About this file

This is a Request for Quote (RFQ) for trash removal services at the National Memorial Cemetery of the Pacific (NMCP) in Honolulu, Hawaii, issued by the Department of Veterans Affairs, National Cemetery Administration.

The solicitation number is 36C78626Q50205, with an offer due date of August 17, 2026, at 5:00 PM Hawaii Time. This is a 100% small business set-aside designated for Service-Disabled Veteran-Owned Small Businesses (SDVOSB), utilizing a tiered evaluation approach that will first consider SDVOSB offers, then Veteran-Owned Small Business (VOSB) offers, then other small businesses, and finally unrestricted competition if adequate competition is not achieved at earlier tiers. The contract is a Firm-Fixed Price (FFP) Indefinite Delivery/Indefinite Quantity (IDIQ) service contract with a guaranteed minimum of $30,000 and a maximum aggregate value of $250,000 for the base year and one optional year period (September 17, 2026 through September 16, 2028). The contractor must provide trash pickup and container services including: two 8-cubic yard containers picked up twice weekly; thirty 30-cubic yard roll-off containers on an as-needed basis (deliverable within five business days, remaining on-site up to 30 days at no additional charge); and eighteen 15-cubic yard roll-off containers on an as-needed basis under the same terms. All containers must be clean, structurally sound, and maintained to prevent spillage or leakage, with damaged containers replaced within 48 hours at no cost. The contractor must provide service documentation for each pickup, delivery, exchange, or removal, submit invoices with supporting pickup tickets, ensure all drivers maintain valid Commercial Driver's Licenses and required certifications, and operate properly maintained and enclosed vehicles. The Performance Work Statement specifies operations during normal business hours (Monday-Friday, 8:00 AM to 4:30 PM, except federal holidays) at the NMCP Maintenance Shop Complex located at 2177 Puowaina Drive, Honolulu, Hawaii 96813. Evaluation will be based on technical capability (demonstrating understanding of PWS requirements and listing waste management equipment owned or leased) and price, with technical capability rated as more important than price. Service Contract Act wage determination WD 2015-5689 applies, requiring compliance with prevailing wage, health and welfare benefits, vacation, and holiday requirements. The contract includes standard federal clauses addressing topics such as system for award management registration, small business limitations on subcontracting at 50% for services, employment eligibility verification, paid sick leave requirements, cybersecurity prohibitions, and various representations and certifications.

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Document Number: 36C78626Q50205 Page 1 of 43

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES

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

F369202-26-2000044

PAGE 1 OF

5. SOLICITATION NUMBER

36C78626Q50205

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

DATE

08/05/2026

7. FOR SOLICITATION

INFORMATION CALL:

a. NAME Anna Straley

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

TIME

08/17/2026

17:00 HT

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): 562111

SIZE STANDARD: 47 Million

10. THE ACQUISITION IS

SEE

SCHEDULE

X

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

CODE15. DELIVER TO CODE 36C78616. ADMINISTERED BY

NATIONAL CEMETERY ADMIN (786)

NATIONAL CEMETERY ADMINISTRATION

DEPT OF VETERANS AFFAIRS

18434 JOPLIN RD.

TRIANGLE, VA 22172

FACILITY

CODE

CODE

TELEPHONE NUMBER

17a. CONTRACTOR/

OFFEROR

NCA-VACOCODE18a. PAYMENT WILL BE MADE BY

TUNGSTEN

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

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

OFFER SEE ADDENDUM

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

CHECKED

19. ITEM NUMBER 20. SCHEDULE OF SUPPLIES/SERVICES

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

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

Trash Services at NMCP. Please see Instruction to Offerors and Statement of Work.

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

X 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

X ARE ARE NOT ATTACHED

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

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

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

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

TO THE TERMS AND CONDITIONS SPECIFIED.

29. AWARD OF CONTRACT: 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: 36C78626Q50205 Page 2 of 43

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: 36C78626Q50205 Page 3 of 43

Table of Contents

Section Description Page Number

1 Continuation Sheet 1 Contract Guaranteed Minimum and Maximum Value NMCP.docx 1 PWS_NMCP Trash Removal Services.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) 52.204-13 (DEV) 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) 52.209-10 Prohibition on Contracting with Inverted Domestic Corporations (Nov 2015) 52.212-4 (DEV) Contract Terms and Conditions-Commercial Products and Commercial Services (NOV

2023) (DEVIATION AUG 2025)

