Solicitation.pdf

Document Number: 36C78626Q50081 PROCESSED Page 1 of 81

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS

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

1. REQUISITION NUMBER

F369146-26-2000008

PAGE 1 OF

5. SOLICITATION NUMBER

36C78626Q50081

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

DATE

03/02/2026

7. FOR SOLICITATION

INFORMATION CALL:

a. NAME Roberto Escobedo

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

TIME

03/27/2026

13:00 PT

CODE 36C786

NATIONAL CEMETERY ADMIN (786)

NATIONAL CEMETERY ADMIN

DEPT OF VETERANS AFFAIRS-CENTRAL CO

18434 Joplin Rd 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: 212321

SIZE STANDARD: 500 Employees

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

369146CODE15. DELIVER TO

RIVERSIDE NATIONAL CEMETERY (901)

DEPT OF VETERANS AFFAIRS (901)

RIVERSIDE NATIONAL CEMETERY

22495 VAN BUREN BLVD

RIVERSIDE, CA 92518

CODE 36C78616. ADMINISTERED BY

NATIONAL CEMETERY ADMIN (786)

NATIONAL CEMETERY ADMIN

DEPT OF VETERANS AFFAIRS-CENTRAL CO

18434 Joplin Rd Triangle, VA 22172

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

Riverside National Cemetery Bulk Landscaping Materials, Indefinite Delivery

Indefinite Quantity (IDIQ)

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 03/02/2026

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: 36C78626Q50081 PROCESSED Page 2 of 81

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: 36C78626Q50081 PROCESSED Page 3 of 81

Table of Contents

Section Description Page Number

1 Continuation Sheet 1 P09 SON Landscping Materials Riverside.pdf 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) 52.204-19 Incorporation by Reference of Representations and Certifications (Dec 2014) 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) 52.217-6 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) 52.219-6 (DEV) Notice of Total Small Business Set-Aside (NOV 2020) (DEVIATION NOV 2025) 52.219-8 (DEV) Utilization of Small Business Concerns (JAN 2025) (DEVIATION NOV 2025) 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 (DEV) Child Labor-Cooperation with Authorities and Remedies (JAN 2025) (DEVIATION

NOV 2025)

52.222-20 (DEV) Contracts for Materials, Supplies, Articles, and Equipment (JUN 2020)

(DEVIATION NOV 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)

52.222-50 (DEV) Combating Trafficking in Persons (OCT 2025) (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) 52.225-1 (DEV) Buy American-Supplies (OCT 2022) (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) 52.233-3 (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 (DEV) Subcontracts for Commercial Products and Commercial Services (OCT 2025)

(DEVIATION NOV 2025)

Document Number: 36C78626Q50081 PROCESSED Page 4 of 81

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

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)

852.219-76 (DEV) VA NOTICE OF LIMITATIONS ON SUBCONTRACTING-CERTIFICATE OF

COMPLIANCE FOR SUPPLIES AND PRODUCTS (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)

852.242-71 ADMINISTRATIVE CONTRACTING OFFICER (OCT 2020)

852.246-71 REJECTED GOODS (OCT 2018)

852.247-74 ADVANCE NOTICE OF SHIPMENT (OCT 2018)

3 Documents, Exhibits, or Attachments 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) 52.204-29 Federal Acquisition Supply Chain Security Act Orders-Representation and Disclosures (Dec 2023) 52.209-7 Information Regarding Responsibility Matters (Oct 2018) 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)

52.216-1 (DEV) Type of Contract (APR 1984) (DEVIATION NOV 2025) 52.217-5 (DEV) Evaluation of Options (JUL 1990) (DEVIATION NOV 2025) 52.225-2 Buy American Certificate (Oct 2022) 52.233-2 (DEV) Service of Protest (SEP 2006) (DEVIATION NOV 2025) 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)

Document Number: 36C78626Q50081 PROCESSED Page 5 of 81

Section 1 - Continuation Sheet

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

0001 See Description Below

PSC: 5610

MINERAL CONTRUCT

MATERIALS BULK

450.000000 CY

Description: Amended topsoil 60/25/10/5 sandy loam/fir shavings/compost/manure

Period of Performance: 04/15/2026 - 04/14/2027

Reference Line: F369146-26-2000008 - 0001

Pricing Options: Base

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

0002 See Description Below

PSC: 5610

MINERAL CONTRUCT

MATERIALS BULK

800.000000 CY

Description: Premium red dyed mulch 1" to 2"

