S02_36C78625B0043_New Maintenance Building Leavenworth 897CM3024.pdf

1. SOLICITATION NUMBER 2. TYPE OF SOLICITATION 3. DATE ISSUED PAGE OF PAGES

4. CONTRACT NUMBER 5. REQUISITION/PURCHASE REQUEST NUMBER 6. PROJECT NUMBER

7. ISSUED BY CODE 8. ADDRESS OFFER TO

a. NAME b. TELEPHONE NUMBER (Include area code) (NO COLLECT CALLS)

10. THE GOVERNMENT REQUIRES PERFORMANCE OF THE WORK DESCRIBED IN THESE DOCUMENTS (Title, identifying number, date)

12a. THE CONTRACTOR MUST FURNISH ANY REQUIRED PERFORMANCE AND PAYMENT BONDS?

(If "YES," indicate within how many calendar days after award in Item 12B.)

12b. CALENDAR DAYS

13. ADDITIONAL SOLICITATION REQUIREMENTS:

STANDARD FORM 1442 (REV. 8/2014) STANDARD FORM 1442

Prescribed by GSA-FAR (48 CFR) 52.236-1(d)

SOLICITATION, OFFER,

AND AWARD

(Construction, Alteration, or Repair)

SOLICITATION SOLICITATION

IMPORTANT - The "offer" section on the reverse must be fully completed by offeror.

9. FOR INFORMATION

CALL:

NOTE: In sealed bid solicitations "offer" and "offeror" mean "bid" and "bidder".

SEALED BID (IFB)

NEGOTIATED (RFP)

11. The Contractor shall begin performance within ____________ calendar days and complete it within ____________ calendar days after receiving award, notice to proceed. This performance period is mandatory negotiable. (See _____________________________).

YES NO

a. Sealed offers in original and ___________________copies to perform the work required are due at the place specified in Item 8 by _____________

(hour) local time _____________________ (date). If this is a sealed bid solicitation, offers must be publicly opened at that time. Sealed envelopes containing offers shall be marked to show the offeror's name and address, the solicitation number, the date and time offers are due.

b. An offer guarantee is, is not required.

c. All offers are subject to the (1) work requirements, and (2) other provisions and clauses incorporated in the solicitation in full text or by reference.

d. Offers providing less than _______________________ calendar days for Government acceptance after the date offers are due will not be considered and will be rejected.

1 90

36C78625B0043 X

N/A 897CM3024

36C786

Department of Veterans Affairs National Cemetery Administration Contracting Services 18434 Joplin Road Triangle VA 22172

Shane.Hilts@va.gov

Shane Hilts 402-7148099

Project Title: New Maintenance Building Project Location: Leavenworth National Cemetery, 150 Muncie Rd, Leavenworth, KS 66048

NAICS code 236220 is applicable for this procurement with the small business size standard of $45 million.

The magnitude of construction for this project is estimated to be between $5,000,000 and $10,000,000.

NOTICE OF SERVICE-DISABLED VETERAN-OWNED SMALL BUSINESS (SDVOSB) SET ASIDE IN ACCORDANCE WITH PUBLIC LAW 109-461.

Site Visit Information Date/Time: July 24, 2025, at 10:00 AM CST Location: Leavenworth National Cemetery, 150 Muncie Rd, Leavenworth, KS 66048 Attendees are to meet at the cemetery Administration Building

Bid Opening Teleconference Information Phone Number: 1-872-701-0185 Phone Conference ID: 638961579#

10 540

X 52.211-10

X 10

0 1:00 PM CST

08-14-2025

X

7/15/2025

14. NAME AND ADDRESS OF OFFEROR 15. TELEPHONE NUMBER

16. REMITTANCE ADDRESS

CODE FACILITY CODE

17. The offeror agrees to perform the work required at the prices specified below in strict accordance with the terms of the solicitation, if this offer is accepted by the Government in writing within __________ calendar days after the date offers are due.

AMOUNTS

18. The offeror agrees to furnish any required performance and payment bonds.

19. ACKNOWLEDGMENT OF AMENDMENTS

AMENDMENT

NUMBER

DATE.

20a. NAME AND TITLE OF PERSON AUTHORIZED TO SIGN OFFER 20b. SIGNATURE 20c. OFFER DATE

21. ITEMS ACCEPTED:

22. AMOUNT 23. ACCOUNTING AND APPROPRIATION DATA

24. SUBMIT INVOICES TO ADDRESS SHOWN IN ITEM 25. OTHER THAN FULL AND OPEN COMPETITION PURSUANT TO

10 U.S.C. 2304(c)( ) 41 U.S.C. 3304(a) ( )

26. ADMINISTERED BY 27. PAYMENT WILL BE MADE BY

PHONE: FAX:

28. NEGOTIATED AGREEMENT 29. AWARD Your Contractor agrees offer on this solicitation is hereby accepted as to the items listed. This to furnish and deliver all items or perform all work requirements identified award consummates the contract, which consists of (a) the Government on this form and any continuation sheets for the consideration stated in solicitation and your offer, and (b) this contract award. No further cont-this contract. The rights and obligations of the parties to this contract ractual document is necessary.

shall be governed by (a) this contract award, (b) the solicitation, and (c) the clauses, representations, certifications, and specifications incorporated by reference in or attached to this contract.

30a. NAME AND TITLE OF CONTRACTOR OR PERSON AUTHORIZED 31a. NAME OF CONTRACTING OFFICER

TO SIGN

30b. SIGNATURE 30c. DATE 31b. UNITED STATES OF AMERICA 31c. AWARD DATE

BY

OFFER

AWARD

STANDARD FORM 1442 (REV. 8/2014) BACK

(Include ZIP Code) (Include area code)

(Include only if different than Item 14.)

(Insert any number equal to or greater than the minimum requirement stated in Item 13d. Failure to insert any number means the offeror accepts the minimum in Item 13d.)

(The offeror acknowledges receipt of amendments to the solicitation -- give number and date of each)

(Type or print)

(4 copies unless otherwise specified)

(Type or print) (Type or print)

(Contractor is required to sign this document and return _______ copies to issuing office.)

(Contractor is not required to sign this document.)