52.217-8 Option to Extend Services (Nov 1999) 52.219-6 (DEV) Notice of Total Small Business Set-Aside (NOV 2020) (DEVIATION NOV 2025) 52.219-14 (DEV) Limitations on Subcontracting (OCT 2022) (DEVIATION NOV 2025) 52.222-3 (DEV) Convict Labor (JUN 2003) (DEVIATION NOV 2025) 52.222-36 (DEV) Equal Opportunity for Workers with Disabilities (JUN 2020) (DEVIATION NOV 2025) 52.222-37 Employment Reports on Veterans (Jun 2020) 52.222-41 (DEV) Service Contract Labor Standards (AUG 2018) (DEVIATION NOV 2025) 52.222-43 (DEV) Fair Labor Standards Act and Service Contract Labor Standards-Price Adjustment (Multiple Year and Option Contracts) (AUG 2018) (DEVIATION NOV 2025) 52.222-50 (DEV) Combating Trafficking in Persons (OCT 2025) (DEVIATION NOV 2025) 52.222-54 (DEV) Employment Eligibility Verification (JAN 2025) (DEVIATION NOV 2025) 52.222-62 (DEV) Paid Sick Leave Under Executive Order 13706 (JAN 2022) (DEVIATION NOV 2025) 52.223-23 (DEV) Sustainable Products (MAY 2024) (DEVIATION NOV 2025) 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 (DEV) Protest after Award (AUG 1996) (DEVIATION NOV 2025) 52.233-4 (DEV) Applicable Law for Breach of Contract Claim (AUG 1996) (DEVIATION NOV 2025) 52.244-6 (DEV) Subcontracts for Commercial Products and Commercial Services (OCT 2025)

(DEVIATION NOV 2025)

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

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

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

852.219-74 (DEV) VA NOTICE OF TOTAL SET-ASIDE FOR CERTIFIED VETERAN-OWNED

SMALL BUSINESSES (NOV 2022) (DEVIATION JAN 2023)

852.232-72 ELECTRONIC SUBMISSION OF PAYMENT REQUESTS (NOV 2018)

852.242-71 ADMINISTRATIVE CONTRACTING OFFICER (OCT 2020)

52.216-19 Order Limitations (Oct 1995) 52.216-22 (DEV) Indefinite Quantity (OCT 1995) (DEVIATION NOV 2025) 52.217-9 Option to Extend the Term of the Contract (Mar 2000) 52.222-90 Addressing DEI Discrimination by Federal Contractors 52.240-91 (DEV) Security Prohibitions and Exclusions (NOV 2025) (DEVIATION NOV 2025) 52.252-6 Authorized Deviations in Clauses (Nov 2020)

852.203-70 COMMERCIAL ADVERTISING (MAY 2018)

Document Number: 36C78626Q50205 Page 4 of 43

852.219-75 (DEV) VA NOTICE OF LIMITATIONS ON SUBCONTRACTING-CERTIFICATE

OF COMPLIANCE FOR SERVICES AND CONSTRUCTION (NOV 2022) (DEVIATION JAN

2023)

3 WD 2015-5689.pdf 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) 52.212-1 (DEV) Instructions to Offerors-Commercial Products and Commercial Services (SEP 2023)

(DEVIATION AUG 2025)

52.217-3 Evaluation Exclusive of Options (Apr 1984) 52.217-5 (DEV) Evaluation of Options (JUL 1990) (DEVIATION NOV 2025) 52.219-4 (DEV) Notice of Price Evaluation Preference for HUBZone Small Business Concerns (OCT

2022) (DEVIATION NOV 2025)

52.203-11 Certification And Disclosure Regarding Payments to Influence Certain Federal Transactions (Sept 2024) 52.212-2 (DEV) Evaluation-Commercial Products and Commercial Services (NOV 2021)

(DEVIATION AUG 2025)

52.216-1 (DEV) Type of Contract (APR 1984) (DEVIATION NOV 2025) 52.225-4 (DEV) Buy American-Free Trade Agreements-Israeli Trade Act Certificate (NOV 2023)

(DEVIATION NOV 2025)

52.252-5 Authorized Deviations in Provisions (Nov 2020)

852.252-70 SOLICITATION PROVISIONS OR CLAUSES INCORPORATED BY REFERENCE

(JAN 2008)

4 Instruction to Offerors NMCP Trash.docx

Document Number: 36C78626Q50205 Page 5 of 43

Section 1 - Continuation Sheet

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

0001 See Description Below

PSC: S205

HOUSEKEEPING- TRASH/

GARBAGE COLLECTION

52.000000 WK

Description: 2-Eight cubic yard containers, 2x a week

Period of Performance: 09/17/2026 - 09/16/2027

Reference Line: F369202-26-2000044 - 0001

Pricing Options: Base

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

0002 See Description Below

PSC: S205

HOUSEKEEPING- TRASH/

GARBAGE COLLECTION

30.000000 EA

Description: Thirty (30) cubic yard container services, as needed for 30-day period.

Period of Performance: 09/17/2026 - 09/16/2027

Reference Line: F369202-26-2000044 - 0002

Pricing Options: Base

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

0003 See Description Below

PSC: S205

HOUSEKEEPING- TRASH/

GARBAGE COLLECTION

18.000000 EA

Description: Fifteen (15) cubic yard container services, as needed for 30-day period.