Period of Performance: 04/15/2026 - 04/14/2027

Reference Line: F369146-26-2000008 - 0002

Pricing Options: Base

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

0003 See Description Below

PSC: 5610

MINERAL CONTRUCT

MATERIALS BULK

800.000000 TN

Description: Southwest brown crushed rock 3/4" minus

Period of Performance: 04/15/2026 - 04/14/2027

Reference Line: F369146-26-2000008 - 0003

Pricing Options: Base

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

0004 See Description Below

PSC: 5610

800.000000 TN

Document Number: 36C78626Q50081 PROCESSED Page 6 of 81

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

MINERAL CONTRUCT

MATERIALS BULK

Description: 3/8" birds eye pea gravel

Period of Performance: 04/15/2026 - 04/14/2027

Reference Line: F369146-26-2000008 - 0004

Pricing Options: Base

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

0005 See Description Below

PSC: 5610

MINERAL CONTRUCT

MATERIALS BULK

120.000000 TN

Description: Playground sand

Period of Performance: 04/15/2026 - 04/14/2027

Reference Line: F369146-26-2000008 - 0005

Pricing Options: Base

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

0006 See Description Below

PSC: 5610

MINERAL CONTRUCT

MATERIALS BULK

500.000000 TN

Description: Washed plaster sand

Period of Performance: 04/15/2026 - 04/14/2027

Reference Line: F369146-26-2000008 - 0006

Pricing Options: Base

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

0007 See Description Below

PSC: 5610

MINERAL CONTRUCT

MATERIALS BULK

50.000000 TN

Description: Gold dust crushed rock 4" minus

Period of Performance: 04/15/2026 - 04/14/2027

Reference Line: F369146-26-2000008 - 0007

Pricing Options: Base

Document Number: 36C78626Q50081 PROCESSED Page 7 of 81

0008 See Description Below

PSC: 5610

MINERAL CONTRUCT

MATERIALS BULK

50.000000 TN

Description: Pewter gray crushed rock 3" minus

Period of Performance: 04/15/2026 - 04/14/2027

Reference Line: F369146-26-2000008 - 0008

Pricing Options: Base

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

0009 See Description Below

PSC: 5610

MINERAL CONTRUCT

MATERIALS BULK

50.000000 PF

Description: Borcon rustic steel edging 1/8"x4"x16' (100 ea/plt)**6 stakes to be included per piece of edging

Period of Performance: 04/15/2026 - 04/14/2027

Reference Line: F369146-26-2000008 - 0009

Pricing Options: Base

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

10001 See Description Below

PSC: 5610

MINERAL CONTRUCT

MATERIALS BULK

450.000000 CY

Description: Amended topsoil 60/25/10/5 sandy loam/fir shavings/compost/manure

Period of Performance: 04/15/2027 - 04/14/2028

Reference Line: F369146-26-2000008 - 10001

Pricing Options: 0001

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

10002 See Description Below

PSC: 5610

MINERAL CONTRUCT

MATERIALS BULK

800.000000 CY

Description: Premium red dyed mulch 1" to 2"