(Must be fully completed by offeror)

(To be completed by Government)

CONTRACTING OFFICER WILL COMPLETE ITEM 28 OR 29 AS APPLICABLE

36C786

Department of Veterans Affairs National Cemetery Administration Contracting Services 18434 Joplin Road Triangle VA 22172 http://www.tungsten-network.com/customer -campaigns/veterans-affairs/

1-877-752-0900

36C78625B0043

Table of Contents

PART I - THE SCHEDULE

SECTION A - SOLICITATION/CONTRACT FORM

A.1 SF 1442 SOLICITATION, OFFER, AND AWARD (Construction, Alteration, or Repair)

A.2 SF 1442 SOLICITATION, OFFER, AND AWARD (CONSTRUCTION,

ALTERATION, OR REPAIR)– BACK

SECTION B - SUPPLIES OR SERVICES AND PRICE/COSTS

B.1 PRICE SCHEDULE

ITEM INFORMATION

SECTION C - DESCRIPTION/SPECIFICATIONS/STATEMENT OF WORK

SECTION D - PACKAGING AND MARKING

[For this IFB, there are NO clauses in this Section]

SECTION E - INSPECTION AND ACCEPTANCE

E.1 FAR 52.246-12 INSPECTION OF CONSTRUCTION (AUG 1996)

SECTION F - DELIVERIES OR PERFORMANCE

F.1 FAR 52.242-14 SUSPENSION OF WORK (APR 1984)

F.2 FAR 52.211-10 COMMENCEMENT, PROSECUTION, AND COMPLETION OF

WORK (APR 1984) ALTERNATE I (APR 1984)

F.3 FAR LIQUIDATED DAMAGES-CONSTRUCITON (SEP 2000)

SECTION G - CONTRACT ADMINISTRATION DATA

G.1 INVOICES:

G.2 CONTRACTOR PERFORMANCE ASSESSMENT REPORTING SYSTEM:

G.3 STANDARD FORM 1413:

G.4 CERTIFIED PAYROLL FORMS:

G.5 DAVIS-BACON POSTER:

G.6 WAGE DETERMINATION:

SECTION H - SPECIAL CONTRACT REQUIREMENTS

H.1 NCA Dignity Clause

PART II - CONTRACT CLAUSES

SECTION I - CONTRACT CLAUSES

I.1 FAR 52.252-2 CLAUSES INCORPORATED BY REFERENCE (FEB 1998)

I.2 FAR 52.204-30 FEDERAL ACQUISITION SUPPLY CHAIN SECURITY ACT

ORDERS—PROHIBITION (DEC 2023)

I.3 FAR 52.219-28 POSTAWARD SMALL BUSINESS PROGRAM

REREPRESENTATION (JAN 2025)

I.4 FAR 52.222-6 CONSTRUCTION WAGE RATE REQUIREMENTS (AUG

2018)(DEVIATION FEB 2025)

I.5 FAR 52.222-11 SUBCONTRACTS (LABOR STANDARDS) (MAY 2014)(DEVIATION

FEB 2025)

I.6 FAR 52.222-12 CONTRACT TERMINATION—DEBARMENT (MAY

2014)(DEVIATION FEB 2025)

I.7 52.223-9 ESTIMATE OF PERCENTAGE OF RECOVERED MATERIAL CONTENT

FOR EPA-DESIGNATED ITEMS (MAY 2008)

I.8 FAR 52.223-21 FOAMS (MAY 2024)

I.9 FAR 52.225-11 BUY AMERICAN—CONSTRUCTION MATERIALS UNDER TRADE

AGREEMENTS (NOV 2023) ALTERNATE I (NOV 2023)

I.10 FAR 52.227-3 PATENT INDEMNITY (APR 1984) ALTERNATE I (APR 1984)

I.11 FAR 52.228-5 INSURANCE—WORK ON A GOVERNMENT INSTALLATION (JAN

1997)

I.12 SUPPLEMENTAL INSURANCE REQUIREMENTS

I.13 FAR 52.236-1 PERFORMANCE OF WORK BY THE CONTRACTOR (APR 1984) 46

I.14 FAR 52.244-6 SUBCONTRACTS FOR COMMERCIAL PRODUCTS AND

COMMERCIAL SERVICES (JAN 2025)(DEVIATION FEB 2025)

I.15 FAR 52.252-6 AUTHORIZED DEVIATIONS IN CLAUSES (NOV 2020)

I.16 VAAR 852.201-70 CONTRACTING OFFICER'S REPRESENTATIVE (DEC 2022)

I.17 VAAR 852.203-70 COMMERCIAL ADVERTISING (MAY 2018)

I.18 VAAR 852.219-73 VA NOTICE OF TOTAL SET-ASIDE FOR CERTIFIED

SERVICE-DISABLED VETERAN-OWNED SMALL BUSINESSES (JAN 2023)

(DEVIATION)

I.19 VAAR 852.219-75 VA NOTICE OF LIMITATIONS ON SUBCONTRACTING—

CERTIFICATE OF COMPLIANCE FOR SERVICES AND CONSTRUCTION (JAN 2023)

(DEVIATION)

I.20 VAAR 852.222-71 COMPLIANCE WITH EXECUTIVE ORDER 13899

(DEVIATION)(APR 2025)

I.21 VAAR 852.228-70 BOND PREMIUM ADJUSTMENT (JAN 2008)

I.22 VAAR 852.228-72 ASSISTING SERVICE-DISABLED VETERAN-OWNED AND

VETERAN-OWNED SMALL BUSINESSES IN OBTAINING BONDS (DEC 2009)

I.23 VAAR 852.232-71 PAYMENTS UNDER FIXED-PRICE CONSTRUCTION

CONTRACTS (INCLUDING NAS– CPM) (NOV 2018)

I.24 VAAR 852.232-72 ELECTRONIC SUBMISSION OF PAYMENT REQUESTS (NOV

2018)

I.25 VAAR 852.236-71 SPECIFICATIONS AND DRAWINGS FOR CONSTRUCTION

(APR 2019)

I.26 VAAR 852.236-79 CONTRACTOR PRODUCTION REPORT (APR 2019)

I.27 VAAR 852.236-80 SUBCONTRACTS AND WORK COORDINATION (APR 2019)

I.28 VAAR 852.242-70 GOVERNMENT CONSTRUCTION CONTRACT

ADMINISTRATION (OCT 2020)

I.29 VAAR 852.242-71 ADMINISTRATIVE CONTRACTING OFFICER (OCT 2020) ... 62

I.30 VAAR 852.243-70 CONSTRUCTION CONTRACT CHANGES—SUPPLEMENT

(SEP 2019)