Period of Performance: 09/17/2026 - 09/16/2027

Reference Line: F369202-26-2000044 - 0003

Pricing Options: Base

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

10001 See Description Below

PSC: S205

52.000000 WK

Document Number: 36C78626Q50205 Page 6 of 43

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

HOUSEKEEPING- TRASH/

GARBAGE COLLECTION

Description: 2-Eight cubic yard containers, 2x a week

Period of Performance: 09/17/2027 - 09/16/2028

Reference Line: F369202-26-2000044 - 10001

Pricing Options: Option 0001

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

10002 See Description Below

PSC: S205

HOUSEKEEPING- TRASH/

GARBAGE COLLECTION

30.000000 EA

Description: Thirty (30) cubic yard container services, as needed for 30-day period.

Period of Performance: 09/17/2027 - 09/16/2028

Reference Line: F369202-26-2000044 - 10002

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

10003 See Description Below

PSC: S205

HOUSEKEEPING- TRASH/

GARBAGE COLLECTION

18.000000 EA

Description: Fifteen (15) cubic yard container services, as needed for 30-day period.

Period of Performance: 09/17/2027 - 09/16/2028

Reference Line: F369202-26-2000044 - 10003

Document Number: 36C78626Q50205 Page 7 of 43

Contract Guarantee Minimum/Maximum Aggregate Value

The guaranteed minimum amount for the life of the contract is $30,000.

The maximum aggregate value of the contract, inclusive of the base year and option year period, shall not exceed $250,000.

The Government does not guarantee that it will place any orders under this contract more than the guaranteed minimum amount.

Document Number: 36C78626Q50205 Page 8 of 43

Performance Work Statement (PWS) for

Trash Removal Service at the

National Memorial Cemetery of the Pacific

1.0 General

1.1 Introduction

The Department of Veterans Affairs, National Cemetery Administration, honors Veterans with a final resting place and lasting memorials that commemorate their service to our nation. There are approximately 150 National Cemeteries in 42 states that receive visitors, hold ceremonies, and conduct committal services on an ongoing basis. Because of the special significance and attention our National Cemeteries receive from the public, strict adherence to the following specifications is essential.

1.2 Objective

National Cemeteries are National Shrines. The standards of maintenance and appearance at these cemeteries must reflect this nation's concern for those interred here. The contractor is encouraged to use an innovative and creative technical approach, in addition to standard commercial practices to manage the Trash Pickup Services at the Cemetery in order to maintain the high standards of appearance as a National Shrine.

1.3 Scope of Work

The Contractor shall provide all supervision, labor, equipment, materials, uniforms, and supplies necessary to provide Trash Pickup Service at the National Memorial Cemetery of the Pacific.

The Contractor shall provide trash receptacles and pickup service for the following:

1. 2-Eight cubic yard containers.

2. 1-Thirty cubic yard roll off container.

3. 1-Fifteen cubic yard container.

1.4 Background

The National Memorial Cemetery of the Pacific was established in 1949. Situated on 111.5 acres, it is known locally as “Punchbowl” because it is in the crater of an extinct volcano. Before Punchbowl became a cemetery, the site was used as a place of sacrifice during the ancient days of Hawaii. More than 1400 interments are conducted each year and currently there are approximately 62,000 decedents interred in this national shrine.

1.5 Type of Contract

Document Number: 36C78626Q50205 Page 9 of 43

Firm-Fixed Price (FFP), Indefinite Delivery/Indefinite Quantity (IDIQ) service contract. The contract will include fixed-priced recurring trash pickup services and IDIQ as-needed roll-off container services.

1.6 Period of Performance

This contract will be effective xx/xx/xxxx, through xx/xx/xxxx, base year and option year:

1. Base Year

2. Option Year 1

1.7 Place of Performance

The contractor shall provide services at the National Memorial Cemetery of the Pacific (NMCP), herby known as “Punchbowl Cemetery”. The hours of operation for the Trash Removal Services shall be during normal operations, Monday through Friday, from 8:00 a.m. to 4:30 p.m., except Federal Holidays.

Cemetery Address Area Required Services

National Memorial Cemetery of the Pacific

2177 Puowaina Drive Honolulu HI, 96813

Maintenance Shop Complex

Trash Removal Svc

Document Number: 36C78626Q50205 Page 10 of 43

2.0 Specific Requirements/Tasks

2.1 The Contractor shall provide containers that are clean, structurally sound, and suitable for their intended purpose. Containers shall be free from holes, cracks, excessive rust, sharp edges, broken components, or other defects that could create safety hazard or allow waste, debris, or liquids to escape.

All containers delivered under this contract shall be structurally sound and maintained in a condition that prevents contents from spilling, leaking, or overflowing during normal use, storage, and transportation.

The Contractor shall ensure containers are in good working order and capable of safely containing the volume and type of waste for which they are intended.

The Contractor shall replace any damaged, defective, leaking, or otherwise unserviceable container within forty-eight (48) hours of notification be the COR at no additional cost to the Government.

Any waste, debris, liquids, or other materials spilled, leaked, or released from the container as a result of Contractor operations shall be cleaned up immediately by the Contractor at no additional cost to the Government. The Contractor shall restore the affected area to its original condition and properly dispose of all collected materials in accordance with applicable Federal, State, and local regulations. Failure to immediately clean up spills or debris may be considered a performance deficiency under this contract.

