36C24522R0006.docx

36C24522R0006

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

688-22-1-459-0005 36C24522R0006 11-29-2021

AMY WALTER,

Amy.Walter1@va.gov

Email only 12-13-2021

2:00 PM

EST

90C Department of Veterans Affairs

BALTIMORE VAMC

ATTN:

AMY.WALTER1@VA.GOV

10 N Greene St Baltimore MD 21201 X X Y 561730 $8 Million N/A X 90C Department of Veterans Affairs VAMC(688) Warehouse

50 IRVING STREET NW

WASHINGTON DC 20422

90C Department of Veterans Affairs

BALTIMORE VAMC

10 N Greene St Baltimore MD 21201

PAYMENT WILL BE MADE BY

FSC e-Invoice Payment Invoice must be submitted electronically http://www.fsc.va.gov/einvoice.asp

Invoice Setup Information 1-877-489-6135 See CONTINUATION Page This solicitation shall setup a Fixed Price Indefinite Delivery Indefinite Quantity (IDIQ) instrument that provides Snow / Ice Removal and Tree Maintenance on the grounds of the Washington DC VA Medical Center Campus for 5 years.

ORDERING PERIODS:

FIRST - DECEMBER 15, 2021 TO DECEMBER 14, 2022

SECOND -

DECEMBER 15, 2022 TO DECEMBER 14, 2023

THIRD

- DECEMBER 15, 2023 TO DECEMBER 14, 2024

FO

UR

TH -

DECEMBER 15, 2024 TO DECEMBER 14, 2025

F

IFTH

- DECEMBER 15, 2025 TO DECEMBER 14, 2026

Obligations will be funded by task orders.

5 Year Ceiling NOT TO EXCEED $1,700,000.

Questions Due by 12/07/2021 9:00 AM EST Proposals Due by 12/13/2021 2:00 PM EST Email Questions and Proposals to Amy.Walter1@va.gov

See CONTINUATION Page X X x

BRADLEY DAVIS

VA-VHA-2020-8952A45B

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 36C245 Bradley.Davis3@va.gov Department of Veterans Affairs

BALTIMORE VAMC

ATTN: AMY.WALTER1@VA.GOV

10 N Greene St Baltimore MD 21201

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.

PAYMENT WILL BE MADE BY

FSC e-Invoice Payment Invoice must be submitted electronically http://www.fsc.va.gov/einvoice.asp Invoice Setup Information 1-877-489-6135 ACKNOWLEDGMENT OF AMENDMENTS: The offeror acknowledges receipt of amendments to the Solicitation numbered and dated as follows:

B.2 PRICE/COST SCHEDULE

ITEM INFORMATION-ESTIMATED QUANTITY FOR BASE TASK ORDER.

SNOW AND/OR ICE REMOVAL JOB

Once the snow and/or ice accumulation is a minimum of 2 inches, the COR will notify the contractor to start the snow and/or ice removal job. The contractor will supply all materials, equipment, and labor to remove / clear. After which, if another snow and/or ice event happens, it will be considered a new event.

Locations, all roads and parking lots and walking areas, to include:

1) Parking lots 1 through 9 and all entries and exits to the facility entrance to Building 1, 6, 14

2) All entries and exits to the facility

3) All sidewalks, steps, and ramps throughout the facility

4) All sidewalks between perimeter fence and outer perimeter of the VA campus Contract Period: FIRST POP Begin: 12-15-2021 POP End: 12-14-2022 PRINCIPAL NAICS CODE: 561730 - Landscaping Services PRODUCT/SERVICE CODE: S208 - Housekeeping - Landscaping/Groundskeeping

Truck the snow away to a location provided by the COR.

Equipment and labor included.

Not to exceed 5 miles from VAMC.

Contract Period: FIRST POP Begin: 12-15-2021 POP End: 12-14-2022

Appling Ice Melt the Medical Center grounds. Martials and Labor included.

Locations, all roads and parking lots and walking areas, to include:

1) Parking lots 1 through 9 and all entries and exits to the facility entrance to Building 1, 6, 14

2) All entries and exits to the facility

3) All sidewalks, steps, and ramps throughout the facility

4) All sidewalks between perimeter fence and outer perimeter of the VA campus Contract Period: FIRST POP Begin: 12-15-2021 POP End: 12-14-2022

50 lbs. bags of salt.

