S02_36C78626B0017_Solicitation.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 73

36C78626B0017 X

05/01/2026

National Shrine

36C786

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

Daniel.kinney@va.gov

Daniel Kinney 402-830-4683

Project Title: Cape Canaveral National Cemetery Ornamental Grass Renovation and Irrigation National Shrine Project Project Location: Cape Canaveral National Cemetery, 5525 US Highway 1, Mims, FL 32754

NAICS code 237990 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 $1,000,000 and $2,000,000.

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

Site Visit Information Date/Time: June 02, 2026 at 10:00 am EDT Location: Cape Canaveral National Cemetery, 5525 US Highway 1, Mims, FL 32754 Attendees are to meet at the cemetery Administration Building

Bid Opening Teleconference Information Phone Number: 1-872-701-0185 Phone Conference ID: 962980318

10 365

X X

X 10

0 16:00 EDT

06-23-2026

X

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

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 52.211-12 LIQUIDATED DAMAGES—CONSTRUCTION (SEPT 2000)

F.2 FAR 52.211-13 TIME EXTENSTIONS (SEPT 2000)

F.3 FAR 52.242-14 SUSPENSION OF WORK (APR 1984)

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 52.219-6 NOTICE OF TOTAL SMALL BUSINESS SET-ASIDE (NOV

2020)(DEVIATION NOV 2025)

I.3 FAR 52.209-9 UPDATES OF PUBLICLY AVAILABLE INFORMATION REGARDING

RESPONSIBILITY MATTERS (OCT 2018)

I.4 FAR 52.219-14 LIMITATIONS ON SUBCONTRACTING (OCT 2022)(DEVIATION

NOV 2025)

I.5 FAR 52.219-28 POSTAWARD SMALL BUSINESS PROGRAM

REREPRESENTATION (JAN 2025) (DEVIATION NOV 2025)

I.6 52.222-90 Addressing DEI Discrimination by Federal Contractors

I.7 FAR 52.223-20 AEROSOLS (MAY 2024)

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

I.9 FAR 52.225-9 BUY AMERICAN—CONSTRUCTION MATERIALS (OCT

2022)(DEVIATION NOV 2025)

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 52.240-91 SECURITY PROHIBITIONS AND EXCLUSIONS (NOV 2025)

(DEVIATION)

I.14 FAR 52.252-6 AUTHORIZED DEVIATIONS IN CLAUSES (NOV 2020)

I.15 VAAR 852.201-70 CONTRACTING OFFICER'S REPRESENTATIVE (DEC 2022)

I.16 VAAR 852.219-75 VA NOTICE OF LIMITATIONS ON SUBCONTRACTING—

CERTIFICATE OF COMPLIANCE FOR SERVICES AND CONSTRUCTION (JAN 2023)

(DEVIATION)

I.17 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 FAR 52.209-7 INFORMATION REGARDING RESPONSIBILITY MATTERS (OCT

2018)(DEVIATION NOV 2025)

K.2 FAR 52.209-13 VIOLATION OF ARMS CONTROL TREATIES OR

AGREEMENTS—CERTIFICATION (NOV 2021)(DEVIATION NOV 2025)

K.3 52.219-1 SMALL BUSINESS PROGRAM REPRESENTATIONS (FEB

2024)(DEVIATION NOV 2025)

K.4 FAR 52.229-11 TAX ON CERTAIN FOREIGN PROCUREMENTS—NOTICE AND

REPRESENTATION (JUN 2020)(DEVIATION SEP 2025)

K.5 FAR 52.240-90 SECURITY PROHIBITIONS AND EXCLUSIONS

REPRESENTATIONS AND CERTIFICATIONS (NOV 2025) (DEVIATION)

SECTION L - INSTRUCTIONS, CONDITIONS, AND NOTICES TO OFFERORS

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

(FEB 1998)

L.2 FAR 52.216-1 TYPE OF CONTRACT (DEVIATION) (NOV 2025)

L.3 FAR 52.222-5 CONSTRUCTION WAGE RATE REQUIREMENTS—SECONDARY

SITE OF THE WORK (MAY 2014)(DEVIATION NOV 2025)

