36C24220Q1185_1.docx

36C24220Q0930

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 ATTA

CHED

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. SIGNAT

URE 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

36C24220Q1185 09-03-2020

SPIVACK, MICHAEL

585-297-1460 X22458 09-10-2020 12:00 Department of Veterans Affairs Network Contracting Office (NCO) 2 2875 Union Road Suite 3500 Cheektowaga NY 14227 X X 561730 $8 Million N/A X Department of Veterans Affairs NYH VA Healthcare System Brooklyn VA Medical Campus 800 Poly Pl Brooklyn NY 11209 Department of Veterans Affairs Network Contracting Office (NCO) 2 2875 Union Road Suite 3500 Cheektowaga NY 14227

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

See CONTINUATION Page This solicitation is for an Indefinite Delivery/ Indefinite Quantity requirement for year-round grounds maintenance and landscaping services to be provided to the campuses of the New York Harbor Healthcare System located at: Brooklyn VA Medical Campus - 800 Poly Pl, Brooklyn, NY 11209, Manhattan VA Medical Campus - 23 E 23rd St, New York, NY 1001

0, and the St. Albans Community Living Center - 17900 Linden Blvd, Jamaica, NY, 11425. The period of performance shall be from 10/01/2020 through 09/30/2021 to include two option years. These services shall include lawn maintenance services, pl anting bed maintenance services, tree and shrub maintenance services and snow removal services.

For detailed requirements see attahced Performance Work Statement.

For information on the manatory walkthrough see section E.2

FAR

provision 52.212-2.Commercial Items -Evaluations.

$0.00 See CONTINUATION Page X X X

SPIVACK, MICHAEL

Contracting Officer Table of Contents

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 Department of Veterans Affairs Network Contracting Office (NCO) 2 2875 Union Road Suite 3500 Cheektowaga NY 14227

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

3. INVOICES: Invoices shall be submitted in arrears:

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:

B.2 PRICE/COST SCHEDULE

ITEM INFORMATION

Grounds Maintenance Services for Brooklyn VA Medical Campus Contract Period: Base POP Begin: 10-01-2020 POP End: 09-30-2021

Grounds Maintenance Services for St Albans Community Living Center

Grounds Maintenance Services for Manhattan VA Medical Campus

Scheduled Tree Maintenance Services for Brooklyn VA Medical Campus

Scheduled Tree Maintenance Services for St Albans Community Living Center

Scheduled Tree Maintenance Services for Manhattan VA Medical Campus

Unscheduled removal of dead or dying trees up to 12" calipher diameter

Unscheduled removal of dead or dying trees between 12" and 24" calipher diameter

Unscheduled removal of dead or dying trees over 24" calipher diameter

Unscheduled branch removal services

Unscheduled stump removal services

Snow Removal services for Brooklyn VA Medical Campus

Snow Removal services for St Albans Community Living Center

Snow Removal services for Manhattan VA Medical Campus

Grounds Maintenance Services for Brooklyn VA Medical Campus Contract Period: Option 1 POP Begin: 10-01-2021 POP End: 09-30-2022

Grounds Maintenance Services for St Albans Community Living Center

Grounds Maintenance Services for Manhattan VA Medical Campus

Scheduled Tree Maintenance Services for Brooklyn VA Medical Campus

Scheduled Tree Maintenance Services for St Albans Community Living Center

Scheduled Tree Maintenance Services for Manhattan VA Medical Campus

Unscheduled removal of dead or dying trees up to 12" calipher diameter

Unscheduled removal of dead or dying trees between 12" and 24" calipher diameter

Unscheduled removal of dead or dying trees over 24" calipher diameter

Unscheduled branch removal services

Unscheduled stump removal services

Snow Removal services for Brooklyn VA Medical Campus

Snow Removal services for St Albans Community Living Center

Snow Removal services for Manhattan VA Medical Campus

Grounds Maintenance Services for Brooklyn VA Medical Campus Contract Period: Option 2 POP Begin: 10-01-2022 POP End: 09-30-2023