Period of Performance: 04/15/2027 - 04/14/2028

Document Number: 36C78626Q50081 PROCESSED Page 8 of 81

Reference Line: F369146-26-2000008 - 10002

Pricing Options: 0002

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

10003 See Description Below

PSC: 5610

MINERAL CONTRUCT

MATERIALS BULK

800.000000 TN

Description: Southwest brown crushed rock 3/4" minus

Period of Performance: 04/15/2027 - 04/14/2028

Reference Line: F369146-26-2000008 - 10003

Pricing Options: 0003

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

10004 See Description Below

PSC: 5610

MINERAL CONTRUCT

MATERIALS BULK

800.000000 TN

Description: 3/8" birds eye pea gravel

Period of Performance: 04/15/2027 - 04/14/2028

Reference Line: F369146-26-2000008 - 10004

Pricing Options: 0004

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

10005 See Description Below

PSC: 5610

MINERAL CONTRUCT

MATERIALS BULK

120.000000 TN

Description: Playground sand

Period of Performance: 04/15/2027 - 04/14/2028

Reference Line: F369146-26-2000008 - 10005

Pricing Options: 0005

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

10006 See Description Below

500.000000 TN

Document Number: 36C78626Q50081 PROCESSED Page 9 of 81

MINERAL CONTRUCT

MATERIALS BULK

Description: Washed plaster sand

Period of Performance: 04/15/2027 - 04/14/2028

Reference Line: F369146-26-2000008 - 10006

Pricing Options: 0006

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

10007 See Description Below

PSC: 5610

MINERAL CONTRUCT

MATERIALS BULK

50.000000 TN

Description: Gold dust crushed rock 4" minus

Period of Performance: 04/15/2027 - 04/14/2028

Reference Line: F369146-26-2000008 - 10007

Pricing Options: 0007

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

10008 See Description Below

PSC: 5610

MINERAL CONTRUCT

MATERIALS BULK

50.000000 TN

Description: Pewter gray crushed rock 3" minus

Period of Performance: 04/15/2027 - 04/14/2028

Reference Line: F369146-26-2000008 - 10008

Pricing Options: 0008

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

10009 See Description Below

PSC: 5610

MINERAL CONTRUCT

MATERIALS BULK

50.000000 PF

Description: Borcon rustic steel edging 1/8"x4"x16' (100 ea/plt)**6 stakes to be included per piece of edging

Period of Performance: 04/15/2027 - 04/14/2028

Reference Line: F369146-26-2000008 - 10009

Pricing Options: 0009

Document Number: 36C78626Q50081 PROCESSED Page 10 of 81

20001 See Description Below

PSC: 5610

MINERAL CONTRUCT

MATERIALS BULK

450.000000 CY

Description: Amended topsoil 60/25/10/5 sandy loam/fir shavings/compost/manure

Period of Performance: 04/15/2028 - 04/14/2029

Reference Line: F369146-26-2000008 - 20001

Pricing Options: 0001

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

20002 See Description Below

PSC: 5610

MINERAL CONTRUCT

MATERIALS BULK

800.000000 CY

Description: Premium red dyed mulch 1" to 2"

Period of Performance: 04/15/2028 - 04/14/2029

Reference Line: F369146-26-2000008 - 20002

Pricing Options: 0002

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

20003 See Description Below

PSC: 5610

MINERAL CONTRUCT

MATERIALS BULK

800.000000 TN

Description: Southwest brown crushed rock 3/4" minus

Period of Performance: 04/15/2028 - 04/14/2029

Reference Line: F369146-26-2000008 - 20003

Pricing Options: 0003

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

20004 See Description Below

PSC: 5610

MINERAL CONTRUCT

MATERIALS BULK

800.000000 TN

Description: 3/8" birds eye pea gravel

Period of Performance: 04/15/2028 - 04/14/2029

Document Number: 36C78626Q50081 PROCESSED Page 11 of 81

Reference Line: F369146-26-2000008 - 20004

Pricing Options: 0004

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

20005 See Description Below

PSC: 5610

MINERAL CONTRUCT

MATERIALS BULK

120.000000 TN

Description: Playground sand

Period of Performance: 04/15/2028 - 04/14/2029

Reference Line: F369146-26-2000008 - 20005

Pricing Options: 0005

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

20006 See Description Below

PSC: 5610

MINERAL CONTRUCT

MATERIALS BULK

500.000000 TN

Description: Washed plaster sand

Period of Performance: 04/15/2028 - 04/14/2029

Reference Line: F369146-26-2000008 - 20006

Pricing Options: 0006

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

20007 See Description Below

PSC: 5610

MINERAL CONTRUCT

MATERIALS BULK

50.000000 TN

Description: Gold dust crushed rock 4" minus

Period of Performance: 04/15/2028 - 04/14/2029

Reference Line: F369146-26-2000008 - 20007

Pricing Options: 0007

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

20008 See Description Below

50.000000 TN

Document Number: 36C78626Q50081 PROCESSED Page 12 of 81

MINERAL CONTRUCT

MATERIALS BULK

Description: Pewter gray crushed rock 3" minus

Period of Performance: 04/15/2028 - 04/14/2029

Reference Line: F369146-26-2000008 - 20008

Pricing Options: 0008

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

20009 See Description Below

PSC: 5610

MINERAL CONTRUCT

MATERIALS BULK

50.000000 PF

Description: Borcon rustic steel edging 1/8"x4"x16' (100 ea/plt)**6 stakes to be included per piece of edging