I.31 MANDATORY WRITTEN DISCLOSURES

PART III - LIST OF DOCUMENTS, EXHIBITS AND OTHER ATTACHMENTS

SECTION J - LIST OF ATTACHMENTS

PART IV - REPRESENTATIONS AND INSTRUCTIONS

SECTION K - REPRESENTATIONS, CERTIFICATIONS AND OTHER STATEMENTS OF

OFFERORS

K.1 52.204-8 ANNUAL REPRESENTATIONS AND CERTIFICATIONS (JAN

2025)(DEVIATIONS FEB 2025)

K.2 52.204-24 REPRESENTATION REGARDING CERTAIN TELECOMMUNICATIONS

AND VIDEO SURVEILLANCE SERVICES OR EQUIPMENT (NOV 2021)

K.3 52.204-29 FEDERAL ACQUISITION SUPPLY CHAIN SECURITY ACT

ORDERS—REPRESENTATION AND DISCLOSURES (DEC 2023)

K.4 52.209-7 INFORMATION REGARDING RESPONSIBILITY MATTERS (OCT 2018)

K.5 52.209-13 VIOLATION OF ARMS CONTROL TREATIES OR AGREEMENTS—

CERTIFICATION (NOV 2021)

K.6 52.229-11 TAX ON CERTAIN FOREIGN PROCUREMENTS—NOTICE AND

REPRESENTATION (JUN 2020)

SECTION L - INSTRUCTIONS, CONDITIONS, AND NOTICES TO OFFERORS

L.1 INSTRUCTIONS TO BIDDERS

CONTRACTOR'S SIGNATURE

TECHNICAL QUESTIONS AND INQUIRIES

BIDDING MATERIAL

PREPARATION OF BIDS

BID SUBMISSION DOCUMENTS

DELIVERY OF BIDS

BID OPENING

INFORMATION REGARDING BID GUARANTEE AND BONDS

VETS 4212

SYSTEM FOR AWARD MANAGEMENT (SAM)

L.2 FAR 52.252-1 SOLICITATION PROVISIONS INCORPORATED BY REFERENCE

(FEB 1998)

L.3 FAR 52.201-1 ACQUISITION 360: VOLUNTARY SURVEY (SEP 2023)

L.4 FAR 52.216-1 TYPE OF CONTRACT (APR 1984)

L.5 FAR 52.222-5 CONSTRUCTION WAGE RATE REQUIREMENTS—SECONDARY

SITE OF THE WORK (MAY 2014)

L.6 FAR 52.225-12 NOTICE OF BUY AMERICAN REQUIREMENT-CONSTRUCTION

MATERIALS UNDER TRADE AGREEMENTS (MAY 2014)

L.7 FAR 52.228-1 BID GUARANTEE (SEP 1996)

L.8 FAR 52.233-2 SERVICE OF PROTEST (SEP 2006)

L.9 FAR 52.236-27 SITE VISIT (CONSTRUCTION) (FEB 1995) ALTERNATE I (FEB

1995)

L.10 FAR 52.252-5 AUTHORIZED DEVIATIONS IN PROVISIONS (NOV 2020)

L.11 VAAR 852.223-70 INSTRUCTIONS TO OFFERORS—SUSTAINABLE

ACQUISITION PLAN (SEP 2019)

L.12 VAAR 852.223-71 SAFETY AND HEALTH (SEP 2019)

L.13 VAAR 852.233-70 PROTEST CONTENT/ALTERNATIVE DISPUTE RESOLUTION

(OCT 2018)

L.14 VAAR 852.233-71 ALTERNATE PROTEST PROCEDURE (OCT 2018)

SECTION M - EVALUATION FACTORS FOR AWARD

36C78625B0043 Section B

SECTION B - SUPPLIES OR SERVICES AND PRICE/COSTS

B.1 PRICE SCHEDULE

ITEM INFORMATION

ITEM

NUMBER

DESCRIPTION OF

SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

1.00 JB __________________ __________________

Construction Services in accordance with attached Statement of Work, Bid Drawings, Bid

Specifications, and attached supporting documents for PN: 897CM3024 Contract Period: Base POP Begin:

POP End:

PRINCIPAL NAICS CODE: 236220 - Commercial and Institutional Building Construction PRODUCT/SERVICE CODE: Y1JZ - Construction of Miscellaneous Buildings

GRAND TOTAL __________________

36C78625B0043 Section C

SECTION C - DESCRIPTION/SPECIFICATIONS/STATEMENT OF WORK

PART I – PROJECT OBJECTIVES

A1. Statement of Work

STATEMENT OF BID ITEM(S) 817MR25005

A. CLIN 0001 – BASE BID TO CONSTRUCT MAINTENANCE BUILDING, GENERAL

CONSTRUCTION: Installation of all work shown on the plans and described in the specifications. Includes the following: The scope of this project is to implement the existing cemetery masterplan and provide construction of a new Maintenance Building, Wash Bay, Vehicle Storage, Covered Parking and Headstone Storage buildings, Above Ground Fuel Storage (gas, diesel, and propane), associated supporting infrastructure, paving and sidewalk improvements, fencing, gates, demolition of the existing Maintenance buildings and associated infrastructure, site remediation and miscellaneous other work as described in this Scope of Work (SOW) and included on construction documents.

A.2 General Conditions

1. All work will be accomplished during normal business hours (8:00 am to 4:30 pm) Monday through Friday, except Federal Holidays.

2. Before beginning any demolition work, the Contractor shall survey the site and examine the drawings and review the scope of work to determine the extent of the work. The Contractor shall take the necessary precautions to avoid damages to existing items to remain in place, to be reused or to remain the property of the Cemetery. Any damaged items shall be repaired or replaced at the Contractors expense as directed by the Contracting Officer’s Representative (COR).

3. Establish construction limits, install safety controls, and install construction fencing as approved by the COR.

4. SITE SURVEY: Locate and stake/flag all underground utilities.

5. SITE CLEARING: Remove grass and other vegetation or obstructions as required to permit grading of the site within the project limits. Dispose/haul away and dump trash, debris and waste to an approved disposal site.

6. EROSION CONTROL AND SITE DRAINAGE: Contractor shall provide erosion control measures to prevent erosion or displacement of soils and discharge of soil bearing water runoff or airborne dust.