L.4 52.225-10 NOTICE OF BUY AMERICAN REQUIREMENT—CONSTRUCTION

MATERIALS (MAY 2014)

L.5 FAR 52.228-1 BID GUARANTEE (SEP 1996)

L.6 FAR 52.228-17 INDIVIDUAL SURETY—PLEDGE OF ASSETS (BID GUARANTEE)

(FEB 2021)

L.7 FAR 52.233-2 SERVICE OF PROTEST (SEP 2006)(DEVIATION NOV 2025)

L.8 FAR 52.252-5 AUTHORIZED DEVIATIONS IN PROVISIONS (NOV 2020)

L.9 VAAR 852.233-70 PROTEST CONTENT/ALTERNATIVE DISPUTE RESOLUTION

(OCT 2018)

L.10 VAAR 852.233-71 ALTERNATE PROTEST PROCEDURE (OCT 2018)

L.11 INSTRUCTIONS TO BIDDERS

TECHNICAL QUESTIONS AND INQUIRIES

BIDDING MATERIAL

BID SUBMISSION DOCUMENTS

DELIVERY OF BIDS

BID OPENING

INFORMATION REGARDING BID GUARANTEE AND BONDS

VETS 4212

SECTION M - EVALUATION FACTORS FOR AWARD

M.1 FAR 52.214-19 CONTRACT AWARD-SEALED BIDDING-CONSTRUCTION (AUG

1996)

36C78626B0017 Section B

System updates may lag policy updates. The System for Award Management (SAM) may continue to require entities to complete representations based on provisions that are not included in agency solicitations. Examples include 52.222-25, Affirmative Action Compliance, and paragraph (d) of 52.212-3, Offeror Representations and Certifications—Commercial Products and Commercial Services. Contracting officers will not consider these representations when making award decisions or enforce requirements. Entities are not required to, nor are they able to, update their entity registration to remove these representations in SAM.

36C78626B0017 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 JB

Remove/Renovate/Replace Ornamental Grass and Irrigation in accordance with the attached Statement of Work

Contract Period: Base POP Begin:

POP End:

GRAND TOTAL

36C78626B0017 Section C

SECTION C - DESCRIPTION/SPECIFICATIONS/STATEMENT OF WORK

See attached Statement of Work in Section J

36C78626B0017 Section D

SECTION D - PACKAGING AND MARKING

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

36C78626B0017 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.

36C78626B0017 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)

36C78626B0017 Section F

SECTION F - DELIVERIES OR PERFORMANCE

F.1 FAR 52.211-12 LIQUIDATED DAMAGES—CONSTRUCTION (SEPT 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 $1,116.00 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)

F.2 FAR 52.211-13 TIME EXTENSTIONS (SEPT 2000)

Time extensions for contract changes will depend upon the extent, if any, by which the changes cause delay in the completion of the various elements of construction. The change order granting the time extension may provide that the contract completion date will be extended only for those specific elements related to the changed work and that the remaining contract completion dates for all other portions of the work will not be altered. The change order also may provide an equitable readjustment of liquidated damages under the new completion schedule.

(End of clause)

F.3 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

36C78626B0017 Section F 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.

36C78626B0017 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 http://www.fsc.va.gov/einvoice.asp mailto:vafsccshd@va.gov https://www.acquisition.gov/sites/default/files/current/far/html/Subpart%2042_15.html https://www.acquisition.gov/sites/default/files/current/far/html/Subpart%2042_15.html 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.

https://www.cpars.gov/ https://www.cpars.csd.disa.mil/ https://www.cpars.gov/

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.

36C78626B0017 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.