Salt provided by Contractor shall be stored inside the back of Building 6, employee parking lot. Salt shall be provided in bags only.

Contract Period: FIRST POP Begin: 12-15-2021 POP End: 12-14-2022

TOTAL TREE REMOVAL-All labor, equipment included Tree maintenance will be performed on an as needed basis to include:

1) Removal of dead and/or dying trees

2) Stump grinding and/or removal

3) Removal and/or of trees fallen and/or damaged by storms Contract Period: FIRST POP Begin: 12-15-2021 POP End: 12-14-2022

TRIMMING OF TREES/MAINTENANCE-Labor and equipment included.

1) Removal of dead and/or dying branches

2) Removal of branches that present a hazard to buildings and personnel Contract Period: FIRST POP Begin: 12-15-2021 POP End: 12-14-2022

STUMP GRINDING AND REMOVAL-Labor and Equipment Included

1) Grinding and removal of tree roots and trunk Contract Period: FIRST POP Begin: 12-15-2021 POP End: 12-14-2022

SNOW AND/OR ICE REMOVAL JOB

Once the snow and/or ice accumulation is a minimum of 2 inches, the COR will notify the contractor to start the snow and/or ice removal job. The contractor will supply all materials, equipment, and labor to remove / clear. After which, if another snow and/or ice event happens, it will be considered a new event.

Locations, all roads and parking lots and walking areas, to include:

1) Parking lots 1 through 9 and all entries and exits to the facility entrance to Building 1, 6, 14

2) All entries and exits to the facility

3) All sidewalks, steps, and ramps throughout the facility

4) All sidewalks between perimeter fence and outer perimeter of the VA campus Contract Period: SECOND POP Begin: 12-15-2022 POP End: 12-14-2023

Truck the snow away to a location provided by the COR.

Not to exceed 5 miles from VAMC.

Contract Period: SECOND POP Begin: 12-15-2022 POP End: 12-14-2023

Appling Ice Melt the Medical Center grounds. Martials and Labor included.

1) Parking lots 1 through 9 and all entries and exits to the facility entrance to Building 1, 6, 14

2) All entries and exits to the facility

3) All sidewalks, steps, and ramps throughout the facility

4) All sidewalks between perimeter fence and outer perimeter of the VA campus Contract Period: SECOND POP Begin: 12-15-2022 POP End: 12-14-2023

50 lbs. bags of salt.

Salt provided by Contractor shall be stored inside the back of Building 6, employee parking lot. Salt shall be provided in bags only.

Contract Period: SECOND POP Begin: 12-15-2022 POP End: 12-14-2023

TOTAL TREE REMOVAL-All labor, equipment included

1) Removal of dead and/or dying trees

2) Stump grinding and/or removal

3) Removal and/or of trees fallen and/or damaged by storms Contract Period: SECOND POP Begin: 12-15-2022 POP End: 12-14-2023

TRIMMING OF TREES/MAINTENANCE-Labor and equipment included.

2) Removal of branches that present a hazard to buildings and personnel Contract Period: SECOND POP Begin: 12-15-2022 POP End: 12-14-2023

STUMP GRINDING AND REMOVAL-Labor and Equipment Included

Contract Period: SECOND POP Begin: 12-15-2022 POP End: 12-14-2023

SNOW AND/OR ICE REMOVAL JOB

Once the snow and/or ice accumulation is a minimum of 2 inches, the COR will notify the contractor to start the snow and/or ice removal job. The contractor will supply all materials, equipment, and labor to remove / clear. After which, if another snow and/or ice event happens, it will be considered a new event.

Locations, all roads and parking lots and walking areas, to include:

1) Parking lots 1 through 9 and all entries and exits to the facility entrance to Building 1, 6, 14

2) All entries and exits to the facility

3) All sidewalks, steps, and ramps throughout the facility

4) All sidewalks between perimeter fence and outer perimeter of the VA campus Contract Period: THIRD POP Begin: 12-15-2023 POP End: 12-14-2024

Truck the snow away to a location provided by the COR.

Not to exceed 5 miles from VAMC.

Contract Period: THIRD POP Begin: 12-15-2023 POP End: 12-14-2024

Appling Ice Melt the Medical Center grounds. Martials and Labor included.

