S02 Camp Nelson Sol 36C78626R0058 draft 9-14-2026.pdf

PDF 858 KB Posted

Attached to
CAMP NELSON NATIONAL CEMETERY, KY 833CM3030 – CORRECT FCA DEFICIENCIES
Solicitation number
36C78626R0058
Issued by

About this file

I cannot access the content of the PDF file provided. While the file metadata indicates this is a solicitation (Sol) document numbered 36C78626R0058 related to Camp Nelson dated September 14, 2026, I am unable to read the actual file contents to provide the detailed summary you requested.

To assist you effectively, please either:

  • Share the text content of the document directly
  • Provide the key sections or pages in an accessible format
  • Upload the file in a format I can process

Once accessible content is provided, I will deliver a concise professional summary focusing on the products/services required, response dates, award information, pricing terms, set-asides, agencies, contract vehicles, and other salient details.

View the file

Other files

File Type Posted
S06_36C78626R0058 Amend. 0003.pdf PDF
S02 Amendement 36C78626R0058 0002.pdf PDF
S02 amendment 2.pdf PDF
S02 Fire Alarm Panel.pdf PDF
S02 12 from 833CM3030_CNNC FCA Corrections_CONS_BD DRAWINGS_VOL 1_addendum01.pdf PDF
S02 Liquidated Damages 833CM3030_CNNC FCA Corrections CONS.pdf PDF
S02 Amendment 36C78626R0058 0001.pdf PDF
S02 10 from 833CM3030_CNNC FCA Corrections_CONS_BD DRAWINGS_VOL 1_05212026 1.pdf PDF
P07 Jessamine Camp Nelson Building.pdf PDF
S02 07 from 833CM3030_CNNC FCA Corrections_CONS_BD DRAWINGS_VOL 1_05212026 1.pdf PDF
S02 03 from 833CM3030_CNNC FCA Corrections_CONS_BD DRAWINGS_VOL 1_05212026 1.pdf PDF
S02 04 from 833CM3030_CNNC FCA Corrections_CONS_BD DRAWINGS_VOL 1_05212026 1 (1).pdf PDF
S02 833CM3030_CNNC FCA Corrections_CONS_BD SPECIFICATIONS.pdf PDF
S02_Attachment - Standard Form 1413.pdf PDF
S02_Attachment - DOL Payroll Form.pdf PDF
P07 Jessamine Camp Nelson Highway.pdf PDF
P07 Jessamine Camp Nelson Heavy.pdf PDF
S02 08 from 833CM3030_CNNC FCA Corrections_CONS_BD DRAWINGS_VOL 1_05212026 1.pdf PDF
S02 06 from 833CM3030_CNNC FCA Corrections_CONS_BD DRAWINGS_VOL 1_05212026 1.pdf PDF
S02 02 from 833CM3030_CNNC FCA Corrections_CONS_BD DRAWINGS_VOL 1_05212026 1.pdf PDF
S02 11 from 833CM3030_CNNC FCA Corrections_CONS_BD DRAWINGS_VOL 2_05212026 1.pdf PDF
S09 09 from 833CM3030_CNNC FCA Corrections_CONS_BD DRAWINGS_VOL 1_05212026 1.pdf PDF
S02 05 from 833CM3030_CNNC FCA Corrections_CONS_BD DRAWINGS_VOL 1_05212026 1.pdf PDF
S02 01 from 833CM3030_CNNC FCA Corrections_CONS_BD DRAWINGS_VOL 1_05212026 1.pdf PDF
S02_Attachment - Davis-Bacon Act Poster.pdf PDF
S02_Attachment - Past Performance Questionnaire.docx DOCX document
S02_Price Proposal Breakdown.docx DOCX document
S02_Attachment - Project Sample Template.docx DOCX document
Show all 28

On GovTribe

Work with this file

  • Download the original file
  • Contacts named in this file
  • Similar government files
  • Ask GovTribe AI about this file

Text version

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.

36C78626R0058

X

09-14-2026

833CM3030

36C786

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

Department Of Veterans Affairs National Cemetery Administartion Clarelle.sylvain@va.gov

Clarelle Sylvain 352-467-9329

Project Title: CAMP NELSON NATIONAL CEMETERY, KY Project Location: Camp Nelson National Cemetery, 6980 Danville Road, Nicholasville, Kentucky 40356.

