Solicitation.pdf

Document Number: 36C78625Q50238 PROCESSED Page 1 of 48

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS

OFFEROR TO COMPLETE BLOCKS 12, 17, 23, 24 & 30

1. REQUISITION NUMBER

F3667X1-25-2000003

PAGE 1 OF

5. SOLICITATION NUMBER

36C78625Q50238

2. CONTRACT NO. 3. AWARD/EFFECTIVE DATE 4. ORDER NUMBER 6. SOLICITATION ISSUE

DATE

04/22/2025

7. FOR SOLICITATION

INFORMATION CALL:

a. NAME Olalekan Ismail

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

TIME

04/30/2025

12:00 ET

CODE 36C786

NATIONAL CEMETERY ADMIN (786)

NATIONAL CEMETERY ADMIN

DEPT OF VETERANS AFFAIRS-CENTRAL CO

18434 Joplin Road Triangle, VA 22172

9. ISSUED BY UNRESTRICTED OR X SET ASIDE: 100.00 % FOR

SMALL BUSINESS

HUBZONE SMALL

BUSINESS

X SERVICE-DISABLED

VETERAN-OWNED

SMALL BUSINESS

WOMEN-OWNED SMALL BUSINESS (WOSB)

ELIGIBLE UNDER THE WOMEN-OWNED

SMALL BUSINESS PROGRAM

EDWOSB

8(A)

NAICS: 325311

SIZE STANDARD: 1050

10. THE ACQUISITION IS

SEE

SCHEDULE

11. DELIVERY FOR FOB DESTINATION

UNLESS BLOCK IS MARKED 0 Days: 0.00 %

0 Days: 0.00 % 0 Days: 0.00 % 0 Days: 0.00 %

12. DISCOUNT TERMS

13a. THIS CONTRACT IS

RATED ORDER UNDER DPAS

(15 CFR 700)

13b. RATING

X RFQ IFB RFP

14. METHOD OF SOLICITATION

3667X1CODE15. DELIVER TO

BLACK HILLS NATIONAL CEMETERY (884)

DEPT OF VETERANS AFFAIRS (884)

BLACK HILLS NATIONAL CEMETERY

20901 PLEASANT VALLEY DR.

STURGIS, SD 57785

CODE 3667X116. ADMINISTERED BY

BLACK HILLS NATIONAL CEMETERY (884)

DEPT OF VETERANS AFFAIRS (884)

BLACK HILLS NATIONAL CEMETERY

20901 PLEASANT VALLEY DR.

STURGIS, SD 57785

FACILITY

CODE

CODE

Telephone No.

17a. CONTRACTOR/

OFFEROR

36C786CODE18a. PAYMENT WILL BE MADE BY

TUNGSTEN

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

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

OFFER SEE ADDENDUM

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

CHECKED

19. ITEM NO. 20. SCHEDULE OF SUPPLIES/SERVICES

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

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

The vendor shall provide and deliver Turf Fertilizer and Starter Fertilizer to Black Hills National Cemetery located at 20901 Pleasant Valley Drive, Sturgis, SD 57785.

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

X 27a. SOLICITATION INCORPORATES BY REFERENCE FAR 52.212-1, 52.212-4. FAR 52.212-3 AND 52.212-5 ARE ATTACHED. ADDENDA ARE X ARE NOT ATTACHED

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

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

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

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

TO THE TERMS AND CONDITIONS SPECIFIED.

29. AWARD OF CONTRACT: REF. _____________________________ OFFER

DATED _________________ . YOUR OFFER ON SOLICITATION (BLOCK 5)

INCLUDING ANY ADDITIONS OR CHANGES WHICH ARE SET FORTH HEREIN,

IS ACCEPTED AS TO ITEMS:

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

30b. NAME AND TITLE OF SIGNER (TYPE OR PRINT) 30c. DATE SIGNED 31b. NAME OF THE CONTRACTING OFFICER (TYPE OR PRINT) Olalekan Ismail

31c. DATE SIGNED

AUTHORIZED FOR LOCAL REPRODUCTION

PREVIOUS EDITION IS NOT USABLE

STANDARD FORM 1449 (REV. 02/2012)

Prescribed by GSA - FAR (48 CFR) 53.212

Document Number: 36C78625Q50238 PROCESSED Page 2 of 48

19.

ITEM NO.

20.

SCHEDULE OF SUPPLIES/SERVICES

21.

QUANTITY

22.

UNIT

23.

UNIT PRICE

24.

AMOUNT

32a. QUANTITY IN COLUMN 21 HAS BEEN

RECEIVED INSPECTED ACCEPTED, AND CONFORMS TO THE CONTRACT, EXCEPT AS NOTED: _________________________________

32b. SIGNATURE OF AUTHORIZED GOVERNMENT

REPRESENTATIVE

32c. DATE 32d. PRINTED NAME AND TITLE OF AUTHORIZED GOVERNMENT

REPRESENTATIVE

32e. MAILING ADDRESS OF AUTHORIZED GOVERNMENT REPRESENTATIVE 32f. TELEPHONE NUMBER OF AUTHORIZED GOVERNMENT

REPRESENTATIVE

32g. E-MAIL OF AUTHORIZED GOVERNMENT REPRESENTATIVE

PARTIAL FINAL

33. SHIP NUMBER 34. VOUCHER NUMBER 35. AMOUNT VERIFIED

CORRECT FOR

COMPLETE PARTIAL FINAL

36. PAYMENT 37. CHECK NUMBER

38. S/R ACCOUNT NUMBER 39. S/R VOUCHER NUMBER 40. PAID BY

41a. I CERTIFY THIS ACCOUNT IS CORRECT AND PROPER FOR PAYMENT 42a. RECEIVED BY (Print)

41b. SIGNATURE AND TITLE OF CERTIFYING OFFICER 41c. DATE

42b. RECEIVED AT (Location)

42c. DATE REC'D (YY/MM/DD) 42d. TOTAL CONTAINERS

STANDARD FORM 1449 (REV. 02/2012) BACK

Document Number: 36C78625Q50238 PROCESSED Page 3 of 48

Table of Contents

Section Description Page Number

1 Continuation Sheet 1 S01- Instruction to Offerors.docx 1 Statement of Need Fertilizer at Black Hills.docx 2 Contract Clauses

