36C24218Q9655-001.pdf

PAGE 1 OF 1. REQUISITION NO.

2. CONTRACT NO. 3. AWARD/EFFECTIVE DATE 4. ORDER NO. 5. SOLICITATION NUMBER 6. SOLICITATION ISSUE DATE

a. NAME b. TELEPHONE NO. (No Collect Calls) 8. OFFER DUE DATE/LOCAL

TIME

9. ISSUED BY CODE 10. THIS ACQUISITION IS UNRESTRICTED OR SET ASIDE: % FOR:

SMALL BUSINESS

HUBZONE SMALL

BUSINESS

SERVICE-DISABLED

VETERAN-OWNED

SMALL BUSINESS

WOMEN-OWNED SMALL BUSINESS

(WOSB) ELIGIBLE UNDER THE WOMEN-OWNED

SMALL BUSINESS PROGRAM

EDWOSB

8(A)

NAICS:

SIZE STANDARD:

11. DELIVERY FOR FOB DESTINA-

TION UNLESS BLOCK IS

MARKED

SEE SCHEDULE

12. DISCOUNT TERMS

13a. THIS CONTRACT IS A

RATED ORDER UNDER

DPAS (15 CFR 700)

13b. RATING

14. METHOD OF SOLICITATION

RFQ IFB RFP

15. DELIVER TO CODE 16. ADMINISTERED BY CODE

17a. CONTRACTOR/OFFEROR CODE FACILITY CODE 18a. PAYMENT WILL BE MADE BY CODE

TELEPHONE NO. DUNS: DUNS+4:

PHONE: FAX:

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

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

SEE ADDENDUM

19. 20. 21. 22. 23. 24.

ITEM NO. SCHEDULE OF SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

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

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

27a. SOLICITATION INCORPORATES BY REFERENCE FAR 52.212-1, 52.212-4. FAR 52.212-3 AND 52.212-5 ARE ATTACHED. ADDENDA 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

28. CONTRACTOR IS REQUIRED TO SIGN THIS DOCUMENT AND RETURN _______________ 29. AWARD OF CONTRACT: REF. ___________________________________ OFFER

COPIES TO ISSUING OFFICE. CONTRACTOR AGREES TO FURNISH AND DATED ________________________________. YOUR OFFER ON SOLICITATION

DELIVER ALL ITEMS SET FORTH OR OTHERWISE IDENTIFIED ABOVE AND ON ANY (BLOCK 5), INCLUDING ANY ADDITIONS OR CHANGES WHICH ARE

ADDITIONAL SHEETS SUBJECT TO THE TERMS AND CONDITIONS SPECIFIED 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 CONTRACTING OFFICER (TYPE OR PRINT) 31c. DATE SIGNED

AUTHORIZED FOR LOCAL REPRODUCTION (REV. 2/2012)

PREVIOUS EDITION IS NOT USABLE Prescribed by GSA - FAR (48 CFR) 53.212

7. FOR SOLICITATION

INFORMATION CALL:

STANDARD FORM 1449

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

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS 54

620-18-3-589-0036

36C24218Q9655 07-16-2018

MILLS, BRAD | William.Mills4@va.gov 914.737.4400 x2074 07-25-2018

12:00PM EDT

36C242

Department of Veterans Affairs

Network Contracting Office 2

James J. Peters VA Medical Center

130 West Kingsbridge Road

Bronx NY 10468-3904

X 100

X

561730

$7.5 Million

N/A

Department of Veterans Affairs

Hudson Valley Healthcare System

Castle Point campus

Route 9D

Castle Point NY 12511-0100

36C242

Department of Veterans Affairs

James J. Peters VA Medical Center

Network Contracting Office 2

Tungsten Network http://www.tungsten-network.com/us/en

/veterans-affairs

See CONTINUATION Page

This requirement is for tree removal, pruning, and replanting service at the VA Hudson Valley Healthcare System

Castle Point campus. See SOW and Price/Cost Schedule for more information. Resultant award will be for a performance period of 60 days from Award Effective Date. This is a one-time service requirement and there are no option periods.

SITE VISIT: Although not required to attend, interested parties are encouraged to attend to fully assess the work requirements. The site visit will occur on

Wednesday, July 18, 2018, beginning at 9:00AM EDT. If interested in attending, contact the solicitation POC for additional information.

See CONTINUATION Page

X X

X 1

36C24218Q9655

Table of Contents

SECTION A

A.1 SF 1449 SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS

SECTION B - CONTINUATION OF SF 1449 BLOCKS

B.1 CONTRACT ADMINISTRATION DATA

B.2 LIMITATIONS ON SUBCONTRACTING-- MONITORING AND COMPLIANCE (JUN

2011)

B.3 STATEMENT OF WORK (SOW)

B.4 PRICE/COST SCHEDULE

ITEM INFORMATION

B.5 DELIVERY SCHEDULE

SECTION C - CONTRACT CLAUSES

C.1 52.212-4 CONTRACT TERMS AND CONDITIONS—COMMERCIAL ITEMS (JAN

2017)

C.2 SUPPLEMENTAL INSURANCE REQUIREMENTS

C.3 VAAR 852.203-70 COMMERCIAL ADVERTISING (MAY 2018)

C.4 VAAR 852.232-72 ELECTRONIC SUBMISSION OF PAYMENT REQUESTS (NOV

2012)

C.5 VAAR 852.237-70 CONTRACTOR RESPONSIBILITIES (APR 1984)

C.6 52.212-5 CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT

STATUTES OR EXECUTIVE ORDERS—COMMERCIAL ITEMS (JAN 2018)

SECTION D - CONTRACT DOCUMENTS, EXHIBITS, OR ATTACHMENTS

D.1 WAGE DETERMINATION

SECTION E - SOLICITATION PROVISIONS

E.1 52.212-1 INSTRUCTIONS TO OFFERORS—COMMERCIAL ITEMS (JAN 2017)