Grounds Maintenance Services for St Albans Community Living Center

Grounds Maintenance Services for Manhattan VA Medical Campus

Scheduled Tree Maintenance Services for Brooklyn VA Medical Campus

Scheduled Tree Maintenance Services for St Albans Community Living Center

Scheduled Tree Maintenance Services for Manhattan VA Medical Campus

Unscheduled removal of dead or dying trees up to 12" calipher diameter

Unscheduled removal of dead or dying trees between 12" and 24" calipher diameter

Unscheduled removal of dead or dying trees over 24" calipher diameter

Unscheduled branch removal services

Unscheduled stump removal services

Snow Removal services for Brooklyn VA Medical Campus

Snow Removal services for St Albans Community Living Center

Snow Removal services for Manhattan VA Medical Campus

B.3 PERORMANCE WORK STATEMENT (PWS)

A) This Indefinite Delivery/ Indefinite Quantity requirement is for year-round grounds maintenance and landscaping services to be provided to the campuses of the New York Harbor Healthcare System located at: Brooklyn VA Medical Campus - 800 Poly Pl, Brooklyn, NY 11209, Manhattan VA Medical Campus - 23 E 23rd St, New York, NY 10010, and the St. Albans Community Living Center - 17900 Linden Blvd, Jamaica, NY, 11425. The period of performance shall be from 10/01/2020 through 09/30/2021 to include two option years. These services shall include lawn maintenance services, planting bed maintenance services, tree and shrub maintenance services and snow removal services.

B.3.1 SECURITY

A) Contractor and Subcontractor personnel working on New York Harbor Healthcare System’s facilities shall consent to background checks or shall be denied access to the NYHHCS VA facilities. Information required to conduct a background check includes full name, driver’s license number and/or social security number, date of birth, and completion of a background check questionnaire.

a. Background check questionnaire shall be included with the solicitation and contractors shall included completed forms for all onsite supervisors with their quote. The designated onsite supervisors shall be responsible and sign in employees during the first month of this contract. The contractor shall submit to the VA completed background check questionnaires for all employees providing services at these three facilities within one month of award.

B) Contractors shall ensure their employees and those of their Subcontractors have the proper credentials allowing them to work in the United States. The Contractor shall not be entitled to any compensation for delay or expenses associated with this requirement and are not excused from proceeding with the Contract.

C) Department of Veterans Affairs regulations always requires Contractor employees to have VA issued Identification Badge and display it while at VA facilities. ID badges shall be issued by VA security office under its rules for issuance. Contractor personnel shall present a neat appearance and be easily recognized as a Contractor employee by wearing distinctive clothing bearing the name of the company and VA issued ID badge. When an employee leaves the Contractor’s employment, or the Contract is terminated, the employee’s badge shall be returned to Contracting Officer’s Representative (COR) within 3 working days.

D) Contractor shall be responsible for safeguarding all government equipment, information and property provided for contractor use. At the close of each work period, government facilities, equipment, and materials shall be secured.

E) Contractor shall establish and implement methods of making sure all keys/key cards issued to the Contractor by the Government are not lost or misplaced and are not used by unauthorized persons. NOTE: All references to keys include key cards. No keys issued to the Contractor by the Government shall be duplicated. The Contractor shall develop procedures covering key control that shall be included in the Quality Control Plan. Such procedures shall include turn-in of any issued keys by personnel who no longer require access to locked areas. The Contractor shall immediately report any occurrences of lost or duplicate keys/key cards to the Contracting Officer (CO) and COR.

F) In the event keys, other than master keys, are lost or duplicated, the Contractor may be held financially responsible for the re-keying of impacted locks. When the replacement of locks or re-keying is performed by the Government, the total cost of re-keying or the replacement of the lock or locks shall be deducted from the monthly payment due the Contractor. In the event a master key is lost or duplicated, all locks and keys for that system shall be replaced by the Government and the total cost deducted from the monthly payment due the Contractor.

G) The Contractor shall prohibit the use of Government issued keys/key cards by any persons other than the Contractor’s employees. The Contractor shall prohibit the opening of locked areas by Contractor employees to permit entrance of persons other than Contractor employees engaged in the performance of assigned work in those areas, or personnel authorized entrance by the Contracting Officer.