52.252-2 Clauses Incorporated by Reference (Feb 1998) 52.212-4 Contract Terms and Conditions-Commercial Products and Commercial Services (Nov 2023) 52.204-9 Personal Identity Verification of Contractor Personnel (Jan 2011) 52.204-13 System for Award Management Maintenance (Oct 2018) 52.204-18 Commercial and Government Entity Code Maintenance (Aug 2020) 52.216-18 Ordering (Aug 2020) 52.216-19 Order Limitations (Oct 1995) 52.216-22 Indefinite Quantity (Oct 1995) 52.217-6 Option for Increased Quantity (Mar 1989) 52.217-8 Option to Extend Services (Nov 1999) 52.217-9 Option to Extend the Term of the Contract (Mar 2000) 52.223-5 Pollution Prevention and Right-to-Know Information (May 2024) 52.232-18 Availability of Funds (Apr 1984) 52.237-3 Continuity of Services (Jan 1991)

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

852.203-70 COMMERCIAL ADVERTISING (MAY 2018)

852.219-76 VA NOTICE OF LIMITATIONS ON SUBCONTRACTING-CERTIFICATE OF

COMPLIANCE FOR SUPPLIES AND PRODUCTS (NOV 2022)

52.212-5 Contract Terms and Conditions Required To Implement Statutes or Executive Orders- Commercial Products and Commercial Services (Jan 2025)

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

VETERAN-OWNED SMALL BUSINESSES (NOV 2022)

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

852.246-71 REJECTED GOODS (OCT 2018)

4 Solicitation Provisions 52.252-1 Solicitation Provisions Incorporated by Reference (Feb 1998) 52.212-1 Instructions to Offerors-Commercial Products and Commercial Services (Sep 2023) 52.204-7 System for Award Management (Nov 2024) 52.204-16 Commercial and Government Entity Code Reporting (Aug 2020) 52.204-29 Federal Acquisition Supply Chain Security Act Orders-Representation and Disclosures (Dec 2023) 52.225-2 Buy American Certificate (Oct 2022) 52.204-20 Predecessor of Offeror (Aug 2020) 52.204-24 Representation Regarding Certain Telecommunications and Video Surveillance Services or Equipment (Nov 2021)

852.252-70 SOLICITATION PROVISIONS OR CLAUSES INCORPORATED BY REFERENCE

(JAN 2008)

52.212-3 Offeror Representations and Certifications-Commercial Products and Commercial Services (May 2024)

4 FAR Deviation Feb 2025 verbiage.docx

Document Number: 36C78625Q50238 PROCESSED Page 4 of 48

Section 1 - Continuation Sheet

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

0001 See Description Below

PSC: 6850

MISCELLANEOUS CHEMICAL

SPECIALTIES

480.000000 EA

Description: CLIN 0001: Fertilizer, provide & deliver

Period of Performance: 06/01/2025 - 05/31/2026

Reference Line: F3667X1-25-2000003 - 0001

Pricing Options: Base

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

0002 See Description Below

PSC: 6850

MISCELLANEOUS CHEMICAL

SPECIALTIES

2.000000 EA

Description: CLIN 0002: Starter Fertilizer, provide & deliver

Period of Performance: 06/01/2025 - 05/31/2026

Reference Line: F3667X1-25-2000003 - 0002

Pricing Options: Base

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

10001 See Description Below

PSC: 6850

MISCELLANEOUS CHEMICAL

SPECIALTIES

480.000000 EA

Description: CLIN 10001: Fertilizer, provide & deliver

Period of Performance: 06/01/2026 - 05/31/2027

Reference Line: F3667X1-25-2000003 - 10001

Pricing Options: 0001

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

10002 See Description Below

PSC: 6850

2.000000 EA

Document Number: 36C78625Q50238 PROCESSED Page 5 of 48

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

MISCELLANEOUS CHEMICAL

SPECIALTIES

Description: CLIN 10002: Starter Fertilizer, provide & deliver

Period of Performance: 06/01/2026 - 05/31/2027

Reference Line: F3667X1-25-2000003 - 10002

Pricing Options: 0002

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

20001 See Description Below

PSC: 6850

MISCELLANEOUS CHEMICAL

SPECIALTIES

480.000000 EA

Description: CLIN 20001: Fertilizer, provide & deliver

Period of Performance: 06/01/2027 - 05/31/2028

Reference Line: F3667X1-25-2000003 - 20001

Pricing Options: 0001

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

20002 See Description Below

PSC: 6850

MISCELLANEOUS CHEMICAL

SPECIALTIES

2.000000 EA

Description: CLIN 20002: Starter Fertilizer, provide & deliver

Period of Performance: 06/01/2027 - 05/31/2028

Reference Line: F3667X1-25-2000003 - 20002

Pricing Options: 0002

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

30001 See Description Below

PSC: 6850

MISCELLANEOUS CHEMICAL

SPECIALTIES

480.000000 EA

Description: CLIN 30001: Fertilizer, provide & deliver

Period of Performance: 04/01/2028 - 03/31/2029

Reference Line: F3667X1-25-2000003 - 30001

Pricing Options: 0001

Document Number: 36C78625Q50238 PROCESSED Page 6 of 48

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

30002 See Description Below

PSC: 6850

MISCELLANEOUS CHEMICAL

SPECIALTIES

2.000000 EA

Description: CLIN 30002: Starter Fertilizer, provide & deliver

Period of Performance: 04/01/2028 - 03/31/2029

Reference Line: F3667X1-25-2000003 - 30002

Pricing Options: 0002

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

40001 See Description Below

PSC: 6850

MISCELLANEOUS CHEMICAL

SPECIALTIES

480.000000 EA

Description: CLIN 40001: Fertilizer, provide & deliver

Period of Performance: 06/01/2029 - 05/31/2030

Reference Line: F3667X1-25-2000003 - 40001

Pricing Options: 0001

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

40002 See Description Below

PSC: 6850

MISCELLANEOUS CHEMICAL

SPECIALTIES

2.000000 EA

Description: CLIN 40002: Starter Fertilizer, provide & deliver

Period of Performance: 06/01/2029 - 05/31/2030

Reference Line: F3667X1-25-2000003 - 40002

Pricing Options: 0002

Document Number: 36C78625Q50238 PROCESSED Page 7 of 48

INSTRUCTIONS TO OFFERORS:

Interested Offerors MUST be registered with the System of Award Management (SAM) at http://www.sam.gov and must compete the Online Representations and Certifications Application

(ORCA) at http://www.sam.gov prior to the solicitation closing date. Failure to comply will result in the offeror being considered non-Responsive.