NAICS code 237990 is applicable for this procurement with the small business size standard of $45,000,000. The magnitud of construction for this project is estimated to be between $20,000,000 and $30,000,000.

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

Contractor is to provide all construction services necessary to complete this project in accordance with the attached statement of work, construction drawings, construction specifications, and all other applicable supporting documents.

There will be an organized site visit conducted on September 25, 2026, at 10:00 EST. Attendees will meet at the Camp Nelson National Cemetery Administration Building located at 6980 Danville Road, Nicholasville, KY 40356

Proposal due date is 10:00 am EST October 15th, 2026 .

10 360

X 52.211-10

X

0 10:00 am

09-15-2026

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/COST SCHEDULE

ITEM INFORMATION

SECTION C - DESCRIPTION/SPECIFICATIONS/STATEMENT OF WORK

B. PART II – RESPONSIBILITIES OF THE DESIGN-BUILD TEAM ..... Error! Bookmark not defined.

SECTION D - PACKAGING AND MARKING ................................. Error! Bookmark not defined.

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

SECTION E - INSPECTION AND ACCEPTANCE

SECTION F - DELIVERIES OR PERFORMANCE

F.1 52.211-12 LIQUIDATED DAMAGES—CONSTRUCTION (SEPT 2000)

F.2 DELIVERY SCHEDULE ............................................... Error! Bookmark not defined.

SECTION G - CONTRACT ADMINISTRATION DATA

SECTION H - SPECIAL CONTRACT REQUIREMENTS

H.1 IT CONTRACT SECURITY ......................................... Error! Bookmark not defined.

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 52.219-14 LIMITATIONS ON SUBCONTRACTING (OCT 2022)(DEVIATION

NOV 2025)

I.4 52.222-90 ADDRESSING DEI DISCRIMINATION BY FEDERAL CONTRACTORS

I.5 FAR 52.219-28 POST-AWARD SMALL BUSINESS PROGRAM

REREPRESENTATION (JAN 2025)(DEVIATION NOV 2025)

I.6 FAR 52.223-9 ESTIMATE OF PERCENTAGE OF RECOVERED MATERIAL

CONTENT FOR EPA-DESIGNATED ITEMS (MAY 2008)

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

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

I.9 FAR 52.223-23 SUSTAINABLE PRODUCTS AND SERVICES (MAY

2024)(DEVIATION NOV 2025)

I.10 FAR 52.225-11 BUY AMERICAN—CONSTRUCTION MATERIALS UNDER

TRADE AGREEMENTS (NOV 2023)(DEVIATION NOV 2025)

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

1997)

I.12 SUPPLEMENTAL INSURANCE REQUIREMENTS

I.13 FAR 52.252-6 AUTHORIZED DEVIATIONS IN CLAUSES (NOV 2020)

I.14 FAR 52.240-91 SECURITY PROHIBITIONS AND EXCLUSIONS (DEVIATION

NOV 2025)

I.15 VAAR 852.201-70 CONTRACTING OFFICER'S REPRESENTATIVE (DEC 2022) 40

I.16 VAAR 852.203-70 COMMERCIAL ADVERTISING (MAY 2018)

I.17 VAAR 852.219-73 VA NOTICE OF TOTAL SET-ASIDE FOR CERTIFIED

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

(DEVIATION)

I.18 VAAR 852.219-75 VA NOTICE OF LIMITATIONS ON SUBCONTRACTING—

CERTIFICATE OF COMPLIANCE FOR SERVICES AND CONSTRUCTION (JAN

2023) (DEVIATION)

I.19 VAAR 852.222-71 COMPLIANCE WITH EXECUTIVE ORDER 13899 (DEVIATION

(APR 2025)

I.20 VAAR 852.228-70 BOND PREMIUM ADJUSTMENT (JAN 2008)

I.21 VAAR 852.228-72 ASSISTING SERVICE-DISABLED VETERAN-OWNED AND

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

I.22 VAAR 852.232-71 PAYMENTS UNDER FIXED-PRICE CONSTRUCTION

CONTRACTS (INCLUDING NAS– CPM) (NOV 2018)

