Solicitation.pdf

Document Number: 36C78626Q50050 PROCESSED Page 1 of 95

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS

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

1. REQUISITION NUMBER

F369202-26-2000001

PAGE 1 OF

5. SOLICITATION NUMBER

36C78626Q50050

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

DATE

01/15/2026

7. FOR SOLICITATION

INFORMATION CALL:

a. NAME Roberto Escobedo

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

TIME

02/13/2026

13:00 PT

CODE 36C786

NATIONAL CEMETERY ADMIN (786)

NATIONAL CEMETERY ADMIN

DEPT OF VETERANS AFFAIRS-CENTRAL CO

5105 RUSSELL RD

QUANTICO, VA 22134

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: 812220

SIZE STANDARD: $25 Million

10. THE ACQUISITION IS

SEE

SCHEDULE

X

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

369202CODE15. DELIVER TO

NATL MEMORIAL CEMETERY OF PACIFIC (899)

DEPT OF VETERANS AFFAIRS (899)

NATL MEMORIAL CEMETERY OF PACIFIC

2177 PUOWAINA DRIVE

HONOLULU, HI 96813

CODE 36C78616. ADMINISTERED BY

NATIONAL CEMETERY ADMIN (786)

NATIONAL CEMETERY ADMIN

DEPT OF VETERANS AFFAIRS-CENTRAL CO

5105 RUSSELL RD

QUANTICO, VA 22134

FACILITY

CODE

CODE

Telephone No.

17a. CONTRACTOR/

OFFEROR

NCA-VACOCODE18a. PAYMENT WILL BE MADE BY

TUNGSTEN

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

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

OFFER SEE ADDENDUM

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

CHECKED

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

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

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

Disinterment Support Services in accordance with the Statement of Work

(SOW) at the National Memorial Cemetery of the Pacific (NMCP). The

Government intends to award a Single Indefinite Delivery Indefinite Quantity

(IDIQ) contract.

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 X ARE ARE NOT ATTACHED

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

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) Brian Trahan

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: 36C78626Q50050 PROCESSED Page 2 of 95

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: 36C78626Q50050 PROCESSED Page 3 of 95

Table of Contents

Section Description Page Number

1 Continuation Sheet 1 Contract Guarantee Minimum.docx 1 P09 SOW Disinterment Support Svc 01.05.26.docx 1 DIGNITY CLAUSE.docx 2 Contract Clauses

52.252-2 Clauses Incorporated by Reference (Feb 1998) 52.203-16 Preventing Personal Conflicts of Interest (Jun 2020) 52.203-17 Contractor Employee Whistleblower Rights (Nov 2023) 52.203-19 Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements (Jan 2017) 52.204-13 (DEV) System for Award Management - Maintenance (OCT 2018) (DEVIATION NOV 2025) 52.209-6 Protecting the Government's Interest When Subcontracting with Contractors Debarred, Suspended, Proposed for Debarment, or Voluntarily Excluded (Jan 2025) 52.209-9 Updates of Publicly Available Information Regarding Responsibility Matters (Oct 2018) 52.209-10 Prohibition on Contracting with Inverted Domestic Corporations (Nov 2015) 52.212-4 (DEV) Contract Terms and Conditions-Commercial Products and Commercial Services (NOV

2023) (DEVIATION AUG 2025)

52.216-18 Ordering (Aug 2020) 52.216-19 Order Limitations (Oct 1995) 52.216-22 (DEV) Indefinite Quantity (OCT 1995) (DEVIATION NOV 2025) 52.217-8 Option to Extend Services (Nov 1999) 52.217-9 Option to Extend the Term of the Contract (Mar 2000) 52.219-6 Notice of Total Small Business Set-Aside (Nov 2020) 52.219-14 (DEV) Limitations on Subcontracting (OCT 2022) (DEVIATION NOV 2025) 52.222-3 (DEV) Convict Labor (JUN 2003) (DEVIATION NOV 2025) 52.222-19 Child Labor-Cooperation with Authorities and Remedies (Jan 2025) 52.222-35 (DEV) Equal Opportunity for Veterans (JUN 2020) (DEVIATION NOV 2025) 52.222-36 (DEV) Equal Opportunity for Workers with Disabilities (JUN 2020) (DEVIATION NOV 2025) 52.222-37 (DEV) Employment Reports on Veterans (JUN 2020) (DEVIATION NOV 2025) 52.222-40 (DEV) Notification of Employee Rights Under the National Labor Relations Act (DEC

2010) (DEVIATION NOV 2025)