Service-Disabled Veteran Owned Small Business (SDVOSB) and Veteran Owned Small Business

(VOSB) socio-economic category concerns MUST have an active/current registration with www.verterans.certify.sba.gov. Failure to comply will result in the offeror being considered non-

Responsive.

Interested Offerors who do not have a current/active Sam account registration or who are not certified as a

Service-Disabled Veteran Owned Small Business in the SBA website (veterans.certify.sba.gov) upon solicitation close date will be considered non-responsive.

SOLICITATION QUESTIONS:

All questions regarding this solicitation are to be submitted to the contracting officer, via email, no later than, 04/28/2025 12:00pm EST. No questions will be accepted after this time. Questions pertaining to this announcement shall be sent by email to: olalekan.ismail@va.gov. Telephone inquiries will not be accepted. Associated answers to questions submitted will be provided via a solicitation amendment.

Should an amendment not be endorsed by the interested vendor, the quote will be considered ineligible for award.

All offers are to be submitted to the Contracting Officer, via email at olalekan.ismail@va.gov no later than 12:00PM EST on April 30, 2025.

QUOTATION PREPARATON INSTRUCTIONS: Offerors shall submit signed SF 1449 with the price schedule in pdf format.

The following information shall be included in the SF1449:

Legal Business/Company Name (as listed in www.sam.gov)

Complete Company Address (No P.O. Boxes)

SAM UID

Company Point of Contract Name and Title

Telephone Number

Email Address

Company Capabilities Statement

One (1) Signed Copy of all Solicitation Amendments

One (1) Copy of Completed FAR Clause 52.223-3 “Hazardous Material Identification and

Material Safety Data” (if applicable).

One (1) copy of Completed FAR Provisions 52.212-3 “Certifications and Representations” or indicate whether contractor has completed the annual representation and certifications electronically at www.sam.gov (copy of current SAM status)

Document Number: 36C78625Q50238 PROCESSED Page 8 of 48

One(1) Copy of Completed VAAR Clause 852.219-76 “VA Notice of Limitations on

Subcontracting - Certificate of Compliance for Supplies and Products (Nov 2022)” Failure to comply will result in the offeror being ineligible for award.

In accordance with Public Law 116-183 a Small Business claiming Veterans First Status, Service

Disable Veteran Owned Small Business (SDVOSB), or Veteran Owned Small Business (VOSB), must certify in writing that their firm are performing 50 percent of the work. Therefore, Interested

Offerors who claim SDVOSB or VOSB status shall provide (1) document stating their compliance with PL 116-183. Failure to provide such document will result in the Interested

Offeror being considered non-Responsive. Should award be made to an SDVOSB or a VOSB who is suspected of violating PL 116-183 this Agency will refer suspected violators to its department’s inspector general for investigation and possible fines, suspensions, or debarments.

Pricing

The following information shall be included in the SF1449

Proposed pricing shall be submitted on the Price/Cost Schedule of Services/Supplies.

EVALUATION PROCESS: The Government intends to award an Indefinite Delivery Indefinite

Quantity (IDIQ) contract resulting from this Solicitation to the responsible Quoter with the lowest price.

No other evaluation factors are being used.

This procurement will be evaluated using FAR Part 13 procedures and in accordance with Addendum to

FAR 52.212-2.

Factor: Price: This factor shall be used to assess for completeness and reasonableness of the Quoter’s price. For this factor, Quoters shall submit a complete Price Schedule included in this solicitation.

Document Number: 36C78625Q50238 PROCESSED Page 9 of 48

National Cemetery Administration (NCA)

Black Hills National Cemetery (BHNC)

Cemetery Materials – Statement Description of Need

Requirement of Fertilizer

1. GENERAL INFORMATION:

Title of Project: Fertilizer Requirement

Black Hills National Cemetery has a requirement for the following fertilizer: Turf Fertilizer and Starter

Fertilizer.

Statement of Need:

The vendor shall provide and deliver fertilizer only when requested by the cemetery Contracting

Officer Representative (COR). The transportation/delivery of material to the cemetery will be provided by the vendor and offloaded in a designated location provided by the COR at the time of delivery. The delivery price shall be included in the total price of the contract.

SPECIFIC MANDATORY TASKS AND ASSOCIATED DELIVERABLES

Description of Tasks and Associated Deliverable: The Vendor shall provide the following Brand

Name or Equal material upon request by the COR:

LINE Description: Est. Qty Unit

Provide and deliver turf fertilizer with a formula of 21-7-14 with 50% SCU 480 50 lb Bags

0002 Provide and deliver starter fertilizer with a formula of 15-25-10 2 50 lb Bags

FOB: Destination

Black Hills National Cemetery located at 20901 Pleasant Valley Drive, Sturgis, SD 57785. The contractor shall deliver to the following: Turf Fertilizer and Starter Fertilizer. See Attachment C for map of Black Hills National Cemetery

Period of Performance: The term of this contract shall be for a period from Date of contract award through 365 calendar days plus four (4) 1-year Options, if exercised. Contractor shall submit an invoice electronically, in arrears, at the end of each month.

Federal Holidays: (Holidays observed by the Federal Government)

Document Number: 36C78625Q50238 PROCESSED Page 10 of 48

Requirements:

TURFGRASS FERTILIZER: Brand Name or Equal to Simplot Partners Part Number 21-7-14 50%

SCU Turfgrass fertilizer with a formula of 21-7-14 with 50% SCU to be delivered to the Maintenance

Compound and used for grounds maintenance in the spring and fall. The fertilizer must be top quality and meet NCA minimum technical requirements and must have the following properties:

1. The nitrogen (N) content shall be at least 21%.

2. 50% or more of the nitrogen in the fertilizer shall be in a slow or controlled-release form (e.g., sulfur coated, polymer coated, urea-form, isobutylidene diurea, etc.).

3. Phosphate (P) percentage shall be at least one fourth of the nitrogen percentage

4. Potash (K) content percentage shall be one third or more of the N percentage

5. Example 21-7-14 would be acceptable.

6. It shall contain no iron (to prevent headstone staining).

Variations of this regime may be approved by the COR, in consultation with the District Agronomist, if needed, based on soil test results or extreme weather conditions.

Quantities: Estimated at 240 bags, 50 lbs each, with one spring and one fall delivery in each base and option year.

Delivery: As needed/requested by authorized cemetery staff. Turfgrass fertilizer is to be delivered from Monday thru Friday from 8:00 am to 4:30 pm. Material shall be delivered within thirty (30) days from day requested.