36C78626B0017 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/far-overhaul/far-part-deviation-guide/far-overhaul-part-52#FAR_52_252_2 (FAR), and http://www.va.gov/oal/library/vaar/index.asp (VAAR)

FAR

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

52.204-9 PERSONAL IDENTITY VERIFICATION OF CONTRACTOR

PERSONNEL

JAN 2011

52.204-10 REPORTING EXECUTIVE COMPENSATION AND FIRST-

TIER SUBCONTRACT AWARDS (DEVIATION NOV 2025)

JUN 2020

52.204-13 SYSTEM FOR AWARD MANAGEMENT MAINTENANCE

(DEVIATION NOV 2025)

OCT 2018

52.204-14 SERVICE CONTRACT REPORTING

REQUIREMENTS(DEVIATION NOV 2025)

OCT 2016

52.204-19 INCORPORATION BY REFERENCE OF

REPRESENTATIONS NAD CERTIFICATIONS

DEC 2014

52.204-91 INCORPORATION BY REFERENCE OF

REPRESENTATIONS AND CERTIFICATIONS

DEC 2014

https://www.acquisition.gov/far-overhaul/far-part-deviation-guide/far-overhaul-part-52#FAR_52_252_2 http://www.va.gov/oal/library/vaar/index.asp

52.209-6 PROTECTING THE GOVERNMENT'S INTEREST WHEN

SUBCONTRACTING WITH CONTRACTORS DEBARRED,

SUSPENDED, PROPOSED FOR DEBARMENT, OR

VOLUNTARILY EXCLUDED (DEVIATION NOV 2025)

JAN 2025

52.209-10 PROHIBITION ON CONTRACTING WITH INVERTED

DOMESTIC CORPORATIONS (DEVIATION NOV 2025)

NOV 2015

52.210-1 MARKET RESEARCH (DEVIATION JUN 2025) NOV 2021

52.214-26 AUDIT AND RECORDS-SEALED BIDDING (DEVIATION

NOV 2025)

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 (DEVIATION

NOV 2025)

JUN 2020f

52.214-29 ORDER OF PRECEDENCE—SEALED BIDDING JAN 1986

52.219-8 UTILIZATION OF SMALL BUSINESS CONCERNS

(DEVIATION NOV 2025)

JAN 2025

52.219-27 NOTICE OF SET-ASIDE FOR, OR SOLE-SOURCE AWARD

TO, SERVICE-DISABLED VETERAN-OWNED SMALL

BUSINESS (SDVOSB) CONCERNS ELIGIBLE UNDER THE

SDVOSB PROGRAM (DEVIATION NOV 2025)

FEB 2024

52.222-3 CONVICT LABOR (DEVIATION NOV 2025) JUN 2003

52.222-4 CONTRACT WORK HOURS AND SAFETY STANDARDS—

OVERTIME COMPENSATION (DEVIATION NOV 2025)

MAY 2018

52.222-6 CONSTRUCTION WAGE RATE REQUIREMENTS

(DEVIATION NOV 2025)

AUG 2018

52.222-7 WITHHOLDING OF FUNDS (DEVIATION NOV 2025) MAY 2014

52.222-8 PAYROLLS AND BASIC RECORDS (DEVIATION NOV

2025)

JUL 2021

52.222-10 COMPLIANCE WITH COPELAND ACT

REQUIREMENTS(DEVIATION NOV 2025)

FEB 1988

52.222-11 SUBCONTRACTS (LABOR STANDARDS) (DEVIATION

NOV 2025)

MAY 2014

52.222-12 CONTRACT TERMINATION—DEBARMENT (DEVIATION

FEB 2025)

MAY 2014

52.222-13 COMPLIANCE WITH CONSTRUCTION WAGE RATE

REQUIREMENTS AND RELATED REGULATIONS

MAY 2014

52.222-14 DISPUTES CONCERNING LABOR STANDARDS

(DEVIATION NOV 2025)

FEB 1988

52.222-15 CERTIFICATION OF ELIGIBILITY MAY 2014

52.222-19 CHILD LABOR—COOPERATION WITH AUTHORITIES

AND REMEDIES (DEVIATION NOV 2025)

FEB 2024

52.222-20 CONTRACT FOR MATERIALS, SUPPLIES, ARTICLES,

AND EQUIPMENT (DEVIATION NOV 2025)

JUN 2020

52.222-35 EQUAL OPPORTUNITY FOR VETERANS (DEVIATION

NOV 2025)