B.3.2 GROUNDS MAINTENANCE AND LANDSCAPING

B.3.2.1 GENERAL

A) Provide all labor, equipment, supervision, tools, and all materials necessary to provide maintenance, care and housekeeping of all exterior landscaped areas to include a turf management program to be performed between April 1st and November 30th of each calendar year as defined in the A.3.2GROUNDS MAINTENANCE AND LANDSCAPING of this Performance Work Statement. The approximate acreage of locations to be serviced under this agreement are as follows:

1. Brooklyn VA Medical Campus – 19 acres

2. St. Albans Community Living Center – 32 acres

3. Manhattan VA Medical Campus – ¾ acre

B) All work shall be performed outside regular business hours, which shall defined as hours of 8:00 AM to 4:30pm, Monday thru Friday excluding Federal Holidays (defined as: New Year's Day, Birthday of Martin Luther King, Jr., Washington's Birthday, Memorial Day, Independence Day, Labor Day, Columbus Day, Veterans Day, Thanksgiving Day and Christmas Day). The contractor shall not schedule services on Federal Holidays.

C) Upon arrival to perform any grounds maintenance and landscaping services, the Contractor shall report to the following Point of Contact (POC) for each of the facilities:

1. Brooklyn VA Medical Campus: Upon arrival contractor personnel shall contact the Engineering Help Line at 718-836-6600 Ext. 3000

2. St. Albans Community Living Center: Upon arrival contractor personnel shall contact the Engineering Help Line at 718-526-1000 Ext. 2215

3. Manhattan VA Medical Campus - Upon arrival contractor personnel shall call the Supervisory General Engineer C:347-322-8620 PH: 212-686-7500 Ext: 7288

D) The Contractor, without additional expense to the Government, shall obtain all licenses, permits, and insurance required to perform the work in this Contract E) The Contractor shall be responsible for all cleanup due to performance of this contract. The Contractor shall be accountable for all cleanup costs and restoration costs required to repair damaged locations to their original condition due to damage of VA property through neglect or accident as a result of contractor employee actions.

F) Upon completion of tasks describer under section A.3.2 GROUNDS MAINTENANCE AND LANDSCAPING the contractor shall provide a copy of service report to the Contracting Officer’s Representative (COR). Service reports shall be signed by both the contractor and COR at completion of work. An electronic version of same shall be sent to the COR. Service reports shall include tasks completed to include areas worked on, number of workers involved and hours worked.

B.3.2.2 GROUNDS MAINTENANCE

A) All grass on the facility shall be mowed at a height of one (1) to four (4) inches depending on the type of grass. Mowing shall be done between April 1st and November 30th. All enclosed areas with grass shall be mowed and maintained.

1. For Brooklyn VA Medical Campus cuttings shall occur every two weeks

2. For St. Albans Community Living Center cuttings shall occur weekly

3. For Manhattan VA Medical Campus cuttings shall occur weekly

B) Grass and weeds shall be trimmed around trees, shrubs, buildings, fences, poles, posts, fire hydrants, parking lot bumper blocks, boulders, and other fixed obstacles. Trimming height shall match surrounding area grass heights. All areas shall be trimmed concurrent with mowing. Damage to trees, shrubs, and or any government property due to trimming shall be repaired by the contractor. If a plant should die or become unhealthy due to damage, the contractor will be responsible for replacing the damaged plant with a plant of same size and type. Plant replacement shall occur within 15 days of noticed damage.

C) Sidewalks, driveways, curbs, and other concrete or asphalt edges border lawn areas shall be edged mechanically by blade (7 times per season approximately once per month) and managed as needed to present a neat and manicured appearance.

D) Contractor shall perform general litter patrol and cleaning in all areas to includes all Pits. Responsibilities shall include, but not be limited to, the removal and disposal of all-natural debris, (tree limbs, dry brush, rodent habitats, dead animals, etc.).

1. For Brooklyn VA Medical Campus clean ups shall occur every two weeks

2. For St. Albans Community Living Center clean ups shall occur weekly

3. For Manhattan VA Medical Campus clean ups shall occur twice a week

E) Maintenance of fallen leaves and debris during the months of October and November shall be provided on a weekly basis or more often if needed to maintain a clean, neat appearance. The contractor shall remove leaves from lawns, parking areas, Pits and primary focal points.

F) A general spring clean-up shall be provided to remove leaves and debris accumulated over the winter months from lawns and beds. This includes the removal of sand and cinders from lawn areas that may have accumulated over the winter. The removal and disposal of all debris generated during the spring and fall clean-up shall be legally disposed of off-site.