Minimum Technical Requirements:

See Attachment B Service Delivery Summary (SDS) for minimally acceptable levels.

If the quality of the turfgrass fertilizer is to be deviated from or changed at contractor expense, the contractor shall inform the COR and the Contracting Officer for the new product. If the turfgrass fertilizer that is delivered is of poor or unacceptable quality, it shall be the contractors’ responsibility to coordinate with the COR to remove all substandard turfgrass fertilizer and replace it within 7 days with the replacement of acceptable turfgrass fertilizer product as identified in the MTR.

New Year's Day 1st day of January

Martin Luther King's Birthday President's Day Third Monday in January

Presidents’ Day Third Monday in February

Memorial Day Last Monday in May

Juneteenth Day 19th day of June

Independence Day 4th day in July

Labor Day First Monday in September

Columbus Day Second Monday in October

Veterans Day 11th day in November

Thanksgiving Day Fourth Thursday in November

Christmas Day 25th day of December

Document Number: 36C78625Q50238 PROCESSED Page 11 of 48

STARTER FERTILIZER: Brand Name or Equal to Kirby Agri Part Number 25-0-10 50%

XCU Starter fertilizer with a formula of 15-25-10 to be delivered to the Maintenance Compound and used for grounds maintenance in the spring and fall. The started fertilizer must be top quality and meet NCA minimum technical requirements and must have the following properties:

1. The nitrogen (N) content shall be at least 15%.

2. Phosphate (P) percentage shall be at least 25%

3. Potash (K) content percentage shall be at least 10%

4. Example 15-25-10 would be acceptable.

Variations of this regime may be approved by the COR, in consultation with the District Agronomist, if needed, based on soil test results or extreme weather conditions.

Quantities: Estimated at 2 bags, 50 lbs each, with spring delivery in each base and option year.

Delivery: As needed/requested by authorized cemetery staff. Starter fertilizer is to be delivered from Monday thru Friday from 8:00 am to 4:30 pm. Material shall be delivered within thirty (30) days from day requested.

Minimum Technical Requirements:

See Attachment B Service Delivery Summary (SDS) for minimally acceptable levels.

If the quality of the starter fertilizer is to be deviated from or changed at contractor expense, the contractor shall inform the COR and the Contracting Officer for the new product. If the starter fertilizer that is delivered is of poor or unacceptable quality, it shall be the contractors’ responsibility to coordinate with the COR to remove all substandard starter fertilizer and replace it within 7 days with the replacement of acceptable starter fertilizer product as identified in the MTR.

ROLES AND RESPONSIBILITIES

The Contractor employees shall behave with appropriate decorum, courtesy, and respect while within the Cemetery or at its perimeter or entrances. See Attachment A Dignity Clause for more information.

All personnel delivering material must be trained in NCA rules of behavior and aware of their surroundings at all times to prevent any damage to Government property.

The Contractor must meet all safety requirements of Black Hills National Cemetery’s Safety

Officer, Department of Veterans Affairs, Occupational Safety and Health Administration, and the State of South Dakota. It is incumbent upon the Contractor to be familiar with these requirements and maintain regular and routine contact with the COR and Safety Officer of

Black Hills National Cemetery. The Contractor and his/her employees shall have a clear understanding of, and be sensitive to, such environmental issues as ground water contamination, wetlands, etc., and be consistent and fully compliant with all applicable

Federal, State, County and City laws, ordinances, Right-to-Know laws, Environmental

Protection Agency guidelines, and regulations.

Document Number: 36C78625Q50238 PROCESSED Page 12 of 48

The contractor will obtain all necessary licenses and/or permits required to perform this work.

Contractor will take all reasonable precautions necessary to protect persons and property from injury or damage during the performance of this contract. Contractor will be responsible for any injury to himself/herself, his/her employees, as well as for any damage to personal or public property that occurs during the performance of this contract that is caused by contractor’s employee’s fault or negligence and will maintain personal liability and property damage insurance having coverage for a limit as required by the laws of the State of South Dakota.

The Contractor is responsible for spill prevention, containment, clean up, and reporting all spills on Government property in a manner that complies with all applicable Federal, State, and

Local laws and regulations or otherwise stated herein, and the installation spill control plan at no cost to the Government.

The Contractor shall perform the services as specified herein. Changes in delivery schedules or delays must be communicated with the COR. The contractor must request, in writing, any deviations to these hours and receive approval from the COR in advance of any changes.

At the end of each workday, unless otherwise specified by the COR, the contractor shall remove all debris resulting from work. At all times rubbish and trash generated by the contractor shall be kept clear of vehicular and pedestrian circulation throughout the site.

The contractor shall submit electronic invoices through Tungsten network within ten (10) calendar days after the material is delivered. The contractor and Black Hills National

Cemetery POC shall jointly review the dispatch tickets to proceed accordingly with the correct invoice processing.

Identification is required for contractor’s vehicles and its personnel.

Contractor’s vehicle shall access cemetery thru BHNC main entrance, located at 20901

Pleasant Valley Drive, Sturgis, SD 57785. The driver shall wait to receive drop-off instructions by BHNC authorized personnel.

Transited and drop-off/delivery areas shall be maintained safe and secured. Contractors shall use public restrooms located near the main entrance.

Areas are to be left in a condition equal to or better than that which existed. In the event damages result to turf, structures, headstone, markers, monuments, irrigation sprinkler, trees, gravesites, curb, road, flower vases, facility structures, fences, disfigurement or damage to structure or property on or adjacent to this project, third parties, etc., due to neglect by the Contractor, repair, replacement and/or replacement costs of the damaged item will be required at no additional cost to the Government as directed by the COR.

Contractor employees may park vehicles in the area designated for parking by the COR. It is the responsibility of the Contractor to ensure his employees park in the appropriate designated parking areas.

Document Number: 36C78625Q50238 PROCESSED Page 13 of 48

Enclosed containers, including tool kits, shall be subject to search. Violations of VA regulations

38 CFR 1.218 may result in citation/summons answerable in the United States (Federal) District

Court, or other appropriate jurisdiction/agency. Offenders may be subject to a fine, removal from the premises, or arrest. Examples of prohibited items include but are not limited to:

1) Firearms (either openly or concealed), explosives or other dangerous or deadly weapons of any kind;

2) Explosive materials such as blasting caps or similar items;

3) All forms of illegal drugs

The Contractor shall be responsible for ensuring that all of his/her motor vehicles and equipment meet State inspection, safety, licensing, registration, and insurance requirements.