1) Parking lots 1 through 9 and all entries and exits to the facility entrance to Building 1, 6, 14

2) All entries and exits to the facility

3) All sidewalks, steps, and ramps throughout the facility

4) All sidewalks between perimeter fence and outer perimeter of the VA campus Contract Period: THIRD POP Begin: 12-15-2023 POP End: 12-14-2024

50 lbs. bags of salt.

Salt provided by Contractor shall be stored inside the back of Building 6, employee parking lot. Salt shall be provided in bags only.

Contract Period: THIRD POP Begin: 12-15-2023 POP End: 12-14-2024

TOTAL TREE REMOVAL-All labor, equipment included

1) Removal of dead and/or dying trees

2) Stump grinding and/or removal

3) Removal and/or of trees fallen and/or damaged by storms Contract Period: THIRD POP Begin: 12-15-2023 POP End: 12-14-2024

TRIMMING OF TREES/MAINTENANCE-Labor and equipment included.

2) Removal of branches that present a hazard to buildings and personnel Contract Period: THIRD POP Begin: 12-15-2023 POP End: 12-14-2024

STUMP GRINDING AND REMOVAL-Labor and Equipment Included

Contract Period: THIRD POP Begin: 12-15-2023 POP End: 12-14-2024

SNOW AND/OR ICE REMOVAL JOB

Once the snow and/or ice accumulation is a minimum of 2 inches, the COR will notify the contractor to start the snow and/or ice removal job. The contractor will supply all materials, equipment, and labor to remove / clear. After which, if another snow and/or ice event happens, it will be considered a new event.

Locations, all roads and parking lots and walking areas, to include:

1) Parking lots 1 through 9 and all entries and exits to the facility entrance to Building 1, 6, 14

2) All entries and exits to the facility

3) All sidewalks, steps, and ramps throughout the facility

4) All sidewalks between perimeter fence and outer perimeter of the VA campus Contract Period: FOURTH POP Begin: 12-15-2024 POP End: 12-14-2025

Truck the snow away to a location provided by the COR.

Not to exceed 5 miles from VAMC.

Contract Period: FOURTH POP Begin: 12-15-2024 POP End: 12-14-2025

Appling Ice Melt the Medical Center grounds. Martials and Labor included.

1) Parking lots 1 through 9 and all entries and exits to the facility entrance to Building 1, 6, 14

2) All entries and exits to the facility

3) All sidewalks, steps, and ramps throughout the facility

4) All sidewalks between perimeter fence and outer perimeter of the VA campus Contract Period: FOURTH POP Begin: 12-15-2024 POP End: 12-14-2025

50 lbs. bags of salt.

Salt provided by Contractor shall be stored inside the back of Building 6, employee parking lot. Salt shall be provided in bags only.

Contract Period: FOURTH POP Begin: 12-15-2024 POP End: 12-14-2025

TOTAL TREE REMOVAL-All labor, equipment included

1) Removal of dead and/or dying trees

2) Stump grinding and/or removal

3) Removal and/or of trees fallen and/or damaged by storms Contract Period: FOURTH POP Begin: 12-15-2024 POP End: 12-14-2025

TRIMMING OF TREES/MAINTENANCE-Labor and equipment included.

2) Removal of branches that present a hazard to buildings and personnel Contract Period: FOURTH POP Begin: 12-15-2024 POP End: 12-14-2025

STUMP GRINDING AND REMOVAL-Labor and Equipment Included

Contract Period: FOURTH POP Begin: 12-15-2024 POP End: 12-14-2025

SNOW AND/OR ICE REMOVAL JOB

Once the snow and/or ice accumulation is a minimum of 2 inches, the COR will notify the contractor to start the snow and/or ice removal job. The contractor will supply all materials, equipment, and labor to remove / clear. After which, if another snow and/or ice event happens, it will be considered a new event.

Locations, all roads and parking lots and walking areas, to include:

1) Parking lots 1 through 9 and all entries and exits to the facility entrance to Building 1, 6, 14

2) All entries and exits to the facility

3) All sidewalks, steps, and ramps throughout the facility

4) All sidewalks between perimeter fence and outer perimeter of the VA campus Contract Period: FIFTH POP Begin: 12-15-2025 POP End: 12-14-2026

Truck the snow away to a location provided by the COR.

Not to exceed 5 miles from VAMC.

Contract Period: FIFTH POP Begin: 12-15-2025 POP End: 12-14-2026

Appling Ice Melt the Medical Center grounds. Martials and Labor included.

