AT (Location)
42c. DATE REC'D (YY/MM/DD) 42d. TOTAL CONTAINERS
STANDARD FORM 1449 (REV. 11/2021) BACK
Document Number: 36C78626Q50180 Page 3 of 70
Table of Contents
Section Description Page Number
1 Continuation Sheet 1 Administrative Guidance for Offerors 1 Tree Maint SOW 1 TreeMaint Map FY26 Houston.pdf 1 Tree Maintenance Eval Criteria FY26 Houston.docx 2 Contract Clauses
52.252-2 Clauses Incorporated by Reference (Feb 1998) Deliveries or Performance 52.203-17 Contractor Employee Whistleblower Rights (Nov 2023) 52.203-19 Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements (Jan 2017) 52.209-6 Protecting the Government's Interest When Subcontracting with Contractors Debarred, Suspended, Proposed for Debarment, or Voluntarily Excluded (Jan 2025) 52.209-10 Prohibition on Contracting with Inverted Domestic Corporations (Nov 2015) 52.219-6 Notice of Total Small Business Set-Aside (Nov 2020) 52.219-14 Limitations on Subcontracting (Oct 2022) 52.222-3 Convict Labor (June 2003) 52.222-19 Child Labor-Cooperation with Authorities and Remedies (Jan 2025) 52.222-36 Equal Opportunity for Workers with Disabilities (Jun 2020) 52.222-41 Service Contract Labor Standards (Aug 2018) 52.222-50 Combating Trafficking in Persons (Oct 2025) 52.222-62 Paid Sick Leave Under Executive Order 13706 (Jan 2022) 52.222-90 Addressing DEI Discrimination by Federal Contractors 52.226-8 Encouraging Contractor Policies To Ban Text Messaging While Driving (May 2024) 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) 52.233-4 Applicable Law for Breach of Contract Claim (Oct 2004) 52.244-6 Subcontracts for Commercial Products and Commercial Services (Oct 2025)
852.203-70 COMMERCIAL ADVERTISING (MAY 2018)
852.204-70 PERSONAL IDENTITY VERIFICATION OF CONTRACTOR PERSONNEL (MAY
2020)
852.219-73 VA NOTICE OF TOTAL SET-ASIDE FOR VERIFIED SERVICE-DISABLED
VETERAN-OWNED SMALL BUSINESSES (NOV 2022)
852.219-75 VA NOTICE OF LIMITATIONS ON SUBCONTRACTING-CERTIFICATE OF
COMPLIANCE FOR SERVICES AND CONSTRUCTION (NOV 2022)
852.232-72 ELECTRONIC SUBMISSION OF PAYMENT REQUESTS (NOV 2018)
852.242-71 ADMINISTRATIVE CONTRACTING OFFICER (OCT 2020)
3 Documents, Exhibits, or Attachments 4 Solicitation Provisions
52.252-1 Solicitation Provisions Incorporated by Reference (Feb 1998) 52.203-18 Prohibition on Contracting with Entities that Require Certain Internal Confidentiality Agreements or Statements--Representation (Jan 2017) 52.204-7 System for Award Management (Nov 2024) 52.212-2 Evaluation-Commercial Products and Commercial Services (Nov 2021) 52.216-1 Type of Contract (Apr 1984) 52.217-3 Evaluation Exclusive of Options (Apr 1984)
852.209-70 ORGANIZATIONAL CONFLICTS OF INTEREST (OCT 2020)
852.252-70 SOLICITATION PROVISIONS OR CLAUSES INCORPORATED BY REFERENCE
(JAN 2008)
EOD Wage Determination 2015-5233
Document Number: 36C78626Q50180 Page 4 of 70
Section 1 - Continuation Sheet
Number Supplies or Services Qty Unit Unit Price Total (Inc. disc., tax, and fees) Quantity Price Break
0001 See Description Below
PSC: S208
LANDSCAPING/
GROUNDSKEEPING
SERVICES
3.000000 EA
Description: Large Tree Removal-height >40' AND DBH >24"; tree removal, stump removal, topsoil fill, cleanup and disposal of debris shall provide all labor, tools, materials, and equipment necessary to accomplish tree and/or stump removal, pruning, trimming, cabling, cavity repair, root pruning, and the removal and disposal of resulting waste and debris
Period of Performance: 06/15/2026 - 08/31/2026
Reference Line: F367463-26-2000028 - 0001
Number Supplies or Services Qty Unit Unit Price Total (Inc. disc., tax, and fees) Quantity Price Break
0002 See Description Below
PSC: S208
LANDSCAPING/
GROUNDSKEEPING
SERVICES
64.000000 EA
Description: Large Tree Routine Pruning-height >40' AND DBH >24"; tree pruning, cleanup and disposal of debris shall provide all labor, tools, materials, and equipment necessary to accomplish tree and/or stump removal, pruning, trimming, cabling, cavity repair, root pruning, and the removal and disposal of resulting waste and debris
Period of Performance: 06/15/2026 - 08/31/2026
Reference Line: F367463-26-2000028 - 0002
Number Supplies or Services Qty Unit Unit Price Total (Inc. disc., tax, and fees) Quantity Price Break
0003 See Description Below
PSC: S208
LANDSCAPING/
GROUNDSKEEPING
SERVICES
1.000000 EA
Description: Large Tree Deadwood Pruning 1-height >40' AND DBH >24"; tree pruning, cleanup and disposal of debris shall provide all labor, tools, materials, and equipment necessary to accomplish tree and/or stump removal, pruning, trimming, cabling, cavity repair, root pruning, and the removal and disposal of resulting waste and debris
Period of Performance: 06/15/2026 - 08/31/2026
Reference Line: F367463-26-2000028 - 0003
Number Supplies or Services Qty Unit Unit Price Total (Inc. disc., tax, and fees) Quantity Price Break
0004 See Description Below
PSC: S208
50.000000 EA
Document Number: 36C78626Q50180 Page 5 of 70
Number Supplies or Services Qty Unit Unit Price Total (Inc. disc., tax, and fees) Quantity Price Break
LANDSCAPING/
GROUNDSKEEPING
SERVICES
Description: Large Tree Deadwood Pruning 2-height >40' AND DBH >24"; tree pruning, cleanup and disposal of debris shall provide all labor, tools, materials, and equipment necessary to accomplish tree and/or stump removal, pruning, trimming, cabling, cavity repair, root pruning, and the removal and disposal of resulting waste and debris
Period of Performance: 06/15/2026 - 08/31/2026
Reference Line: F367463-26-2000028 - 0004
Document Number: 36C78626Q50180 Page 6 of 70
ADMINISTRATIVE GUIDANCE FOR OFFERORS
Site Visit:
A site visit is scheduled is 5/7/2026 @10:00 am, the meeting place is the Semicircle in the middle of Houston National Cemetery. The meeting for Vendors shall report to the Parking Lot upon arrival and must arrive on time. Vendors are strongly encouraged to attend the site visit to ensure a full understanding of the requirements. No additional or repeat site visits will be scheduled.