JUN 2020

52.222-36 EQUAL OPPORTUNITY FOR WORKERS WITH

DISABILITIES (DEVIATION NOV 2025)

JUN 2020

52.222-37 EMPLOYMENT REPORTS ON VETERANS JUN 2020

52.222-40 NOTIFICATION OF EMPLOYEE RIGHS UNDER THE

NATIONAL LABOR RELATIONS ACT (DEVIATION NOV

2025)

DEC 2010

52.222-50 COMBATING TRAFFICKING IN PERSONS OCT 2025

52.222-54 EMPLOYMENT ELIGIBILITY VERIFICATION (DEVIATION

NOV 2025)

JAN 2025

52.222-55 MINIMUM WAGES FOR CONTRACTOR WORKERS

UNDER EXECUTIVE ORDER 14026 (DEVIATION NOV

2025)

JAN 2022

52.222-62 PAID SICK LEAVE UNDER EXECUTIVE ORDER 13706

(DEVIATION NOV 2025)

JAN 2022

52.223-2 REPORTING BIOBASED PRODUCTS UNDER SERVICE

AND CONSTRUCTION CONTRACTS (DEVIATION NOV

2025)

MAY 2024

52.223-5 POLLUTION PREVENTION AND RIGHT-TO-KNOW

INFORMATION

MAY 2024

52.223-11 OZONE-DEPLETING SUBSTANCES AND HIGH GLOBAL

WARMING POTENTIAL HYDROFLUOROCARBONS

(DEVIATION NOV 2025)

MAY 2024

52.223-23 SUSTAINABLE PRODUCTS (DEVIATION NOV 2025) MAY 2024

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

52.228-5 INSURANCE—WORK ON A GOVERNMENT

INSTALLATION

JAN 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 (DEVIATION) SEP 2025

52.229-12 TAX ON CERTAIN FOREIGN PROCUREMENTS

(DEVIATION SEP 2025)

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)(DEVIATION NOV

2025)

MAY 2014

52.233-3 PROTEST AFTER AWARD (DEVIATION NOV 2025) AUG 1996

52.233-4 APPLICABLE LAW FOR BREACH OF CONTRACT CLAIM

(DEVIATION NOV 2025)

OCT 2004

52.236-2 DIFFERING SITE CONDITIONS (DEVIATION) NOV 2025

52.236-3 SITE INVESTIGATION AND CONDITIONS AFFECTING

THE WORK (DEVIATION)

NOV 2025

52.236-5 MATERIAL AND WORKMANSHIP (DEVIATION) NOV 2025

52.236-6 SUPERINTENDENCE BY THE CONTRACTOR

(DEVIATION)

NOV 2025

52.236-7 PERMITS AND RESPONSIBILITIES (DEVIATION) NOV 2025

52.236-8 OTHER CONTRACTS (DEVIATION) NOV 2025

52.236-9 PROTECTION OF EXISTING VEGETATION,

STRUCTURES, EQUIPMENT, UTILITIES, AND

IMPROVEMENTS (DEVIATION)

NOV 2025

52.236-10 OPERATIONS AND STORAGE AREAS (DEVIATION) NOV 2025

52.236-11 USE AND POSSESSION PRIOR TO COMPLETION

(DEVIATION)

NOV 2025

52.236-12 CLEANING UP (DEVIATION) NOV 2025

52.236-13 ACCIDENT PREVENTION (DEVIATION) NOV 2025

52.236-14 AVAILABILITY AND USE OF UTILITY SERVICES

(DEVIATION)

NOV 2025

52.236-15 SCHEDULES FOR CONSTRUCTION CONTRACTS

(DEVIATION AUG 2025)

APR 1984

52.236-17 LAYOUT OF WORK (DEVIATION) NOV 2025

52.236-21 SPECIFICATIONS AND DRAWINGS FOR

CONSTRUCTION (DEVIATION)