ADDENDUM TO 52.212-1 INSTRUCTIONS TO OFFERORS—COMMERCIAL ITEMS

E.2 52.237-1 SITE VISIT (APR 1984)

E.3 52.212-3 OFFEROR REPRESENTATIONS AND CERTIFICATIONS—COMMERCIAL

ITEMS (NOV 2017)

SECTION B - CONTINUATION OF SF 1449 BLOCKS

B.1 CONTRACT ADMINISTRATION DATA

1. Contract Administration: All contract administration matters will be handled by the following individuals:

a. CONTRACTOR:

b. GOVERNMENT: Contracting Officer 36C242 BRAD MILLS | William.Mills4@va.gov

Department of Veterans Affairs

Network Contracting Office 2

James J. Peters VA Medical Center

2. CONTRACTOR REMITTANCE ADDRESS: All payments by the Government to the contractor will be made in accordance with:

[X] 52.232-33, Payment by Electronic Funds Transfer—System For Award Management, or

[ ] 52.232-36, Payment by Third Party

3. INVOICES: Invoices shall be submitted in arrears:

a. Quarterly [ ]

b. Semi-Annually [ ]

c. Other [X] After all work is completed

4. GOVERNMENT INVOICE ADDRESS: All Invoices from the contractor shall be submitted electronically in accordance with VAAR Clause 852.232-72 Electronic Submission of Payment Requests.

Tungsten Network http://www.tungsten-network.com/us/en

/veterans-affairs

ACKNOWLEDGMENT OF AMENDMENTS: The offeror acknowledges receipt of amendments to the Solicitation numbered and dated as follows:

AMENDMENT NO DATE

B.2 LIMITATIONS ON SUBCONTRACTING-- MONITORING AND COMPLIANCE (JUN

2011)

This solicitation includes FAR 52.219-6 Notice of Total Small Business Set-Aside. Accordingly, any contract resulting from this solicitation will include this clause. The contractor is advised in performing contract administration functions, the CO may use the services of a support contractor(s) retained by VA to assist in assessing the contractor's compliance with the limitations on subcontracting or percentage of work performance requirements specified in the clause. To that end, the support contractor(s) may require access to contractor's offices where the contractor's business records or other proprietary data are retained and to review such business records regarding the contractor's compliance with this requirement. All support contractors conducting this review on behalf of VA will be required to sign an “Information

Protection and Non-Disclosure and Disclosure of Conflicts of Interest Agreement” to ensure the contractor's business records or other proprietary data reviewed or obtained in the course of assisting the CO in assessing the contractor for compliance are protected to ensure information or data is not improperly disclosed or other impropriety occurs.

Furthermore, if VA determines any services the support contractor(s) will perform in assessing compliance are advisory and assistance services as defined in FAR 2.101, Definitions, the support contractor(s) must also enter into an agreement with the contractor to protect proprietary information as required by FAR 9.505-4, obtaining access to proprietary information, paragraph (b). The contractor is required to cooperate fully and make available any records as may be required to enable the CO to assess the contractor's compliance with the limitations on subcontracting or percentage of work performance requirement.

B.3 STATEMENT OF WORK (SOW)

1.0 DESCRIPTION OF SERVICE: The contractor shall provide all necessary personnel, supervision, management, tools, equipment, transportation, material and any other items or services necessary to remove and replace trees around buildings 13, 18, 88, 7, 45, 4, 46, Flagpole, Hillside by Urgent Care, Gazebo Area and Sewer Plant.

1.1 Remove Tree and Root: The contractor shall cut down trees and remove trees and root, and return ground to its original condition after work.

1.1.1 Planting: The contractor shall plant trees that is evaluate to the ones being taken down and agreed on by

VA.

1.1.2 Disposal: After cutting and trimming trees, the contactor shall promptly collect and remove the debris to an off-base.

1.2 SUBMITTALS

1.2.1 Guarantee: All planted nursery stocks shall be guarantee for one (1) year from the date of the final inspection by the Government after planting, against defects including death and unsatisfactory growth, except for one resulted from abuse by the Government or from unusual weather conditions. Planted nursey stock identified as defect shall be replaced at no additional cost to the Government.

2.0 GENERAL INFORMATION:

2.1 CONTRACTOR PERSONNEL

2.1.1. Contractor Manager: The contractor shall provide a contractor manager who shall be responsible for all requirements in this SOW. The name of this person and an alternate, who shall act for the contractor when the manager is absent, shall be designated in writing to the Contracting Office (CO). The contract manager or alternate shall have full authority to act for the contractor on all matters relating to this contract. The contractor shall provide the contract manager’s name, addresses, and telephone numbers. The contractor shall maintain a current listing of employees providing updates as changes occur. The contract manager or alternate shall have good understanding of directives (written and oral), issued by the CO or COR. If the contract manager or alternate do not meet these requirements, the contractor shall provide a translator for them.

2.1.2 Contract Employees: The contractor personnel shall be easily recognizable as contractor employees.

This may be accomplished by wearing distinctive clothing bearing the name of the company or by wearing appropriate badges which contain the contractor’s company name and employee’s name

2.1.2.1 Personnel Qualification: The contractor shall provide skilled and qualified employees necessary to perform these services under this contract. The contractor shall ensure that employees (and/or its subcontractor) have the proper valid professional certificates/licenses.

2.1.3. Removal of Contractor’s Employees: The contractor shall utilize only experience, responsible and capable employees in the performance of this contract. The CO may require that the contractor remove from the Government job any of his/her employees who endanger persons or property, or whose continued employment under this contract is inconsistent with the interest of the U.S. Government.