I.23 VAAR 852.232-72 ELECTRONIC SUBMISSION OF PAYMENT REQUESTS (NOV

2018)

I.24 VAAR 852.236-71 SPECIFICATIONS AND DRAWINGS FOR CONSTRUCTION

(APR 2019)

I.25 VAAR 852.236-79 CONTRACTOR PRODUCTION REPORT (APR 2019)

I.26 VAAR 852.236-80 SUBCONTRACTS AND WORK COORDINATION (APR 2019) . 53

I.27 VAAR 852.242-70 GOVERNMENT CONSTRUCTION CONTRACT

ADMINISTRATION (OCT 2020)

I.28 VAAR 852.242-71 ADMINISTRATIVE CONTRACTING OFFICER (OCT 2020)

I.29 VAAR 852.243-70 CONSTRUCTION CONTRACT CHANGES—SUPPLEMENT

(SEP 2019)

I.30 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 52.209-7 INFORMATION REGARDING RESPONSIBILITY MATTERS (OCT

2018)(DEVIATION NOV 2025)

K.2 52.209-12 CERTIFICATION REGARDING TAX MATTERS (OCT 2025)

K.3 FAR 52.209-13 VIOLATION OF ARMS CONTROL TREATIES OR

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

K.4 52.219-1 SMALL BUSINESS PROGRAM REPRESENTATIONS (FEB

2024)(DEVIATION NOV 2025)

K.5 FAR 52.229-11 TAX ON CERTAIN FOREIGN PROCUREMENTS—NOTICE AND

REPRESENTATION (JUN 2020)(DEVIATION SEP 2025)

SECTION L - INSTRUCTIONS, CONDITIONS, AND NOTICES TO OFFERORS

L.1 52.252-1 SOLICITATION PROVISIONS INCORPORATED BY REFERENCE (FEB

1998)

L. FAR 52.216-1 TYPE OF CONTRACT (APR 1984)(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 FAR 52.225-12 NOTICE OF BUY AMERICAN REQUIREMENT—CONSTRUCTION

MATERIALS UNDER TRADE AGREEMENTS (MAY 2014)

L.5 FAR 52.233-2 SERVICE OF PROTEST (SEP 2006)(DEVIATION NOV 2025)

L.6 FAR 52.240-90 SECURITY PROHIBITIONS AND EXCLUSIONS

REPRESENTATIONS AND CERTIFICATIONS (DEVIATION NOV 2025)

L.7 FAR 52.252-5 AUTHORIZED DEVIATIONS IN PROVISIONS (NOV 2020)

L.8 VAAR 852.233-70 PROTEST CONTENT/ALTERNATIVE DISPUTE RESOLUTION

(OCT 2018)

L.9 VAAR 852.233-71 ALTERNATE PROTEST PROCEDURE (OCT 2018)

L.10 INSTRUCTIONS TO OFFERORS

L.10.1 Technical Questions and Inquiries L.10.2 Proposal Submission Instructions L10.2.1 Volume 1 -Technical Content L.10.2.2 Volume 2 – Price Content

SECTION M - EVALUATION FACTORS FOR AWARD

36C78626R0058 Section B

SECTION B - SUPPLIES OR SERVICES AND PRICE/COSTS

B.1 PRICE/COST SCHEDULE

ITEM INFORMATION

ITEM

NUMB

ER

DESCRIPTION

OF

SUPPLIES/SERVI

CES

QUANTI

TY

UNI

T UNIT PRICE AMOUNT

1.00 JB ______________

BASE BID, GENERAL CONSTRUCTION: Installation of all work shown on the plans and described in the specifications and defined in Bid Documents. Includes the following: The scope of this project will Correct Facility Condition Assessment (FCA) Deficiencies at the Camp Nelson National Cemetery (CNNC) located in Nicholasville, KY. The project has various locations throughout the cemetery. There are various facility condition assessment deficiencies by the main cemetery entrance, flagpole, retention pond, maintenance yard facilities, spoils area, and expansion additions to the cemetery.

Scope includes temporary trailers for staff and public restrooms. See sheet GI-001 Volume I for all sheets associated with this bid item.