Documentation Requirements:

· Valid driver’s license / DOT CDL appropriate License

· Insurance documents

· Safety Data Sheet associated with the formula for each type of fertilizer.

Document Number: 36C78625Q50238 PROCESSED Page 14 of 48

ATTACHMENT - A – DIGNITY CLAUSE

DIGNITY CLAUSE

Respect for Headstones and Markers in National Cemeteries; Handling of Markers and

Headstones

1. 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.

a. Contractors cannot walk, stand, lean, sit or jump on headstones or markers. Nor can they drive over them.

b. No tools, equipment or other items will be placed or leaned on headstones or markers.

c. Use care not to scratch or damage markers in any manner.

d. Contractor shall be responsible for replacing damaged headstones and markers and for restoring turf damaged during performance of this work.

e. Additionally, should any activity result in the exposure and/or damage to any remains, container for remains (e.g., casket or urn), or outer burial container, the contractor must contact the COR, Director/Assistant Director, or Contracting Officer (CO) for guidance.

2. Any doubts as to proper procedures shall be brought to the attention of the COR, Director/Assistant Director, or CO for guidance or resolution.

3. The contractor is required to discuss the guidance with employees and/or subcontractors and have each employee sign a statement of compliance and deliver the signed statement to the

COR before work may begin. (END)

Document Number: 36C78625Q50238 PROCESSED Page 15 of 48

ATTACHMENT - B – SERVICE DELIVERY SUMMARY (SDS)

SERVICE DELIVERY SUMMARY (SDS)

The contract service requirements are summarized in performance objectives that relate directly to requirements. The performance threshold briefly describes the minimally acceptable levels of service required for each requirement. The SDS and the Contractor’s Quality Control Plan provide information on contract requirements, the expected level of Contractor performance and the expected method of government validation and confirmation of services provided. These thresholds are critical to mission success.

During the initial 30 days of the contract, two additional errors on each performance objective shall be allowed to identify normal “phase-in” problems.

Document Number: 36C78625Q50238 PROCESSED Page 16 of 48

Performance Standard Minimum Acceptable Level

(MAL)

Desired Level (DL) Method of Assessment

Remedy Disincentive Incentive

1) PROVIDE & DELIVER

TURFGRASS FERTILIZER

Nitrogen (N) at least 21%

Phosphate (P) at least one fourth of the nitrogen %

Potash (K) at least one third or more of the nitrogen %

50% or more of the nitrogen shall be a slow or controlled release form (sulfur coated, polymer coated, urea-form, isobutylidene diurea)

No iron

Time of delivery is 30 days

21-7-14 with 50%

SCU (NO IRON)

Surveillance of quality of turfgrass fertilizer as described in description upon arrival

Timeliness of delivery and redelivery

Re-performance within 7 workdays of notification by COR.

Document performance in CPARS.

20% of invoice deduction of the associated CLIN for failing to meet MAL

Full payment of invoice

2) PROVIDE & DELIVER

STARTER FERTILIZER

Nitrogen (N) at least 15%

Phosphate (P) at least 25%

Potash (K) at least 10%

Time of delivery is 30 days

15-25-10 Surveillance of quality of starter fertilizer as described in description upon arrival

Timeliness of delivery and redelivery

Re-performance within 7 workdays of notification by COR.

Document performance in CPARS.

20% of invoice deduction of the associated CLIN for failing to meet MAL

Full payment of invoice

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ATTACHMENT – C Black Hills National Cemetery Map

*Cemetery map annotating locations for deliveries.

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Section 2 - Contract Clauses

52.252-2 Clauses Incorporated by Reference (Feb 1998)

This contract incorporates one or more clauses by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. Also, the full text of a clause may be accessed electronically at this/ these address(es):

www.acquisition.gov/browse/index/far (FAR) www.va.gov/oal/library/vaar/index.asp (VAAR) [Insert one or more Internet addresses]

(End of clause) Clause Title Fill-ins

52.212-4 Contract Terms and Conditions-Commercial Products and Commercial

Services (Nov 2023)

52.204-9 Personal Identity Verification of Contractor Personnel (Jan 2011)

52.204-13 System for Award Management Maintenance (Oct 2018)

52.204-18 Commercial and Government Entity Code Maintenance (Aug 2020)

52.216-18 Ordering (Aug 2020) (a)From Date: "06/01/2025"

(a)To Date: "05/31/2030"

52.216-19 Order Limitations (Oct 1995) (a): "2 bags"

(b)(1): "480 bags"

(b)(2): "480 bags"

(b)(3): "7"

(d): "7"

52.216-22 Indefinite Quantity (Oct 1995) (d): "November 2030"

52.217-6 Option for Increased Quantity (Mar 1989) Period of Time: "60"

52.217-8 Option to Extend Services (Nov 1999) Period of Time: "30"

52.217-9 Option to Extend the Term of the Contract (Mar 2000) Period of Time: "30"

Days: "60"

Do not exceed: "November, 2030"

52.223-5 Pollution Prevention and Right-to-Know Information (May 2024)

52.232-18 Availability of Funds (Apr 1984)

52.237-3 Continuity of Services (Jan 1991)

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

Document Number: 36C78625Q50238 PROCESSED Page 19 of 48

Clause Title Fill-ins

852.203-70 COMMERCIAL ADVERTISING (MAY 2018)

852.219-76 VA NOTICE OF LIMITATIONS ON SUBCONTRACTING-CERTIFICATE OF COMPLIANCE FOR SUPPLIES AND

PRODUCTS (NOV 2022)

(a) Pursuant to 38 U.S.C. 8127(k)(2), the offeror certifies that-

(1) If awarded a contract (see FAR 2.101 definition), it will comply with the limitations on subcontracting requirement as provided in the solicitation and the resultant contract, as follows: [Offeror check the appropriate box]

(i) __ In the case of a contract for supplies or products (other than from a non-manufacturer of such supplies), it will not pay more than 50% of the amount paid by the government to it to firms that are not VIP-listed SDVOSBs as set forth in 852.219-73 or VOSBs as set forth in 852.219-74. Any work that a similarly situated VIP-listed subcontractor further subcontracts will count towards the 50% subcontract amount that cannot be exceeded. Cost of materials are excluded and not considered to be subcontracted.