2.1.4. Roster. The contractor shall provide a complete roster of all personnel (including the contract manager and alternate contract manager) to the GR prior to start of performance. The rooster must include all include all employees’ names, addresses, and telephone numbers. The contractor shall maintain a current listing of employees, providing updates as changes occur.

2.2. QUALITY CONTROL: The contractor shall develop and maintain a quality control program to ensure the services are performed in accordance with commonly accepted commercial practices. The contractor shall develop and implement procedures to identify, prevent and ensure non-recurrence of defective services.

2.3. QUALTY ASSURANCE: The Government will evaluate the contractor’s performance by appointment a

GR to monitor performance to ensure services are received.

2.4. GOVERNMENT REPRESENTATIVE (GR): The contractor shall coordinate all aspects of this project with the GR. Completed work shall be subject to inspection and acceptance by the GR. The GR shall NOT direct or redirect any contractor action(s). This can only be done by the CO.

2.5. AVAILABILITY OF FACILITIES:

2.5.1. Hours of Service: The contractor’s personnel shall perform schedule work on weekdays, Monday through Friday (Exclusive of the U.S. legal and other designated holidays (4th July) during the normal duty hours of 0700-1630 hours, unless prior arrangement has been made with the GR.

2.6. Arrangements of The Performance Time: Should the contractor decide to perform any of the required services before or after normal duty hours, the contractor shall request the approval from the GR prior to the performance and shall do so at no additional cost to the Government.

2.7. SECURITY AND SAFETY REQUIREMENTS:

2.7.1. Security Requirements: The contractor shall ensure each employee obtains all the required passes and identification items for access to U.S. Government’s installations. These items are issued by the Security

Forces Pass and Registration Section. The contractor and employees shall return identification cards to Security

Forces within 24 hours of termination or completion of this contract. All other Government identification fir terminated employees shall be returned to the CO within 24 hours of termination.

2.7.2. Off Limit Signs: The contractor shall provide warning and/or “OFF LIMITS” signs and post them at the entrance of jobsite, and barriers around the jobsite while the equipment and/or systems are being serviced. The contractor shall control all personnel desiring access into jobsite areas when work is in progress. The contractor shall also be responsible for controlling traffic on-post in coordination with the GR.

2.7.3. Photography Permission: The contractor shall obtain GR approval prior to commencing any photography.

2.7.4. Reports of Damages, Destruction, Injury, or Death

2.7.4.1. The contractor shall report all incidents of damage or destruction to property, or personal injury or death to any person, arising out of and during the performance of this contract. The term “property” includes equipment, freight, or property of any type, whether Government owned or not. The term “Contractor” includes the contractor, its agent, servants or employees.

2.7.4.2. The contractor shall submit these reports to the CO through the GR as follow:

(a) A preliminary report shall be made as soon as practicable after the time the incident occurs. Report may be either verbal or facsimile.

(b) A complete written report shall be submitted within 4 days (96 hours) after occurrence of the incident. A copy of this report shall be furnished to the GR.

2.8 ENVIRONMENTAL REQUIREMENTS

2.8.1. Work Site Maintenance and Waste Disposal: The contractor is responsible for the cleanliness of the work sites. Waste and unserviceable materials generated under this contract shall be removed from the work site at the end of each day and recycled/disposed of at off-base facilities in accordance with applicable New York

State environmental laws and regulations.

2.9. RESPONSIBILITIES FIR DAMAGES: Any damaged caused to U.S. Government property while performing this contract shall be restored, replaced and/or repaired to its original condition at no additional cost to the U.S. Government.

3.0. SPECIFIC REQUIREMENTS:

3.1. Job 1: Building 13

3.1.1. Uprooted Elm located in field adjacent to Parking Lot: Remove to stump

3.1.2. Damaged Gingko Tree in Field: Remove all damaged and hanging branches

3.1.3. Severely damaged Mulberry in field - Remove to grade and grind stump

3.1.4. Two damaged Elm Trees in field: Remove the smaller tree and prune back all snapped broken and hanging branches on the larger tree and grind stump

3.1.5. Grouping of 4 severely damaged White Pines on field: Remove to grade and grind stump

3.1.6. Pathway across from Building 13: Remove large fallen White Pine and grind stump

3.1.7. Damaged Crimson King Maple along roadway in front of Building 13: Prune all snaps hanging and broken branches

3.1.8. Adjacent severely damaged Norway Maple - Remove to grade & grind stump

3.1.9. Snapped Norway Maple adjacent to curb - Remove to grade & grind stump

3.1.10. Uprooted Linden Tree on hillside adjacent to building - Remove to stump

3.2. Job 2: Hill adjacent to Urgent Care:

3.2.1. Severely damaged Horse Chestnut and Linden Tree - Remove to grade and grind to stump

3.3. Job 3: Building 18:

3.3.1. Large damaged Mulberry trunk and debris – Remove and grind to stump

3.4. Job 4: Building 88:

3.4.1. Multi-stem damaged Maple - remove to grade and grind to stump

3.4.2. Remaining sections of damaged Maples adjacent to fence - remove to grade

3.5. Job 5: Flagpole Area:

3.5.1. Severely damaged Maple - remove to grade and grind stump

3.5.2. Uprooted and fallen trees in field - Remove to wood line

3.6. Job 6: Building 17 Parking Lot:

3.6.1. Remove all storm damaged, fallen, uprooted and hanging trees and branches along the fence line and parking lot; cut trees to grade

3.7. Job 7: Gazebo Area:

3.7.1. Storm damaged Bradford Pear – Perform hazard reduction pruning to remove damaged and weakened branches

3.8. Job 8: Building 7:

3.8.1. Severely damaged Hickory adjacent to parking lot and remove to grade & grind stump

3.8.2. Large split Sugar Maple in lawn area opposite building: Remove to grade & grind stump

3.8.3. Split Norway Maple adjacent to roadway in front of building: Remove to grade & grind to stump

3.8.4. Three severely damaged Norway Maple trees located in front of building adjacent to roadway: Remove to grade & grind to stump