52.222-41 (DEV) Service Contract Labor Standards (AUG 2018) (DEVIATION NOV 2025) 52.222-43 Fair Labor Standards Act and Service Contract Labor Standards-Price Adjustment (Multiple Year and Option Contracts) (Aug 2018) 52.222-50 (DEV) Combating Trafficking in Persons (OCT 2025) (DEVIATION NOV 2025) 52.222-62 (DEV) Paid Sick Leave Under Executive Order 13706 (JAN 2022) (DEVIATION NOV 2025) 52.223-5 Pollution Prevention and Right-to-Know Information (May 2024) 52.223-23 (DEV) Sustainable Products (MAY 2024) (DEVIATION NOV 2025) 52.226-8 Encouraging Contractor Policies To Ban Text Messaging While Driving (May 2024) 52.228-5 Insurance-Work on a Government Installation (Jan 1997) 52.229-3 (DEV) Federal, State, and Local Taxes (FEB 2013) (DEVIATION SEP 2025) 52.232-18 Availability of Funds (Apr 1984) 52.232-19 Availability of Funds for the Next Fiscal Year (Apr 1984) 52.232-33 Payment by Electronic Funds Transfer-System for Award Management (Oct 2018) 52.232-40 Providing Accelerated Payments to Small Business Subcontractors (Mar 2023) 52.233-1 (DEV) Disputes (MAY 2014) (DEVIATION NOV 2025) 52.233-3 (DEV) Protest after Award (AUG 1996) (DEVIATION NOV 2025) 52.233-4 (DEV) Applicable Law for Breach of Contract Claim (AUG 1996) (DEVIATION NOV 2025) 52.240-91 (DEV) Security Prohibitions and Exclusions (NOV 2025) (DEVIATION NOV 2025) 52.244-6 Subcontracts for Commercial Products and Commercial Services (Oct 2025)

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

Document Number: 36C78626Q50050 PROCESSED Page 4 of 95

852.203-70 COMMERCIAL ADVERTISING (MAY 2018)

852.219-73 (DEV) VA NOTICE OF TOTAL SET-ASIDE FOR CERTIFIED SERVICE-DISABLED

VETERAN-OWNED SMALL BUSINESSES (NOV 2022) (DEVIATION JAN 2023)

852.219-75 (DEV) VA NOTICE OF LIMITATIONS ON SUBCONTRACTING-CERTIFICATE

OF COMPLIANCE FOR SERVICES AND CONSTRUCTION (NOV 2022) (DEVIATION JAN

2023)

852.222-71 (DEV) COMPLIANCE WITH EXECUTIVE ORDER 13899 (APR 2025) (DEVIATION

APR 2025)

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

852.237-75 KEY PERSONNEL (OCT 2019)

852.242-71 ADMINISTRATIVE CONTRACTING OFFICER (OCT 2020)

3 Documents, Exhibits, or Attachments 3 WD 2015-5689 Rev 27 12 03 2025.pdf 4 Solicitation Provisions

52.252-1 Solicitation Provisions Incorporated by Reference (Feb 1998) 52.203-11 Certification And Disclosure Regarding Payments to Influence Certain Federal Transactions (Sept 2024) 52.204-7 (DEV) System for Award Management - Registration (NOV 2024) (DEVIATION NOV 2025) 52.209-7 Information Regarding Responsibility Matters (Oct 2018) 52.209-12 Certification Regarding Tax Matters (Oct 2025) 52.212-1 (DEV) Instructions to Offerors-Commercial Products and Commercial Services (SEP 2023)

(DEVIATION AUG 2025)

52.212-2 (DEV) Evaluation-Commercial Products and Commercial Services (NOV 2021)

(DEVIATION AUG 2025)

52.233-2 Service of Protest (Sept 2006) 52.240-90 (DEV) Security Prohibitions and Exclusions Representations and Certifications (NOV 2025)

(DEVIATION NOV 2025)

852.233-70 PROTEST CONTENT/ALTERNATIVE DISPUTE RESOLUTION (OCT 2018)

852.233-71 ALTERNATE PROTEST PROCEDURE (OCT 2018)

4 S02 INSTRUCTIONS TO OFFERORS EVALUATIONS FAR Part 12.docx

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Section 1 - Continuation Sheet

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

0001 See Description Below

PSC: G001

SOCIAL- CARE OF REMAINS

AND/OR FUNERAL

20.000000 EV

Description: Disinterment Support Services in accordance with Statement of Need.

Period of Performance: 03/01/2026 - 02/28/2027

Reference Line: F369202-26-2000001 - 0001

Pricing Options: Base

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

10001 See Description Below

PSC: G001

SOCIAL- CARE OF REMAINS

AND/OR FUNERAL

20.000000 EV

Description: Disinterment Support Services in accordance with Statement of Need.

Period of Performance: 03/01/2027 - 02/28/2028

Reference Line: F369202-26-2000001 - 10001

Pricing Options: 0001

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

20001 See Description Below

PSC: G001

SOCIAL- CARE OF REMAINS

AND/OR FUNERAL

20.000000 EV

Description: Disinterment Support Services in accordance with Statement of Need.