Vendor Questions:
All vendor questions regarding this solicitation shall be submitted by email to the david.hester@va.gov no later 5/8/2026 9:00 am CT. Questions received after this deadline may not be addressed, and answers will be provided via amendment no later than 5/13/2026 on SAM.gov.
Late Quotes:
Late quotes will not be accepted. Vendors are responsible for ensuring that their complete quote is submitted prior to the solicitation closing date and time.
SAM Registration:
Only quotes submitted by vendors that are actively registered in SAM.gov at the time of quote submission and award will be considered. Quotes from vendors that are not actively registered in SAM.gov will be rejected as non-responsive.
Amendments:
Vendors are responsible for monitoring SAM.gov for all solicitation amendments up to the closing date.
Failure to acknowledge or comply with amendments may result in the quote being deemed non-responsive.
Review of the Solicitation:
Vendors shall read the entire solicitation, including all sections, attachments, specifications, and amendments, prior to submitting a quote. Vendors are responsible for ensuring that all requirements are addressed in their submission.
Completeness of Quote:
The Government will evaluate only the information submitted. The Government will not make assumptions about vendor capabilities, technical approaches, or past performance not clearly documented in the quote. Vendors must provide complete, accurate, and detailed responses to all solicitation requirements.
(End of Document)
Document Number: 36C78626Q50180 Page 7 of 70
SCOPE OF WORK
National Cemetery Administration
Houston National Cemetery
Houston, TX 77038
Tree Pruning and Removal
A. GENERAL INFORMATION:
The Department of Veteran Affairs, National Cemetery Administration intends to award a firm, fixed price contract for the procurement of tree maintenance services at Houston National Cemetery and hereafter referred to as “Cemetery”. The Contractor(s) gaining award shall provide all labor, tools, materials, and equipment necessary to accomplish tree and/or stump removal, pruning, trimming, cabling, cavity repair, root pruning, and the removal and disposal of resulting waste and debris for the National Cemeteries listed below, on a one-time basis. The contractor shall provide all professional advice/guidance, parts, materials, equipment, and personnel, to provide these services.
1. LOCATION:
These services will be performed at the following location:
Houston National Cemetery
10410 Veterans Memorial Drive
Houston, TX 77038
2. SITE VISIT:
Offerors / quoters are required to inspect all sites where services are to be performed to verify the work involved and satisfy them regarding all general and local conditions that may affect the cost of contract performance. In no event shall failure to inspect the sites constitute grounds for a claim after contract award.
Visits to the site by bidders may be made only by appointment with the COR or authorized designee of the Cemetery. To conduct a site visit, you must contact one of the following cemetery personnel to make arrangements:
Cemetery (281) 447-8686
Facsimile # (281) 447-0580
3. WORK SUMMARY:
As indicated on the Tree Worksheet (Attachment A) and CLIN Sheet (Attachment B), work to be done to trees shall consist of one or more of the following; tree removal, pruning, trimming, stump removal, and removal and disposal of resulting waste and debris.
- Three (3) large trees are to be removed.
- Sixty-four (64) large trees are to receive routine pruning.
- One (1) tree is to receive deadwood pruning 1.
- Fifty (50) trees are to receive deadwood pruning 2.
4. PERIOD OF PERFORMANCE:
The period of performance for this contract will be from award of contract and/or notice to proceed, until accepted completion by Government which will be no longer than a period of sixty (60) calendar days.
B. GENERAL REQUIREMENTS AND STATEMENT OF WORK:
1. CERTIFIED ARBORIST:
A “Certified Arborist” shall serve as the “site manager” for this contract and will be provided by the Contractor work is being performed - other than trash and debris pick-up. The certified arborist must be certified by International Society of Arboriculture, or other acceptable national or state certifying agency, society, or association. The Contractor shall submit the arborist’s current certificate
Document Number: 36C78626Q50180 Page 8 of 70 to the COR prior to commencing work. The Certified Arborist must have at least three (3) years’ experience as a direct supervisor of a commercial tree maintenance operation that included removal, trimming, and stump removal in commercial, industrial, or public sites. The Certified
Arborist will ensure all specifications are being met, ensure contract work does not conflict with ceremonies and funerals, and ensure employees are adequately supervised and proper conduct is maintained. Any proposed personnel change for the Certified Arborist shall be approved a minimum of ten (10) business days prior to any tree work.