2.2 CLIN 0001: 2-Eight cubic yard containers without lids. The Contractor shall provide trash receptacles and pickup services every week, (2) times a week for the disposal of general waste.

The Contractor shall schedule the pickup the same day of the week, every week of the year.

2.3 CLIN 0002: 1-Thirty (30) cubic yard roll-off container. The Contractor shall provide trash receptacles on an as needed basis upon request by the COR or cemetery personnel. Upon request, containers shall be delivered to the Maintenance Shop Complex at the National Memorial Cemetery of the Pacific within five (5) business days of receiving notification. Each container shall remain on-site for a period of up to thirty (30) days without incurring any additional service charges to the Government. Pickup service shall be scheduled separately at a later date, upon notification by the COR or cemetery personnel.

2.4 CLIN 0003: 1-Fifeteen (15) cubic yard roll-off container. The Contractor shall provide trash receptacles on an as needed basis upon request by the COR or cemetery personnel. Upon request, containers shall be delivered to the Maintenance Shop Complex at the National

Document Number: 36C78626Q50205 Page 11 of 43

Memorial Cemetery of the Pacific within five (5) business days of receiving notification. Each container shall remain on-site for a period of up to thirty (30) days without incurring any additional service charges to the Government. Pickup service shall be scheduled separately at a later date, upon notification by the COR or cemetery personnel.

3.0 Contractor Quality Assurance.

3.1 The Government will inspect and evaluate the Contractor’s performance to ensure services are received in accordance with requirements set forth in this contract. The COR will inspect by validating actual work performance, physically checking the attribute of the completed task, conferring with facility managers, or otherwise inspecting the task or its results to determine whether or not performance meets the standards contained in this PWS. The COR will use the Contractor’s work schedule or modified version thereof to record surveillance results. Results of the surveillance then become the official record of the Contractor’s performance. When a performance threshold has not been met or Contractor performance has not been accomplished, the CO or the COR will initiate either a Corrective Action Report (CAR), a Performance Assessment Report (PAR) or a Contract Discrepancy Report (CDR). The Contractor shall respond to the COR in accordance with the instructions provided.

3.2 Quality Control: The Contractor shall develop and maintain an effective quality control plan to ensure services are performed in accordance with this PWS. The Contractor’s quality control plan is the means by which he assures himself that his work complies with the requirement of the contract. At a minimum, the Contractor shall develop a quality control plan in accordance with the Performance Requirements identified in the Quality Assurance Surveillance Plan (QASP). After acceptance of the quality control plan, the Contractor shall receive the contracting officer’s acceptance in writing of any proposed change to his QC system.

3.3 Quality Assurance: The Government will monitor the Contractor’s performance under this contract using the Quality Assurance Surveillance Plan (QASP). All work performed under this contract will be subject to inspection at all times by the Government.

4.0 Delivery or Deliverables

The Contractor shall provide the specific deliverables described below within the period of performance. In addition to performing the required trash removal and container services, the Contractor shall provide documentation verifying service completion for each pickup, delivery, exchange, or removal performed under this contract.

4.1 Service Verification Documentation

The Contractor shall provide a service ticket, pickup ticket, weight ticket (if applicable), or electronic service record for each service performed. Documentation shall include, at a minimum:

Document Number: 36C78626Q50205 Page 12 of 43

1. Date and time of service performed.

2. Type and size of container serviced.

3. Location serviced.

4. Type of service performed (pickup, delivery, exchange, or removed).

5. Name or identification of the driver/operator performing the service.

6. Contractor company name.

7. Signature or acknowledgement from Cemetery personnel.

The Contractor shall provide the service documentation to the COR or designated Cemetery personnel at the time of service or electronically within one (1) business day after completion of service. These records shall serve as verification for inspection, acceptance, and invoice reconciliation purposes.

4.2 Missed Pickup Notification

If the Contractor is unable to perform a scheduled pickup or delivery, the Contractor shall notify the COR and designated Cemetery personnel immediately and provide the reason for delay along with the anticipated rescheduled service date and time. Rescheduled service shall be completed within seventy-two (72) hours of the originally scheduled service date unless otherwise approved by the COR.

4.3 Invoice Support Documentation

Invoices submitted for payment shall include corresponding pickup tickets, service records, or other supporting documentation validating the dates and quantities of services performed for the billing period.

4.4 Personnel Qualifications – Drivers

The contactor shall ensure all drivers and personnel transporting trash, refuse, debris, or roll-off containers under this contract possess and maintain all licenses, certifications, registrations, permits required by all applicable Federal, State, and local laws and regulations for the vehicles operated and materials transported.

This requirement includes possession of a valid Commercial Driver’s License (CDL) when operating vehicles requiring a CDL in accordance with applicable Federal and State regulations.

The Contractor shall ensure all drivers are properly trained and qualified to safely operate collection vehicles, front-load containers, roll-off trucks, and related equipment utilized under this contract.

4.5 Permits and Compliance

Upon request the Contractor shall provide the Contracting Officer (CO) and Contracting Officer’s Representative (COR) evidence of current driver qualifications, licenses, certifications, and permits for personnel performing services under this contract.