7. SITE GRADING AND FINISHING: Perform grading within the limits of the project to the lines, grades, and elevations indicated and as specified. Thoroughly clean up the work area at the end of each day’s work and at completion of the project. Leave premises clean and free of waste, scrap, used equipment or other material intentionally or incidentally delivered to the site by Contractor or Contractor’s personnel.

8. LANDSCAPING: Provide turf or seed grass sod. The Contractor shall protect from damage all existing improvements, equipment, structures, facilities, grounds and utilities at or near the work site or adjacent property. The Contractor shall repair any damage to those facilities, including those that are the property of a third party, resulting from failure to comply with the requirements of this contract or failure to exercise reasonable care in performing the work.

9. Contractor must completely prepare site for building operations, including demolition and removal of existing structures, and furnish labor, materials, equipment and services and perform and complete all work for Maintenance Building at Leavenworth National Cemetery as required by drawings and specifications.

10. Phasing: To ensure such executions, the Contractor must furnish the COR with a schedule of approximate dates on which the Contractor intends to accomplish work in each specific area of site, building or portion thereof. In addition, the Contractor must notify the COR two weeks in advance of the proposed date of starting work in each specific area of site, building or portion thereof. Arrange such dates to ensure accomplishment of this work in successive phases mutually agreeable to the Cemetery Director, COR and Contractor, as follows:

Phase I: Construction of new maintenance building and yard.

Phase II: Contractor support to move existing furniture and equipment from existing temporary trailer, existing maintenance building and yard to the new maintenance building and yard.

Phase III: Demolition and removal of existing maintenance building and yard.

11. Upon completion of contract, deliver work complete and undamaged. Existing materials, equipment, structures, facilities, grounds and disturbed or removed as a result of performing required new work, shall be patched, repaired, reinstalled, or replaced with new work, and refinished and left in good condition as existed before commencing work.

12. Remove, cut, alter, replace, patch and repair existing work as necessary to install new work. Existing work to be altered or extended and that is found to be defective in any way, shall be reported to the Contracting Officer and the COR before it is disturbed.

Materials and workmanship used in restoring work shall conform in type and quality to that of original existing construction, except as otherwise shown or specified.

13. Thoroughly clean up the work area at the end of each day’s work and at the completion of the project. Leave premises clean and free of waste, scraps, used equipment or other material intentionally or accidentally delivered to the site by the Contractor or Contractor’s personnel.

14. The Contractor shall preserve and protect all structures, equipment, and vegetation (such as trees, shrubs and grass) on or adjacent to the work site not to be removed and do not reasonably interfere with the work required under this contract. The Contractor shall only remove trees when specifically authorized to do so and shall avoid damaging vegetation that will remain in place. If any limbs or branches of trees are broken during contract performance, or by careless operation of equipment, or by workmen, the Contractor shall trim those limbs or branches with a clean cut and paint the cut with a tree-pruning compound as directed by the Contracting Officer.

15. The Contractor shall protect from damage all existing improvements and utilities at or near the work site and on adjacent property of a third party, the locations of which are made known to or should be made known by the Contractor. The Contractor shall repair any damage to those facilities, including those that are the property of a third party, resulting from failure to comply with the requirements of this contract or failure to exercise reasonable care in performing the work. If the Contractor fails or refuses to repair the damage promptly, the Contracting Officer may have the necessary work performed and charge the cost to the Contractor.

16. The Contractor shall coordinate with the Cemetery Director for parking, material storage, temporary buildings (e.g., storage trailers, office trailers, portable restroom facilities) and any other needs for the work.

17. COMMISSIONING: Commissioning of a system or systems specified for this project is part of the construction process. Documentation and testing of these systems, as well as training of the VA’s Operation and Maintenance personnel, is required in cooperation with the VA and the Contractor’s third party CxA.

A3. Other Requirements:

1. Contractor shall secure all necessary permits including any environmental permit required to meet compliance.

2. Contractor shall investigate all on-site conditions including all utilities prior to construction.

3. Contractor shall grade the site to maintain proper site drainage.

4. Contractor shall provide daily progress summary and electronic photos (minimum of 10 daily) to show construction progress through e-mail to the COR.

5. Contractor shall provide a certificate of warranty for material supplied and workmanship for a minimum of one year from the date of acceptance.

6. Contractor shall provide two copies of Operation and Maintenance Manuals, if required, at the final inspection.

7. Contractor shall perform daily clean up and final clean up.

8. Contractor shall dispose of all waste materials properly off site.

9. Seal concrete.

10. Protect existing roads and undisturbed infrastructures and environments.

11. Repair and restore all damages to be as good as the original conditions or better due to construction activities.

12. Prior to submitting any bid, a site meeting will be held and participants would include but not limited to the contractor, contracting officer and/or COR, District Engineer, and the Cemetery Director. The purpose of the meeting would be to visit site locations, clarification of scope, and to thoroughly investigate the site to ensure a clear understanding of the project.

A4. Schedule

1. The anticipated completion of this project is 18 months or 540 calendar days after receipt of Notice to Proceed.

2. The New Maintenance Building beneficial occupancy is 12 months or 365 days after receipt of Notice to Proceed.

A5. Definitions

1. Construction contract as defined by the Department of Veterans Affairs (VA) is the procurement by the Government, under one contract, with one firm or joint venture (JV) for construction services for a specific project.

2. Contracting Officer: The services to be performed under this contract are subject to the general supervision, direction, control and approval of the Contracting Officer. The Contracting Officer is the only person authorized to obligate the government, interpret or change the contract.

3. Project Manager / Contracting Officer’s Representative (COR): The COR is the Contracting Officer's authorized representative. The COR is responsible for protecting the Government's interest in the execution of the construction contract work. His duties include surveillance of all construction work to assure compliance with the contract documents, approval of all submittals, samples, shop drawings, etc.

4. Contract: This term, as used herein, refers to the Contract(s) to perform the construction of the project.

5. Contractor: This term, as used herein, refers to the contractor under this contract.

A6. Location

1. Leavenworth National Cemetery, 150 Muncie Road, Leavenworth, Kansas 66048.

B. PART II – RESPONSIBILITIES OF THE DESIGN-BUILD TEAM

1. The section is not applicable for this IFB.

C. PART III - PROPOSAL REQUIREMENTS

1. The section is not applicable for this IFB.

D. PART IV - POST AWARD REQUIREMENTS

1. Construction Period Submittals Shop drawings and submittals - The Contractor shall be responsible to ensure that the VA COR reviews shop drawings, detail drawings, schedules, descriptive literature and samples, and review the color, texture and suitability of materials for conformity with the contract documents. The COR shall recommend approval, disapproval, or other suitable disposition. The VA COR will have final approval authority.