Period of Performance: 04/15/2028 - 04/14/2029

Reference Line: F369146-26-2000008 - 20009

Pricing Options: 0009

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

30001 See Description Below

PSC: 5610

MINERAL CONTRUCT

MATERIALS BULK

450.000000 CY

Description: Amended topsoil 60/25/10/5 sandy loam/fir shavings/compost/manure

Period of Performance: 04/15/2029 - 04/14/2030

Reference Line: F369146-26-2000008 - 30001

Pricing Options: 0001

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

30002 See Description Below

PSC: 5610

MINERAL CONTRUCT

MATERIALS BULK

800.000000 CY

Description: Premium red dyed mulch 1" to 2"

Period of Performance: 04/15/2029 - 04/14/2030

Reference Line: F369146-26-2000008 - 30002

Pricing Options: 0002

Document Number: 36C78626Q50081 PROCESSED Page 13 of 81

30003 See Description Below

PSC: 5610

MINERAL CONTRUCT

MATERIALS BULK

800.000000 TN

Description: Southwest brown crushed rock 3/4" minus

Period of Performance: 04/15/2029 - 04/14/2030

Reference Line: F369146-26-2000008 - 30003

Pricing Options: 0003

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

30004 See Description Below

PSC: 5610

MINERAL CONTRUCT

MATERIALS BULK

800.000000 TN

Description: 3/8" birds eye pea gravel

Period of Performance: 04/15/2029 - 04/14/2030

Reference Line: F369146-26-2000008 - 30004

Pricing Options: 0004

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

30005 See Description Below

PSC: 5610

MINERAL CONTRUCT

MATERIALS BULK

120.000000 TN

Description: Playground sand

Period of Performance: 04/15/2029 - 04/14/2030

Reference Line: F369146-26-2000008 - 30005

Pricing Options: 0005

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

30006 See Description Below

PSC: 5610

MINERAL CONTRUCT

MATERIALS BULK

500.000000 TN

Description: Washed plaster sand

Period of Performance: 04/15/2029 - 04/14/2030

Document Number: 36C78626Q50081 PROCESSED Page 14 of 81

Reference Line: F369146-26-2000008 - 30006

Pricing Options: 0006

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

30007 See Description Below

PSC: 5610

MINERAL CONTRUCT

MATERIALS BULK

50.000000 TN

Description: Gold dust crushed rock 4" minus

Period of Performance: 04/15/2029 - 04/14/2030

Reference Line: F369146-26-2000008 - 30007

Pricing Options: 0007

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

30008 See Description Below

PSC: 5610

MINERAL CONTRUCT

MATERIALS BULK

50.000000 TN

Description: Pewter gray crushed rock 3" minus

Period of Performance: 04/15/2029 - 04/14/2030

Reference Line: F369146-26-2000008 - 30008

Pricing Options: 0008

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

30009 See Description Below

PSC: 5610

MINERAL CONTRUCT

MATERIALS BULK

50.000000 PF

Description: Borcon rustic steel edging 1/8"x4"x16' (100 ea/plt)**6 stakes to be included per piece of edging

Period of Performance: 04/15/2029 - 04/14/2030

Reference Line: F369146-26-2000008 - 30009

Pricing Options: 0009

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

40001 See Description Below

450.000000 CY

Document Number: 36C78626Q50081 PROCESSED Page 15 of 81

MINERAL CONTRUCT

MATERIALS BULK

Description: Amended topsoil 60/25/10/5 sandy loam/fir shavings/compost/manure

Period of Performance: 04/15/2030 - 04/14/2031

Reference Line: F369146-26-2000008 - 40001

Pricing Options: 0001

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

40002 See Description Below

PSC: 5610

MINERAL CONTRUCT

MATERIALS BULK

800.000000 CY

Description: Premium red dyed mulch 1" to 2"