Document Number: 36C78626Q50205 Page 13 of 43

4.6 Vehicle Requirements

The Contractor shall provide vehicles and equipment that are properly licensed, maintained, and suitable for collection, transport, delivery, and removal of trash, refuse, debris, and roll-off containers required under this contract.

All vehicles transporting trash, refuse, or debris shall be enclosed, covered, or otherwise secured to prevent debris, trash, dust, or materials from blowing, spilling, or falling from the vehicle during transport.

Vehicles used under this contract shall be leakproof and maintained in a sanitary and safe operating condition. Vehicles shall be maintained in a manner that prevents leaks of oil, hydraulic fluid, fuel, or other fluids onto Government property.

4.7 Spill Response and Cleanup

The Contractor shall immediately contain and clean any spill, leak, discharge, or debris caused by Contractor vehicles, equipment, or containers under this contract. This includes but not limited to oil, hydraulic fluid, fuel, trash liquids, or other contaminants released onto Government property.

The Contractor shall notify the COR as soon as possible after discovery of the incident and shall take immediate actions to protect Government property, personnel, visitors, turf, roads, sidewalks, drainage systems, and surrounding areas from further contamination or damage.

All spill response and cleanup actions shall be completed within twenty-four (24) hours of the incident unless otherwise approved by the COR. Cleanup and remediation shall be performed at no additional cost to the Government and in accordance with all applicable Federal, State, and local environmental regulations.

4.8 Service Performance and Acceptance

The Contractor shall perform all scheduled refuse collection and disposal services in accordance with the approved service schedule and Performance Work Statement (PWS) requirements Services not performed, missed pickups, or services determined by the Government to be nonconforming may be rejected and considered unacceptable. The Government may withhold payment for services not performed until corrective action is completed to the satisfaction of the Government.

Document Number: 36C78626Q50205 Page 14 of 43

Line

Item

#/CL

IN

PWS

referen ce

Name Place of

Performance

Unit Qty Delivery

Schedule

Inspection

Schedule

Target

0001 Para 2.2

Eight cubic yard front load container

NMCP,

Maintenance

Shop Complex

2 containers, 2 times a week

Weekly, Tuesday &

Friday, 08:00 a.m.

to 04:00 p.m.

The COR will inspect when

Cemetery

Forman notifies of completion.

100%

0002 Para 2.3

Thirty cubic yard roll-off container

NMCP,

Maintenance

Shop Complex

1 container 30 As needed, Monday thru

Friday, 08:00 a.m.

to 04:00 p.m.

The COR will inspect when

Cemetery

Forman notifies of completion.

0003 Para 2.4

Ten cubic yard roll-off container

Para 2.4

Task 4

1 container 18 As needed, Monday thru

Friday, 08:00 a.m.

to 04:00 p.m.

The COR will inspect when

Cemetery

Forman notifies of completion.

5.0 Meetings

For all meetings, the contractor will be responsible for providing meeting materials, and administrative and facilitation support. Meetings will be conducted at either the National Memorial Cemetery of the Pacific location at 2177 Puaowaina Dr., 96813, or through an alternative method of communication (such as a teleconferencing), as approved by the Contracting Officer.

5.1 Post-Award Kickoff Meeting

Within 7 business days of contract award, the government will conduct a post-award kickoff meeting at the National Memorial Cemetery of the Pacific (specific date and time to be mutually agreed upon).

5.2 Intermittent Performance Reviews

Document Number: 36C78626Q50205 Page 15 of 43

At the sole discretion of the government, intermittent performance reviews may be conducted on an informal basis (by telephone or teleconference) or in person at the National Memorial Cemetery of the Pacific upon 3 days advance notice as approved by the Contracting Officer or COR. The government will review the contractor’s performance, identify any risks, issues, or concerns, and provide feedback on the progress and performance.

End of Performance Work Statement

Document Number: 36C78626Q50205 Page 16 of 43

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 52.000000 NATL MEMORIAL CEMETERY OF PACIFIC (899)

DEPT OF VETERANS AFFAIRS (899)

NATL MEMORIAL CEMETERY OF PACIFIC

2177 PUOWAINA DRIVE

HONOLULU, HI 96813

Line Number/ Delivery Number

Delivery Quantity FOB Point Address

0002/1 30.000000 NATL MEMORIAL CEMETERY OF PACIFIC (899)

DEPT OF VETERANS AFFAIRS (899)

NATL MEMORIAL CEMETERY OF PACIFIC

2177 PUOWAINA DRIVE

HONOLULU, HI 96813

Line Number/ Delivery Number

Delivery Quantity FOB Point Address

0003/1 18.000000 NATL MEMORIAL CEMETERY OF PACIFIC (899)

DEPT OF VETERANS AFFAIRS (899)

NATL MEMORIAL CEMETERY OF PACIFIC

2177 PUOWAINA DRIVE

HONOLULU, HI 96813

Line Number/ Delivery Number

Delivery Quantity FOB Point Address

10001/1 52.000000 NATL MEMORIAL CEMETERY OF PACIFIC (899)