B.3.3 TREE MAINTENANCE

B.3.3.1 GENERAL

A) Provide all labor, equipment, supervision, tools, and all materials necessary to provide tree maintenance services to include: trimming and thinning services including removal of dead trees and stump grinding. Tree maintenance services shall be provided as defined in the A.3.3 TREE MAINTENANCE of this Performance Work Statement. The approximate acreage of locations to be serviced under this agreement are as follows:

1. Brooklyn VA Medical Campus – 19 acres

2. St. Albans Community Living Center – 32 acres

3. Manhattan VA Medical Campus – ¾ acre

B) All work shall be performed outside regular business hours, which shall defined as hours of 8:00 AM to 4:30pm, Monday thru Friday excluding Federal Holidays (defined as: New Year's Day, Birthday of Martin Luther King, Jr., Washington's Birthday, Memorial Day, Independence Day, Labor Day, Columbus Day, Veterans Day, Thanksgiving Day and Christmas Day). The contractor shall not schedule services on Federal Holidays.

C) All work performed under section A.3.1.2 TREE MAINTENANCE shall be done in accordance with ANSI Z133 2017 The American National Standard for Arboricultural Operations - Safety Requirements and ANSI A300 Standards - Tree Care Industry Association.

D) Upon arrival to perform any grounds maintenance and landscaping services, the Contractor shall report to the following Point of Contact (POC) for each of the facilities:

1. Brooklyn VA Medical Campus: Upon arrival contractor personnel shall contact the Engineering Help Line at 718-836-6600 Ext. 3000

2. St. Albans Community Living Center: Upon arrival contractor personnel shall contact the Engineering Help Line at 718-526-1000 Ext. 2215

3. Manhattan VA Medical Campus - Upon arrival contractor personnel shall call the Supervisory General Engineer C:347-322-8620 PH: 212-686-7500 Ext: 7288

E) Upon completion of tasks describer under section A.3.3 TREE MAINTENANCE the contractor shall provide a copy of service report to the COR. Service reports shall be signed by both the contractor and COR at completion of work. An electronic version of same shall be sent to the COR. Service reports shall include tasks completed to include areas worked on, number of workers involved and hours worked.

B.3.3.2 CONTRACTOR QUALIFICATIONS

A) The contractor shall be registered with either the NY Arborists Association or the International Society of Aboriculture. Proof of registration shall be provided to the COR before work can commence

B) An individual that has completed the OSHA 30hr Safety Training Certification a shall be on site when any work under section A.3.3 TREE MAINTENANCE is performed. OSHA 30hr Safety Training Certification certificates. It is recommended but not required that all personnel performing work under section A.3.3 TREE MAINTENANCE have completed the OSHA 10hr Safety training course.

B.3.3.3 SCHEDULED SERVICES

A) Small Trees up to 5” Caliper or up to 12’in height shall be spot pruned once per season in the spring employing the standards of stated in ANSI A300 Standards - Tree Care Industry Association to remove dead or damaged branches and to develop the natural form of the plant and its intent in the landscape.

1. Minimum safety clearance for trees and shrubs is 14 feet over streets, 12 feet over driveways, 8 feet over walk areas, and 4 feet from buildings.

2. Topping and de-horning shall not be permitted. Trimming/pruning of trees around utility poles/power lines is the responsibility of the contractor.

B) Hedges shall be pruned once a season in the spring to maintain their natural mature height and shape.

C) Broadleaf evergreens and flowers beds shall be pruned and maintained twice a month to maintaining clearances of minimum of 3 inches from buildings, sidewalks, or other obstructions and to keep them in healthy and presentable condition.

1. For Brooklyn VA Medical Campus these services shall occur twice a month

2. For St. Albans Community Living Center these services shall twice a month

3. For Manhattan VA Medical Campus these services shall occur once a month D) A general spring clean-up shall be provided in coordination with the with coordination with the COR to removal of dead or dying branches, or branches that present a hazard to buildings and personnel

E) The vendor shall only remove branches that are ½ inch in caliper diameter or larger.

F) All wooden debris from tree maintenance services shall be removed off the grounds for proper disposal at the end of each work day. The Contractor shall assume all responsibility for compliance with all Federal, State, and Municipal Laws, rules, and regulations governing the handling, transportation, and disposal of vegetative waste. Before commencing work the Contractor shall furnish copies of all required licenses and permits. In addition, evidence shall be submitted that all receiving sites possess the required permits and licenses to accept waste from the Contractor.

