QSE_36C78626Q50251.pdf

Document Number: 36C78626Q50251 Page 1 of 41

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES

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

F367471-26-2000016

PAGE 1 OF

5. SOLICITATION NUMBER

36C78626Q50251

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

DATE

08/28/2026

7. FOR SOLICITATION

INFORMATION CALL:

a. NAME David Hester

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

TIME

09/13/2026 05:00

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

X SMALL BUSINESS

HUBZONE SMALL

BUSINESS

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

367471CODE15. DELIVER TO

FORT SAM HOUSTON NATL CEMETERY (846)

DEPT OF VETERANS AFFAIRS (846)

FORT SAM HOUSTON NATL CEMETERY

1520 HARRY WURZBACK ROAD

SAN ANTONIO, TX 78209

CODE 36C78616. ADMINISTERED BY

NATIONAL CEMETERY ADMIN (786)

NATIONAL CEMETERY ADMINISTRATION

DEPT OF VETERANS AFFAIRS

18434 JOPLIN RD.

TRIANGLE, VA 22172

FACILITY

CODE

CODE

TELEPHONE NUMBER

17a. CONTRACTOR/

OFFEROR

NCA-VACOCODE18a. PAYMENT WILL BE MADE BY

TUNGSTEN

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

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

OFFER SEE ADDENDUM

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

CHECKED

19. ITEM NUMBER 20. SCHEDULE OF SUPPLIES/SERVICES

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

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

See Continuation Page (Section 1) Below

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

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

AND 52.212-5 ARE ATTACHED. ADDENDA

ARE ARE NOT ATTACHED

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

28. CONTRACTOR IS REQUIRED TO SIGN THIS DOCUMENT AND RETURN ____ COPIES TO

ISSUING OFFICE. CONTRACTOR AGREES TO FURNISH AND DELIVER ALL ITEMS SET FORTH

OR OTHERWISE IDENTIFIED ABOVE AND ON ANY ADDITIONAL SHEETS SUBJECT TO THE

TERMS AND CONDITIONS SPECIFIED.

29. AWARD OF CONTRACT: REFERENCE _____________________________

OFFER DATED _________________ . YOUR OFFER ON SOLICITATION (BLOCK

5) INCLUDING ANY ADDITIONS OR CHANGES WHICH ARE SET FORTH

HEREIN, IS ACCEPTED AS TO ITEMS:

30a. SIGNATURE OF OFFEROR/CONTRACTOR 31a. UNITED STATES OF AMERICA (SIGNATURE OF CONTRACTING OFFICER)

30b. NAME AND TITLE OF SIGNER (TYPE OR PRINT) 30c. DATE SIGNED 31b. NAME OF THE CONTRACTING OFFICER (TYPE OR PRINT) 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: 36C78626Q50251 Page 2 of 41

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: 36C78626Q50251 Page 3 of 41

Table of Contents

Section Description Page Number

1 Continuation Sheet 1 Tree Maint SOW_FY26_Fort Sam Houston.docx 1 Tree Maint Map 2 Contract Clauses

52.252-2 Clauses Incorporated by Reference (Feb 1998) Deliveries or Performance 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) 52.222-3 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 52.232-33 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) 52.203-17 Contractor Employee Whistleblower Rights (Nov 2023) 52.219-14 Limitations on Subcontracting (Oct 2022)

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) 52.216-1 Type of Contract (Apr 1984) 52.212-2 Evaluation-Commercial Products and Commercial Services (Nov 2021)

852.209-70 ORGANIZATIONAL CONFLICTS OF INTEREST (OCT 2020)

852.252-70 SOLICITATION PROVISIONS OR CLAUSES INCORPORATED BY REFERENCE

(JAN 2008)

4 ADMINISTRATIVE GUIDANCE FOR OFFERORS

4 Tree Maintenance Eval Criteria EOD Wage Deternation 2015-5253

Document Number: 36C78626Q50251 Page 4 of 41

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

19.000000 EA

Description: Medium Tree Routine Pruning height <25' - 40' AND DBH 12 - 24", tree pruning, clean up and disposal of debris

Period of Performance: 09/21/2026 - 11/30/2026

Reference Line: F367471-26-2000016 - 0001

Pricing Options: Base

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

60.000000 EA

Description: Large Tree Routine Pruning height >40' AND DBH > 24", tree pruning, clean up and disposal of debris