DEPT OF VETERANS AFFAIRS (899)

NATL MEMORIAL CEMETERY OF PACIFIC

2177 PUOWAINA DRIVE

HONOLULU, HI 96813

Line Number/ Delivery Number

Delivery Quantity FOB Point Address

10002/1 30.000000 NATL MEMORIAL CEMETERY OF PACIFIC (899)

DEPT OF VETERANS AFFAIRS (899)

NATL MEMORIAL CEMETERY OF PACIFIC

2177 PUOWAINA DRIVE

HONOLULU, HI 96813

Line Number/ Delivery Number

Delivery Quantity FOB Point Address

10003/1 18.000000 NATL MEMORIAL CEMETERY OF PACIFIC (899)

DEPT OF VETERANS AFFAIRS (899)

NATL MEMORIAL CEMETERY OF PACIFIC

2177 PUOWAINA DRIVE

HONOLULU, HI 96813

PERIOD OF PERFORMANCE

ITEM START END

0001 09/17/2026 09/16/2027

0002 09/17/2026 09/16/2027

0003 09/17/2026 09/16/2027

10001 09/17/2027 09/16/2028

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10002 09/17/2027 09/16/2028

10003 09/17/2027 09/16/2028

Clause Title Fill-ins

52.203-17 Contractor Employee Whistleblower Rights (Nov 2023)

52.203-19 Prohibition on Requiring Certain Internal Confidentiality Agreements or

Statements (Jan 2017)

52.204-13 (DEV) 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)

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

52.212-4 (DEV) Contract Terms and Conditions-Commercial Products and Commercial

Services (NOV 2023) (DEVIATION AUG 2025)

52.217-8 Option to Extend Services (Nov 1999) Period of Time: "10 days"

52.219-6 (DEV) Notice of Total Small Business Set-Aside (NOV 2020) (DEVIATION NOV

2025)

52.219-14 (DEV) Limitations on Subcontracting (OCT 2022) (DEVIATION NOV 2025)

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

52.222-36 (DEV) Equal Opportunity for Workers with Disabilities (JUN 2020) (DEVIATION

NOV 2025)

52.222-37 Employment Reports on Veterans (Jun 2020)

52.222-41 (DEV) Service Contract Labor Standards (AUG 2018) (DEVIATION NOV 2025)

52.222-43 (DEV) Fair Labor Standards Act and Service Contract Labor Standards-

Price Adjustment (Multiple Year and Option Contracts) (AUG 2018)

(DEVIATION NOV 2025)

52.222-50 (DEV) Combating Trafficking in Persons (OCT 2025) (DEVIATION NOV 2025)

52.222-54 (DEV) Employment Eligibility Verification (JAN 2025) (DEVIATION NOV 2025)

52.222-62 (DEV) Paid Sick Leave Under Executive Order 13706 (JAN 2022) (DEVIATION

NOV 2025)

52.223-23 (DEV) Sustainable Products (MAY 2024) (DEVIATION NOV 2025)

Document Number: 36C78626Q50205 Page 18 of 43

Clause Title Fill-ins

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 (DEV) Protest after Award (AUG 1996) (DEVIATION NOV 2025)

52.233-4 (DEV) Applicable Law for Breach of Contract Claim (AUG 1996) (DEVIATION

NOV 2025)

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

(DEVIATION NOV 2025)

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

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

DISABLED VETERAN-OWNED SMALL BUSINESSES (NOV 2022)

(DEVIATION JAN 2023)

BaseTerm: "X"

852.219-74 (DEV) VA NOTICE OF TOTAL SET-ASIDE FOR CERTIFIED VETERAN-

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

BaseTerm: "X"

852.232-72 ELECTRONIC SUBMISSION OF PAYMENT REQUESTS (NOV 2018)

852.242-71 ADMINISTRATIVE CONTRACTING OFFICER (OCT 2020)

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 $826.67 [insert dollar figure or quantity], the Government is not obligated to purchase, nor is the Contractor obligated to furnish, those supplies or services under the contract.

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

(1) Any order for a single item in excess of $52,066.50 [insert dollar figure or quantity];

(2) Any order for a combination of items in excess of $126,000.00 [insert dollar figure or quantity]; or

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

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

(d) Notwithstanding paragraphs (b) and (c) of this section, the Contractor shall honor any order exceeding the maximum order limitations in paragraph (b), unless that order (or orders) is returned to the ordering office within 5 days after issuance, with written

Document Number: 36C78626Q50205 Page 19 of 43 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 (DEV) 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 02/15/2030 [insert date].

(End of clause)

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

(a) The Government may extend the term of this contract by written notice to the Contractor within 15 [insert the period of time within which the Contracting Officer may exercise the option]; provided that the Government gives the Contractor a preliminary written notice of its intent to extend at least 60 days [60 days unless a different number of days is inserted] before the contract expires. The preliminary notice does not commit the Government to an extension.

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

(c) The total duration of this contract, including the exercise of any options under this clause, shall not exceed 2 years and 6 months (months)(years).