G) The Contractor shall be responsible for all cleanup due to performance of this contract. The Contractor shall be accountable for all cleanup costs and restoration costs required due to damage of VA property through neglect or accident as a result of contractor employee actions.

B.3.3.4 UNSCHEDULED SERVICES

A) The contractor shall be available upon request of the COR to provide unscheduled tree maintenance services to include:

1. Removal of dead or dying trees

2. Removal of dead or dying branches, or branches that present a hazard to buildings and personnel

3. Stump removal or grinding (include adding soil, grade and seed stump location)

4. Removal or trimming of trees felled or damaged by storms

B) All wooden debris from tree maintenance services shall be removed off the grounds for proper disposal at the end of each work day. The Contractor shall assume all responsibility for compliance with all Federal, State, and Municipal Laws, rules, and regulations governing the handling, transportation, and disposal of vegetative waste. Before commencing work the Contractor shall furnish copies of all required licenses and permits. In addition, evidence shall be submitted that all receiving sites possess the required permits and licenses to accept waste from the Contractor.

B.3.4 SNOW AND ICE REMOVAL SERVICES

B.3.4.1 GENERAL

A) Provide all labor, equipment, supervision, tools, salt, calcium and all materials necessary to remove snow and ice from to provide clear access at all times to the locations listed below at each location of the VA NY Harbor Healthcare between October 1st and April 30th of each calendar year as defined in the A.3.4 SNOW AND ICE REMOVAL of this Performance Work Statement.

1. Brooklyn VA Medical Campus and St. Albans Community Living Center - all sidewalks, stairs, ramps, entrances (ambulance entrance area, morgue entrance, main entrance, back entrance, dietetics loading dock and main loading dock) and parking lots.

2. Manhattan VA Medical Campus - all sidewalks, entrances and parking lots

B) Resources to be provided for services under this section include snowplow trucks for roads and parking lots, individuals to shovel, spread calcium chloride and operate snow blowers for walkways, and loaders and dump trucks to attend to or remove snow piles generated by snow removal activities.

C) Contractor shall maintain snow- plow on site, provide stockpile of minimum ten (10) tons of salt (calcium chloride) on each site for use at Brooklyn VAMC and St Alban’s Community Living Center, and five tons of salt (calcium chloride) on site for use at Manhattan VAMC. Dispatch two (2) snowplows with qualified driver / operator to arrive at the facilities within one (1) hour of the call from the COR. In the event additional snowplows are needed, contractor shall dispatch two (2) additional snowplows with qualified driver / Operator to arrive at the facility within two (2) hours of request by COR with necessary supply and equipment.

D) Contractor shall maintain all grounds free from snow and ice with calcium chloride treatment.

E) Snow shall be stockpiled at facility’s designated areas only. If snow there is insufficient room to stockpile snow at the facility’s designated areas, contractor shall be responsible for its removal off site and disposal according to New York City sanitation regulations, or the contractor to use snow melt equipment

F) Contractor shall be responsible to continually monitor weather and advise facility COR of any upcoming weather events. In addition, contractor shall prepare the facility for any weather evens such as snow or icing by salting and having all required personnel on standby to respond immediately upon event start.

G) Upon arrival to perform any grounds maintenance and landscaping services, the Contractor shall report to the following Point of Contact (POC) for each of the facilities:

1. Brooklyn VA Medical Campus: Upon arrival contractor personnel shall call 718-836-6600 Ext. 3000

2. St. Albans Community Living Center: Upon arrival contractor personnel shall call 718-526-1000 Ext. 2215

3. Manhattan VA Medical Campus - Upon arrival contractor personnel shall call the Supervisory General Engineer C:347-322-8620 PH: 212-686-7500 Ext: 7288

H) Upon completion of tasks describer under section A.3.4 SNOW AND ICE REMOVAL the contractor shall provide a copy of service report to the COR. Service reports shall be signed by both the contractor and COR at completion of work. An electronic version of same shall be sent to the COR. Service reports shall include tasks completed to include areas worked on, number of workers involved and hours worked.

I) If the contractor fails to furnish snow / ice removal service after receiving a request or any order, the Government reserves the right to obtain the service from another source and back charge the contractor with any excess cost (including administrative costs) which may result from the storm.