(ii) __ In the case of a contract for supplies from a nonmanufacturer, it will supply the product of a domestic small business manufacturer or processor, unless a waiver as described in 13 CFR 121.406(b)(5) is granted. The offeror understands that, as provided in 13 CFR 121.406(b)(7), such a waiver has no effect on requirements external to the Small Business Act, such as the Buy American Act or the Trade Agreements Act.

(2) Manufacturer or nonmanufacturer representation and certification. [Offeror fill-in—check each applicable box below. The offeror must select the applicable provision below, identifying itself as either a manufacturer or nonmanufacturer]:

(i) __ Manufacturer or producer. The offeror certifies that it is the manufacturer or producer of the end item being procured, and the end item is manufactured or produced in the United States, in accordance with paragraph (a)(1)(i).

(ii) __ Nonmanufacturer. The offeror certifies that it qualifies as a nonmanufacturer in accordance with the requirements of 13 CFR 121.406(b) and paragraph (a)(1)(ii). The offeror further certifies it meets each element below as required in order to qualify as a nonmanufacturer. [Offeror fill-in—check each box below.]

__ The offeror certifies that it does not exceed 500 employees (or 150 employees for the Information Technology Value Added Reseller exception to NAICS code 541519, which is found at 13 CFR 121.201, footnote 18).

__ The offeror certifies that it is primarily engaged in the retail or wholesale trade and normally sells the type of item being supplied.

__ The offeror certifies that it will take ownership or possession of the item(s) with its personnel, equipment, or facilities in a manner consistent with industry practice.

(iii) __ The offeror certifies that it will supply the end item of a small business manufacturer, processor, or producer made in the United States, unless a waiver as provided in 13 CFR 121.406(b)(5) has been issued by SBA. [Contracting Officer fill-in or removal (see 13 CFR 121.1205). This requirement must be included for a single end item. However, if SBA has issued an applicable waiver of the nonmanufacturer rule for the end item, this requirement must be removed in the final solicitation or contract.] or [Contracting officer tailor clause to remove one or other block under subparagraph (iii).]

__ If this is a multiple item acquisition, the offeror certifies that at least 50% of the estimated contract value is composed of items that are manufactured by small business concerns. [Contracting Officer fill-in or removal. See 13 CFR 121.406(d) for multiple end items.

If SBA has issued an applicable nonmanufacturer rule waiver, this requirement must be removed in the final solicitation or contract.]

(3) The offeror acknowledges that this certification concerns a matter within the jurisdiction of an Agency of the United States.

The offeror further acknowledges that this certification is subject to Title 18, United States Code, Section 1001, and, as such, a false, fictitious, or fraudulent certification may render the offeror subject to criminal, civil, or administrative penalties, including prosecution.

(4) If VA determines that an SDVOSB/VOSB awarded a contract pursuant to 38 U.S.C. 8127 did not act in good faith, such SDVOSB/VOSB shall be subject to any or all of the following:

(i) Referral to the VA Suspension and Debarment Committee;

Document Number: 36C78625Q50238 PROCESSED Page 20 of 48

(ii) A fine under section 16(g)(1) of the Small Business Act (15 U.S.C. 645(g)(1)); and

(iii) Prosecution for violating section 1001 of title 18.

(b) The offeror represents and understands that by submission of its offer and award of a contract it may be required to provide copies of documents or records to VA that VA may review to determine whether the offeror complied with the limitations on subcontracting requirement specified in the contract or to determine whether the offeror qualifies as a manufacturer or nonmanufacturer in compliance with the limitations on subcontracting requirement. Contracting officers may, at their discretion, require the contractor to demonstrate its compliance with the limitations on subcontracting at any time during performance and upon completion of a contract if the information regarding such compliance is not already available to the contracting officer. Evidence of compliance includes, but is not limited to, invoices, copies of subcontracts, or a list of the value of tasks performed.

(c) The offeror further agrees to cooperate fully and make available any documents or records as may be required to enable VA to determine compliance. The offeror understands that failure to provide documents as requested by VA may result in remedial action as the Government deems appropriate.

(d) Offeror completed certification/fill-in required. The formal certification must be completed, signed and returned with the offeror’s bid, quotation, or proposal. The Government will not consider offers for award from offerors that do not provide the certification, and all such responses will be deemed ineligible for evaluation and award.

Certification:

I hereby certify that if awarded the contract, ______________________________ will comply with the limitations on subcontracting specified in this clause and in the resultant contract. I further certify that I am authorized to execute this certification on behalf of

Printed Name of Signee: ________________________________________

Printed Title of Signee: _________________________________________

Signature: ___________________________________________________

Date: _____________________

Company Name and Address: ______________________________________

(End of clause)

52.212-5 Contract Terms and Conditions Required To Implement Statutes or Executive Orders-Commercial Products and Commercial Services (Jan 2025)

(a) The Contractor shall comply with the following Federal Acquisition Regulation (FAR) clauses, which are incorporated in this contract by reference, to implement provisions of law or Executive orders applicable to acquisitions of commercial products and commercial services:

(1) 52.203-19, Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements (Jan 2017) (section 743 of Division E, Title VII, of the Consolidated and Further Continuing Appropriations Act, 2015 (Pub. L. 113-235) and its successor provisions in subsequent appropriations acts (and as extended in continuing resolutions)).

(2) 52.204-23, Prohibition on Contracting for Hardware, Software, and Services Developed or Provided by Kaspersky Lab Covered Entities (Dec 2023) (Section 1634 of Pub. L. 115-91).

(3) 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment. (Nov 2021) (Section 889(a)(1)(A) of Pub. L. 115-232).

(4) 52.209-10, Prohibition on Contracting with Inverted Domestic Corporations (Nov 2015).

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(5) 52.232-40, Providing Accelerated Payments to Small Business Subcontractors (Mar 2023) (31 U.S.C. 3903 and 10 U.S.C. 3801).

(6) 52.233-3, Protest After Award (Aug 1996) (31 U.S.C. 3553).

(7) 52.233-4, Applicable Law for Breach of Contract Claim (Oct 2004)(Public Laws 108-77 and 108-78 (19 U.S.C. 3805 note)).

(b) The Contractor shall comply with the FAR clauses in this paragraph (b) that the Contracting Officer has indicated as being incorporated in this contract by reference to implement provisions of law or Executive orders applicable to acquisitions of commercial products and commercial services:

[Contracting Officer check as appropriate.]