Period of Performance: 09/21/2026 - 11/30/2026

Reference Line: F367471-26-2000016 - 0002

Pricing Options: Base

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

3.000000 EA

Description: Large Tree Removal height >40' AND DBH > 24", tree removal, stump removal, topsoil fill, clean up and disposal of debris

Period of Performance: 09/21/2026 - 11/30/2026

Reference Line: F367471-26-2000016 - 0003

Pricing Options: Base

Document Number: 36C78626Q50251 Page 5 of 41

SCOPE OF WORK

National Cemetery Administration

Fort Sam Houston National Cemetery

San Antonio, TX 78209

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 Fort Sam 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:

Fort Sam Houston National Cemetery

1520 Harry Wurzbach Road

San Antonio, TX 78209

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.

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.

- Nineteen (19) medium trees are to receive routine pruning.

- Sixty (60) large trees are to receive routine pruning.

- Three (3) trees are to be removed.

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 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

Document Number: 36C78626Q50251 Page 6 of 41 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 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

Document Number: 36C78626Q50251 Page 7 of 41 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.

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

Document Number: 36C78626Q50251 Page 8 of 41 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.

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.

Document Number: 36C78626Q50251 Page 9 of 41

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.

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

Document Number: 36C78626Q50251 Page 10 of 41 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: 36C78626Q50251 Page 11 of 41

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: 36C78626Q50251 Page 12 of 41

Attachment A

Tree Worksheet for Fort Sam Houston National Cemetery

Individual Tree

Section Location Species DBH (in)

Estimated Height

(ft)