PRINCIPAL NAICS CODE: 237990 - Other Heavy and Civil Engineering Construction PRODUCT/SERVICE CODE: Y1PZ - Construction of Other Non-Building Facilities

Bid Alternate 1: Installation of all work shown on the plans as BID ALTERNATE 1 Historic Cemetery Wall Restoration and in accordance with the specifications. The scope of work includes repairing or replacing damaged capstones, re-pointing masonry joints with lime mortar, and addressing structural issues to preserve the integrity of the historical structure. See sheet GI-001 Volume 2 for all sheets associated with this bid item. Contract Period: Alternate No. 1

PRINCIPAL NAICS CODE: 237990 - Other Heavy and Civil

36C78626R0058 Section B

Bid Alternate 2: Installation of all work shown on the plans as BID ALTERNATE 2 Demolish and Construct New Materials Storage Building and in accordance with the specifications.

Approximately 1,200 SF, 3-bay covered storage building. See sheet GI-001 Volume I for all sheets associated with this bid item

PRINCIPAL NAICS CODE: 237990 - Other Heavy and Civil

Bid Alternate 3: Installation of all work shown on the plans as BID ALTERNATE 3 Section C-C Identification Layer Replacement and in accordance with the specifications.

Remove topsoil, fill, and hardened identification layer.

Expose crypt lids and clean all soil for inspection. Construct identification layer backfills and topsoil. Install new turf and irrigation. See sheet GI-001 for all sheets associated with this bid item.

PRINCIPAL NAICS CODE: 237990 - Other Heavy and Civil Engineering Construction

GRAND TOTAL ______________

36C78626R0058 Section C

SECTION C - DESCRIPTION/SPECIFICATIONS/STATEMENT OF WORK

REQUEST FOR PROPOSAL (RFP)

SCOPE OF WORK

FOR

CAMP NELSON NATIONAL CEMETERY, KY

833-030 – CORRECT FCA DEFICIENCIES

A. PART I – PROJECT OBJECTIVES

A1. Statement of Work

STATEMENT OF BID ITEM(S)

A. CLIN 0001 –BASE BID, GENERAL CONSTRUCTION: Installation of all work shown on the plans and described in the specifications and defined in Bid Documents. Includes the following: The scope of this project will Correct Facility Condition Assessment (FCA) Deficiencies at the Camp Nelson National Cemetery (CNNC) located in Nicholasville, KY.

B. Administered by the United States Department of Veterans Affairs. Major scope items include construction of the following items as described in this Scope of Work (SOW) and included on construction documents:

a. CLIN 0001, GENERAL CONSTRUCTION: Installation of all work shown on the plans as BASE BID and in accordance with the specifications. See sheet GI-001 Volume I for all sheets associated with this bid item.

b. CLIN 0002, GENERAL CONSTRUCTION: Installation of all work shown on the plans as BID ALTERNATE 1 Historic Cemetery Wall Restoration and in accordance with the specifications. See sheet GI-001 Volume 2 for all sheets associated with this bid item.

c. CLIN 0003: Installation of all work shown on the plans as BID ALTERNATE 2 Demolish and Construct New Material Spoils Storage Building and in accordance with the specifications. See sheet GI-001 Volume I for all sheets associated with this bid item.

d. CLIN 0004: Installation of all work shown on the plans as BID ALTERNATE 3 Section C-C Identification Layer Replacement and in accordance with the specifications. See sheet GI-001 for all sheets associated with this bid item.

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 both turf and seed grass sod as shown in the construction documents. 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. 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.

10. 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.

11. 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.

12. 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.

13. 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.

14. 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.

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.

13. Contractor shall ensure that all Specs and drawings are reviewed along with the SOW for reference of work to provide adequate proposal.

A4. Schedule

1. The anticipated completion of this project is 12 months or 360 calendar 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. Camp Nelson National Cemetery, 6980 Danville Road, Nicholasville, Kentucky 40356.

PART III - 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 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 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 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.

- E N D OF SOW -

36C78626R0058 Section D

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

36C78626R0058 Section E

SECTION E - INSPECTION AND ACCEPTANCE

FAR

Number

Title Date

52.246-12 INSPECTION OF CONSTRUCTION AUG 1996

52.246-16 RESPONSIBILITY FOR SUPPLIES APR 1984

36C78626R0058 Section G

SECTION F - DELIVERIES OR PERFORMANCE

Number

Title Date

52.242-14 SUSPENSION OF WORK APR 1984

52.242-17 GOVERNMENT DELAY OF WORK APR 1984

52.247-29 F.O.B. ORIGIN FEB 2006

F.1 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 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.