B.3.4.2 VEHICLE AND OPERATOR REQUIREMENTS

A) Vehicles used for snow and ice removal services shall properly registered to operate in New York State.

B) Snowplow vehicles shall have a minimum Gross Vehicle Weight (G.V.W.) of 20,000 lbs

C) The G.V.W. shall be defined as the total weight of the vehicle on its tires as it rests or rolls on the road, including chassis, cab, body, equipment, oil, water, fuel, the driver and the maximum payload and/or ballast. Each truck shall have appropriate ballast to plow the varying amounts of snow. TRUCKS FOUND TO BE WITHOUT BALLAST AND INCAPABLE OF PUSHING A FULL BLADE OF HEAVY SNOW WILL BE AUTOMATICALLY TAKEN OFF PAYABLE TIME AND RELEASED.

D) The Contractor shall be responsible for fuel, ballast, chains, repairs, insurance, safety lighting and all other items necessary for operations. All equipment must be refueled with a minimum loss of operating time. The Contractor shall receive no compensation for those hours during which the truck or equipment fails to operate due to mechanical trouble or lack of proper ballast.

E) All trucks providing snow plowing/removal services shall be equipped with amber safety lights and shall be of the strobe, LED, or rotating type. The truck shall be equipped with the amber safety lights mounted to be visible from 360 degrees or a minimum of two safety lights, one mounted on the back of the truck and one in the front. The safety lights are required in addition to the vehicle’s normal hazard lights and must be visible from the rear of the truck. Also, reflective conspicuity markings shall be placed on the rear and sides of the vehicle in conformance with New Jersey and Federal Motor Vehicle Regulations and Safety Standards

F) All vehicle operators shall possess a Commercial Driver’s License Class B with air brake endorsement. The Contractor shall submit copies of all snowplow operators to the COR for approval before they are allowed to operate a snowplow on VA property.

36C24220Q0930

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SECTION C - CONTRACT CLAUSES

C.1 52.212-4 CONTRACT TERMS AND CONDITIONS—COMMERCIAL ITEMS (OCT 2018)

(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) [Reserved]

(u) Unauthorized Obligations.

(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:

C.2 52.216-18 ORDERING (OCT 1995)

(a) Any supplies and services to be furnished under this contract shall be ordered by issuance of delivery orders or task orders by the individuals or activities designated in the Schedule. Such orders may be issued from 10/01/2020 through 09/30/2021.

(b) All delivery orders or task orders are subject to the terms and conditions of this contract. In the event of conflict between a delivery order or task order and this contract, the contract shall control.

(c) If mailed, a delivery order or task order is considered "issued" when the Government deposits the order in the mail. Orders may be issued orally, by facsimile, or by electronic commerce methods only if authorized in the Schedule.

(End of Clause)

C.3 52.216-19 ORDER LIMITATIONS (OCT 1995)

(a) Minimum order. When the Government requires supplies or services covered by this contract in an amount of less than $100.00, the Government is not obligated to purchase, nor is the Contractor obligated to furnish, those supplies or services under the contract.

(b) Maximum order. The Contractor is not obligated to honor—

(1) Any order for a single item in excess of 500000;

(2) Any order for a combination of items in excess of 1000000; or

(3) A series of orders from the same ordering office within 30 days that together call for quantities exceeding the limitation in paragraph (b)(1) or (2) of this section.

(c) If this is a requirements contract (i.e., includes the Requirements clause at subsection 52.216-21 of the Federal Acquisition Regulation (FAR)), the Government is not required to order a part of any one requirement from the Contractor if that requirement exceeds the maximum-order limitations in paragraph (b) of this section.

(d) Notwithstanding paragraphs (b) and (c) of this section, the Contractor shall honor any order exceeding the maximum order limitations in paragraph (b), unless that order (or orders) is returned to the ordering office within 5 days after issuance, with written notice stating the Contractor's intent not to ship the item (or items) called for and the reasons. Upon receiving this notice, the Government may acquire the supplies or services from another source.

(End of Clause)

C.4 52.216-22 INDEFINITE QUANTITY (OCT 1995)

(a) This is an indefinite-quantity contract for the supplies or services specified, and effective for the period stated, in the Schedule.