Period of Performance: 03/01/2028 - 02/28/2029

Reference Line: F369202-26-2000001 - 20001

Pricing Options: 0001

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

30001 See Description Below

PSC: G001

20.000000 EV

Document Number: 36C78626Q50050 PROCESSED Page 6 of 95

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

SOCIAL- CARE OF REMAINS

AND/OR FUNERAL

Description: Disinterment Support Services in accordance with Statement of Need.

Period of Performance: 03/01/2029 - 02/28/2030

Reference Line: F369202-26-2000001 - 30001

Pricing Options: 0001

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

40001 See Description Below

PSC: G001

SOCIAL- CARE OF REMAINS

AND/OR FUNERAL

20.000000 EV

Description: Disinterment Support Services in accordance with Statement of Need.

Period of Performance: 03/01/2030 - 02/28/2031

Reference Line: F369202-26-2000001 - 40001

Pricing Options: 0001

Document Number: 36C78626Q50050 PROCESSED Page 7 of 95

Contract Guarantee Minimum/Maximum Aggregate Value

The guaranteed minimum amount for the life of the contract is $9,100.00.

The maximum aggregate value of the contract, inclusive of the Five One-Year ordering periods, shall not exceed $1,000,000.00.

The Government does not guarantee that it will place any orders under this contract more than the guaranteed minimum amount.

Document Number: 36C78626Q50050 PROCESSED Page 8 of 95

STATEMENT OF WORK

DISINTERMENT SUPPORT SERVICES

(IN SUPPORT OF DEFENSE POW/MIA ACCOUNTING AGENCY MISSION)

NATIONAL MEMORIAL CEMETERY OF THE PACIFIC

2177 PUOWAINA DR.

HONOLULU, HI 96813

1.1 Introduction

The Department of Veterans Affairs, National Cemetery Administration, honors Veterans with a final resting place and lasting memorials that commemorate their service to our nation. There are approximately 150 National Cemeteries in 42 states that receive visitors, hold ceremonies, and conduct committal services on an ongoing basis.

Because of the special significance and attention our National Cemeteries receive from the public, strict adherence to the following specifications is essential.

1.2 Background

The National Memorial Cemetery of the Pacific (NMCP) was established in 1949.

Situated on 111.5 acres, it is known locally as “Punchbowl” because it is in the crater of an extinct volcano. Before Punchbowl became a cemetery, the site was used as a place of sacrifice during the ancient days of Hawaii. More than 1,400 interments are conducted each year and currently there are approximately 62,000 decedents interred in this national shrine.

Under orders from the Secretary of Defense (SECDEF), the Defense POW/MIA

Accounting Agency (DPAA) is tasked with exhumation of unknown remains from the

National Memorial Cemetery of the Pacific (NMCP), Honolulu, HI. The remains are believed to be United States Military personnel that died during World War II (WWII) and

Korea.

1.3 Objective

The objective of this contract is to provide on-site disinterment services to the National

Memorial Cemetery of the Pacific, Honolulu, Hawaii during their disinterment mission.

Contractor shall perform various tasks in accordance with the Statement of Work

(SOW), technical specifications, and all terms and conditions contained in this SOW.

1.4 Period of Performance- Base year and four option periods

The number of events per year will consist of up to:

A. Base year – 20 events

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B. Option year 1 - 20 events

C. Option year 2 - 20 events

D. Option year 3 - 20 events

E. Option year 4 - 20 events

2.0 Scope of Work

The Contractor shall provide all personnel, equipment, tools, supervision, and other items and services necessary to ensure that the Disinterment Support Services are performed at the cemetery in a manner that shall maintain proper respect. The disinterment event typically consists of a consecutive Sunday and Monday. Each event shall have no more than 8 gravesites prepared for disinterment. Sunday will be the preparation of the gravesites for disinterment the following day. Monday will consist of the disinterment and the Dignified Transfer of Remains followed by backfilling and sodding of the gravesites. NMCP will provide a schedule of events to the contractor.

Services shall include, but are not limited to the following:

2.1 Contractor Requirements

A. The Contractor shall provide a minimum of one (1) supervisor and five (5) disinterment support personnel per event, Sunday and Monday.

B. The Contractor shall provide the necessary equipment and tools to support NMCP with the two (2) day event.

C. NMCP will provide the heavy equipment and personnel to operate the equipment for the event to include a: backhoe, tractors, trailers, turf protection mats, cables, shoring material, stanchions, chains, ramps, sod cutter, probing tool, casket trays and grave covers.

D. The Contractor’s primary requirement is to assist NMCP personnel with the ground support of the disinterment process and backfilling and sodding of the gravesites outlined in the SOW.

E. The Contractor shall work at all times under the supervision and direction of NMCP personnel.

F. The Contractor shall not operate or utilize NMCP equipment or tools unless otherwise directed and approved by a NMCP supervisor.

2.2 Key Personnel and Personnel Management

The on-site supervisor is considered key personnel for the success of the contract and as such, shall have a minimum of two (2) years of experience in a non-supervisory position followed by two (2) years of successful experience in field supervision.