(End of clause)

52.222-90 Addressing DEI Discrimination by Federal Contractors

As prescribed in 22.2203, insert the following clause:

Addressing DEI Discrimination by Federal Contractors (DEVIATION Apr 2026)

(a) Definitions. As used in this clause—

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

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

Document Number: 36C78626Q50205 Page 20 of 43

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

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

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

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

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

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

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

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

(End of clause)

52.240-91 (DEV) Security Prohibitions and Exclusions (NOV 2025) (DEVIATION NOV 2025)

(a) Definitions. As used in this clause-

American Security Drone Act-covered foreign entity means an entity included on a list that the Federal Acquisition Security Council (FASC) develops and maintains and publishes in the System for Award Management (SAM) at https://www.sam.gov (section 1822 of Pub. L. 118-31, 41 U.S.C. 3901 note prec.).

Backhaul means intermediate links between the core network, or backbone network, and the small subnetworks at the edge of the network (e.g., connecting cell phones/towers to the core telephone network). Backhaul can be wireless (e.g., microwave) or wired (e.g., fiber optic, coaxial cable, Ethernet).

Covered application means the social networking service TikTok or any successor application or service developed or provided by ByteDance Limited or an entity owned by ByteDance Limited.

Covered article, as defined in 41 U.S.C. 4713(k), means:

(1) Information technology, as defined in 40 U.S.C. 11101, including cloud computing services of all types;

(2) Telecommunications equipment or telecommunications service, as those terms are defined in section 3 of the Communications Act of 1934 (47 U.S.C. 153);

(3) The processing of information on a Federal or non-Federal information system, subject to the requirements of the Controlled Unclassified Information program (see 32 CFR part 2002); or

(4) Hardware, systems, devices, software, or services that include embedded or incidental information technology.

Covered foreign country means The People’s Republic of China.

Document Number: 36C78626Q50205 Page 21 of 43

Covered telecommunications equipment or services means-

(1) Telecommunications equipment produced by Huawei Technologies Company or ZTE Corporation (or any subsidiary or affiliate of such entities);

(2) For the purpose of public safety, security of Government facilities, physical security surveillance of critical infrastructure, and other national security purposes, video surveillance and telecommunications equipment produced by Hytera Communications Corporation, Hangzhou Hikvision Digital Technology Company, or Dahua Technology Company (or any subsidiary or affiliate of such entities);

(3) Telecommunications or video surveillance services provided by such entities or using such equipment; or

(4) Telecommunications or video surveillance equipment or services produced or provided by an entity that the Secretary of Defense, in consultation with the Director of National Intelligence or the Director of the Federal Bureau of Investigation, reasonably believes to be an entity owned or controlled by, or otherwise connected to, the government of a covered foreign country.

Critical technology means-

(1) Defense articles or defense services included on the United States Munitions List set forth in the International Traffic in Arms Regulations under subchapter M of chapter I of title 22, Code of Federal Regulations;

(2) Items included on the Commerce Control List set forth in Supplement No. 1 to part 774 of the Export Administration Regulations under subchapter C of chapter VII of title 15, Code of Federal Regulations, and controlled-

(i) Pursuant to multilateral regimes, including for reasons relating to national security, chemical and biological weapons proliferation, nuclear nonproliferation, or missile technology; or

(ii) For reasons relating to regional stability or surreptitious listening;

(3) Specially designed and prepared nuclear equipment, parts and components, materials, software, and technology covered by part 810 of title 10, Code of Federal Regulations (relating to assistance to foreign atomic energy activities);

(4) Nuclear facilities, equipment, and material covered by part 110 of title 10, Code of Federal Regulations (relating to export and import of nuclear equipment and material);

(5) Select agents and toxins covered by part 331 of title 7, Code of Federal Regulations, part 121 of title 9 of such Code, or part 73 of title 42 of such Code; or

(6) Emerging and foundational technologies controlled pursuant to section 1758 of the Export Control Reform Act of 2018 (50 U.S.C.

4817).

FASC-prohibited unmanned aircraft system means an unmanned aircraft system manufactured or assembled by an American Security Drone Act-covered foreign entity.

FASCSA order means any of the following orders issued under the Federal Acquisition Supply Chain Security Act (FASCSA) requiring removing covered articles from executive agency information systems or excluding one or more named sources or named covered articles from executive agency procurement actions, as described in 41 CFR 201-1.303(d) and (e):

(1) The Secretary of Homeland Security may issue FASCSA orders that apply to civilian agencies, to the extent not covered by paragraph (2) or (3) of this definition. This type of FASCSA order may be referred to as a Department of Homeland Security (DHS) FASCSA order.

(2) The Secretary of Defense may issue FASCSA orders that apply to the Department of Defense (DoD) and national security systems other than sensitive compartmented information systems. This type of FASCSA order may be referred to as a DoD FASCSA order.

(3) The Director of National Intelligence (DNI) may issue FASCSA orders that apply to the intelligence community and sensitive compartmented information systems, to the extent not covered by paragraph (2) of this definition. This type of FASCSA order may be referred to as a DNI FASCSA order.