Other submittals – The Contractor shall submit test results, certificates, manufacturer’s instructions, manufacturer’s field reports, etc. as required by the VA IFB specifications, to the VA COR.

Project record drawings - The Contractor will maintain a set of construction documents (field as-built drawings) to record actual construction changes during the construction process as required by the IFB specifications. The project record drawings will be available for review by the VA COR at all times.

2. Project Close-Out. The Contractor shall comply with the requirements in the “General Conditions”, and “General Requirements”, for submission of final IFB as-built drawings, manuals, and other documents as noted. Required as-built drawings and specifications will be submitted in the same format required for the construction documents.

3. Site Visits and Inspections. At the behest of the Contractor, the VA COR/inspector shall observe the construction, advise the contractor of any deviations or deficiencies or solutions to issues discussed.

36C78625B0043 Section D

SECTION D - PACKAGING AND MARKING

[For this IFB, there are NO clauses in this Section]

36C78625B0043 Section E

SECTION E - INSPECTION AND ACCEPTANCE

E.1 FAR 52.246-12 INSPECTION OF CONSTRUCTION (AUG 1996)

(a) Definition. "Work" includes, but is not limited to, materials, workmanship, and manufacture and fabrication of components.

(b) The Contractor shall maintain an adequate inspection system and perform such inspections as will ensure that the work performed under the contract conforms to contract requirements.

The Contractor shall maintain complete inspection records and make them available to the Government. All work shall be conducted under the general direction of the Contracting Officer and is subject to Government inspection and test at all places and at all reasonable times before acceptance to ensure strict compliance with the terms of the contract.

(c) Government inspections and tests are for the sole benefit of the Government and do not—

(1) Relieve the Contractor of responsibility for providing adequate quality control measures;

(2) Relieve the Contractor of responsibility for damage to or loss of the material before acceptance;

(3) Constitute or imply acceptance; or

(4) Affect the continuing rights of the Government after acceptance of the completed work under paragraph (i) below.

(d) The presence or absence of a Government inspector does not relieve the Contractor from any contract requirement, nor is the inspector authorized to change any term or condition of the specification without the Contracting Officer's written authorization.

(e) The Contractor shall promptly furnish, at no increase in contract price, all facilities, labor, and material reasonably needed for performing such safe and convenient inspections and tests as may be required by the Contracting Officer. The Government may charge to the Contractor any additional cost of inspection or test when work is not ready at the time specified by the Contractor for inspection or test, or when prior rejection makes reinspection or retest necessary.

The Government shall perform all inspections and tests in a manner that will not unnecessarily delay the work. Special, full size, and performance tests shall be performed as described in the contract.

(f) The Contractor shall, without charge, replace or correct work found by the Government not to conform to contract requirements, unless in the public interest the Government consents to accept the work with an appropriate adjustment in contract price. The Contractor shall promptly segregate and remove rejected material from the premises.

(g) If the Contractor does not promptly replace or correct rejected work, the Government may

(1) by contract or otherwise, replace or correct the work and charge the cost to the Contractor or

(2) terminate for default the Contractor's right to proceed.

36C78625B0043 Section E

(h) If, before acceptance of the entire work, the Government decides to examine already completed work by removing it or tearing it out, the Contractor, on request, shall promptly furnish all necessary facilities, labor, and material. If the work is found to be defective or nonconforming in any material respect due to the fault of the Contractor or its subcontractors, the Contractor shall defray the expenses of the examination and of satisfactory reconstruction.

However, if the work is found to meet contract requirements, the Contracting Officer shall make an equitable adjustment for the additional services involved in the examination and reconstruction, including, if completion of the work was thereby delayed, an extension of time.

(i) Unless otherwise specified in the contract, the Government shall accept, as promptly as practicable after completion and inspection, all work required by the contract or that portion of the work the Contracting Officer determines can be accepted separately. Acceptance shall be final and conclusive except for latent defects, fraud, gross mistakes amounting to fraud, or the Government's rights under any warranty or guarantee.

(End of Clause)

36C78625B0043 Section F

SECTION F - DELIVERIES OR PERFORMANCE

F.1 FAR 52.242-14 SUSPENSION OF WORK (APR 1984)

(a) The Contracting Officer may order the Contractor, in writing, to suspend, delay, or interrupt all or any part of the work of this contract for the period of time that the Contracting Officer determines appropriate for the convenience of the Government.

(b) If the performance of all or any part of the work is, for an unreasonable period of time, suspended, delayed, or interrupted (1) by an act of the Contracting Officer in the administration of this contract, or (2) by the Contracting Officer's failure to act within the time specified in this contract (or within a reasonable time if not specified), an adjustment shall be made for any increase in the cost of performance of this contract (excluding profit) necessarily caused by the unreasonable suspension, delay, or interruption, and the contract modified in writing accordingly. However, no adjustment shall be made under this clause for any suspension, delay, or interruption to the extent that performance would have been so suspended, delayed, or interrupted by any other cause, including the fault or negligence of the Contractor, or for which an equitable adjustment is provided for or excluded under any other term or condition of this contract.

(c) A claim under this clause shall not be allowed (1) for any costs incurred more than 20 days before the Contractor shall have notified the Contracting Officer in writing of the act or failure to act involved (but this requirement shall not apply as to a claim resulting from a suspension order), and (2) unless the claim, in an amount stated, is asserted in writing as soon as practicable after the termination of the suspension, delay, or interruption, but not later than the date of final payment under the contract.

(End of Clause)

F.2 FAR 52.211-10 COMMENCEMENT, PROSECUTION, AND COMPLETION

OF WORK (APR 1984) ALTERNATE I (APR 1984)

The Contractor shall be required to (a) commence work under this contract within 10 calendar days after the date the Contractor receives the notice to proceed, (b) prosecute the work diligently, and (c) complete the entire work ready for use not later than 540 days after the date the contractor receives the notice to proceed. The time stated for completion shall include final cleanup of the premises.