__ (1) 52.203-6, Restrictions on Subcontractor Sales to the Government (Jun 2020), with Alternate I (Nov 2021) (41 U.S.C. 4704 and 10 U.S.C. 4655).

__ (2) 52.203-13, Contractor Code of Business Ethics and Conduct (Nov 2021) (41 U.S.C. 3509).

__ (3) 52.203-15, Whistleblower Protections under the American Recovery and Reinvestment Act of 2009 (Jun 2010) (Section 1553 of Pub. L. 111-5). (Applies to contracts funded by the American Recovery and Reinvestment Act of 2009.)

X (4) 52.203-17, Contractor Employee Whistleblower Rights (Nov 2023) (41 U.S.C. 4712); this clause does not apply to contracts of DoD, NASA, the Coast Guard, or applicable elements of the intelligence community--see FAR 3.900(a).

X (5) 52.204-10, Reporting Executive Compensation and First-Tier Subcontract Awards (Jun 2020) (Pub. L. 109-282) (31 U.S.C.

6101 note).

__ (6) [Reserved].

__ (7) 52.204-14, Service Contract Reporting Requirements (Oct 2016) (Pub. L. 111-117, section 743 of Div. C).

__ (8) 52.204-15, Service Contract Reporting Requirements for Indefinite-Delivery Contracts (Oct 2016) (Pub. L. 111-117, section 743 of Div. C).

X (9) 52.204-27, Prohibition on a ByteDance Covered Application (Jun 2023) (Section 102 of Division R of Pub. L. 117-328).

__ (10) 52.204-28, Federal Acquisition Supply Chain Security Act Orders-Federal Supply Schedules, Governmentwide Acquisition Contracts, and Multi-Agency Contracts. (Dec 2023) (Pub. L. 115-390, title II).

__ (11)(i) 52.204-30, Federal Acquisition Supply Chain Security Act Orders-Prohibition. (Dec 2023) (Pub. L. 115-390, title II).

__ (ii) Alternate I (Dec 2023) of 52.204-30.

X (12) 52.209-6, Protecting the Government's Interest When Subcontracting with Contractors Debarred, Suspended, Proposed for Debarment, or Voluntarily Excluded. (Jan 2025) (31 U.S.C. 6101 note).

__ (13) 52.209-9, Updates of Publicly Available Information Regarding Responsibility Matters (Oct 2018) (41 U.S.C. 2313).

__ (14) [Reserved].

__ (15) 52.219-3, Notice of HUBZone Set-Aside or Sole-Source Award (Oct 2022) (15 U.S.C. 657a).

__ (16) 52.219-4, Notice of Price Evaluation Preference for HUBZone Small Business Concerns (Oct 2022) (if the offeror elects to waive the preference, it shall so indicate in its offer) (15 U.S.C. 657a).

__ (17) [Reserved]

X (18)(i) 52.219-6, Notice of Total Small Business Set-Aside (Nov 2020) (15 U.S.C. 644).

__ (ii) Alternate I (Mar 2020) of 52.219-6.

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__ (19)(i) 52.219-7, Notice of Partial Small Business Set-Aside (Nov 2020) (15 U.S.C. 644).

__ (ii) Alternate I (Mar 2020) of 52.219-7.

__ (20) 52.219-8, Utilization of Small Business Concerns (Jan 2025) (15 U.S.C. 637(d)(2) and (3)).

__ (21)(i) 52.219-9, Small Business Subcontracting Plan (Jan 2025) (15 U.S.C. 637(d)(4)).

__ (ii) Alternate I (Nov 2016) of 52.219-9.

__ (iii) Alternate II (Nov 2016) of 52.219-9.

__ (iv) Alternate III (Jun 2020) of 52.219-9.

__ (v) Alternate IV (Jan 2025) of 52.219-9.

X (22)(i) 52.219-13, Notice of Set-Aside of Orders (Mar 2020) (15 U.S.C. 644(r)).

__ (ii) Alternate I (Mar 2020) of 52.219-13.

X (23) 52.219-14, Limitations on Subcontracting (Oct 2022) (15 U.S.C. 657s).

__ (24) 52.219-16, Liquidated Damages-Subcontracting Plan (Sep 2021) (15 U.S.C. 637(d)(4)(F)(i)).

X (25) 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 (Feb 2024) (15 U.S.C. 657f).

X (26)(i) 52.219-28, Postaward Small Business Program Rerepresentation (Jan 2025) (15 U.S.C. 632(a)(2)).

__ (ii) Alternate I (Mar 2020) of 52.219-28.

__ (27) 52.219-29, Notice of Set-Aside for, or Sole-Source Award to, Economically Disadvantaged Women-Owned Small Business Concerns (Oct 2022) (15 U.S.C. 637(m)).

__ (28) 52.219-30, Notice of Set-Aside for, or Sole-Source Award to, Women-Owned Small Business Concerns Eligible Under the Women-Owned Small Business Program (Oct 2022) (15 U.S.C. 637(m)).

__ (29) 52.219-32, Orders Issued Directly Under Small Business Reserves (Mar 2020) (15 U.S.C. 644(r)).

__ (30) 52.219-33, Nonmanufacturer Rule (Sep 2021) (15 U.S.C. 637(a)(17)).

X (31) 52.222-3, Convict Labor (Jun 2003) (E.O. 11755).

X (32) 52.222-19, Child Labor-Cooperation with Authorities and Remedies (Jan 2025) (E.O. 13126).

__ (33) 52.222-21, Prohibition of Segregated Facilities (Apr 2015).

__ (34)(i) 52.222-26, Equal Opportunity (Sep 2016) (E.O. 11246).

__ (ii) Alternate I (Feb 1999) of 52.222-26.

__ (35)(i) 52.222-35, Equal Opportunity for Veterans (Jun 2020) (38 U.S.C. 4212).

__ (ii) Alternate I (Jul 2014) of 52.222-35.

X (36)(i) 52.222-36, Equal Opportunity for Workers with Disabilities (Jun 2020) (29 U.S.C. 793).

__ (ii) Alternate I (Jul 2014) of 52.222-36.

__ (37) 52.222-37, Employment Reports on Veterans (Jun 2020) (38 U.S.C. 4212).

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__ (38) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (Dec 2010) (E.O. 13496).

X (39)(i) 52.222-50, Combating Trafficking in Persons (Nov 2021) (22 U.S.C. chapter 78 and E.O. 13627).