2. TREE MAINTENANCE CATEGORIES:
Tree work is categorized into CLINs by size and maintenance categories.
a. Size Categories:
Small – Trees in this category are 25 feet or less in height AND 12 inches or less in DBH.
Medium – Trees in this category are between 25 and 40 feet in height OR their DBH is between 12 and 24 inches.
Large – Trees in this category exceed 40 feet in height OR 24 inches in DBH.
b. Maintenance Categories:
Deadwood Pruning 1 – Trees in this category will have any deadwood and/or broken branches removed that pose a potential risk that may result in personal injury or property damage. This category includes any trees that contain broken, hanging, dead, or otherwise potentially dangerous limbs generally greater than 4” in diameter or any trees with a significant number of dead branches that require removal. Deadwood pruning requires the removal of all deadwood present in the tree (4) inches in diameter and less.
Deadwood Pruning 2 – Trees in this category will require pruning to remove deadwood and broken branches or living branches to improve the structural integrity of the tree. This category includes any tree with broken, hanging, dead, or otherwise potentially dangerous limbs generally greater than 2” but less than 4” in diameter. Deadwood pruning requires the removal of all deadwood present in the tree (2) inches in diameter and less.
Routine Pruning – Trees in this category include any larger trees (over 20’ in height) with minor amounts of deadwood less than 2” in diameter or with correctable structural problems. Any large trees whose growth pattern may obstruct or interfere with pedestrian or vehicular traffic clearance, traffic control devices, lines of sight, or overhead traffic lines are included in this category. Work under Routine Pruning shall remove 20 to 25% of the tree’s total leaf area by means of one or combination of:
- crown thinning: the selective removal of dead, diseased, broken or weakly attached branches (Crown Cleaning); and the removal of branches to increase light penetration and air movement through the crown; thinning towards the branch tip to reduce the wind-sail effect of foliar clumps in the crown; and thinning to relieve the weight of heavy limbs.
- crown cleaning: The selective removal of dead, diseased, broken or weakly attached branches of any size, and aerial roots. This constitutes regular landscape maintenance pruning that will correct small growth problems before they become larger, more costly problems.
- crown reduction: Pruning to reduce the size of the tree and to provide a symmetrical shape to the tree crown.
- crown raising: The removal of the lower branch of a tree to provide clearance for buildings, signs, vehicles, pedestrians and vistas.
Training Pruning – Trees in this category include young or small trees less than 20’ in height that are in need of training pruning to reduce future structural problems that are listed under routine
Document Number: 36C78626Q50180 Page 9 of 70 pruning. Trees with growth patterns that will eventually obstruct or interfere with turf growth and health, pedestrian or vehicular traffic clearance, and, lines of sight are also included in this category.
Removal – Trees in this category are dead, dying, and diseased or have suffered extensive storm damage and require complete removal, to include stump removal.
Stump Removal - Tree has been removed but stump remains and requires removal.
3. TREE REMOVAL/STUMP GRINDING:
a. Existing trees and stumps indicated on the Tree Work Sheet (See Attachment A) for removal shall be cut down under the instruction/guidance of a Contractor provided Certified Arborist.
b. All trees shall be topped prior to falling and all limbs over 3 ½” in diameter must be lowered to the ground by ropes. The Contractor shall take every precaution to prevent any falling branches or trees from damaging any headstones, adjacent plant material or structures.
c. The stumps are to be ground to a minimum of 6” and a maximum of 8" below soil level, or to the lateral roots, if reached before the specific depth. The Contractor shall never grind the stumps to the depth that would interfere with the roots of any adjacent tree(s) that the Government will retain.
The cavity of the stump is to be filled with high quality, weed free topsoil and tamped to meet the existing grade.
d. All wood, chip particles, and debris from the tree and stump removal shall be cleaned up thoroughly and removed from the cemetery grounds.
e. Any damage or breakage during the performance of these services by the Contractor shall be repaired, replaced, given remedial and/or corrective treatment and cleaned up by the Contractor at the Government’s satisfaction and at no additional cost to the Government.
4. PRUNING/TRIMMING STANDARDS:
a. All work shall comply with: Best Management Practices: Tree Pruning (2018 ISA or latest edition) companion publication to the ANSI A300 (Part 1) -2017 or latest edition: Tree, Shrub, and Other Woody Plant Maintenance – Standard Practices, Pruning.
b. The Contractor is responsible to ensure that all pruning cuts shall be made just outside the collar or shoulder ring (branch bark ridge/swollen trunk collar) close to parent stem so that healing can readily start under normal conditions.
c. The Contractor is responsible to ensure that when reducing the tree height and spread, he/she shall retain the natural shape of the tree by removing the entire lateral branches back to their point of origin also known as drop crotching or thinning.
d. The Contractor is responsible to ensure that all limbs one inch in diameter or over must be precut to prevent splitting. All branches and/or tree material 3 1/2" in diameter or larger shall be lowered by proper lowering methods, such as using ropes.
e. The Contractor is responsible to ensure that all trees shall be pruned and shaped to retain the trees natural crown characteristics and patterns.
f. The Contractor is responsible to ensure that all trees shall have the live branches removed to permit penetration of sunlight and circulation of air through the canopy in conjunction to the aesthetic appearance, natural crown characteristics, and growth patterns.
g. The Contractor is responsible to ensure care when removing living and/or dead crossed or rubbing branches, where practicable, so the removal will not leave large holes in the aesthetic appearance, natural crown characteristics and growth patterns of the tree.
h. The Contractor is responsible to ensure that, when pruning trees known to be diseased or susceptible to diseases, tools are disinfected with alcohol after each cut and between trees, where there is known to be danger of transmitting the disease on the tools.
i. The Contractor is responsible for reporting to the COR all of the following conditions: when old scars are not healing properly; where callus growth is not already established; visible girdling roots, and when there are any structural weaknesses such as but not limited to decayed trunk or branches, and split trunk/branch crotches.