The completion date is based on the assumption that the successful offeror will receive the notice to proceed by 09-30-2025. The completion date will be extended by the number of calendar days after the above date that the Contractor receives the notice to proceed, except to the extent that the delay in issuance of the notice to proceed results from the failure of the Contractor to execute the contract and give the required performance and payment bonds within the time specified in the offer.

36C78625B0043 Section F

F.3 FAR LIQUIDATED DAMAGES-CONSTRUCITON (SEP 2000)

(a)If the Contractor fails to complete the work within the time specified in the contract, the Contractor shall pay liquidated damages to the Government in the amount of $1,075.00 for each calendar day of delay until the work is completed or accepted.

(b)If the Government terminates the Contractor’s right to proceed, liquidated damages will continue to accrue until the work is completed. These liquidated damages are in addition to excess costs of repurchase under the Termination clause.

(End of clause)

36C78625B0043 Section G

SECTION G - CONTRACT ADMINISTRATION DATA

All contract administration matters will be handled by the following individuals:

a. CONTRACTOR: TBD

Unique Entity ID:

Tax ID Number:

Contact Person:

Telephone #:

Email address:

b. GOVERNMENT: Contracting Officer (36C786)

Department of Veterans Affairs, National Cemetery Administration Contracting Service 18434 Joplin Road Triangle, VA 22172

G.1 INVOICES:

All invoices from the Contractor shall be submitted electronically in accordance with VAAR Clause 852.232-72 “Electronic Submission of Payment Requests.” to the following web address:

http://www.fsc.va.gov/einvoice.asp. For questions regarding invoice receipt or payment, please call VAFSC directly at 1-877-353-9791 or email vafsccshd@va.gov

G.2 CONTRACTOR PERFORMANCE ASSESSMENT REPORTING SYSTEM:

a. FAR 42.1502 directs all Federal agencies to collect Past Performance information on contracts. The Department of the Interior (DOI) has implemented the Contractor Performance Assessment Reporting System (CPARS) to comply with this regulation.

One (1) or more past performance evaluations will be conducted in order to record your contract performance as required by FAR 42.15.

b. The Past Performance evaluation process is a totally paperless process using CPARS.

CPARS is a web-based system that allows for electronic processing of the performance evaluation report. Once the report is processed, it is available in the Past Performance Information Retrieval System (PPIRS) for Government use in evaluating past performance as part of a source selection action.

c. It is requested that you furnish the Contracting Officer (CO) with the name, position title, phone number, and email address for each person designated to have access to your firm's past performance evaluation(s) for the contract no later than thirty (30) days after award. Each person granted access will have the ability to provide comments in the Contractor portion of the report and state whether or not the Contractor agrees with the evaluation, before returning the report to the Assessing Official (AO). Information in the report must be protected as source selection sensitive information not releasable to the public.

d. When your Contractor Representative(s) are registered in CPARS, they will receive an automatically generated email with detailed login instructions. Further details, systems requirements, and training information for CPARS is available at https://www.cpars.gov/.

e. Within sixty (60) days after the end of a performance period, the AO will complete an interim or final past performance evaluation, and the report will be accessible at https://www.cpars.gov/.

1. Contractor Representatives may then provide comments in response to the evaluation or return the evaluation without comment.

2. Your comments should focus on objective facts in the AO's narrative and should provide your views on the causes and ramifications of the assessed performance.

3. All information provided should be reviewed for accuracy prior to submission.

4. If you elect not to provide comments, please acknowledge receipt of the evaluation by indicating "No comment" in the space provided, and then selecting “Accept the Ratings and Close the Evaluation”.

5. Your response is due within sixty (60) calendar days after receipt of the CPAR.

On day fifteen (15), the evaluation will become available in PPIRS-RC marked as “Pending” with or without comments and whether or not it has been closed. If you do not sign and submit the CPAR within sixty (60) days, it will automatically be returned to the Government and will be annotated: "The report was delivered/received by the contractor on (date). The contractor neither signed nor offered comment in response to this assessment."

f. The following guidelines apply concerning your use of the past performance evaluation:

1. Protect the evaluation as source selection information. After review, transmit the evaluation by completing and submitting the form through CPARS. If for some reason you are unable to view and/or submit the form through CPARS, contact the CO for instructions. Strictly control access to the evaluation within your organization. Ensure the evaluation is never released to persons or entities outside of your control.

2. Prohibit the use of or reference to evaluation data for advertising, promotional material, pre-award surveys, responsibility determinations, production readiness reviews, or other similar purposes.

g. If you wish to discuss a Past Performance evaluation, you should request a meeting in writing to the CO no later than seven (7) days following your receipt of the evaluation.

The meeting will be held via telephone or other means during your sixty (60)-day review period.

A copy of the completed past performance evaluation will be available in CPARS for your viewing and for Government use supporting source selection actions after it has been finalized.

G.3 STANDARD FORM 1413:

Contractor is to submit to the administering Contract Specialist via email a copy of all Standard Form 1413’s for subcontractors performing on this project prior to work being started.

G.4 CERTIFIED PAYROLL FORMS:

Contractor is to submit to the administering Contract Specialist via email a copy of all certified payrolls for all prime and subcontractor employees performing work on this project in accordance with FAR clause 52.222-8.

G.5 DAVIS-BACON POSTER:

Contractor shall post the Davis-Bacon Poster and applicable wage determination at the site of work in a prominent and accessible place where it may be easily seen by employees.

G.6 WAGE DETERMINATION:

Full text of the Wage Determination(s) are provided as an attachment to this solicitation.

36C78625B0043 Section H

SECTION H - SPECIAL CONTRACT REQUIREMENTS

H.1 NCA Dignity Clause

Every action by contractor personnel at a national cemetery must be performed with the special care, reverence, dignity, and respect that acknowledges the cemetery as the final resting place that commemorates the service and sacrifice that service members, Veterans and their families made for our Nation. Critically important is the awareness required of the Contractor employees of the remains buried in the grounds where the work is performed. The utmost care must be given to these remains and the headstones and flat grave markers that mark those gravesites and memorialize the service of individuals.