CLIN Description Notes Accepted Initials/Date

1 2 145 Emerald Ash 14 <40 001 Medium Tree

Routine Pruning

2 2 1 Live Oak 18 <40 001

3 2 299 Live Oak 25 >40 002 Large Tree Routine

Pruning

4 2 643 Live Oak 29 <40 002

5 3 1000A Live Oak 28 >40 002

6 3 1173 Live Oak 43 >40 002

7 3 1895A Live Oak 26 >40 002

8 3 1672 Live Oak 37 >40 002

9 3 1607 Live Oak 27 >40 002

10 4 27 Live Oak 31 <40 002

11 4 1451A Live Oak 18 <40 001

12 4 1192 Live Oak 22 >40 002

13 4 1364 Emerald Ash 30 >40 002

14 5 27A Live Oak 34 <40 002

15 5 529A Live Oak 31 >40 002

Document Number: 36C78626Q50251 Page 13 of 41

16 5 927A Live Oak 40 >40 002

17 6 934 Live Oak 24 >40 002

18 6 1224 Shumard Oak 21 <40 001

19 6 132 Velvet Ash 36 >40 003 Large Tree Removal

20 9 1691 Live Oak 29 >40 002

21 9 1318 Live Oak 29 >40 002

22 9 661 Shumard Oak 23 >40 002

23 9 52 Live Oak 24 >40 002

24 10 1887 Chinese Pistache

15 >40 002

25 10 1894 Tx Live Oak 33 >40 002

26 10 1853 Chinquapin Oak 29 >40 002

Pruning Powerline

27 10 58 Southern Live

Oak 40 >40 002

Large Tree Routine Pruning

Powerline

28 10 26 Chinquapin Oak 24 <40 001 Medium Tree

Routine Pruning Powerline

29 11 10 Chinese Pistache

22 <40 001

30 11 17 Live Oak 22 <40 001

31 15 465A Live Oak 27 >40 002

32 16 76 Southern Live

Oak 31 >40 003 Large Tree Removal Lightning Strike

33 16 826 Shumard Oak 23 >40 003 Large Tree Removal Dead

Document Number: 36C78626Q50251 Page 14 of 41

34 19 92 Shumard Oak 17 <40 001

35 19 69 Shumard Oak 18 <40 001

36 19 2 Shumard Oak 22 >40 002

37 19 212 Shumard Oak 22 >40 002

38 19 248 Shumard Oak 22 >40 002

39 19 448 Shumard Oak 23 >40 002

40 20 658 Live Oak 25 >40 002

41 20 509 Bur Oak 28 <40 002

42 20 892 Live Oak 28 >40 002

43 20 479 Live Oak 14 >40 002

44 24 513 Live Oak 36 >40 002

45 24 55 Cedar Elm 18 >40 002

Pruning Powerline

46 26 3131 Cedar Elm 20 <40 001

47 26 259 Live Oak 22 <40 001

48 26 247

Pistache

20 <40 001

49 29 363 Live Oak 25 >40 002

50 30 238 Live Oak 32 >40 002

51 33 297 Live Oak 22 <40 001

Powerline

Document Number: 36C78626Q50251 Page 15 of 41

52 36 693

Pistache

21 <40 001

53 36 573

Pistache

20 <40 001 Medium Tree

Routine Pruning Powerline

54 36 313 Cedar Elm 16 >40 002 Large Tree Routine

Pruning Powerline

55 2A 2178 Live Oak 53 >40 002

56 2A 2203 Live Oak 46 >40 002

57 2A 2051 Pecan 20 >40 002

58 2A 2852 Pecan 32 >40 002

59 8A 2195 Live Oak 25 >40 002

60 8A 2152 Cedar Elm 20 >40 002

61 8A 1953T Live Oak 30 >40 002

62 8A 1709 Live Oak 26 >40 002

63 8A 1472 Live Oak 27 <40 002

64 8A 949

Pistache

18 <40 001

65 AB 254C Live Oak 30 >40 002

66 AB 271 Live Oak 19 >40 002

67 AC 359 Live Oak 31 >40 002

68 AH 676 Live Oak 23 <40 001

69 AH 757 Live Oak 27 >40 002

Document Number: 36C78626Q50251 Page 16 of 41

70 AH 2004 Cedar Elm 25 >40 002

71 AH 2015 Live Oak 23 <40 001

72 AH 2281 Live Oak 28 >40 002

73 AH 2183 Live Oak 26 >40 002

74 AH 2190

Pistache

28 >40 002

75 AH 1471 Live Oak 30 >40 002

76 AH 1250 Chinese Tallow 28 >40 002

77 AJ 1293 Live Oak 25 <40 002

78 CQ N/A Chinquapin Oak 24 >40 002

79 CT N/A Live Oak 21 <40 001

80 M 339 Pecan 28 >40 002

81 PG 485 Live Oak 33 >40 002

82 PH 347 Live Oak 27 >40 002

Document Number: 36C78626Q50251 Page 17 of 41

Attachment B

CLIN Sheet for Fort Sam Houston National Cemetery

CLIN DESCRIPTION QTY UNIT UNIT PRICE AMOUNT

Medium Tree Routine Pruning – height 25' - 40' AND DBH 12 - 24";

tree pruning, cleanup and disposal of debris

19 EA. $_________ $________________

Large Tree Routine Pruning – height >40' AND DBH >24"; tree pruning, cleanup and disposal of debris

60 EA. $_________ $________________

Large Tree Removal – height >40' AND DBH >24"; tree removal, stump removal, topsoil fill, cleanup and disposal of debris

3 EA. $_________ $________________

TOTAL AMOUNT = $___________________

Document Number: 36C78626Q50251 Page 18 of 41

Attachment C

Site Plan for Fort Sam 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: 36C78626Q50251 Page 19 of 41