Information technology, as defined in 40 U.S.C. 11101(6)-

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(1) Means any equipment or interconnected system or subsystem of equipment, used in the automatic acquisition, storage, analysis, evaluation, manipulation, management, movement, control, display, switching, interchange, transmission, or reception of data or information by the executive agency, if the equipment is used by the executive agency directly or is used by a contractor under a contract with the executive agency that requires the use-

(i) Of that equipment; or

(ii) Of that equipment to a significant extent in the performance of a service or the furnishing of a product;

(2) Includes computers, ancillary equipment (including imaging peripherals, input, output, and storage devices necessary for security and surveillance), peripheral equipment designed to be controlled by the central processing unit of a computer, software, firmware and similar procedures, services (including support services), and related resources; but

(3) Does not include any equipment acquired by a Federal contractor incidental to a Federal contract.

Intelligence community, as defined by 50 U.S.C. 3003(4), means the following-

(1) The Office of the Director of National Intelligence;

(2) The Central Intelligence Agency;

(3) The National Security Agency;

(4) The Defense Intelligence Agency;

(5) The National Geospatial-Intelligence Agency;

(6) The National Reconnaissance Office;

(7) Other offices within the Department of Defense for the collection of specialized national intelligence through reconnaissance programs;

(8) The intelligence elements of the Army, the Navy, the Air Force, the Marine Corps, the Coast Guard, the Federal Bureau of Investigation, the Drug Enforcement Administration, and the Department of Energy;

(9) The Bureau of Intelligence and Research of the Department of State;

(10) The Office of Intelligence and Analysis of the Department of the Treasury;

(11) The Office of Intelligence and Analysis of the Department of Homeland Security; or

(12) Such other elements of any department or agency as may be designated by the President, or designated jointly by the Director of National Intelligence and the head of the department or agency concerned, as an element of the intelligence community.

Interconnection arrangements means arrangements governing the physical connection of two or more networks to allow the use of another’s network to hand off traffic where it is ultimately delivered (e.g., connecting a customer of telephone provider A to a customer of telephone company B) or sharing data and other information resources.

Kaspersky Lab-covered article means any hardware, software, or service that-

(1) Is developed or provided by a Kaspersky Lab-covered entity;

(2) Includes any hardware, software, or service developed or provided in whole or in part by a Kaspersky Lab-covered entity; or

(3) Contains components using any hardware or software developed in whole or in part by a Kaspersky Lab-covered entity.

Kaspersky Lab-covered entity means-

(1) Kaspersky Lab;

Document Number: 36C78626Q50205 Page 23 of 43

(2) Any successor entity to Kaspersky Lab, including any change in name, e.g., “Kaspersky”;

(3) Any entity that controls, is controlled by, or is under common control with Kaspersky Lab; or

(4) Any entity of which Kaspersky Lab has a majority ownership.

National security system, as defined in 44 U.S.C. 3552, means any information system (including any telecommunications system) used or operated by an agency or by a contractor of an agency, or other organization on behalf of an agency-

(1) The function, operation, or use of which involves intelligence activities; involves cryptologic activities related to national security;

involves command and control of military forces; involves equipment that is an integral part of a weapon or weapons system; or is critical to the direct fulfillment of military or intelligence missions, but does not include a system that is to be used for routine administrative and business applications (including payroll, finance, logistics, and personnel management applications); or

(2) Is protected at all times by procedures established for information that have been specifically authorized under criteria established by an Executive order or an Act of Congress to be kept classified in the interest of national defense or foreign policy.

Roaming means cellular communications services (e.g., voice, video, data) received from a visited network when unable to connect to the facilities of the home network either because signal coverage is too weak or because traffic is too high.

Sensitive compartmented information means classified information concerning or derived from intelligence sources, methods, or analytical processes, which is required to be handled within formal access control systems established by the Director of National Intelligence.

Sensitive compartmented information system means a national security system authorized to process or store sensitive compartmented information.

Source means a non-Federal supplier, or potential supplier, of products or services, at any tier.

Subsidiary means an entity in which more than 50 percent of the entity is owned directly by a parent corporation or through another subsidiary of a parent corporation.

Substantial or essential component means any component necessary for the proper function or performance of a piece of equipment, system, or service.

Unmanned aircraft means an aircraft that is operated without the possibility of direct human intervention from within or on the aircraft (49 U.S.C. 44801(11)).

Unmanned aircraft system means an unmanned aircraft and associated elements (including communication links and the components that control the unmanned aircraft) that are required for the operator to operate safely and efficiently in the national airspace system (49 U.S.C. 44801(12)).

(b) Prohibitions on providing or using specific products or services in performance of contract. Unless a waiver or exception applies, the Contractor is prohibited from providing any products or services to the Government or using in the performance of the contract any of the following:

(1) A covered application on any information technology owned or managed by the Government, or on any information technology used or provided by the Contractor under this contract, including equipment provided by the Contractor’s employees (section 102 of Division R of the Consolidated…

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