36C78625B0043 Section I

PART II - CONTRACT CLAUSES

SECTION I - CONTRACT CLAUSES

I.1 FAR 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):

https://www.acquisition.gov/browse/index/far https://www.va.gov/oal/library/vaar/

FAR

Number

Title Date

52.202-1 DEFINITIONS JUN 2020

52.203-3 GRATUITIES APR 1984

52.203-5 COVENANT AGAINST CONTINGENT FEES MAY 2014

52.203-6 RESTRICTIONS ON SUBCONTRACTOR SALES TO THE

GOVERNMENT

JUN 2020

52.203-7 ANTI-KICKBACK PROCEDURES JUN 2020

52.203-8 CANCELLATION, RESCISSION, AND RECOVERY OF

FUNDS FOR ILLEGAL OR IMPROPER ACTIVITY

MAY 2014

52.203-10 PRICE OR FEE ADJUSTMENT FOR ILLEGAL OR

IMPROPER ACTIVITY

MAY 2014

52.203-12 LIMITATION ON PAYMENTS TO INFLUENCE CERTAIN

FEDERAL TRANSACTIONS

JUN 2020

52.203-13 CONTRACTOR CODE OF BUSINESS ETHICS AND

CONDUCT

NOV 2021

52.203-14 DISPLAY OF HOTLINE POSTER(S) NOV 2021

52.203-17 CONTRACTOR EMPLOYEE WHISTLEBLOWER RIGHTS NOV 2023

52.203-19 PROHIBITION ON REQUIRING CERTAIN INTERNAL

CONFIDENTIALITY AGREEMENTS OR STATEMENTS

JAN 2017

52.204-10 REPORTING EXECUTIVE COMPENSATION AND FIRST-

TIER SUBCONTRACT AWARDS

JUN 2020

52.204-13 SYSTEM FOR AWARD MANAGEMENT MAINTENANCE OCT 2018

52.204-14 SERVICE CONTRACT REPORTING REQUIREMENTS OCT 2016

52.204-18 COMMERCIAL AND GOVERNMENT ENTITY CODE

MAINTENANCE

AUG 2020

52.204-19 INCORPORATION BY REFERENCE OF

REPRESENTATIONS AND CERTIFICATIONS

DEC 2014

52.204-23 PROHIBITION ON CONTRACTING FOR HARDWARE,

SOFTWARE, AND SERVICES DEVELOPED OR

PROVIDED BY KASPERSKY LAB COVERED ENTITIES

DEC 2023

52.204-25 PROHIBITION ON CONTRACTING FOR CERTAIN

TELECOMMUNICATIONS AND VIDEO SURVEILLANCE

SERVICES OR EQUIPMENT

NOV 2021

52.204-27 PROHIBITION ON A BYTEDANCE COVERED

APPLICATION

JUN 2023

52.209-6 PROTECTING THE GOVERNMENT'S INTEREST WHEN

SUBCONTRACTING WITH CONTRACTORS DEBARRED,

SUSPENDED, PROPOSED FOR DEBARMENT, OR

VOLUNTARILY EXCLUDED

JAN 2025

52.209-9 UPDATES OF PUBLICLY AVAILABLE INFORMATION

REGARDING RESPONSIBILITY MATTERS

OCT 2018

52.209-10 PROHIBITION ON CONTRACTING WITH INVERTED

DOMESTIC CORPORATIONS

NOV 2015

52.210-1 MARKET RESEARCH NOV 2021

52.214-26 AUDIT AND RECORDS—SEALED BIDDING JUN 2020

52.214-27 PRICE REDUCTION FOR DEFECTIVE CERTIFIED COST

OR PRICING DATA—MODIFICATIONS—SEALED

BIDDING

JUN 2020

52.214-28 SUBCONTRACTOR CERTIFIED COST OR PRICING

DATA—MODIFICATIONS—SEALED BIDDING

JUN 2020

52.219-8 UTILIZATION OF SMALL BUSINESS CONCERNS JAN 2025

52.219-9 52.219-19 52.219-27

SMALL BUSINESS SUBCONTRACTING PLAN

LIQUIDATED DAMAGES-SUBCONTRACTING PLAN

NOTICE OF SET-ASIDE FOR, OR SOLE-SOURCE AWARD

TO, SERVICE-DISABLED VETERAN-OWNED SMALL

BUSINESS (SDVOSB) CONCERNS ELIGIBLE UNDER THE

SDVOSB PROGRAM

JAN 2025

SEP 2021

FEB 2024

52.222-3 CONVICT LABOR JUN 2003

52.222-4 CONTRACT WORK HOURS AND SAFETY STANDARDS—

OVERTIME COMPENSATION

MAY 2018

52.222-7 WITHHOLDING OF FUNDS MAY 2014

52.222-8 PAYROLLS AND BASIC RECORDS JUL 2021

52.222-9 APPRENTICES AND TRAINEES JUL 2005

52.222-10 COMPLIANCE WITH COPELAND ACT REQUIREMENTS FEB 1988

52.222-13 COMPLIANCE WITH CONSTRUCTION WAGE RATE

REQUIREMENTS AND RELATED REGULATIONS

MAY 2014

52.222-14 DISPUTES CONCERNING LABOR STANDARDS FEB 1988

52.222-15 CERTIFICATION OF ELIGIBILITY MAY 2014

52.222-19 CHILD LABOR—COOPERATION WITH AUTHORITIES

AND REMEDIES

JAN 2025

52.222-35 EQUAL OPPORTUNITY FOR VETERANS JUN 2020

52.222-36 EQUAL OPPORTUNITY FOR WORKERS WITH

DISABILITIES

JUN 2020

52.222-37 EMPLOYMENT REPORTS ON VETERANS JUN 2020

52.222-40 NOTIFICATION OF EMPLOYEE RIGHTS UNDER THE

NATIONAL LABOR RELATIONS ACT

DEC 2010

52.222-50 COMBATING TRAFFICKING IN PERSONS NOV 2021

52.222-54 EMPLOYMENT ELIGIBILITY VERIFICATION JAN 2025

52.222-55 MINIMUM WAGES FOR CONTRACTOR WORKERS

UNDER EXECUTIVE ORDER 14026 (DEVIATION)