Document Number: 36C78626Q50180 Page 10 of 70
j. The following methods of pruning are NOT acceptable therefore, the contractor is responsible to ensure that these methods are never performed: topping, heading-back, stubbing, de-horning, lion-tailing, and pollarding.
k. The Contractor is responsible to ensure that in lifting the bottom branches of the trees for under clearance, care shall be given to symmetrical appearance, esthetic appearance, natural crown characteristics and growth patterns of the trees.
l. In general, the Contractor shall ensure when reducing the size of a tree and with respect to retaining the tree’s natural crown characteristics and patterns, not more than 1/4 of the total area shall be reduced at a single operation, unless instructed in writing to do so by the COR.
m. The Contractor is required to dispose of all debris and other waste materials generated by his/her work at a licensed off-site landfill or recycling center, unless otherwise directed in writing by the
COR. NOTE: The Government shall NOT provide receptacle(s) for disposal of debris related to this contract.
n. The contractor will take all necessary precautions to prevent damage to trees while performing pruning. The use of climbing spikes is prohibited, unless prior permission is obtained from the
COR in writing, and on a tree by tree basis. This permission will only be granted in cases where there are no other means to access the work to be performed, as determined by the COR.
C. WORK HOURS AND MEETINGS:
All work shall be performed during the normal working hours (8:00 a.m. to 4:30 p.m.), Monday through
Friday, except with the written permission of the COR. All work shall be scheduled and coordinated with the
COR. When emergency situations are caused by the Contractor, then he/she shall make arrangements with the
COR to work on weekends to correct/eliminate the emergency in order to meet the period of performance.
The Government shall not compensate the Contractor for emergency situations caused by the Contractor.
D. RECORD KEEPING AND REPORTING:
1. REQUIRED DOCUMENTATION: The Contractor shall be responsible for obtaining all necessary and current licenses, Arborist certification, permits, vehicular insurance and registration, Workman’s
Compensatory Liability Insurance, property liability insurance etc., prior to the start date of these services. The Contractor gaining award shall provide the Contracting Officer copies of these required documents immediately after award of contract.
2. UTILITY LINES COMPLIANCE: Where pruning/stump grinding/tree removal conflicts with existing utility/service lines (above ground/below ground), the corresponding utilities company/cemetery staff shall be notified and the Contractor shall obtain any necessary permits/ blue prints and cooperate with the utilities company/cemetery staff to avoid any damage or liability, and provide a safe work environment for his/her employees.
3. INSPECTION: At the completion of the work, the COR shall inspect the contracted tree maintenance in the company of the Contractor’s site manager. Work determined by the COR to be incomplete shall be completed by the Contractor at no additional cost to the Government. Disputes arising regarding the status of the work will be reported to the CO for final resolution.
E. GENERAL CONDITIONS:
1. The Contractor is responsible to ensure that all work shall be done in a manner that safeguards all VA visitors, employees, and public. The Contractor shall be solely responsible for any and all actions initiated and/or completed by his/her employees. Furthermore, the Contractor and his/her employees shall have a clear understanding of, and be sensitive to, such environmental issues as ground water contamination, wetlands, etc., and be consistent and fully compliant with all applicable Federal, State, County and City laws, ordinances, Right-to-Know laws, EPA guidelines, and regulations.
2. The Contractor shall be responsible for cleaning any cemetery structures that are soiled or stained as a result of Contractor’s performance. The Contractor shall wash-down with water all soiled or stained structures and grounds at the end of each workday. No hazardous chemicals are to be used at anytime on Government property. The Contractor shall bear all costs associated with washing and cleaning. Any such washing/cleaning shall be brought to the immediate attention of the COR prior to washing/cleaning.
Document Number: 36C78626Q50180 Page 11 of 70
3. At the end of each day the Contractor shall remove all debris from the cemetery site resulting from the work, unless otherwise specified by the COR. The Contractor shall ensure at all times that rubbish and trash generated by the Contractor is kept clear of vehicular and pedestrian traffic throughout the site. NOTE: The Government shall NOT provide receptacle(s) for disposal of debris related to this contract.
4. Adequate warning devices, barricades, guards, flagmen or other necessary precautions shall be provided by the Contractor for the protection, safety, and warning of all pedestrians and vehicular traffic within the area.
5. The Government may undertake or award other contracts for additional work at or near the site of work for this contract. The Contractor shall fully cooperate with any other Contractors and with
Government employees and shall carefully adapt scheduling and performance of work, needing any direction, it shall be provided by the COR. The Contractor is responsible for reporting to the COR any problems or questions that may arise with any other personnel on site during the period of performance of this contract. The Contractor shall not take it upon him or herself to resolve any problems or issues with other on-site Contractors or employees, but rather will leave it to the COR to resolve the issue.