1) Parking lots 1 through 9 and all entries and exits to the facility entrance to Building 1, 6, 14

2) All entries and exits to the facility

3) All sidewalks, steps, and ramps throughout the facility

4) All sidewalks between perimeter fence and outer perimeter of the VA campus Contract Period: FIFTH POP Begin: 12-15-2025 POP End: 12-14-2026

50 lbs. bags of salt.

Salt provided by Contractor shall be stored inside the back of Building 6, employee parking lot. Salt shall be provided in bags only.

Contract Period: FIFTH POP Begin: 12-15-2025 POP End: 12-14-2026

TOTAL TREE REMOVAL-All labor, equipment included

1) Removal of dead and/or dying trees

2) Stump grinding and/or removal

3) Removal and/or of trees fallen and/or damaged by storms Contract Period: FIFTH POP Begin: 12-15-2025 POP End: 12-14-2026

TRIMMING OF TREES/MAINTENANCE-Labor and equipment included.

2) Removal of branches that present a hazard to buildings and personnel Contract Period: FIFTH POP Begin: 12-15-2025 POP End: 12-14-2026

STUMP GRINDING AND REMOVAL-Labor and Equipment Included

Contract Period: FIFTH POP Begin: 12-15-2025 POP End: 12-14-2026

B.3 STATEMENT OF WORK

SNOW AND ICE REMOVAL

NOTE: CONTRACTOR SHALL NOT TO SHOW UP ON STATION UNTIL CONTACTED BY VAMC DC PESONNEL. CONTRACTOR SHALL SUPPLY THE VA WITH 24 HOUR EMERGENCY PHONE NUMBER.

Scope: Contractor shall provide all labor, personnel, supervision, equipment, tools, salt, calcium, and all materials necessary to remove snow and ice from the streets, parking lots, sidewalks, steps and ramps on an on-call, as-needed basis.

Salt provided by Contractor shall be stored inside the back of Building 6, employee parking lot. Salt shall be provided in bags only. No bulk salt shall be delivered to site.

Frequency: Contractor shall be on-call, as-needed, in the months of October thru April. Invoices shall be submitted no later than (NLT) 30 days after services are performed and will be paid within 30 days, After Receipt of Order (ARO). All services performed will be by the job.

Hours of Work: On-call, as-needed (24 Hours Per Day / 7 Days Per Week), as determined by Contracting Officer Representative (COR).

Reports: Following each visit for snow and/or ice removal services, Contractor shall provide a copy of service report to the COR. Service reports shall be signed by both Contractor and COR at completion of work. An electronic version of the same shall be sent to the COR. Report for snow and ice removal shall include a list of all equipment, materials and manpower used for the event along with hours expended.

PM (Nighttime) Procedures:

Snow fall from zero to two inches shall be removed by in-house personnel and/or Contractor personnel if needed. Snow fall two inches and above shall become part of the Contractor obligation, which activates a snow and/or ice removal job. However, only the COR can activate job commencement. The contractor shall wait for the CORs authorization to start any jobs.

In the event of snow piles being created from plowing become so large that it becomes a hazard to VACHS personnel, patients and visitors, the Contractor shall, at the COR’s request, truck the snow away to a location provided by the COR.

Snow removal shall proceed continuously, and in the order as listed below, to include all roads, parking lots and sidewalks to the satisfaction of the COR, prior to being discontinued.

Locations, all roads and parking lots and walking areas, to include:

1) Parking lots 1 through 9 and all entries and exits to the facility entrance to Building 1, 6, 14

2) All entries and exits to the facility

3) All sidewalks, steps, and ramps throughout the facility

4) All sidewalks between perimeter fence and outer perimeter of the VA campus

SAMPLE Equipment/Supply List:

a) L8000 (or similar) Dump or equivalent

b) Ford F-250 4X4 or similar

c) Truck-mounted V-Box, 1.8-2.1 Cu Yd. Salt Spreaders

d) All other Trucks as needed

e) Front-End Loader

f) Snow blowers/throwers

g) Snow shovels

h) Snow shoveling personnel, plus truck operators

i) Manual walk behind salt spreaders

j) Salt

k) Potassium Chloride (ex. Ice-melt)

l) Sand

m) Bulk-mix

Site Map:

SNOW REMOVAL GUIDELINES

1. Contractor shall provide its own employees, equipment, and supplies necessary to complete the Services described hereunder which include clearing all drive lanes, fire lanes, parking areas, sidewalks adjacent to buildings and public sidewalks.