Period of Performance: 04/15/2030 - 04/14/2031

Reference Line: F369146-26-2000008 - 40002

Pricing Options: 0002

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

40003 See Description Below

PSC: 5610

MINERAL CONTRUCT

MATERIALS BULK

800.000000 TN

Description: Southwest brown crushed rock 3/4" minus

Period of Performance: 04/15/2030 - 04/14/2031

Reference Line: F369146-26-2000008 - 40003

Pricing Options: 0003

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

40004 See Description Below

PSC: 5610

MINERAL CONTRUCT

MATERIALS BULK

800.000000 TN

Description: 3/8" birds eye pea gravel

Period of Performance: 04/15/2030 - 04/14/2031

Reference Line: F369146-26-2000008 - 40004

Pricing Options: 0004

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40005 See Description Below

PSC: 5610

MINERAL CONTRUCT

MATERIALS BULK

120.000000 TN

Description: Playground sand

Period of Performance: 04/15/2030 - 04/14/2031

Reference Line: F369146-26-2000008 - 40005

Pricing Options: 0005

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

40006 See Description Below

PSC: 5610

MINERAL CONTRUCT

MATERIALS BULK

500.000000 TN

Description: Washed plaster sand

Period of Performance: 04/15/2030 - 04/14/2031

Reference Line: F369146-26-2000008 - 40006

Pricing Options: 0006

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

40007 See Description Below

PSC: 5610

MINERAL CONTRUCT

MATERIALS BULK

50.000000 TN

Description: Gold dust crushed rock 4" minus

Period of Performance: 04/15/2030 - 04/14/2031

Reference Line: F369146-26-2000008 - 40007

Pricing Options: 0007

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

40008 See Description Below

PSC: 5610

MINERAL CONTRUCT

MATERIALS BULK

50.000000 TN

Description: Pewter gray crushed rock 3" minus

Period of Performance: 04/15/2030 - 04/14/2031

Document Number: 36C78626Q50081 PROCESSED Page 17 of 81

Reference Line: F369146-26-2000008 - 40008

Pricing Options: 0008

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

40009 See Description Below

PSC: 5610

MINERAL CONTRUCT

MATERIALS BULK

50.000000 PF

Description: Borcon rustic steel edging 1/8"x4"x16' (100 ea/plt)**6 stakes to be included per piece of edging

Period of Performance: 04/15/2030 - 04/14/2031

Reference Line: F369146-26-2000008 - 40009

Pricing Options: 0009

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Statement of Need Landscaping Materials

Riverside National Cemetery

1. Background:

The Department of Veterans Affairs, National Cemetery Administration (NCA), requires a consistent and reliable source of landscaping materials to support day-to-day operations at Riverside National Cemetery (RNC). To maintain its mission as a national shrine, RNC requires recurring deliveries of landscaping supplies that meet the National Cemetery Administration’s National Shrine Commitment Operational Standards and Measures (Version 5.1, July 2014 or most current) and Handbook 3130: Organizational Assessment and Improvement Guide (OAI).

The cemetery has extensive turf, landscaped areas, and decorative features requiring reliable access to bulk materials such as amended topsoil, mulch, sand, gravel, rock, and edging.

2. Objective: The objective of this procurement is to establish an Indefinite Delivery Indefinite Quantity (IDIQ) contract vehicle for the as-needed delivery of landscaping materials that meet established specifications, ensuring the cemetery grounds are properly maintained in accordance with national shrine standards.

3. General Scope: The contractor shall be responsible for all labor, supervision, transportation, materials, equipment, and incidentals necessary to procure and deliver bulk landscape materials to Riverside National Cemetery. The contractor must provide the following material: amended topsoil, mulch, rock, gravel, sand, and steel edging as described below.

4. Period of Performance: This contract will have a base one-year ordering period and four (4) (12 months) options ordering periods.