3.8.5. Pin Oak located at right side of Building 7: Prune snaps and hanging branches

3.9. Job 9: Building 45:

3.9.1. Severely damaged Norway Maple in front of building: Remove to grade & grind stump

3.9.2. Damaged Pin Oak located at right side of building: Remove snaps and hangers

3.10. Job 10: Areas Behind Building 4, 45 and 46:

3.10.1. Severely damaged Honey Locust: Remove to grade & grind stump

3.10.2. Damaged Spruce: Prune top

3.10.3. Lawn Area: Remove all uprooted, split, fallen and severely damaged trees

3.10.4. Fence Line Area: Remove all fallen, severely damaged and uprooted trees and prune remaining broken and hanging branches along neighboring properties

3.10.5. Damaged Norway Maple located behind Building 44: Prune broken and hanging branches

3.11. Job 11: Sewer Plant:

3.11.1. Damaged and uprooted trees adjacent to entrance: Remove to wood line

3.11.2. Uprooted Ash on fence and trailer: Remove to grade

3.11.3. Severely damaged Ailanthus Tree adjacent to fence and trailer: Remove to grade

3.11.4. Fallen Ailanthus on rotation mechanism: Remove to fence line

3.12. Job 12: Tree Planting

3.12.1. Tree Replanting Installation of 20" trees 4-5"diameter trunks 15-18' in height. Various species of Oak, Maple and Pine – four per species, for a total of 12 trees. Location and selection to be decided by the VA

3.12.2. One-year replacement warranty on installed trees

B.4 PRICE/COST SCHEDULE

ITEM INFORMATION

ITEM

NUMBER

DESCRIPTION OF

SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0001 1.00 JB __________________ __________________

Job 1: Building 13

Contract Period: Base

POP Begin:

POP End:

0001AA 1.00 JB __________________ __________________

Uprooted Elm located in field adjacent to Parking Lot: Remove to stump

Contract Period: Base

0001AB 1.00 JB __________________ __________________

Damaged Gingko Tree in Field: Remove all damaged and hanging branches

Contract Period: Base

0001AC 1.00 JB __________________ __________________

Severely damaged Mulberry in field - Remove to grade and grind stump

Contract Period: Base

0001AD 1.00 JB __________________ __________________

Two damaged Elm Trees in field: Remove the smaller tree and prune back all snapped broken and hanging branches on the larger tree and grind stump

Contract Period: Base

0001AE 1.00 JB __________________ __________________

Grouping of 4 severely damaged White Pines on field: Remove to grade and grind stump

Contract Period: Base

0001AF 1.00 JB __________________ __________________

Pathway across from Building 13: Remove large fallen White Pine and grind stump

Contract Period: Base

0001AG 1.00 JB __________________ __________________

Damaged Crimson King Maple along roadway in front of Building 13: Prune all snaps hanging and broken branches

Contract Period: Base

0001AH 1.00 JB __________________ __________________

Adjacent severely damaged Norway Maple - Remove to grade & grind stump

Contract Period: Base

0001AJ 1.00 JB __________________ __________________

Snapped Norway Maple adjacent to curb - Remove to grade & grind stump

Contract Period: Base

0001AK 1.00 JB __________________ __________________

Uprooted Linden Tree on hillside adjacent to building - Remove to stump

Contract Period: Base

0002 1.00 JB __________________ __________________

Job 2: Hill adjacent to Urgent Care:

Contract Period: Base

0002AA 1.00 JB __________________ __________________

Severely damaged Horse Chestnut and Linden Tree - Remove to grade and grind to stump

Contract Period: Base

0003 1.00 JB __________________ __________________

Job 3: Building 18:

Contract Period: Base

0003AA 1.00 JB __________________ __________________

Large damaged Mulberry trunk and debris – Remove and grind to stump

Contract Period: Base

0004 1.00 JB __________________ __________________

Job 4: Building 88:

Contract Period: Base

0004AA 1.00 JB __________________ __________________

Multi-stem damaged Maple - remove to grade and grind to stump

Contract Period: Base

0004AB 1.00 JB __________________ __________________

Remaining sections of damaged Maples adjacent to fence - remove to grade

Contract Period: Base

0005 1.00 JB __________________ __________________

Job 5: Flagpole Area:

Contract Period: Base

0005AA 1.00 JB __________________ __________________

Severely damaged Maple - remove to grade and grind stump

Contract Period: Base

0005AB 1.00 JB __________________ __________________

Uprooted and fallen trees in field - Remove to wood line

Contract Period: Base

0006 1.00 JB __________________ __________________

Job 6: Building 17 Parking Lot:

Contract Period: Base

0006AA 1.00 JB __________________ __________________

Remove all storm damaged, fallen, uprooted and hanging trees and branches along the fence line and parking lot; cut trees to grade

Contract Period: Base

0007 1.00 JB __________________ __________________

Job 7: Gazebo Area:

Contract Period: Base

0007AA 1.00 JB __________________ __________________

Storm damaged Bradford Pear – Perform hazard reduction pruning to remove damaged and weakened branches

Contract Period: Base

0008 1.00 JB __________________ __________________

Job 8: Building 7:

Contract Period: Base

0008AA 1.00 JB __________________ __________________

Severely damaged Hickory adjacent to parking lot and remove to grade & grind stump

Contract Period: Base

0008AB 1.00 JB __________________ __________________

Large split Sugar Maple in lawn area opposite building: Remove to grade & grind stump