6. The Contractor shall not operate trucks, tractors, and other heavy equipment on any turf area except when authorized in writing by the COR. Contractor shall “Board-in” and “board-out” when moving heavy equipment over turf. That is, the Contractor shall place plywood sheets or mud tracks to protect turf from damage from heavy equipment. Protection boards shall be removed from turf by the close of business each day to avoid damaging turf.
7. Due to the sensitive mission of the cemetery, the work often requires contact with, and exposure to, grieving individuals. Contractor personnel must exercise and exhibit absolute decorum, composure and stability at all times.
8. The Government shall not be responsible for any loss, damage, or theft of contractor items.
Contractor shall be responsible for acceptable standards of housekeeping and custodial maintenance of Department of Veterans Affairs facilities used by Contractor's employees.
9. Electricity and water will be furnished by the Government.
10. The COR may designate an area for the Contractor to use to store a limited amount of supplies or equipment, if available.
11. The COR will designate an area for Contractor employees to take lunch and other breaks.
F. DAMAGE TO GOVERNMENT PROPERTY:
1. Contractors shall be responsible for replacement of any cemetery structure, to include: turf, curb, road pavement, headstone or marker, valve boxes, control markers, sprinkler heads, which is chipped, marred, damaged and/or ruined at the fault of the Contractor. The Contractor shall bear all costs associated with replacement and reinstallation. Any such damage shall be brought to the immediate attention of the appointed COR prior to repair/replacement/installation.
G. CONTRACTOR-FURNISHED ITEMS:
1. The Contractor is responsible for supplying all equipment, personnel, tools, supplies and materials to perform these services. All pruning tools shall be kept sharp and properly functioning.
2. The Contractor is responsible for ensuring that all of his/her motor vehicles and equipment meet State inspection, safety, licensing, registration, and insurance requirements.
H. CONTRACTOR CONDUCT: Contractor personnel shall:
1. Be required to adhere to the following standards of dress, conduct, supervision and training while performing work on Government property. It shall be subject to immediate enforcement action by the
Contracting Officer if these standards are not adhered to during the period of performance of this contract. Contractor shall be responsible for training and safety precautions prescribed by OSHA regarding safety equipment and devices.
2. Be fully clothed at all times, to include upper garment to cover body from the waist to the neck and long pants or slacks. Garments, which have a message, or printing of any kind other than the
Contractor’s business attire, are prohibited. Uniforms are acceptable.
Document Number: 36C78626Q50180 Page 12 of 70
3. Maintain a neat and professional appearance throughout its workforce, vehicles, equipment, and maintenance areas. Uniforms are acceptable. If uniforms are used, they must be in unison among all employees.
4. The Contractor/personnel shall not engage in loud or boisterous behavior, angry outbursts or use profane or abusive language at anytime on Government premises. Playing radios and/or electronic games/devices, shall only be done at lunchtime and in a designated break area. Due to the sensitive mission of the cemetery, Contractor employees will come into daily contact with grieving individuals, therefore Contractor employees will exercise and exhibit absolute decorum, courtesy, and respect while within the cemetery or at its perimeter or entrances. Inquiries from cemetery visitors shall be politely referred to Government cemetery staff. Gratuities of any kind are strictly prohibited.
5. Consume food and beverage only within areas designated by the COR. Intoxication, and violence or criminal acts of any kind will not be tolerated - and is cause for immediate removal from Government property. Use or sale of intoxicating beverages and/or drugs is strictly prohibited, and use of tobacco products is only allowed in specific areas designated by the COR.
6. Contractor employees shall only take breaks/rest periods and lunch breaks at the Contractor Staging
Area, not in the field. Workers are to utilize contractor provided temporary chemical toilet facilities located only in the Contractor Staging Area. Misconduct shall form the basis for immediate contract enforcement action, to include immediate removal from the cemetery.
7. Worker parking: Parking is limited. The COR will designate an area for all contract employees to park. Workers are not allowed to park throughout the cemetery grounds, and violation of this requirement shall form the basis for immediate contract enforcement action, to include immediate removal from the cemetery.
8. The Contractor shall be responsible to ensure that his/her employees (including contractor’s consultants, subcontractors, etc.) are aware of all the terms and conditions set forth above in this solicitation package regarding their performance and conduct during the performance period of this contract.