5. Contract Type: Firm-Fixed-Price, Indefinite Delivery Indefinite Quantity (IDIQ).

6. Delivery Location: Riverside National Cemetery, 22495 Van Buren Blvd.

Riverside, CA 92518. (End of Avenue “A,” spoils area beside railroad tracks, adjacent to the I-215 freeway. COR to be contacted upon arrival.)

7. Delivering Time Frame: Materials shall be delivered freight on board (F.O.B.)

Destination within seven (7) business days after receipt of order unless an alternate time frame is agreed upon in writing.

Deliveries shall be made Monday through Friday between 8:00 AM - 2:30 PM (excluding Federal Holidays)

8. Delivering Ordering Procedures: The Contracting Officer will issue a written Delivery Order to the contractor for the specific requirements. The Foreman or Contracting Officer Representative will coordinate delivery of the material from the

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Landscaping Materials

Riverside National Cemetery vendor. The request will be placed in time for the vendor to meet the delivery timeframe outlined above.

8.1 Tracking of Materials: If requested quantities are not delivered in one shipment, the contractor must provide an accurate tracking sheet of materials delivered to the Contracting Officer or Contracting Officer Representative (COR). At no time can the contractor go over the quantities in the delivery order. The contractor must submit a final quantity per CLIN delivered to the cemetery during the period of performance of the delivery order.

9. Point of Contact for Delivery:

- Lincoln Sii – (909) 735-7846

- David Childers – (951) 653-8417 EXT. 4361

10. Submittals: For the topsoil, the topsoil provider's specification sheet shall be submitted prior to each delivery. The information shall include the date of analysis, soil texture, soil pH, soluble salts, CEC, and percent soil organic matter.

With each bulk delivery, a weight ticket shall be provided detailing gross, tare, and net weights. Any proposed substitutions must be submitted to the contracting officer and approved prior to delivery. Otherwise, no substitutions are allowed.

11. Salient Characteristics Landscaping materials. The contract must provide the exact materials listed below.

11.1 Amended Topsoil (60/25/10/5 sandy loam / fir shavings / compost / manure)

- Composition: 60% sandy loam, 25% fir shavings, 10% compost, 5% manure (by weight).

- Topsoil: ASTM D5268, pH 5.5–7.0, minimum 2% organic matter, free of stones >1 inch and debris harmful to plant growth.

- Compost: Stable, weed-free organic matter, 35–55% moisture content, 100% passing ½-inch sieve, free of toxins.

- Fir shavings: Decomposed, nitrogen-treated wood fibers, uniform texture, free of soil or contaminants.

- Manure: Well-rotted stable or cattle manure, unleached, free of toxic substances and weed seeds.

- Delivery: Bulk dump load (no bagged material).

11.2 Premium Red Dyed Mulch (1”–3”)

- Organic decorative mulch, premium quality.

- Size: 1”–3” length, uniform texture.

- Color: Red dyed, UV resistant, consistent with existing cemetery mulch.

- Free of weeds, pests, plastics, or foreign matter.

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Landscaping Materials

Riverside National Cemetery

- Delivery: Bulk dump load (no bagged material).

11.3 Southwest Brown Crushed Rock (¾” minus)

- Hard, durable crushed granite.

- Size: ¾” maximum, ¼” minimum.

- Color: Uniform southwest brown, washed and free of clay/loam/silt.

- Delivery: Bulk dump load (no bagged material).

11.4 3/8” Birds-Eye Pea Gravel

- Rounded pea gravel, washed and durable.

- Size: 3/8” minus.

- Color: Multi-color blend, natural gravel tones, matching existing cemetery features.

- Free of dust, fines, or foreign substances.

- Delivery: Bulk dump load (no bagged material).

11.5 Playground Sand

- Clean, washed, natural sand.

- Free of clay, silt, organic matter, and debris.

- Particle size distribution suitable for safe playground and landscaping use.

-No wet sand will be accepted

- Delivery: Bulk dump load (no bagged material).

11.6 Washed Plaster Sand

- Clean, washed sand with fine grading suitable for plaster/masonry.

- Free of loam, clay, silt, and contaminants.

- No Wet sand will be accepted.

- Delivery: Bulk dump load (no bagged material).

11.7 Gold Dust Crushed Rock (4” minus)

- Crushed decorative stone.