Contract Period: Base

0008AC 1.00 JB __________________ __________________

Split Norway Maple adjacent to roadway in front of building: Remove to grade & grind to stump

Contract Period: Base

0008AD 1.00 JB __________________ __________________

Three severely damaged Norway Maple trees located in front of building adjacent to roadway: Remove to grade & grind to stump

Contract Period: Base

0008AE 1.00 JB __________________ __________________

Pin Oak located at right side of Building 7: Prune snaps and hanging branches

Contract Period: Base

0009 1.00 JB __________________ __________________

Job 9: Building 45:

Contract Period: Base

0009AA 1.00 JB __________________ __________________

Severely damaged Norway Maple in front of building: Remove to grade & grind stump

Contract Period: Base

0009AB 1.00 JB __________________ __________________

Damaged Pin Oak located at right side of building: Remove snaps and hangers

Contract Period: Base

0010 1.00 JB __________________ __________________

Job 10: Areas Behind Building 4, 45 and 46:

Contract Period: Base

0010AA 1.00 JB __________________ __________________

Severely damaged Honey Locust: Remove to grade & grind stump

Contract Period: Base

0010AB 1.00 JB __________________ __________________

Damaged Spruce: Prune top

Contract Period: Base

0010AC 1.00 JB __________________ __________________

Lawn Area: Remove all uprooted, split, fallen and severely damaged trees

Contract Period: Base

0010AD 1.00 JB __________________ __________________

Fence Line Area: Remove all fallen, severely damaged and uprooted trees and prune remaining broken and hanging branches along neighboring properties

Contract Period: Base

0010AE 1.00 JB __________________ __________________

Damaged Norway Maple located behind Building 44: Prune broken and hanging branches

Contract Period: Base

0011 1.00 JB __________________ __________________

Job 11: Sewer Plant:

Contract Period: Base

0011AA 1.00 JB __________________ __________________

Damaged and uprooted trees adjacent to entrance: Remove to wood line

Contract Period: Base

0011AB 1.00 JB __________________ __________________

Uprooted Ash on fence and trailer: Remove to grade

Contract Period: Base

0011AC 1.00 JB __________________ __________________

Severely damaged Ailanthus Tree adjacent to fence and trailer: Remove to grade

Contract Period: Base

0011AD 1.00 JB __________________ __________________

Fallen Ailanthus on rotation mechanism: Remove to fence line

Contract Period: Base

0012 1.00 JB __________________ __________________

Job 12: Tree Planting

Contract Period: Base

POP Begin:

POP End:

Tree Replanting Installation of 20" trees 4-5"diameter trunks 15-18' in height.

Various species of Oak, Maple and Pine – four per species, for a total of 12 trees.

Location and selection to be decided by the VA. One-year replacement warranty on installed trees.

GRAND TOTAL __________________

B.5 DELIVERY SCHEDULE

ITEM NUMBER QUANTITY

DELIVERY

DATE

0001 SHIP TO: Department of Veterans Affairs

VA Hudson Valley Healthcare System

Route 9D

Castle Point, NY 12511 0100

USA

1.00

0002 SHIP TO: Department of Veterans Affairs

VA Hudson Valley Healthcare System

Route 9D

0003 SHIP TO: Department of Veterans Affairs

VA Hudson Valley Healthcare System

Route 9D

0004 SHIP TO: Department of Veterans Affairs

VA Hudson Valley Healthcare System

Route 9D

0005 SHIP TO: Department of Veterans Affairs

VA Hudson Valley Healthcare System

Route 9D

0006 SHIP TO: Department of Veterans Affairs

VA Hudson Valley Healthcare System

Route 9D

0007 SHIP TO: Department of Veterans Affairs

VA Hudson Valley Healthcare System

Route 9D

Castle Point, NY 12511 0100

0008 SHIP TO: Department of Veterans Affairs

VA Hudson Valley Healthcare System

Route 9D

0009 SHIP TO: Department of Veterans Affairs

VA Hudson Valley Healthcare System

Route 9D

0010 SHIP TO: Department of Veterans Affairs

VA Hudson Valley Healthcare System

Route 9D

0011 SHIP TO: Department of Veterans Affairs

VA Hudson Valley Healthcare System

Route 9D

0012 SHIP TO: Department of Veterans Affairs

VA Hudson Valley Healthcare System

Route 9D

SECTION C - CONTRACT CLAUSES

C.1 52.212-4 CONTRACT TERMS AND CONDITIONS—COMMERCIAL ITEMS (JAN

2017)

(a) Inspection/Acceptance. The Contractor shall only tender for acceptance those items that conform to the requirements of this contract. The Government reserves the right to inspect or test any supplies or services that have been tendered for acceptance. The Government may require repair or replacement of nonconforming supplies or reperformance of nonconforming services at no increase in contract price. If repair/replacement or reperformance will not correct the defects or is not possible, the Government may seek an equitable price reduction or adequate consideration for acceptance of nonconforming supplies or services. The Government must exercise its post-acceptance rights—

(1) Within a reasonable time after the defect was discovered or should have been discovered; and

(2) Before any substantial change occurs in the condition of the item, unless the change is due to the defect in the item.

(b) Assignment. The Contractor or its assignee may assign its rights to receive payment due as a result of performance of this contract to a bank, trust company, or other financing institution, including any Federal lending agency in accordance with the Assignment of Claims Act (31 U.S.C. 3727). However, when a third party makes payment (e.g., use of the

Governmentwide commercial purchase card), the Contractor may not assign its rights to receive payment under this contract.

(c) Changes. Changes in the terms and conditions of this contract may be made only by written agreement of the parties.