NOV 2025

52.237-3 CONTINUITY OF SERVICES JAN 1991

52.242-13 BANKRUPTCY JUL 1995

52.243-4 CHANGES JUN 2007

52.244-

6DEV

SUBCONTRACTS FOR COMMERCIAL PRODUCTS AND

COMMERCIAL SERVICES

OCT 2025

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 2025

52.249-2 TERMINATION FOR CONVENIENCE OF THE

GOVERNMENT (FIXED PRICE) ALTERNATE I (SEPT

1996)

APR 2012

52.249-4 TERMINATION FOR CONVENIENCE OF THE

GOVERNMENT (SERVICES) (SHORT FORM)

APR 1984

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

52.253-1 COMPUTER GENERATED FORMS JAN 1991

852.201-70 CONTRACTING OFFICER'S REPRESENTATIVE DEC 2022

852.203-70 COMMERCIAL ADVERTISING MAY 2018

852.204-70 PERSONAL IDENTITY VERIFICATION OF CONTRACTOR

PERSONNEL

MAY 2020

852.219-73 VA NOTICE TO TOTAL SET-ASIDE FOR CERTIFIED

SERVICE-DISABLED VETERAN-OWNED SMALL

BUSINESSES (DEVIATION)

(e) Required limitations on subcontracting compliance measurement period. An SDVOSB shall comply with the limitations on subcontracting as follows:

__X__ By the end of the base term of the contract or order, and then by the end of each subsequent option period; or ____ By the end of the performance period for each order issued under the contract.

JAN 2023

852.222-71 COMPLIANCE WITH EXECUTIVE ORDER 13899

(DEVIATION) (APR 2025)

APR 2025

852.228-70 BOND PREMIUM ADJUSTMENT JAN 2008

852.228-72 ASSISTING SERVICE-DISABLED VETERAN-OWNED AND

VETERAN-OWNED SMALL BUSINESSES IN OBTAINING

BONDS

DEC 2009

852.232-71 PAYMENTS UNDER FIXED-PRICE CONSTRUCTION

CONTRACTS (INCLUDING NAS-CPM)

NOV 2018

852.232-72 ELECTRONIC SUBMISSION OF PAYMENT REQUESTS NOV 2018

852.236-71 SPECIFICATIONS AND DRAWINGS FOR CONSTRUTION

(e) The work shall conform to the specifications and the contract drawings identified on the following index of drawings:

Title File Drawing No.

See Section J for all Construction Drawing and Specification Attachments

APR 2019

852.236-79 CONTRACTOR PRODUCTION REPORT APR 2019

852.236-80 SUBCONTRACTS AND WORK COORDINATION APR 2019

852.242-70 GOVERNMENT CONSTRUCTION CONTRACT

ADMINISTRATION

Fill in :

(a) Contract administration functions set forth in FAR 42.302 are hereby delegated to:

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

OCT 2020

852.242-71 ADMINISTRATIVE CONTRACTING OFFICER OCT 2020

852.243-70 CONSTRUCTION CONTRACT CHANGES – SUPPLEMENT

Fill in:

(3) Proposals shall be submitted to the Contracting Officer or ACO as expeditiously as possible, but not later than 14 calendar days, after receipt of a written change order by the Contracting Officer.

SEP 2019

852.246-71 REJECTED GOODS OCT 2018

I.2 FAR 52.219-6 NOTICE OF TOTAL SMALL BUSINESS SET-ASIDE (NOV

2020)(DEVIATION NOV 2025)

(a) Definition. Small business concern, as used in this clause—

(1) Means a concern, including its affiliates, that is independently owned and operated, not dominant in the field of operation in which it is bidding on Government contracts, and qualified as a small business under the size standards in this solicitation.

(2) Affiliates, as used in paragraph (a)(1) of this clause, means business concerns, one of whom directly or indirectly controls or has the power to control the others, or a third party or parties control or have the power to control the others. In determining whether affiliation exists, consideration is given to all appropriate factors including common ownership, common management, and contractual relationships. SBA determines affiliation based on the factors set forth at 13 CFR 121.103.

(b) Applicability. This clause applies only to-

(1) Contracts that have been set aside for small business concerns; and

(2) Orders set aside for small business concerns under multiple-award contracts as described in

8.4 and 16.5.

(c) General.