End of Scope of Work
Document Number: 36C78626Q50180 Page 13 of 70
ATTACHMENTS
Attachment A Tree Worksheet for Fort Sam Houston National Cemetery
Attachment B CLIN Sheet for Fort Sam Houston National Cemetery
Attachment C Site Plan for Fort Sam Houston National Cemetery
Document Number: 36C78626Q50180 Page 14 of 70
Attachment A
Tree Worksheet for Houston National Cemetery
Individual Tree
Section Location Species DBH (in)
Estimated Height
(ft)
CLIN Description Notes Accepted Initials/Date
1 S1/R Median Southern Live
Oak 21 50 002
Large Tree Routine Pruning
2 S1 Pond NW corner Southern Live
Oak 27 60 002
3 S1 corner Pine 23 70 004
Large Tree Deadwood Pruning
4 S1 corner Southern Live
Oak 23 40 004
Large Tree
5 S1 corner Southern Live
Oak 25 60 004
Large Tree
6 S2 1 Southern Live
Oak 28 70 002
7 S2 345 Pine 20 80 004 Large Tree
8 S2 338
Oak 31 70 002
9 S2 317
Oak 26 60 002
10 S1 11 Pine 25 80 002
11 S1 4 Crape Myrtle 16 50 002
12 S1 2nd Pond
Oak 25 50 002
13 S1 2nd Pond
Oak 27 50 002
14 S1 589 Pine 22 80 002
Document Number: 36C78626Q50180 Page 15 of 70
15 S1 757 Pine 16 80 004
16 S1 883 Pine 15 70 004
17 S1 1488
Oak 18 60 002
18 S1 1484 Pine 19 80 001 Large Tree Removal Dead
19 S1 1483 Pine 13 70 001 Large Tree Removal Dead
20 S2 326 Pine 16 80 004 Large Tree
21 S2 330 Pine 20 80 004
22 S2 353 Pine 19 80 002
23 S1 2nd Pond
Oak 25 50 002
24 S1 2nd Pond
Oak 20 50 002
25 S1 3890 Pine 23 70 004
26 S1 3880
Oak 22 60 002
27 S1 3993
Oak 25 60 002
28 S1 3986 Pine 14 70 001 Large Tree Removal Dead
29 S1 3976 Southern Live
Oak 28 60 004
Large Tree Deadwood Pruning
Structural correction to balance canopy weight
30 S1 2164
Oak 34 60 004
Large Tree Deadwood Pruning
31 S1 700
Oak 19 70 002
Document Number: 36C78626Q50180 Page 16 of 70
32 P Median
Oak 28 70 002
33 R2 Median
Oak 30 80 002
34 R2 Median
Oak 34 80 004
Large Tree
35 R2 Median
Oak 30 80 002
36 R2 42
Oak 31 50 004
Large Tree
37 R2 54
Oak 25 50 002
38 C-1 80
Oak 33 80 004
Large Tree Deadwood Pruning
39 C-1 80
Oak 26 50 004
Large Tree
40 C-1 END CAP
Oak 23 50 004
Large Tree
41 R2 575
Oak 29 60 004
Large Tree
42 C-3 1 Crape Myrtle 19 50 004
43 Q 848 Crape Myrtle 15 60 004
44 Q 846 Pine 21 80 002
45 Q 1608
Oak 29 60 002
46 Q 1820
Oak 20 60 004
Large Tree Deadwood Pruning
Document Number: 36C78626Q50180 Page 17 of 70
47 O 1471
Oak 31 60 004
Large Tree Deadwood Pruning
48 O 1498
Oak 31 70 004
Large Tree Deadwood Pruning
49 O 1518 Crape Myrtle 20 50 002
50 O 1535
Oak 21 60 002
51 O 1533
Oak 24 50 004
Large Tree
52 P 2086 Pine 23 70 002
53 P 1530
Oak 25 70 002
54 C-2 95 Chinese Elm 16 50 004
55 P 524 Bald Cypress 20 50 004
56 P 830
Oak 28 50 002
57 C-2 60
Oak 25 50 004
Large Tree
58 I 25
Oak 22 80 004
Large Tree Deadwood Pruning
59 I 12
Oak 22 80 004
Large Tree Deadwood Pruning
60 I 15
Oak 15 60 002
61 P 9
Oak 21 80 002
Document Number: 36C78626Q50180 Page 18 of 70
62 I 2702 Pine 20 100 002
63 I 2587 Pine 20 100 002
64 I 2357 Pine 22 100 002
65 I 2012
Oak 24 70 004
Large Tree Deadwood Pruning
66 I 1666 Pine 19 100 003
67 I 1666
Oak 20 70 002
68 I 1328 Pine 22 100 004
69 I 3047
Oak 29 50 002
70 I 3495 Pine 22 100 002
71 I 3488 Pine 21 100 002
72 I 3483 Pine 20 100 002
73 I 3481
Oak 17 70 004
Large Tree
74 I 3393
Oak 25 60 002
75 C Albert
Thomas Memorial
Southern Live Oak
40 70 004 Large Tree
Deadwood Pruning
76 C 25
Oak 24 70 002
77 C 327
Oak 31 70 002
Document Number: 36C78626Q50180 Page 19 of 70
78 C 805
Oak 23 70 002
79 C 1054
Oak 25 60 002
80 D 1
Oak 33 50 002
81 D 286
Oak 36 60 004
Large Tree
82 D 654
Oak 42 70 002
83 D 728
Oak 33 70 002
84 D 880
Oak 27 60 002
85 D 1005
Oak 30 70 002
86 D 1049
Oak 30 70 002
87 D 1145
Oak 41 70 002
88 D 1197
Oak 35 70 002
89 D 1269
Oak 25 70 002
90 D 1259
Oak 34 70 002
91 D 1254
Oak 40 70 002
92 F1 283
Oak 27 50 002
93 F1 256
Oak 28 50 002
94 F1 213
Oak 30 60 002
95 F1 157
Oak 29 60 002
Document Number: 36C78626Q50180 Page 20 of 70
96 F 591
Oak 43 70 004
Large Tree Deadwood Pruning
97 F 409
Oak 39 70 004
Large Tree Deadwood Pruning
98 F 304
Oak 34 70 004
Large Tree
99 E 2628
Oak 24 60 004
Large Tree
100 E 2456
Oak 45 80 004
Large Tree
101 K1 67 Pine 16 80 004
102 K1 87 Pine 14 80 004
103 G2 3542
Oak 29 60 002
104 K1 208
Oak 18 50 002
105 K2 54 Pine 16 80 004
106 K2 115 Pine 20 70 004
107 K 2504
Oak 35 70 004
Large Tree
108 K 2854
Oak 39 70 004
Large Tree
Document Number: 36C78626Q50180 Page 21 of 70
109 K 2210
Oak 34 70 004
Large Tree
110 K 1781
Oak 27 70 004
Large Tree
111 K 1356
Oak 31 70 004
Large Tree
112 M1 42 Pine 18 60 004
113 M1 109
Oak 32 60 004
Large Tree
114 L 1167
Oak 47 60 002
115 L 1026
Oak 27 50 004
Large Tree
116 L 1865
Oak 36 60 002
117 D 2127 Bald Cypress 20 60 002
118 D 2100 Pine 14 60 002
Document Number: 36C78626Q50180 Page 22 of 70
Attachment B
CLIN Sheet for Houston National Cemetery
CLIN DESCRIPTION QTY UNIT UNIT PRICE AMOUNT
Large Tree Removal – height >40' AND DBH >24"; tree removal, stump removal, topsoil fill, cleanup and disposal of debris
3 EA. $_________ $________________
Large Tree Routine Pruning – height >40' AND DBH >24"; tree pruning, cleanup and disposal of debris
64 EA. $_________ $________________
Large Tree Deadwood Pruning 1 – height >40' AND DBH >24"; tree pruning, cleanup and disposal of debris
1 EA. $_________ $________________
Large Tree Deadwood Pruning 2 – height >40' AND DBH >24"; tree pruning, cleanup and disposal of debris
50 EA. $_________ $________________
TOTAL AMOUNT = 118 $___________________
Document Number: 36C78626Q50180 Page 23 of 70
Attachment C
Site Plan for Houston National Cemetery
Tree maintenance approximate locations indicated.