(d) Disputes. This contract is subject to 41 U.S.C. chapter 71, Contract Disputes. Failure of the parties to this contract to reach agreement on any request for equitable adjustment, claim, appeal or action arising under or relating to this contract shall be a dispute to be resolved in accordance with the clause at FAR 52.233-1, Disputes, which is incorporated herein by reference. The Contractor shall proceed diligently with performance of this contract, pending final resolution of any dispute arising under the contract.

(e) Definitions. The clause at FAR 52.202-1, Definitions, is incorporated herein by reference.

(f) Excusable delays. The Contractor shall be liable for default unless nonperformance is caused by an occurrence beyond the reasonable control of the Contractor and without its fault or negligence such as, acts of God or the public enemy, acts of the Government in either its sovereign or contractual capacity, fires, floods, epidemics, quarantine restrictions, strikes, unusually severe weather, and delays of common carriers. The Contractor shall notify the Contracting

Officer in writing as soon as it is reasonably possible after the commencement of any excusable delay, setting forth the full particulars in connection therewith, shall remedy such occurrence with all reasonable dispatch, and shall promptly give written notice to the Contracting Officer of the cessation of such occurrence.

(g) Invoice.

(1) The Contractor shall submit an original invoice and three copies (or electronic invoice, if authorized) to the address designated in the contract to receive invoices. An invoice must include—

(i) Name and address of the Contractor;

(ii) Invoice date and number;

(iii) Contract number, line item number and, if applicable, the order number;

(iv) Description, quantity, unit of measure, unit price and extended price of the items delivered;

(v) Shipping number and date of shipment, including the bill of lading number and weight of shipment if shipped on

Government bill of lading;

(vi) Terms of any discount for prompt payment offered;

(vii) Name and address of official to whom payment is to be sent;

(viii) Name, title, and phone number of person to notify in event of defective invoice; and

(ix) Taxpayer Identification Number (TIN). The Contractor shall include its TIN on the invoice only if required elsewhere in this contract.

(x) Electronic funds transfer (EFT) banking information.

(A) The Contractor shall include EFT banking information on the invoice only if required elsewhere in this contract.

(B) If EFT banking information is not required to be on the invoice, in order for the invoice to be a proper invoice, the Contractor shall have submitted correct EFT banking information in accordance with the applicable solicitation provision, contract clause (e.g., 52.232-33, Payment by Electronic Funds Transfer—System for Award Management, or

52.232-34, Payment by Electronic Funds Transfer—Other Than System for Award Management), or applicable agency procedures.

(C) EFT banking information is not required if the Government waived the requirement to pay by EFT.

(2) Invoices will be handled in accordance with the Prompt Payment Act (31 U.S.C. 3903) and Office of Management and Budget (OMB) prompt payment regulations at 5 CFR part 1315.

(h) Patent indemnity. The Contractor shall indemnify the Government and its officers, employees and agents against liability, including costs, for actual or alleged direct or contributory infringement of, or inducement to infringe, any United

States or foreign patent, trademark or copyright, arising out of the performance of this contract, provided the Contractor is reasonably notified of such claims and proceedings.

(i) Payment.—

(1) Items accepted. Payment shall be made for items accepted by the Government that have been delivered to the delivery destinations set forth in this contract.

(2) Prompt payment. The Government will make payment in accordance with the Prompt Payment Act (31 U.S.C.

3903) and prompt payment regulations at 5 CFR part 1315.

(3) Electronic Funds Transfer (EFT). If the Government makes payment by EFT, see 52.212-5(b) for the appropriate

EFT clause.

(4) Discount. In connection with any discount offered for early payment, time shall be computed from the date of the invoice. For the purpose of computing the discount earned, payment shall be considered to have been made on the date which appears on the payment check or the specified payment date if an electronic funds transfer payment is made.

(5) Overpayments. If the Contractor becomes aware of a duplicate contract financing or invoice payment or that the

Government has otherwise overpaid on a contract financing or invoice payment, the Contractor shall—

(i) Remit the overpayment amount to the payment office cited in the contract along with a description of the overpayment including the—

(A) Circumstances of the overpayment (e.g., duplicate payment, erroneous payment, liquidation errors, date(s) of overpayment);

(B) Affected contract number and delivery order number, if applicable;

(C) Affected line item or subline item, if applicable; and

(D) Contractor point of contact.

(ii) Provide a copy of the remittance and supporting documentation to the Contracting Officer.

(6) Interest.

(i) All amounts that become payable by the Contractor to the Government under this contract shall bear simple interest from the date due until paid unless paid within 30 days of becoming due. The interest rate shall be the interest rate established by the Secretary of the Treasury as provided in 41 U.S.C. 7109, which is applicable to the period in which the amount becomes due, as provided in (i)(6)(v) of this clause, and then at the rate applicable for each six-month period as fixed by the Secretary until the amount is paid.

(ii) The Government may issue a demand for payment to the Contractor upon finding a debt is due under the contract.

(iii) Final decisions. The Contracting Officer will issue a final decision as required by 33.211 if—

(A) The Contracting Officer and the Contractor are unable to reach agreement on the existence or amount of a debt within 30 days;

(B) The Contractor fails to liquidate a debt previously demanded by the Contracting Officer within the timeline specified in the demand for payment unless the amounts were not repaid because the Contractor has requested an installment payment agreement; or

(C) The Contractor requests a deferment of collection on a debt previously demanded by the Contracting Officer (see

32.607-2).

(iv) If a demand for payment was previously issued for the debt, the demand for payment included in the final decision shall identify the same due date as the original demand for payment.

(v) Amounts shall be due at the earliest of the following dates:

(A) The date fixed under this contract.

(B) The date of the first written demand for payment, including any demand for payment resulting from a default termination.