Accepted field supervision will be 24 months of one of the following or a mixture of that equates to no less than 24 months:

Document Number: 36C78626Q50050 PROCESSED Page 10 of 95

Landscaping or grounds maintenance.

Supervision of up to five (5) personnel or laborers.

Demonstrate ability to manage multiple work tasks simultaneously.

The supervisor must be able to read, write, and speak English clearly and effectively.

If the accepted on-site supervisor is to be replaced, a resume must be submitted and accepted by the COR prior to the new employee beginning work on the contract.

2.3 Disinterment Support Personnel

The contractor shall provide support personnel that have knowledge and skills necessary to perform the following:

A. Cemetery labor or grounds support services.

B. Assisting government personnel with gravesite preparation.

C. Operation of hand tools or small equipment under supervision.

D. Work performed in regulated or sensitive environments.

2.4 Equipment and Supplies

The Contractor shall provide all required tools and equipment to support disinterment requirements. Contractor’s equipment must comply with Occupational Safety and

Health Administration (OSHA) standards. Equipment and tools used must be approved prior to the start of the event. All equipment and tools needed but are not limited to:

A. Uniforms, shovels, spades, trenching shovels, post pounder, hand tamper, rakes, blower, ladders, and two (2) jumping jack mechanical tampers.

B. Personal Protective Equipment (PPE) are to be worn at all times to include safety hats, safety shoes (steel toe), safety googles, hearing protection and safety gloves.

C. The Government will NOT furnish a storage building or area at the

Cemetery site for use by the Contractor to store supplies and equipment.

Contractor shall be responsible and required to provide and remove the material, equipment, tools and supplies to perform operations daily.

2.5 Standards of Employee Conduct

Contractor personnel are required to adhere to the following standards of dress and conduct while performing work in the National Memorial Cemetery of the Pacific.

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A. Clothing must be presentable and suitable to the work while maintaining proper appearance and decorum indicative for a National Shrine. Uniform shirts and pants are required. At the minimum, the uniform shirts shall be the same color. Clothing shall be clean and cleanliness. T-shirts and/or tank tops as outer garments and jeans are prohibited. Protective/safety clothing and shoes shall meet or exceed OSHA and state requirements.

B. Behavior and language must be appropriate, reverent, and respectful at all times.

C. Eating and drinking (except water) is prohibited in the cemetery. The

Contracting Officer Representative (COR) will designate an area for breaks and lunches.

D. Use of intoxicating beverages, any tobacco products, and illegal drugs on the Cemetery premises is strictly prohibited.

3.0 Sunday Disinterment Responsibilities – Contractor Duties

On Sundays, the Contractor is responsible for the following tasks in support of the scheduled disinterment operations but are not limited to:

A. Hours of Operation - 6:30 A.M. HST to no later than 3:00 P.M. HST.

B. Grave Preparation - The Contractor shall ensure that each disinterment gravesite has three grave covers in place. Rolls up and sets aside the sod from the gravesite area to allow for safe excavation. Remove flat granite markers and ensure they are placed at the gravesite that is being excavated with NMCP supervisor approval.

C. Equipment Setup and Site Safety - The Contractor shall place turf protection mats beneath the backhoe outriggers and front loader before excavation to protect the existing turf. Removes stanchions and "keep out" chains to allow site access for disinterment personnel. Installs shoring systems at gravesites as directed by NMCP personnel, particularly in cases where graves are deeper than five (5) feet or where soil conditions are unstable. The Contractor shall ensure gravesite is straight, smooth, and vertical in order to prevent collapsing.

i. Grave Sites Safety – Contractor shall observe NCA grave site safety standards. Excavation day Contractor will not remove flat granite markers from their socket without Foreman approval.

ii. Under no circumstance will contractor leave an open gravesite unattended, contractor shall ensure safety barriers are in place during lunch, breaks and in between gravesite excavation.

D. Casket Location and Exposure - The Contractor shall check for active pipes by digging at the foot of the gravesites at a minimum of 18” down from the surface when directed by NMCP personnel. Probe for the casket only when instructed by NMCP personnel. Use a shovel to carefully

Document Number: 36C78626Q50050 PROCESSED Page 12 of 95 expose the casket so that overlying dirt can be removed without causing damage to the casket. The Contractor may be responsible for removing roots, pipes, or any obstructing objects to the casket. The Contractor shall place the dug soil in the trailer (supplied by NMCP) to prevent damage to grass surrounding gravesite.

E. Trenching and Cable Placement – The Contractor shall trench the front of the casket to enable a cable to be hooked onto the head of the casket for lifting. Places two additional open cables beneath the casket and remasters them to ensure safe and stable lifting. The Contractor shall make every effort to not damage, step on, or otherwise harm the caskets during the disinterment.

F. Site Restoration and Cleanup - Once the caskets are prepared for the following day’s removal, the Contractor shall reinstall stanchions and chains around the excavated site to restrict access and place grave covers on open gravesites. Cleans the disinterment site and surrounding areas to return them to presentable condition, free of spoils and equipment.