36C78626R0058 Section G

SECTION G - CONTRACT ADMINISTRATION DATA

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.”

36C78626R0058 Section I

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.

H.2 Special Clause 1: Exercise of Pre-priced Optional Line Items The Government may require the delivery of the numbered line items, identified in the Schedule as optional items, in the quantity and at the price stated in the Schedule. The Contracting Officer may exercise the options by written notice to the Contractor within 90 calendar days after award of the base contract.

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)

(End of Clause)

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 (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 AND CERTIFICATIONS

DEC 2014

https://www.acquisition.gov/far-overhaul/far-part-deviation-guide/far-overhaul-part-52#FAR_52_252_2 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, OR PROPOSED FOR

DEBARMENT (DEVIATION NOV 2025)

JAN 2025

52.209-9 UPDATES OF PUBLICLY AVAILABLE INFORMATION

REGARDING RESPONSIBILITY MATTERS

(DEVIATION NOV 2025)

OCT 2018

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

52.215-2 AUDIT AND RECORDS—NEGOTIATION (DEVIATION

NOV 2025)

JUN 2020

52.215-8 ORDER OF PRECEDENCE—UNIFORM CONTRACT

FORMAT

OCT 1997

52.219-8 UTILIZATION OF SMALL BUSINESS CONCERNS 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

52.222-9 APPRENTICES AND TRAINEES (DEVIATION NOV

2025)

JUL 2005

52.222-10 COMPLIANCE WITH COPELAND ACT

REQUIREMENTS (DEVIATION NOV 2025)

FEB 1988

52.222-11 SUBCONTRACTS (LABOR STANDARDS) MAY 2014

52.222-12 CONTRACT TERMINATION—DEBARMENT 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 (DEVIATION

NOV 2025)

JUN 2020

52.222-40 NOTIFICATION OF EMPLOYEE RIGHTS UNDER THE

NATIONAL LABOR RELATIONS ACT (DEVIATION

NOV 2025)

DEC 2010

52.222-50 COMBATING TRAFFICKING IN PERSONS

(DEVIATION NOV 2025)

JAN 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)

OCT 2023

52.222-62 PAID SICK LEAVE UNDER EXECUTIVE ORDER 13706

(DEVIATION NOV 2025)

JAN 2022

52.223-2 REPORTING OF 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

52.223-12 MAINTENANCE, SERVICE, REPAIR, OR DISPOSAL OF

REFRIGERATION EQUIPMENT AND AIR

CONDITIONERS (DEVIATION NOV 2025)

MAY 2024

52.223-15 ENERGY EFFICIENCY IN ENERGY-CONSUMING

PRODUCTS

MAY 2020

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

52.229-2 NORTH CAROLINA STATE AND LOCAL SALES AND

USE TAX (DEVIATION SEP 2025)

APR 1984

52.229-3 FEDERAL, STATE, AND LOCAL TAXES (DEVIATION

SEP 2025)

FEB 2013

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 AUG

2025)

APR 1984

52.236-3 SITE INVESTIGATION AND CONDITIONS AFFECTING

THE WORK (DEVIATION AUG 2025)

APR 1984

52.236-5 MATERIAL AND WORKMANSHIP (DEVIATION AUG

2025)

APR 1984

52.236-6 SUPERINTENDENCE BY THE CONTRACTOR

(DEVIATION AUG 2025)

APR 1984

52.236-7 PERMITS AND RESPONSIBILITIES (DEVIATION AUG

2025)

NOV 1991

52.236-8 OTHER CONTRACTS (DEVIATION AUG 2025) APR 1984

52.236-9 PROTECTION OF EXISTING VEGETATION,

STRUCTURES, EQUIPMENT, UTILITIES, AND

IMPROVEMENTS (DEVIATION AUG 2025)

APR 1984

52.236-10 OPERATIONS AND STORAGE AREAS (DEVIATION

AUG 2025)

APR 1984

52.236-11 USE AND POSSESSION PRIOR TO COMPLETION

(DEVIATION AUG 2025)