(vi) The interest charge shall be computed for the actual number of calendar days involved beginning on the due date and ending on—

(A) The date on which the designated office receives payment from the Contractor;

(B) The date of issuance of a Government check to the Contractor from which an amount otherwise payable has been withheld as a credit against the contract debt; or

(C) The date on which an amount withheld and applied to the contract debt would otherwise have become payable to the Contractor.

(vii) The interest charge made under this clause may be reduced under the procedures prescribed in 32.608-2 of the

Federal Acquisition Regulation in effect on the date of this contract.

(j) Risk of loss. Unless the contract specifically provides otherwise, risk of loss or damage to the supplies provided under this contract shall remain with the Contractor until, and shall pass to the Government upon:

(1) Delivery of the supplies to a carrier, if transportation is f.o.b. origin; or

(2) Delivery of the supplies to the Government at the destination specified in the contract, if transportation is f.o.b.

destination.

(k) Taxes. The contract price includes all applicable Federal, State, and local taxes and duties.

(l) Termination for the Government's convenience. The Government reserves the right to terminate this contract, or any part hereof, for its sole convenience. In the event of such termination, the Contractor shall immediately stop all work hereunder and shall immediately cause any and all of its suppliers and subcontractors to cease work. Subject to the terms of this contract, the Contractor shall be paid a percentage of the contract price reflecting the percentage of the work performed prior to the notice of termination, plus reasonable charges the Contractor can demonstrate to the satisfaction of the Government using its standard record keeping system, have resulted from the termination. The Contractor shall not be required to comply with the cost accounting standards or contract cost principles for this purpose. This paragraph does not give the Government any right to audit the Contractor's records. The Contractor shall not be paid for any work performed or costs incurred which reasonably could have been avoided.

(m) Termination for cause. The Government may terminate this contract, or any part hereof, for cause in the event of any default by the Contractor, or if the Contractor fails to comply with any contract terms and conditions, or fails to provide the Government, upon request, with adequate assurances of future performance. In the event of termination for cause, the

Government shall not be liable to the Contractor for any amount for supplies or services not accepted, and the Contractor shall be liable to the Government for any and all rights and remedies provided by law. If it is determined that the

Government improperly terminated this contract for default, such termination shall be deemed a termination for convenience.

(n) Title. Unless specified elsewhere in this contract, title to items furnished under this contract shall pass to the

Government upon acceptance, regardless of when or where the Government takes physical possession.

(o) Warranty. The Contractor warrants and implies that the items delivered hereunder are merchantable and fit for use for the particular purpose described in this contract.

(p) Limitation of liability. Except as otherwise provided by an express warranty, the Contractor will not be liable to the

Government for consequential damages resulting from any defect or deficiencies in accepted items.

(q) Other compliances. The Contractor shall comply with all applicable Federal, State and local laws, executive orders, rules and regulations applicable to its performance under this contract.

(r) Compliance with laws unique to Government contracts. The Contractor agrees to comply with 31 U.S.C. 1352 relating to limitations on the use of appropriated funds to influence certain Federal contracts; 18 U.S.C. 431 relating to officials not to benefit; 40 U.S.C. chapter 37, Contract Work Hours and Safety Standards; 41 U.S.C. chapter 87, Kickbacks; 41 U.S.C. 4712 and 10 U.S.C. 2409 relating to whistleblower protections; 49 U.S.C. 40118, Fly American;

and 41 U.S.C. chapter 21 relating to procurement integrity.

(s) Order of precedence. Any inconsistencies in this solicitation or contract shall be resolved by giving precedence in the following order:

(1) The schedule of supplies/services.

(2) The Assignments, Disputes, Payments, Invoice, Other Compliances, Compliance with Laws Unique to Government

Contracts, and Unauthorized Obligations paragraphs of this clause;

(3) The clause at 52.212-5.

(4) Addenda to this solicitation or contract, including any license agreements for computer software.

(5) Solicitation provisions if this is a solicitation.

(6) Other paragraphs of this clause.

(7) The Standard Form 1449.

(8) Other documents, exhibits, and attachments

(9) The specification.

(t) System for Award Management (SAM).

(1) Unless exempted by an addendum to this contract, the Contractor is responsible during performance and through final payment of any contract for the accuracy and completeness of the data within the SAM database, and for any liability resulting from the Government's reliance on inaccurate or incomplete data. To remain registered in the SAM database after the initial registration, the Contractor is required to review and update on an annual basis from the date of initial registration or subsequent updates its information in the SAM database to ensure it is current, accurate and complete.

Updating information in the SAM does not alter the terms and conditions of this contract and is not a substitute for a properly executed contractual document.

(2)(i) If a Contractor has legally changed its business name, "doing business as" name, or division name (whichever is shown on the contract), or has transferred the assets used in performing the contract, but has not completed the necessary requirements regarding novation and change-of-name agreements in FAR subpart 42.12, the Contractor shall provide the responsible Contracting Officer a minimum of one business day's written notification of its intention to (A) change the name in the SAM database; (B) comply with the requirements of subpart 42.12; and (C) agree in writing to the timeline and procedures specified by the responsible Contracting Officer. The Contractor must provide with the notification sufficient documentation to support the legally changed name.

(ii) If the Contractor fails to comply with the requirements of paragraph (t)(2)(i) of this clause, or fails to perform the agreement at paragraph (t)(2)(i)(C) 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.

(3) The Contractor shall not change the 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 Subpart 32.8, Assignment of Claims).

Assignees shall be separately registered in the SAM database. 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 considered to be incorrect information within the meaning of the "Suspension of payment" paragraph of the EFT clause of this contract.

(4) Offerors and Contractors may obtain information on registration and annual confirmation requirements via SAM accessed through https://www.acquisition.gov.