3.1 Monday Responsibilities – Contractor Duties

On Mondays, the contractor is responsible for the following tasks in support of scheduled disinterment operations but are not limited to:

A. Hours of Operation – 6:00 A.M. HST to 2:30 P.M. HST or when the backfill and sodding of the opened gravesites are complete.

B. Casket Removal Preparation –The Contractor shall open one gravesite at a time. Removes stanchions, chains, and grave covers to access the gravesite.

C. Casket Extraction and Handling – The Contractor shall assist with cable placement and setup for the backhoe to lift the casket from the gravesite.

While the casket is being pulled from the gravesite the Contractor shall assist by guiding the placing of the casket into a casket tray. Removes the pulling cables from underneath the casket. Positions the tray and casket securely for the dignified transfer.

3.2 Backfilling and Sodding

A. In support of the backfilling of the gravesites, NMCP will provide the transportation of the backfill material to each gravesite. The contractor shall be able to support backfilling two (2) gravesites at the same time.

Backfill shall be brought to established grade in one (1) foot lifts, maximum. Each lift shall be thoroughly compacted by the contractor by means of an approved mechanical tamper. After backfilling is complete

Document Number: 36C78626Q50050 PROCESSED Page 13 of 95 and compacted, the remaining two (2) inches shall be filled with topsoil that is capable of growing healthy grasses. Backfill should not be mounded but should conform to existing grades. The Contractor shall remove all unusable dirt, rocks, roots and other types of objects from the cemetery grounds.

B. Once the topsoil is filled, the contractor shall place sod provided by NMCP on each gravesite. If NMCP cannot provide new sod to place, the salvaged sod shall be replaced and tamped to ground level. All sod laid shall be level with existing adjacent grade.

C. In the case of weather delays or noncompletion of the backfilling and sodding of each gravesite that were opened for the event. The contractor shall return the following day to complete or as directed by the COR.

3.3 Sunken Graves

A. A sunken grave is defined as any gravesite that has receded two (2) inches or more from the existing adjacent grade. Standard graves excavated and backfilled are approximately three and one-half feet wide and approximately eight feet long. The Contractor will warranty this work of backfilling for a minimum of one (1) year. The Contractor shall repair any sunken gravesite identified by the COR. Due to sunken graves being primarily a safety hazard, when the COR notifies the Contractor of sunken graves, the Contractor has thirty (30) days to repair the grave.

B. Sunken grave site shall have sod cut out and be filled with approved select backfill and tamped to within two (2) inches of established grade.

Topsoil capable of growing healthy grasses shall be added. Sod will then be replaced to bring the gravesite to established grade. The disturbed area shall then be raked free of stones and any debris larger than one (1) inch measured in any direction.

3.4 Weather Cancellations

NMCP will contact the Contractor by email or text the day before the event to cancel the event due to bad weather.

In the case that the Contractors have come to work, and a cancellation has been determined by bad weather, the contractor can file a request for equitable adjustment with the contracting officer for reasonable expenses caused by the delay. The contractor is still required to complete the two (2) day event if it extends outside of the consecutive

Monday and Sunday due to weather cancellations.

4.0 Contractor Quality Assurance.

Document Number: 36C78626Q50050 PROCESSED Page 14 of 95

The Government will inspect and evaluate the Contractor’s performance to ensure services are received in accordance with requirements set forth in this contract. The

COR or Cemetery Personnel directed by the COR will inspect by validating actual work performance, physically checking an attribute of the completed task and meets the standards contained in this SOW. The COR will use the Contractor’s work schedule or modified version thereof, to record surveillance results. Results of the surveillance then become the official record of the Contractor’s performance. When a performance threshold has not been met or Contractor performance has not been accomplished, the

CO or the COR will initiate a Contract Discrepancy Report (CDR) and then a Cure

Notice will be issued by the CO. However, the Contracting Officer may issue a Cure

Notice at any time he/she deems appropriate. Depending on the overall performance of the Contractor, an unsatisfactory reply to the Cure Notice should require a Show Cause letter to be issued, followed by consideration of termination of the contract.

NCA/Contractor Meetings: An initial step in avoiding disputes and claims is to settle minor problems and misunderstandings at the lowest possible level. Accordingly, the contractor or the Contractor's Representative shall meet with the COR or his representative as often as necessary at the discretion of the COR. A mutual effort shall be made to resolve all problems identified during these meetings. Any unresolved issues may be elevated to CO for a determination.

End of Statement of Work

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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)

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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)

52.203-16 Preventing Personal Conflicts of Interest (Jun 2020)

(a) Definitions. As used in this clause--

"Acquisition function closely associated with inherently governmental functions" means supporting or providing advice or recommendations with regard to the following activities of a Federal agency:

(1) Planning acquisitions.