OCT 2023

52.222-62 PAID SICK LEAVE UNDER EXECUTIVE ORDER 13706 JAN 2022

52.223-2 REPORTING OF BIOBASED PRODUCTS UNDER

SERVICE AND CONSTRUCTION CONTRACTS

MAY 2024

52.223-5 POLLUTION PREVENTION AND RIGHT-TO-KNOW

INFORMATION

MAY 2024

52.223-23 SUSTAINABLE PRODUCTS AND SERVICES MAY 2024

52.225-13 RESTRICTIONS ON CERTAIN FOREIGN PURCHASES FEB 2021

52.226-7 DRUG-FREE WORKPLACE MAY 2024

52.226-8 ENCOURAGING CONTRACTOR POLICIES TO BAN TEXT

MESSAGING WHILE DRIVING

MAY 2024

52.227-1 AUTHORIZATION AND CONSENT JUN 2020

52.227-2 NOTICE AND ASSISTANCE REGARDING PATENT AND

COPYRIGHT INFRINGEMENT

JUN 2020

52.227-4 PATENT INDEMNITY—CONSTRUCTION CONTRACTS DEC 2007

52.228-2 ADDITIONAL BOND SECURITY OCT 1997

52.228-11 INDIVIDUAL SURETY—PLEDGE OF ASSETS FEB 2021

52.228-12 PROSPECTIVE SUBCONTRACTOR REQUESTS FOR

BONDS

DEC 2022

52.228-14 IRREVOCABLE LETTER OF CREDIT NOV 2014

52.228-15 PERFORMANCE AND PAYMENT BONDS—

CONSTRUCTION

JUN 2020

52.229-3 FEDERAL, STATE, AND LOCAL TAXES FEB 2013

52.229-12 TAX ON CERTAIN FOREIGN PROCUREMENTS FEB 2021

52.232-5 PAYMENTS UNDER FIXED-PRICE CONSTRUCTION

CONTRACTS

MAY 2014

52.232-17 INTEREST MAY 2014

52.232-23 ASSIGNMENT OF CLAIMS MAY 2014

52.232-27 PROMPT PAYMENT FOR CONSTRUCTION CONTRACTS JAN 2017

52.232-33 PAYMENT BY ELECTRONIC FUNDS TRANSFER—

SYSTEM FOR AWARD MANAGEMENT

OCT 2018

52.232-39 UNENFORCEABILITY OF UNAUTHORIZED OBLIGATIONS JUN 2013

52.232-40 PROVIDING ACCELERATED PAYMENTS TO SMALL

BUSINESS SUBCONTRACTORS

MAR 2023

52.233-1 DISPUTES ALTERNATE I (DEC 1991) MAY 2014

52.233-3 PROTEST AFTER AWARD AUG 1996

52.233-4 APPLICABLE LAW FOR BREACH OF CONTRACT CLAIM OCT 2004

52.236-2 DIFFERING SITE CONDITIONS APR 1984

52.236-3 SITE INVESTIGATION AND CONDITIONS AFFECTING

THE WORK

APR 1984

52.236-5 MATERIAL AND WORKMANSHIP APR 1984

52.236-6 SUPERINTENDENCE BY THE CONTRACTOR APR 1984

52.236-7 PERMITS AND RESPONSIBILITIES NOV 1991

52.236-8 OTHER CONTRACTS APR 1984

52.236-9 PROTECTION OF EXISTING VEGETATION,

STRUCTURES, EQUIPMENT, UTILITIES, AND

IMPROVEMENTS

APR 1984

52.236-10 OPERATIONS AND STORAGE AREAS APR 1984

52.236-11 USE AND POSSESSION PRIOR TO COMPLETION APR 1984

52.236-12 CLEANING UP APR 1984

52.236-13 ACCIDENT PREVENTION NOV 1991

52.236-15 SCHEDULES FOR CONSTRUCTION CONTRACTS APR 1984

52.236-17 LAYOUT OF WORK APR 1984

52.236-21 SPECIFICATIONS AND DRAWINGS FOR

CONSTRUCTION ALTERNATE I (APR 1984)

FEB 1997

52.236-26 PRECONSTRUCTION CONFERENCE FEB 1995

52.240-1 PROHIBITION ON UNMANNED AIRCRAFT SYSTEMS

MANUFACTURED OR ASSEMBLED BY AMERICAN

SECURITY DRONE ACT—COVERED FOREIGN ENTITIES

NOV 2024

52.242-5 52.242-13

PAYMENTS TO SMALL BUSINESS SUBCONTRACTORS

BANKRUPTCY

JAN 2017

JUL 1995

52.243-4 CHANGES JUN 2007

52.245-1 GOVERNMENT PROPERTY SEP 2021

52.245-9 USE AND CHARGES APR 2012

52.246-21 WARRANTY OF CONSTRUCTION MAR 1994

52.248-3 VALUE ENGINEERING—CONSTRUCTION OCT 2020

52.249-2 TERMINATION FOR CONVENIENCE OF THE

GOVERNMENT (FIXED PRICE) ALTERNATE I (SEPT

1996)

APR 2012

52.249-10 DEFAULT (FIXED-PRICE CONSTRUCTION) APR 1984

52.253-1 COMPUTER GENERATED FORMS JAN 1991

I.2 FAR 52.204-30 FEDERAL ACQUISITION SUPPLY CHAIN SECURITY ACT

ORDERS—PROHIBITION (DEC 2023)

(a) Definitions. As used in this clause—

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.

FASCSA order means any of the following orders issued under the Federal Acquisition Supply Chain Security Act (FASCSA) requiring the removal of covered articles from executive agency information systems or the exclusion of 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 applicable 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 applicable 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 applicable 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.

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.

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.

Reasonable inquiry means an inquiry designed to uncover any information in the entity’s possession about the identity of any covered articles, or any products or services produced or provided by a source. This applies when the covered article or the source is subject to an applicable FASCSA order. A reasonable inquiry excludes the need to include an internal or third-party audit.

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.

(b) Prohibition. (1) Unless an applicable waiver has been issued by the issuing official, Contractors shall not provide or use as part of the performance of the contract any covered article, or any products or services produced or provided by a source, if the covered article or the source is prohibited by an applicable FASCSA orders as follows:

(i) For solicitations and contracts awarded by a Department of Defense contracting office, DoD FASCSA orders apply.

(ii) For all other solicitations and contracts DHS FASCSA orders apply.

(2) The Contractor shall search for the phrase ‘‘FASCSA order’’ in the System for Award Management (SAM) at https://www.sam.gov to locate applicable FASCSA orders identified in paragraph (b)(1).

(3) The Government may identify in the solicitation additional FASCSA orders that are not in SAM, which are…