2S PC PF PI O U Y

AA

ABPB

AC

PE

PA PD PG M S

X

PH N T

2C

2B

W 2A

V

AJAH

AG

AH

AD MA

AI B

C

AJ

A

E D G J P

H K Q

F I L R

Z

Z A

D

8A

14A14

A

MA3

17 15 25

11 12

A

A 24

23 28

36 39

34 37 40 42

32 35 38 41

43 45

46 47 48 46A

47A 48A 52 53 57 58

49A

50A

62 63

92 93 72 73

94 95

65 66

104103

13B

W U

R Z

B A

C H

R

D

SAN ANTONIO BLVD

W I N A N S R D

SAN ANTONIO CIR

S A

N

A

N T

N E

W B

R A

U N

F E

L S

S T

S A

N

A

N T

O N

IO

C

IR

N U R S E R Y R

D

AUSTIN LOOP

SAN

S A N A N T O N I O B L V D

B R O W N S V I L L E D R

M A

S O

N S

T

F R

E D

R

IC

K S

B U

R G

S T

V I C T O R I A A V E

GOLIAD AVE

S A NG O N Z A L E S L O O P

S

A B

IN

E

P A

S S

S A

N

J A

C I

N T

O

B L

V D

A L A MO LOOP

SHELTER 1 SHELTER 2

SHELTER 3

SHELTER 4

PUBLIC INFO

COL 3

MEMORIAL WALL

SHELTER 5

RESTROOMS

HONOR

GAURD

ADMIN

RESTROOM

MAINTENANCE

VISITOR

ENTRANCE

L O

O P

CA -

J A C

B L

V D

COLUMBARIA CA thru CNN

ALONG MEMORIAL PATH

CENTER &

MA2

I N

O N

IO

C O

L

CQ

CR -

CNN

M E D I N A

LO

O P

H A

R R

Y

T O

CLEARANCE 11' - 9"

UNDERPASS MAX

S A

N M

A R

C O

S T

M A

C D

O N

IA

S

T

CIR

A U

S T

IN

C

IR

ANTONIO BLVD

AREA

ASSEMBLY

COL 4, 5, 6

97 98 99 100 107 108 109 110

146145

SEP 2025

N

S

W E

2L

1L3L

5L 2L

1L

7L

1L

2L

4L

4L

1L

1L1L

1L

4L

4L

2L

5L 3L

1L

1L

1L

2M4L 1L

1L

1M 2M

1M 1M

1M

3M

1M

2M

2M

2M

1M

Document Number: 36C78626Q50251 Page 20 of 41

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 19.000000 FORT SAM HOUSTON NATL CEMETERY (846)

DEPT OF VETERANS AFFAIRS (846)

FORT SAM HOUSTON NATL CEMETERY

1520 HARRY WURZBACK ROAD

SAN ANTONIO, TX 78209

Line Number/ Delivery Number

Delivery Quantity FOB Point Address

0002/1 60.000000 FORT SAM HOUSTON NATL CEMETERY (846)

DEPT OF VETERANS AFFAIRS (846)

FORT SAM HOUSTON NATL CEMETERY

1520 HARRY WURZBACK ROAD

SAN ANTONIO, TX 78209

Line Number/ Delivery Number

Delivery Quantity FOB Point Address

0003/1 3.000000 FORT SAM HOUSTON NATL CEMETERY (846)

DEPT OF VETERANS AFFAIRS (846)

FORT SAM HOUSTON NATL CEMETERY

1520 HARRY WURZBACK ROAD

SAN ANTONIO, TX 78209

PERIOD OF PERFORMANCE

ITEM START END

0001 09/21/2026 11/30/2026

0002 09/21/2026 11/30/2026

0003 09/21/2026 11/30/2026

Clause Title Fill-ins

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)

52.222-3 Convict Labor (June 2003)

Document Number: 36C78626Q50251 Page 21 of 41

Clause Title Fill-ins

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

52.232-33 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)

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.

(End of clause)

52.219-14 Limitations on Subcontracting (Oct 2022)

(a) This clause does not apply to the unrestricted portion of a partial set-aside.

(b) Definition. Similarly situated entity, as used in this clause, means a first-tier subcontractor, including an independent contractor, that--

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

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

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

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

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

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

Document Number: 36C78626Q50251 Page 22 of 41

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

[Contracting Officer check as appropriate.]

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

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

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

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

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

Document Number: 36C78626Q50251 Page 23 of 41

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

(End of clause)

852.203-70 COMMERCIAL ADVERTISING (MAY 2018)

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

(End of clause)

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

(a) The Contractor shall comply with current Department of Veterans Affairs policy for personal identity verification of all employees performing under this contract when frequent and continuing access to VA facilities or information systems is required.

(b) The Contractor shall insert this clause in all subcontracts when the subcontractor’s employees will require frequent and continuing access to VA facilities or information systems.

(End of clause)

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

BUSINESSES (NOV 2022)

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

(1) Means a small business concern-

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

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

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

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

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

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

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

(4) The term “small business concern owned and controlled by Veterans with service-connected disabilities” has the meaning given the term “small business concern owned and controlled by service-disabled veterans” under section 3(q)(2) of the Small Business

Document Number: 36C78626Q50251 Page 24 of 41

Act (15 U.S.C. 632(q)(2)), except that for a VA contract the firm must be listed in the VIP database (see paragraph (a)(1)(iv) of this clause).

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

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

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

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

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

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

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

(2) Supplies/products. (i) In the case of a contract for supplies or products (other than from a…