(2) Determining what supplies or services are to be acquired by the Government, including developing statements of work.

(3) Developing or approving any contractual documents, to include documents defining requirements, incentive plans, and evaluation criteria.

(4) Evaluating contract proposals.

(5) Awarding Government contracts.

(6) Administering contracts (including ordering changes or giving technical direction in contract performance or contract quantities, evaluating contractor performance, and accepting or rejecting contractor products or services).

(7) Terminating contracts.

(8) Determining whether contract costs are reasonable, allocable, and allowable.

"Covered employee" means an individual who performs an acquisition function closely associated with inherently governmental functions and is--

(1) An employee of the contractor; or

(2) A subcontractor that is a self-employed individual treated as a covered employee of the contractor because there is no employer to whom such an individual could submit the required disclosures.

"Non-public information" means any Government or third-party information that--

(1) Is exempt from disclosure under the Freedom of Information Act (5 U.S. C.552) or otherwise protected from disclosure by statute, Executive order, or regulation; or

(2) Has not been disseminated to the general public and the Government has not yet determined whether the information can or will be made available to the public.

"Personal conflict of interest" means a situation in which a covered employee has a financial interest, personal activity, or relationship that could impair the employee's ability to act impartially and in the best interest of the Government when performing under the

Document Number: 36C78626Q50050 PROCESSED Page 17 of 95 contract. (A de minimis interest that would not "impair the employee's ability to act impartially and in the best interest of the Government" is not covered under this definition.)

(1) Among the sources of personal conflicts of interest are--

(i) Financial interests of the covered employee, of close family members, or of other members of the covered employee's household;

(ii) Other employment or financial relationships (including seeking or negotiating for prospective employment or business); and

(iii) Gifts, including travel.

(2) For example, financial interests referred to in paragraph (1) of this definition may arise from--

(i) Compensation, including wages, salaries, commissions, professional fees, or fees for business referrals;

(ii) Consulting relationships (including commercial and professional consulting and service arrangements, scientific and technical advisory board memberships, or serving as an expert witness in litigation);

(iii) Services provided in exchange for honorariums or travel expense reimbursements;

(iv) Research funding or other forms of research support;

(v) Investment in the form of stock or bond ownership or partnership interest (excluding diversified mutual fund investments);

(vi) Real estate investments;

(vii) Patents, copyrights, and other intellectual property interests; or

(viii) Business ownership and investment interests.

(b) Requirements. The Contractor shall--

(1) Have procedures in place to screen covered employees for potential personal conflicts of interest, by--

(i) Obtaining and maintaining from each covered employee, when the employee is initially assigned to the task under the contract, a disclosure of interests that might be affected by the task to which the employee has been assigned, as follows:

(A) Financial interests of the covered employee, of close family members, or of other members of the covered employee's household.

(B) Other employment or financial relationships of the covered employee (including seeking or negotiating for prospective employment or business).

(C) Gifts, including travel; and

(ii) Requiring each covered employee to update the disclosure statement whenever the employee's personal or financial circumstances change in such a way that a new personal conflict of interest might occur because of the task the covered employee is performing.

(2) For each covered employee--

(i) Prevent personal conflicts of interest, including not assigning or allowing a covered employee to perform any task under the contract for which the Contractor has identified a personal conflict of interest for the employee that the Contractor or employee cannot satisfactorily prevent or mitigate in consultation with the contracting agency;

(ii) Prohibit use of non-public information accessed through performance of a Government contract for personal gain; and

(iii) Obtain a signed non-disclosure agreement to prohibit disclosure of non-public information accessed through performance of a Government contract.

(3) Inform covered employees of their obligation--

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(i) To disclose and prevent personal conflicts of interest;

(ii) Not to use non-public information accessed through performance of a Government contract for personal gain; and

(iii) To avoid even the appearance of personal conflicts of interest;

(4) Maintain effective oversight to verify compliance with personal conflict-of-interest safeguards;

(5) Take appropriate disciplinary action in the case of covered employees who fail to comply with policies established pursuant to this clause; and

(6) Report to the Contracting Officer any personal conflict-of-interest violation by a covered employee as soon as it is identified. This report shall include a description of the violation and the proposed actions to be taken by the Contractor in response to the violation.

Provide follow-up reports of corrective actions taken, as necessary. Personal conflict-of-interest violations include--

(i) Failure by a covered employee to disclose a personal conflict of interest;

(ii) Use by a covered employee of non-public information accessed through performance of a Government contract for personal gain;

and

(iii) Failure of a covered employee to comply with the terms of a non-disclosure agreement.

(c) Mitigation or waiver. (1) In exceptional circumstances, if the Contractor cannot satisfactorily prevent a personal conflict of interest as required by paragraph (b)(2)(i) of this clause, the Contractor may submit a request through the Contracting Officer to the Head of the Contracting Activity for--

(i) Agreement to a plan to mitigate the personal conflict of interest; or

(ii) A waiver of the requirement.