Number (1,2,3…) indicates number of trees at location.
Letter indicates size: S = small; M = medium; L = large.
Color indicates maintenance required: red = removal; orange = stump removal; green = training pruning; pink = routine pruning; blue = deadwood pruning 2; purple = deadwood pruning 1.
Document Number: 36C78626Q50180 Page 24 of 70
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Document Number: 36C78626Q50180 Page 25 of 70
Source Selection Plan / Evaluation Factors
Houston National Cemetery – Tree Maintenance
I. BACKGROUND
A. Purpose. The purpose of this Source Selection Plan is to set forth the process by which the NCA
Contracting Office will evaluate offers received in response to the solicitation for Tree
Maintenance at Houston National Cemetery.
B. Source selection approach. This plan covers the approach for soliciting and evaluating offers, provides the source selection organizational structure, and designates persons who will perform the evaluation.
II. BASIS OF AWARD: This procurement is being conducted pursuant to FAR Part 13 procedures.
The Government intends to award a contract resulting from this solicitation to the responsible offeror who offers the lowest price, whose quoted price is found to be reasonable, and whose quote is found to be technically acceptable when considering the non-price evaluation factors described below. Offerors who fail to meet any technical acceptability evaluation factors below will not be eligible to receive contract award.
III. EVALUTION FACTORS
1) Factor 1: Technical Approach and Understanding of the Work: Proposal 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. The proposal shall be more than restating the SOW.
Technical approach will be evaluated for the following:
a) Contractor-provided statements and/or literature that clearly explains their experience, approach and/or abilities to perform the tasks described in the Statement of Work (SOW).
b) Arborist Certification from International Society of Arboriculture
c) Resume for Certified Arborist demonstrating a minimum of three (3) years’ experience as a direct supervisor of a commercial tree maintenance operation that included removal, trimming, and stump removal in commercial, industrial, or public sites.
2) Factor 2: Past Performances: Past performance shall be evaluated based on the Contractor’s technical qualifications on projects within the last 5 years that are comparable in size, complexity, and scope. Past Performance information shall be obtained by the following methods.
a) The Contracting Officer’s knowledge of previous experience with the supply or service being acquired.
b) Contractor’s past performance descriptions of a minimum of 3 recent (within the last 5 years) projects of similar size and scope
c) The Contractor Performance Assessment Reporting System (CPARS) at https://www.cpars.gov
d) Any other reasonable basis.
3) Factor 3: Price: Proposed price will be evaluated for LPTA and completeness/accuracy in the provided CLIN structure.
Document Number: 36C78626Q50180 Page 26 of 70
Section 2 - Contract Clauses
52.252-2 Clauses Incorporated by Reference (Feb 1998)
This contract incorporates one or more clauses by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. Also, the full text of a clause may be accessed electronically at this/ these address(es):
www.acquisition.gov/browse/index/far (FAR) www.va.gov/oal/library/vaar/index.asp (VAAR) [Insert one or more Internet addresses]
(End of clause)
Deliveries or Performance
Line Number/ Delivery Number
Delivery Quantity FOB Point Address
0001/1 3.000000 HOUSTON NATIONAL CEMETERY (851)
DEPT OF VETERANS AFFAIRS (851)
HOUSTON NATIONAL CEMETERY
10410 VETERANS MEMORIAL DR.
HOUSTON, TX 77038
Line Number/ Delivery Number
Delivery Quantity FOB Point Address
0002/1 64.000000 HOUSTON NATIONAL CEMETERY (851)
DEPT OF VETERANS AFFAIRS (851)
HOUSTON NATIONAL CEMETERY
10410 VETERANS MEMORIAL DR.
HOUSTON, TX 77038
Line Number/ Delivery Number
Delivery Quantity FOB Point Address
0003/1 1.000000 HOUSTON NATIONAL CEMETERY (851)
DEPT OF VETERANS AFFAIRS (851)
HOUSTON NATIONAL CEMETERY
10410 VETERANS MEMORIAL DR.
HOUSTON, TX 77038
Line Number/ Delivery Number
Delivery Quantity FOB Point Address
0004/1 50.000000 HOUSTON NATIONAL CEMETERY (851)
DEPT OF VETERANS AFFAIRS (851)
HOUSTON NATIONAL CEMETERY
10410 VETERANS MEMORIAL DR.
HOUSTON, TX 77038
PERIOD OF PERFORMANCE
ITEM START END
0001 06/15/2026 08/31/2026
0002 06/15/2026 08/31/2026
0003 06/15/2026 08/31/2026
0004 06/15/2026 08/31/2026
52.203-17 Contractor Employee Whistleblower Rights (Nov 2023)
(a) This contract and employees working on this contract will be subject to the whistleblower rights and remedies established at 41 U.S.C. 4712 and Federal Acquisition Regulation (FAR) 3.900 through 3.905.