(1) Offers are solicited only from small business concerns. Offers received from concerns that are not small business concerns shall be considered nonresponsive and will be rejected.

(2) Any award resulting from this solicitation will be made to a small business concern.

I.3 FAR 52.209-9 UPDATES OF PUBLICLY AVAILABLE INFORMATION

REGARDING RESPONSIBILITY MATTERS (OCT 2018)

(a) The Contractor shall update the information in the Federal Awardee Performance and Integrity Information System (FAPIIS) on a semi-annual basis, throughout the life of the contract, by posting the required information in the System for Award Management via https://www.sam.gov.

(b) As required by section 3010 of the Supplemental Appropriations Act, 2010 (Pub. L. 111- 212), all information posted in FAPIIS on or after April 15, 2011, except past performance reviews, will be publicly available. FAPIIS consists of two segments—

(1) The non-public segment, into which Government officials and the Contractor post information, which can only be viewed by—

(i) Government personnel and authorized users performing business on behalf of the Government; or

(ii) The Contractor, when viewing data on itself; and

(2) The publicly-available segment, to which all data in the non-public segment of FAPIS is automatically transferred after a waiting period of 14 calendar days, except for—

(i) Past performance reviews required by subpart 42.15;

(ii) Information that was entered prior to April 15, 2011; or

(iii) Information that is withdrawn during the 14-calendar-day waiting period by the Government official who posted it in accordance with paragraph (c)(1) of this clause.

https://www.sam.gov/

(c) The Contractor will receive notification when the Government posts new information to the Contractor's record.

(1) If the Contractor asserts in writing within 7 calendar days, to the Government official who posted the information, that some of the information posted to the nonpublic segment of FAPIIS is covered by a disclosure exemption under the Freedom of Information Act, the Government official who posted the information must within 7 calendar days remove the posting from FAPIIS and resolve the issue in accordance with agency Freedom of Information procedures, prior to reposting the releasable information. The contractor must cite 52.209-9 and request removal within 7 calendar days of the posting to FAPIIS.

(2) The Contractor will also have an opportunity to post comments regarding information that has been posted by the Government. The comments will be retained as long as the associated information is retained, i.e., for a total period of 6 years. Contractor comments will remain a part of the record unless the Contractor revises them.

(3) As required by section 3010 of Pub. L. 111-212, all information posted in FAPIIS on or after April 15, 2011, except past performance reviews, will be publicly available.

(d) Public requests for system information posted prior to April 15, 2011, will be handled under Freedom of Information Act procedures, including, where appropriate, procedures promulgated under E.O. 12600.

(End of Clause)

I.4 FAR 52.219-14 LIMITATIONS ON SUBCONTRACTING (OCT

2022)(DEVIATION NOV 2025)

(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 sections 19.105, 19.106, 19.107, and 19.108;

(4) Orders expected to exceed the simplified acquisition threshold and that are set aside for small business concerns under multiple-award contracts, as described in 8.4 and 16.5;

(5) Orders, regardless of dollar value, that are set aside in accordance with sections 19.105, 19.106, 19.107, and 19.108 under multiple-award contracts, as described in 8.4 and 16.5; 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) 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 237990.

(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.] x By the end of the base term of the contract and then by the end of each subsequent option period; or

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

(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.

(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.

I.5 FAR 52.219-28 POSTAWARD SMALL BUSINESS PROGRAM

REREPRESENTATION (JAN 2025) (DEVIATION NOV 2025)

(a) Definitions. As used in this clause—

Long-term contract means a contract of more than five years in duration, including options.

However, the term does not include contracts that exceed five years in duration because the period of performance has been extended for a cumulative period not to exceed six months under the clause at 52.217-8, Option to Extend Services, or other appropriate authority.

Small business concern—

(1) Means a concern, including its affiliates, that is independently owned and operated, not dominant in its field of operation, and qualified as a small business under the criteria in 13 CFR part 121 and the size standard in paragraph (d) of this clause.