(2) The Contractor shall include in the request any proposed mitigation of the personal conflict of interest.

(3) The Contractor shall--

(i) Comply, and require compliance by the covered employee, with any conditions imposed by the Government as necessary to mitigate the personal conflict of interest; or

(ii) Remove the Contractor employee or subcontractor employee from performance of the contract or terminate the applicable subcontract.

(d) Subcontracts. The Contractor shall include the substance of this clause, including this paragraph (d), in subcontracts--

(1) That exceed the simplified acquisition threshold, as defined in Federal Acquisition Regulation 2.101 on the date of subcontract award; and

(2) In which subcontractor employees will perform acquisition functions closely associated with inherently governmental functions (i.e., instead of performance only by a self-employed individual).

(End of clause)

52.203-17 Contractor Employee Whistleblower Rights (Nov 2023)

(a) This contract and employees working on this contract will be subject to the whistleblower rights and remedies established at 41 U.S.C. 4712 and Federal Acquisition Regulation (FAR) 3.900 through 3.905.

(b) The Contractor shall inform its employees in writing, in the predominant language of the workforce, of employee whistleblower rights and protections under 41 U.S.C. 4712, as described in FAR 3.900 through 3.905.

(c) The Contractor shall insert the substance of this clause, including this paragraph (c), in all subcontracts.

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(End of clause)

52.203-19 Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements (Jan 2017)

(a) Definitions. As used in this clause--

"Internal confidentiality agreement or statement" means a confidentiality agreement or any other written statement that the contractor requires any of its employees or subcontractors to sign regarding nondisclosure of contractor information, except that it does not include confidentiality agreements arising out of civil litigation or confidentiality agreements that contractor employees or subcontractors sign at the behest of a Federal agency.

"Subcontract" means any contract as defined in subpart 2.1 entered into by a subcontractor to furnish supplies or services for performance of a prime contract or a subcontract. It includes but is not limited to purchase orders, and changes and modifications to purchase orders.

"Subcontractor" means any supplier, distributor, vendor, or firm (including a consultant) that furnishes supplies or services to or for a prime contractor or another subcontractor.

(b) The Contractor shall not require its employees or subcontractors to sign or comply with internal confidentiality agreements or statements prohibiting or otherwise restricting such employees or subcontractors from lawfully reporting waste, fraud, or abuse related to the performance of a Government contract to a designated investigative or law enforcement representative of a Federal department or agency authorized to receive such information (e.g., agency Office of the Inspector General).

(c) The Contractor shall notify current employees and subcontractors that prohibitions and restrictions of any preexisting internal confidentiality agreements or statements covered by this clause, to the extent that such prohibitions and restrictions are inconsistent with the prohibitions of this clause, are no longer in effect.

(d) The prohibition in paragraph (b) of this clause does not contravene requirements applicable to Standard Form 312 (Classified Information Nondisclosure Agreement), Form 4414 (Sensitive Compartmented Information Nondisclosure Agreement), or any other form issued by a Federal department or agency governing the nondisclosure of classified information.

(e) In accordance with 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) use of funds appropriated (or otherwise made available) is prohibited, if the Government determines that the Contractor is not in compliance with the provisions of this clause.

(f) The Contractor shall include the substance of this clause, including this paragraph (f), in subcontracts under such contracts.

(End of clause)

52.204-13 (DEV) System for Award Management - Maintenance (OCT 2018) (DEVIATION NOV 2025)

(a) Definitions. As used in this clause-

Commercial and Government Entity code means-

(1) An identifier assigned to entities located in the United States or its outlying areas by the Defense Logistics Agency (DLA) Commercial and Government Entity (CAGE) Branch to identify a commercial or government entity by unique location (referred to as “CAGE code”); or

(2) An identifier assigned by a member of the North Atlantic Treaty Organization (NATO) or by the NATO Support and Procurement Agency to entities located outside the United States and its outlying areas that the DLA CAGE Branch records and maintains in the CAGE master file (referred to as “NCAGE code”).

Unique Entity Identifier (UEI) means an identifier used to identify a specific commercial, nonprofit, or Government entity.

(b) Active registration.

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(1) The Contractor shall maintain an active Federal Government contracts registration in the System for Award Management (SAM) at https://www.sam.gov during contract performance and through final payment under this contract. To maintain an active registration in SAM, the Contractor shall review at least annually its registration in SAM and validate that the information is current, accurate, and complete.

(2) The Contractor is responsible for the currency, accuracy, and completeness of the information provided within SAM, and for any liability resulting from the Government’s reliance on inaccurate or incomplete information. Updating SAM does not alter the terms and conditions of this contract and is not a substitute for a properly executed contractual document.

(c) Novation and change-of-name agreements.