(b) The Contractor shall inform its employees in writing, in the predominant language of the workforce, of employee whistleblower rights and protections under 41 U.S.C. 4712, as described in FAR 3.900 through 3.905.
(c) The Contractor shall insert the substance of this clause, including this paragraph (c), in all subcontracts.
Document Number: 36C78626Q50180 Page 27 of 70
(End of clause)
52.203-19 Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements (Jan 2017)
(a) Definitions. As used in this clause--
"Internal confidentiality agreement or statement" means a confidentiality agreement or any other written statement that the contractor requires any of its employees or subcontractors to sign regarding nondisclosure of contractor information, except that it does not include confidentiality agreements arising out of civil litigation or confidentiality agreements that contractor employees or subcontractors sign at the behest of a Federal agency.
"Subcontract" means any contract as defined in subpart 2.1 entered into by a subcontractor to furnish supplies or services for performance of a prime contract or a subcontract. It includes but is not limited to purchase orders, and changes and modifications to purchase orders.
"Subcontractor" means any supplier, distributor, vendor, or firm (including a consultant) that furnishes supplies or services to or for a prime contractor or another subcontractor.
(b) The Contractor shall not require its employees or subcontractors to sign or comply with internal confidentiality agreements or statements prohibiting or otherwise restricting such employees or subcontractors from lawfully reporting waste, fraud, or abuse related to the performance of a Government contract to a designated investigative or law enforcement representative of a Federal department or agency authorized to receive such information (e.g., agency Office of the Inspector General).
(c) The Contractor shall notify current employees and subcontractors that prohibitions and restrictions of any preexisting internal confidentiality agreements or statements covered by this clause, to the extent that such prohibitions and restrictions are inconsistent with the prohibitions of this clause, are no longer in effect.
(d) The prohibition in paragraph (b) of this clause does not contravene requirements applicable to Standard Form 312 (Classified Information Nondisclosure Agreement), Form 4414 (Sensitive Compartmented Information Nondisclosure Agreement), or any other form issued by a Federal department or agency governing the nondisclosure of classified information.
(e) In accordance with section 743 of Division E, Title VII, of the Consolidated and Further Continuing Appropriations Act, 2015, (Pub. L. 113-235), and its successor provisions in subsequent appropriations acts (and as extended in continuing resolutions) use of funds appropriated (or otherwise made available) is prohibited, if the Government determines that the Contractor is not in compliance with the provisions of this clause.
(f) The Contractor shall include the substance of this clause, including this paragraph (f), in subcontracts under such contracts.
(End of clause)
52.209-6 Protecting the Government's Interest When Subcontracting with Contractors Debarred, Suspended, Proposed for Debarment, or Voluntarily Excluded (Jan 2025)
(a) Definition.
Commercially available off-the-shelf (COTS) item, as used in this clause--
(1) Means any item of supply (including construction material) that is--
(i) A commercial product (as defined in paragraph (1) of the definition of "commercial product" in Federal Acquisition Regulation
(FAR) 2.101);
(ii) Sold in substantial quantities in the commercial marketplace; and
(iii) Offered to the Government, under a contract or subcontract at any tier, without modification, in the same form in which it is sold in the commercial marketplace; and
(2) Does not include bulk cargo, as defined in 46 U.S.C. 40102(4), such as agricultural products and petroleum products.
Document Number: 36C78626Q50180 Page 28 of 70
(b) The Government suspends or debars Contractors to protect the Government's interests. Other than a subcontract for a commercially available off-the-shelf item, the Contractor shall not enter into any subcontract, in excess of the threshold specified in FAR 9.405-2(b) on the date of subcontract award, with a Contractor that is debarred, suspended, or proposed for debarment by any executive agency unless there is a compelling reason to do so.
(c) The Contractor shall require each proposed subcontractor whose subcontract will exceed the threshold specified in FAR 9.405-2(b) on the date of subcontract award, other than a subcontractor providing a commercially available off-the-shelf item, to disclose to the Contractor, in writing, whether as of the time of award of the subcontract, the subcontractor, or its principals, is or is not debarred, suspended, proposed for debarment, or voluntarily excluded, by the Federal Government.
(d) A corporate officer or a designee of the Contractor shall notify the Contracting Officer, in writing, before entering into a subcontract with a party (other than a subcontractor providing a commercially available off-the-shelf item) that is debarred, suspended, proposed for debarment, or voluntarily excluded (see FAR 9.404 for information on the System for Award Management (SAM) Exclusions). The notice must include the following:
(1) The name of the subcontractor.
(2) The Contractor's knowledge of the reasons for the subcontractor being listed with an exclusion in SAM.
(3) The compelling reason(s) for doing business with the subcontractor notwithstanding its being listed with an exclusion in SAM.
(4) The systems and procedures the Contractor has established to ensure that it is fully protecting the Government's interests when dealing with such subcontractor in view of the specific basis for the party's debarment, suspension, proposed debarment, or voluntary exclusion.
(e) Subcontracts. Unless this is a contract for the…
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