__ (ii) Alternate I (Mar 2015) of 52.222-50 (22 U.S.C. chapter 78 and E.O. 13627).

__ (40) 52.222-54, Employment Eligibility Verification (Jan 2025) (Executive Order 12989). (Not applicable to the acquisition of commercially available off-the-shelf items or certain other types of commercial products or commercial services as prescribed in FAR 22.1803.)

__ (41)(i) 52.223-9, Estimate of Percentage of Recovered Material Content for EPA-Designated Items (May 2008) (42 U.S.C. 6962(c) (3)(A)(ii)). (Not applicable to the acquisition of commercially available off-the-shelf items.)

__ (ii) Alternate I (May 2008) of 52.223-9 (42 U.S.C. 6962(i)(2)(C)). (Not applicable to the acquisition of commercially available off-the-shelf items.)

__ (42) 52.223-11, Ozone-Depleting Substances and High Global Warming Potential Hydrofluorocarbons (May 2024) (42 U.S.C.

7671, et seq.).

__ (43) 52.223-12, Maintenance, Service, Repair, or Disposal of Refrigeration Equipment and Air Conditioners (May 2024) (42 U.S.C. 7671, et seq.).

__ (44) 52.223-20, Aerosols (May 2024) (42 U.S.C. 7671, et seq.).

__ (45) 52.223-21, Foams (May 2024) (42 U.S.C. 7671, et seq.).

__ (46) 52.223-23, Sustainable Products and Services (May 2024) (E.O. 14057, 7 U.S.C. 8102, 42 U.S.C. 6962, 42 U.S.C. 8259b, and 42 U.S.C. 7671l).

__ (47)(i) 52.224-3, Privacy Training (Jan 2017) (5 U.S.C. 552a).

__ (ii) Alternate I (Jan 2017) of 52.224-3.

X (48)(i) 52.225-1, Buy American--Supplies (Oct 2022) (41 U.S.C. chapter 83).

__ (ii) Alternate I (Oct 2022) of 52.225-1.

__ (49)(i) 52.225-3, Buy American-Free Trade Agreements-Israeli Trade Act (Nov 2023) (19 U.S.C. 3301 note, 19 U.S.C. 2112 note, 19 U.S.C. 3805 note, 19 U.S.C. 4001 note, 19 U.S.C. chapter 29 (sections 4501-4732), Public Law 103-182, 108-77, 108-78, 108-286, 108-302, 109-53, 109-169, 109-283, 110-138, 112-41, 112-42, and 112-43.

__ (ii) Alternate I [Reserved].

__ (iii) Alternate II (Jan 2025) of 52.225-3.

__ (iv) Alternate III (Feb 2024) of 52.225-3.

__ (v) Alternate IV (Oct 2022) of 52.225-3.

__ (50) 52.225-5, Trade Agreements (Nov 2023) (19 U.S.C. 2501, et seq., 19 U.S.C. 3301 note).

__ (51) 52.225-13, Restrictions on Certain Foreign Purchases (Feb 2021) (E.O.'s, proclamations, and statutes administered by the Office of Foreign Assets Control of the Department of the Treasury).

__ (52) 52.225-26, Contractors Performing Private Security Functions Outside the United States (Oct 2016) (Section 862, as amended, of the National Defense Authorization Act for Fiscal Year 2008; 10 U.S.C. Subtitle A, Part V, Subpart G Note).

__ (53) 52.226-4, Notice of Disaster or Emergency Area Set-Aside (Nov 2007) (42 U.S.C. 5150).

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__ (54) 52.226-5, Restrictions on Subcontracting Outside Disaster or Emergency Area (Nov 2007) (42 U.S.C. 5150).

X (55) 52.226-8, Encouraging Contractor Policies to Ban Text Messaging While Driving (May 2024) (E.O. 13513).

__ (56) 52.229-12, Tax on Certain Foreign Procurements (Feb 2021).

__ (57) 52.232-29, Terms for Financing of Purchases of Commercial Products and Commercial Services (Nov 2021) (41 U.S.C. 4505, 10 U.S.C. 3805).

__ (58) 52.232-30, Installment Payments for Commercial Products and Commercial Services (Nov 2021) (41 U.S.C. 4505, 10 U.S.C.

3805).

__ (59) 52.232-33, Payment by Electronic Funds Transfer--System for Award Management (Oct 2018) (31 U.S.C. 3332).

__ (60) 52.232-34, Payment by Electronic Funds Transfer--Other than System for Award Management (Jul 2013) (31 U.S.C. 3332).

__ (61) 52.232-36, Payment by Third Party (May 2014) (31 U.S.C. 3332).

__ (62) 52.239-1, Privacy or Security Safeguards (Aug 1996) (5 U.S.C. 552a).

__ (63) 52.240-1, Prohibition on Unmanned Aircraft Systems Manufactured or Assembled by American Security Drone Act-Covered Foreign Entities (Nov 2024) (Sections 1821-1826, Pub. L. 118-31, 41 U.S.C. 3901 note prec.).

__ (64) 52.242-5, Payments to Small Business Subcontractors (Jan 2017)(15 U.S.C. 637(d)(13)).

__ (65)(i) 52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels (Nov 2021) (46 U.S.C. 55305 and 10 U.S.C.

2631).

__ (ii) Alternate I (Apr 2003) of 52.247-64.

__ (iii) Alternate II (Nov 2021) of 52.247-64.

(c) The Contractor shall comply with the FAR clauses in this paragraph (c), applicable to commercial services, that the Contracting Officer has indicated as being incorporated in this contract by reference to implement provisions of law or Executive orders applicable to acquisitions of commercial products and commercial services:

[Contracting Officer check as appropriate.]

__ (1) 52.222-41, Service Contract Labor Standards (Aug 2018) (41 U.S.C. chapter 67).

__ (2) 52.222-42, Statement of Equivalent Rates for Federal Hires (May 2014) (29 U.S.C. 206 and 41 U.S.C. chapter 67).

__ (3) 52.222-43, Fair Labor Standards Act and Service Contract Labor Standards-Price Adjustment (Multiple Year and Option Contracts) (Aug 2018) (29 U.S.C. 206 and 41 U.S.C. chapter 67).

__ (4) 52.222-44, Fair Labor Standards Act and Service Contract Labor Standards--Price Adjustment (May 2014) (29 U.S.C. 206 and 41 U.S.C. chapter 67).

__ (5) 52.222-51, Exemption from Application of the Service Contract Labor Standards to Contracts for Maintenance,…