(2) Affiliates, as used in this definition, means business concerns, one of whom directly or indirectly controls or has the power to control the others, or a third party or parties control or have the power to control the others. In determining whether affiliation exists, consideration is given to all appropriate factors including common ownership, common management, and contractual relationships. SBA determines affiliation based on the factors set forth at 13 CFR 121.103.

(b) If the Contractor represented that it was any of the small business concerns identified in 19.000(a)(3) prior to award of this contract, the Contractor shall rerepresent its size and socioeconomic status according to paragraph (f) of this clause or, if applicable, paragraph (h) of this clause, upon occurrence of any of the following:

(1) Within 30 days after execution of a novation agreement or within 30 days after modification of the contract to include this clause, if the novation agreement was executed prior to inclusion of this clause in the contract.

(2) Within 30 days after a merger or acquisition that does not require a novation or within 30 days after modification of the contract to include this clause, if the merger or acquisition occurred prior to inclusion of this clause in the contract.

(3) For long-term contracts—

(i) Within 60 to 120 days prior to the end of the fifth year of the contract; and

(ii) Within 60 to 120 days prior to the date specified in the contract for exercising any option thereafter.

(c) If the Contractor represented its status as any of the small business concerns identified at 19.000(a)(3) prior to award of this contract, the Contractor shall rerepresent its size and socioeconomic status according to paragraph (f) of this clause or, if applicable, paragraph (h) of this clause, for the NAICS code assigned to an order (except that paragraphs (c)(1) through (3) of this clause do not apply to an order issued under a Federal Supply Schedule contract at subpart 8.4)—

(1) Set aside exclusively for a small business concern identified at 19.000(a)(3) that is issued under an unrestricted multiple-award contract, unless the order is issued under the reserved portion of an unrestricted multiple-award contract (e.g., an order set aside for a woman-owned small business under a multiple-award contract that is not set-aside, unless the order is issued under the reserved portion of the multiple-award contract);

(2) Issued under a multiple-award contract set aside for small businesses that is further set aside for a specific socioeconomic category that differs from the underlying multiple-award contract (e.g., an order set aside for a HUBZone small business concern under a multiple-award contract that is set aside for small businesses);

(3) Issued under the part of the multiple-award contract that is set aside for small businesses that is further set aside for a specific socioeconomic category that differs from the underlying set-aside part of the multiple-award contract (e.g., an order set aside for a WOSB concern under the part of the multiple-award contract that is partially set aside for small businesses); and

(4) When the Contracting Officer explicitly requires it for an order issued under a multiple-award contract, including for an order issued under a Federal Supply Schedule contract (see 8.405–5(b) and 19.301–2(b)(2)).

(d) The Contractor shall rerepresent its size status in accordance with the size standard in effect at the time of this rerepresentation that corresponds to the North American Industry Classification System (NAICS) code(s) assigned to this contract. The small business size standard corresponding to this NAICS code(s) can be found at https://www.sba.gov/document/support--table-size-standards.

(e) The small business size standard for a Contractor providing an end item that it does not manufacture, process, or produce itself, for a contract other than a construction or service https://www.sba.gov/document/support--table-size-standards contract, is 500 employees, or 150 employees for information technology value-added resellers under NAICS code 541519, if the acquisition—

(1) Was set aside for small business and has a value above the simplified acquisition threshold;

(2) Used the HUBZone price evaluation preference regardless of dollar value, unless the Contractor waived the price evaluation preference; or

(3) Was an 8(a), HUBZone, service-disabled veteran-owned, economically disadvantaged women-owned, or women-owned small business set-aside or sole-source award regardless of dollar value.

(f) Except as provided in paragraph (h) of this clause, the Contractor shall make the representation(s) required by paragraphs (b) and (c) of this clause by validating or updating all its representations in the Representations and Certifications section of the System for Award Management (SAM) and its other data in SAM, as necessary, to ensure that they reflect the Contractor's current status. The Contractor shall notify the contracting officer in writing within the timeframes specified in paragraph (b) of this clause, or with its offer for an order (see paragraph

(c) of this clause), that the data have been validated or updated, and provide the date of the validation or update.

(g) If the Contractor represented that it was other than a small business concern prior to award of this contract, the Contractor may, but is not required…