APR 1984

52.236-12 CLEANING UP (DEVIATION AUG 2025) APR 1984

52.236-13 ACCIDENT PREVENTION (DEVIATION AUG 2025) NOV 1991

52.236-15 SCHEDULES FOR CONSTRUCTION CONTRACTS

(DEVIATION AUG 2025)

APR 1984

52.236-17 LAYOUT OF WORK (DEVIATION AUG 2025) APR 1984

52.236-21 SPECIFICATIONS AND DRAWINGS FOR

CONSTRUCTION ALTERNATE I (APR 1984)

(DEVIATION AUG 2025)

FEB 1997

52.242-13 BANKRUPTCY JUL 1995

52.243-4 CHANGES (DEVIATION JUL 2025) JUN 2007

52.244-6 SUBCONTRACTS FOR COMMERCIAL PRODUCTS

AND COMMERCIAL SERVICES (DEVIATION OCT

2025)

JAN 2025

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

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

52.253-1 COMPUTER GENERATED FORMS (DEVIATION NOV

2025)

JAN 1991

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.

(End of Clause)

I.3 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—

(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.

(End of clause)

I.4 52.222-90 ADDRESSING DEI DISCRIMINATION BY FEDERAL CONTRACTORS

As prescribed in 22.2203, insert the following clause:

ADDRESSING DEI DISCRIMINATION BY FEDERAL CONTRACTORS (DEVIATION

DATE)

(a) Definitions. As used in this clause— Program participation means membership or participation in, or access or admission to: training, mentoring, or leadership development programs; educational opportunities; clubs; associations;

or similar opportunities that are sponsored or established by the contractor or subcontractor.

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

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

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

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

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

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

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

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

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

(End of clause)]

I.5 FAR 52.219-28 POST-AWARD 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 (c) 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 a small business concern, a small disadvantaged business concern, or a joint venture that 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 (e) of this clause or, if applicable, paragraph (g) 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) 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.

(d) 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 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.

(e) Except as provided in paragraph (g) of this clause, the Contractor shall make the representation(s) required by paragraph (b) 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, that the data have been validated or updated, and provide the date of the validation or update.

(f) 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 to, take the actions required by paragraphs

(e) or (g) of this clause.

https://www.sba.gov/document/support--table-size-standards

(g) If the Contractor does not have representations and certifications in SAM, or does not have a representation in SAM for the NAICS code applicable to this contract, the Contractor is required to complete the following rerepresentation and submit it to the contracting office, along with the contract number and the date on which the rerepresentation was completed:

(1) The Contractor represents that it □ is, □ is not a small business concern under NAICS Code _____ assigned to contract number _____.

(2) [Complete only if the Contractor represented itself as a small business concern in paragraph (g)(1) of this clause.] The Contractor represents that it □ is, □ is not, a small disadvantaged business concern as defined in 13 CFR 124.1001.

(3) Women-owned small business (WOSB) joint venture eligible under the WOSB Program. The Contractor represents that it □ is, □ is not a joint venture that complies with the requirements of 13 CFR 127.506(a) through (c). [ The Contractor shall enter the name and unique entity identifier of each party to the joint venture: __.]

(4) Economically disadvantaged women-owned small business (EDWOSB) joint venture. The Contractor represents that it □ is, □ is not a joint venture that complies with the requirements of 13 CFR 127.506(a) through (c). [ The Contractor shall enter the name and unique entity identifier of each party to the joint venture: __ .]

(5) Service-disabled veteran-owned small business (SDVOSB) joint venture eligible under the SDVOSB Program. The Contractor represents that it □ is, □ is not an SDVOSB joint venture eligible under the SDVOSB Program that complies with the requirements of 13 CFR 128.402.

[ The Contractor shall enter the name and unique entity identifier of each party to the joint venture: __.]

(6) HUBZone joint venture eligible under the HUBZone Program.[ Complete only if the offeror is a HUBZone small business concern. ] The offeror represents, as part of its offer, that It □ is, □ is not a HUBZone joint venture that complies with the requirements of 13 CFR 126.616(a) through (c).

This is the start of the file's text. The full file is on GovTribe.

File details come from the government source that posted it. Updated .