- Size: Up to 4” minus.

- Color: Gold/tan tones consistent with natural stone features.

- Hard, durable, and washed free of dirt and debris.

- Delivery: Bulk dump load (no bagged material).

11.8 Pewter Gray Crushed Rock (3” minus)

- Crushed stone, pewter gray color.

- Size: Up to 3” minus.

- Hard, durable, and washed free of dirt, loam, or debris.

- Delivery: Bulk dump load (no bagged material).

11.9 Borcon Rustic Steel Edging (1/8” x 4” x 16’)

- Material: Borcon rustic steel.

- Size: 1/8” thick x 4” height x 16’ length.

- Each piece to include six (6) stakes for proper anchoring.

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Landscaping Materials

Riverside National Cemetery

- Palletized delivery: 100 pieces per pallet (with stakes).

- Steel must be free of defects, rust beyond intended finish, or structural weakness.

12. Estimated Maximum Delivery Quantity Per Year. Delivery Orders issued by a Contracting Officer will provide specific quantities and delivery period.

Item Description Qty Amended topsoil 60/25/10/5 sandy loam/fir shavings/compost/manure

450 CY – Dump Loads

Premium red dyed mulch 1” to 3” 800 CY – Dump Loads Southwest brown crushed rock ¾” minus 800 TON – Dump Loads 3/8” birds eye pea gravel 800 TON – Dump Loads Playground sand-No Wet sand will be accepted 120 TON – Dump Loads

Washed plaster Sand-No wet sand will be accepted 500 TON – Dump Loads

Gold dust crushed rock 4” minus 50 TON – Dump Loads Pewter gray crushed rock 3” minus 50 TON – Dump Loads Borcon rustic steel edging 1/8”x4”x16’ (100 ea/plt) **6 stakes to be included per piece of edging

50 Pallets

13. Packaging and Labeling Bulk Deliveries: All materials must be delivered in dump-load trucks only; no bagged materials will be accepted. Steel Edging Pallets: Pallets of Borcon rustic steel edging must be shrink-wrapped or securely banded to prevent shifting during transport. Stakes shall be bundled and clearly associated with each piece.

Labeling: Each delivery ticket must include: contract number, CLIN, material type, quantity (cubic yards, tons, or pallets), and date of delivery. Marking: All pallets (steel edging) must be labeled with product description, quantity, and supplier name.

14. Warranty

14.1 Material Quality Warranty: Contractor shall warrant that all materials delivered meet the specifications in Section 10 (Salient Characteristics) and are free of contaminants, weeds, pests, or extraneous matter harmful to plant growth.

14.2 Duration: Warranty coverage shall remain in effect for 90 calendar days after delivery for soils, mulches, sand, and gravel, and one (1) year for steel edging.

Remedy: Any material found non-compliant or defective within the warranty period shall be removed and replaced by the contractor at no additional cost to the Government.

15. Acceptance Criteria

15.1 The contractor shall not deliver or be entitled to payment for amounts exceeding those specifically stated in each individual delivery order. The Government shall not

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Landscaping Materials

Riverside National Cemetery be obligated to accept, nor shall the Contractor be entitled to compensation for any amounts delivered in excess of the specified quantity in the delivery order.

Any over-delivery is at the contractor’s risk and may be rejected by the Government without payment. Acceptance of goods or services in excess of the delivery order quantity shall not be construed as acceptance by the Government. The Contractor shall bear full responsibility for any costs associated with over-delivery, including return shipping and handling not authorized by the Govt.”

15.2 Inspection: The COR will inspect all deliveries at time of receipt for compliance with specifications, correct quantities, and proper packaging/labeling.

Pass/Fail Standard: Deliveries will be accepted if:

• Quantities match the delivery ticket.

• Material meets the salient characteristics.

• Material is free of weeds, debris, or contamination.

• Packaging and labeling.

15.3 Rejection: Non-compliant deliveries will be rejected, documented by the COR, and must be corrected by the contractor within five (5) business days at no additional cost to the Government.

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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: 36C78626Q50081 PROCESSED Page 24 of 81 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.

Document Number: 36C78626Q50081 PROCESSED Page 26 of 81

(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,…