(u) Unauthorized Obligations.

https://www.acquisition.gov/

(1) Except as stated in paragraph (u)(2) of this clause, when any supply or service acquired under this contract is subject to any End User License Agreement (EULA), Terms of Service (TOS), or similar legal instrument or agreement, that includes any clause requiring the Government to indemnify the Contractor or any person or entity for damages, costs, fees, or any other loss or liability that would create an Anti-Deficiency Act violation (31 U.S.C. 1341), the following shall govern:

(i) Any such clause is unenforceable against the Government.

(ii) Neither the Government nor any Government authorized end user shall be deemed to have agreed to such clause by virtue of it appearing in the EULA, TOS, or similar legal instrument or agreement. If the EULA, TOS, or similar legal instrument or agreement is invoked through an “I agree” click box or other comparable mechanism (e.g., “click-wrap” or

“browse-wrap” agreements), execution does not bind the Government or any Government authorized end user to such clause.

(iii) Any such clause is deemed to be stricken from the EULA, TOS, or similar legal instrument or agreement.

(2) Paragraph (u)(1) of this clause does not apply to indemnification by the Government that is expressly authorized by statute and specifically authorized under applicable agency regulations and procedures.

(v) Incorporation by reference. The Contractor’s representations and certifications, including those completed electronically via the System for Award Management (SAM), are incorporated by reference into the contract.

(End of Clause)

ADDENDUM to FAR 52.212-4 CONTRACT TERMS AND CONDITIONS—COMMERCIAL ITEMS

Clauses that are incorporated by reference (by Citation Number, Title, and Date), have the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available.

The following clauses are incorporated into 52.212-4 as an addendum to this contract:

FAR

Number

Title Date

52.228-5 INSURANCE—WORK ON A GOVERNMENT

INSTALLATION

JAN 1997

C.2 SUPPLEMENTAL INSURANCE REQUIREMENTS

In accordance with FAR 28.307-2 and FAR 52.228-5, the following minimum coverage shall apply to this contract:

(a) Workers' compensation and employer’s liability: Contractors are required to comply with applicable Federal and

State workers' compensation and occupational disease statutes. If occupational diseases are not compensable under those statutes, they shall be covered under the employer's liability section of the insurance policy, except when contract operations are so commingled with a Contractor's commercial operations that it would not be practical to require this coverage. Employer's liability coverage of at least $100,000 is required, except in States with exclusive or monopolistic funds that do not permit workers' compensation to be written by private carriers.

(b) General Liability: $500,000.00 per occurrences.

(c) Automobile liability: $200,000.00 per person; $500,000.00 per occurrence and $20,000.00 property damage.

(d) The successful bidder must present to the Contracting Officer, prior to award, evidence of general liability insurance without any exclusionary clauses for asbestos that would void the general liability coverage.

(End of Clause)

C.3 VAAR 852.203-70 COMMERCIAL ADVERTISING (MAY 2018)

The Contractor shall not make reference in its commercial advertising to Department of Veterans Affairs contracts in a manner that states or implies the Department of Veterans Affairs approves or endorses the Contractor’s products or services or considers the Contractor’s products or services superior to other products or services.

(End of Clause)

C.4 VAAR 852.232-72 ELECTRONIC SUBMISSION OF PAYMENT REQUESTS (NOV 2012)

(a) Definitions. As used in this clause—

(1) Contract financing payment has the meaning given in FAR 32.001.

(2) Designated agency office has the meaning given in 5 CFR 1315.2(m).

(3) Electronic form means an automated system transmitting information electronically according to the

Accepted electronic data transmission methods and formats identified in paragraph (c) of this clause. Facsimile, email, and scanned documents are not acceptable electronic forms for submission of payment requests.

(4) Invoice payment has the meaning given in FAR 32.001.

(5) Payment request means any request for contract financing payment or invoice payment submitted by the contractor under this contract.

(b) Electronic payment requests. Except as provided in paragraph (e) of this clause, the contractor shall submit payment requests in electronic form. Purchases paid with a Government-wide commercial purchase card are considered to be an electronic transaction for purposes of this rule, and therefore no additional electronic invoice submission is required.

(c) Data transmission. A contractor must ensure that the data transmission method and format are through one of the following:

(1) VA’s Electronic Invoice Presentment and Payment System. (See Web site at http://www.fsc.va.gov/einvoice.asp.)

(2) Any system that conforms to the X12 electronic data interchange (EDI) formats established by the Accredited

Standards Center (ASC) and chartered by the American National Standards Institute (ANSI). The X12 EDI Web site

(http://www.x12.org) includes additional information on EDI 810 and 811 formats.

(d) Invoice requirements. Invoices shall comply with FAR 32.905.

(e) Exceptions. If, based on one of the circumstances below, the contracting officer directs that payment requests be made by mail, the contractor shall submit payment requests by mail through the United States Postal Service to the designated agency office. Submission of payment requests by mail may be required for:

(1) Awards made to foreign vendors for work performed outside the United States;

(2) Classified contracts or purchases when electronic submission and processing of payment requests could compromise the safeguarding of classified or privacy information;

(3) Contracts awarded by contracting officers in the conduct of emergency operations, such as responses to national emergencies;

(4) Solicitations or contracts in which the designated agency office is a VA entity other than the VA Financial

Services Center in Austin, Texas; or

(5) Solicitations or contracts in which the VA designated agency office does not have electronic invoicing capability as described above.

(End of Clause)

C.5 VAAR 852.237-70 CONTRACTOR RESPONSIBILITIES (APR 1984)

The contractor shall obtain all necessary licenses and/or permits required to perform this work. He/she shall take all reasonable precautions necessary to protect persons and property from injury or damage during the performance of this contract. He/she shall be responsible for any injury to himself/herself, his/her employees, as well as for any damage to personal or public property that occurs during the performance of this contract that is caused by his/her employees fault or negligence, and shall maintain personal liability and property damage insurance having coverage for a limit as required…