(1) If the Contractor has legally changed its business name or “doing business as” name (whichever is shown on the contract), or has transferred the assets used to perform the contract, but has not completed the necessary requirements regarding novation and change-of-name agreements in part 42 of the Federal Acquisition Regulation (FAR), the Contractor shall provide the responsible Contracting Officer a minimum of one business day’s written notification of its intention to -

(i) Change the legal business name in SAM;

(ii) Comply with the requirements of FAR part 42; and

(iii) Agree in writing to the timeline and procedures specified by the responsible Contracting Officer. The Contractor shall provide with its written notification sufficient documentation to support the legally changed name.

(2) If the Contractor fails to comply with the requirements of paragraph (c)(1) of this clause, or fails to perform the agreement at paragraph (c)(1)(iii) of this clause, and, in the absence of a properly executed novation or change-of-name agreement, the SAM information that shows the Contractor to be other than the Contractor indicated in the contract will be considered to be incorrect information within the meaning of the “Suspension of Payment” paragraph of the electronic funds transfer (EFT) clause of this contract.

(d) Assignees.

(1) The Contractor shall not change the legal business name or address for EFT payments or manual payments, as appropriate, in the SAM record to reflect an assignee for the purpose of assignment of claims (see FAR part 32). Assignees shall be separately registered in SAM.

(2) Information provided to the Contractor’s SAM record that indicates payments, including those made by EFT, to an ultimate recipient other than that Contractor will be incorrect information within the meaning of the “Suspension of Payment” paragraph of the EFT clause of this contract.

(e) Unique entity identifier (UEI). The Contractor shall ensure that its UEI is maintained throughout the life of the contract.

(f) Commercial and Government Entity (CAGE) code. The Contractor shall ensure that the CAGE code is maintained throughout the life of the contract. To update a CAGE code, the Contractor shall initiate the change by updating its SAM registration.

(g) Communicating changes. The Contractor shall communicate any change to its UEI or CAGE code to the Contracting Officer within 30 days after the change, so a modification can be issued to update the UEI or CAGE code on this contract. A change in the UEI does not necessarily require a novation.

(End of clause)

52.209-6 Protecting the Government's Interest When Subcontracting with Contractors Debarred, Suspended, Proposed for Debarment, or Voluntarily Excluded (Jan 2025)

(a) Definition.

Commercially available off-the-shelf (COTS) item, as used in this clause--

(1) Means any item of supply (including construction material) that is--

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(i) A commercial product (as defined in paragraph (1) of the definition of "commercial product" in Federal Acquisition Regulation

(FAR) 2.101);

(ii) Sold in substantial quantities in the commercial marketplace; and

(iii) Offered to the Government, under a contract or subcontract at any tier, without modification, in the same form in which it is sold in the commercial marketplace; and

(2) Does not include bulk cargo, as defined in 46 U.S.C. 40102(4), such as agricultural products and petroleum products.

(b) The Government suspends or debars Contractors to protect the Government's interests. Other than a subcontract for a commercially available off-the-shelf item, the Contractor shall not enter into any subcontract, in excess of the threshold specified in FAR 9.405-2(b) on the date of subcontract award, with a Contractor that is debarred, suspended, or proposed for debarment by any executive agency unless there is a compelling reason to do so.

(c) The Contractor shall require each proposed subcontractor whose subcontract will exceed the threshold specified in FAR 9.405-2(b) on the date of subcontract award, other than a subcontractor providing a commercially available off-the-shelf item, to disclose to the Contractor, in writing, whether as of the time of award of the subcontract, the subcontractor, or its principals, is or is not debarred, suspended, proposed for debarment, or voluntarily excluded, by the Federal Government.

(d) A corporate officer or a designee of the Contractor shall notify the Contracting Officer, in writing, before entering into a subcontract with a party (other than a subcontractor providing a commercially available off-the-shelf item) that is debarred, suspended, proposed for debarment, or voluntarily excluded (see FAR 9.404 for information on the System for Award Management (SAM) Exclusions). The notice must include the following:

(1) The name of the subcontractor.

(2) The Contractor's knowledge of the reasons for the subcontractor being listed with an exclusion in SAM.

(3) The compelling reason(s) for doing business with the subcontractor notwithstanding its being listed with an exclusion in SAM.

(4) The systems and procedures the Contractor has established to ensure that it is fully protecting the Government's interests when dealing with such subcontractor in view of the specific basis for the party's debarment, suspension, proposed debarment, or voluntary exclusion.

(e) Subcontracts. Unless this is a contract for the acquisition of commercial products or commercial services, the Contractor shall include the requirements of this clause, including this paragraph (e) (appropriately modified for the identification of the parties), in each subcontract that--

(1) Exceeds the threshold specified in FAR 9.405-2(b) on the date of subcontract award; and

(2) Is not a subcontract for commercially available off-the-shelf items.

(End of clause)

52.209-9 Updates of Publicly Available Information Regarding Responsibility Matters (Oct 2018)

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

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

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

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

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

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

(i) Past performance reviews required by subpart 42.15;

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

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

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

(1) If the Contractor asserts in writing…