2. Contractor will comply with all federal, state, and local governmental laws, regulations, codes, and ordinances.

3. Contractor will begin plowing at the Property as soon as the snow or ice reaches a depth of two (2) inches, regardless of the time of day or night or the day of the week.

4. Contractor shall supply and mechanically spread deicing rock salt at Contractor's own discretion. Contractor shall spread calcium chloride on concrete walkways. Calcium chloride will not harm concrete and landscaping.

5. For snowfalls of 2"-6" depth, all snow shall be plowed away from the buildings and pushed to the farthest end of the parking lot. No snow shall be piled up and stacked around light posts, or onto islands or landscaping.

6. For snowfalls of more than 6" depth, all snow shall be plowed away from the buildings. Contractor may windrow snow to each island or light post, upon request; windrows will be removed at no additional cost. Contractor will relocate snow that has accumulated during the Term, if such accumulation begins to impair access to the Property entrance, fire lanes, interior roadways, or designated parking stalls.

7. Contractor shall return during the day to plow vacant parking stalls, if a majority of the parking stalls are still occupied. Contractor shall return the next day before 8 a.m. to plow as many stalls as possible.

8. All fire hydrants must be kept free from snow and easily accessible in case of emergencies.

9. When snow begins to fall with heavy and rapid accumulations, shortly before or during business hours, Contractor will begin plowing the snow from the parking lot, using the fastest method possible. In some cases, this means to push the snow close to the concrete islands or even light posts and it is understood that the snow will be removed from such places upon request. Stacking snow onto island may also be necessary, depending upon snowfall accumulation and time limitations.

10. Contractor shall not create drifts in front of dumpster enclosures, fire lanes, or entrances, on sidewalks or blocking walkways and agrees to remove Contractor-created drifts at no additional cost. If Contractor does not remove the drifts in front of the fire lanes and dumpster enclosures, Contractor agrees to pay any expenses incurred by Government for removal of said drifts.

11. Contractor shall be responsible for damage to the Property caused by snow removal operations including, but not limited to, buildings, curbs, parking blocks, islands, sidewalks, light poles, signs, landscaping, paving, or striping of the Property or equipment used in connection therewith.

GROUNDS MAINTENANCE: TREE MANTENACE AN REMOVAL

COR: Upon arrival to perform service, Contractor shall report to the Grounds and Transportation Foreman.

Scope: Provide all labor, equipment, supervision, supplies, and all other materials necessary to provide maintenance, care, and housekeeping pertaining to tree trimming and removal in the VAMC DC Campus, as defined in preventive maintenance procedures below. Work to include a tree management program.

Frequency: Varied - See PM Procedures below. Invoices billed monthly, from April thru November. Invoices shall be submitted no later than (NLT) 30 days after services are performed and will be paid within 30 days, After Receipt of Order (ARO). All services performed will be by the job.

Hours of Work: All work shall be performed during the hours of 8:00 AM to Sunset, Monday thru Saturday excluding Federal Holidays.

Reports: Contractor shall provide a copy of service report to the COR. Service reports shall be signed by both service provider and COR at completion of work. An electronic version of same shall be sent to the COR. Service reports shall areas worked on and work performed. Service reports shall be signed by both Contractor and COR, at completion of work. An electronic version of same shall be sent to the COR.

Tree maintenance will be performed on an as needed basis to include:

1) Removal of dead or dying trees

2) Removal of dead or dying branches

3) Removal of branches that present a hazard to buildings and personnel

4) Stump grinding and/or removal

5) Removal and/or trimming of trees fallen and/or damaged by storms

INSURANCE REQUIREMENTS

During the term of this Snow Removal Contract, Contractor shall comply with the insurance provisions set forth below. The insurance specified below shall be maintained by Contractor, at its expense, and certificates thereof shall be provided to the Government for this contract.

The insurance is as follows:

a. Workers’ Compensation in accordance with the laws of the state in which the Property is located;

b. Employer’s liability in an amount not less than $1,000,000.00;

c. Comprehensive general liability on an occurrence form for (i) bodily injury and (ii) property damage with limits of at least $1,000,000.00 combined single limit each occurrence, including but not limited to comprehensive form, premises – operation, explosion, collapse, underground hazard, products/completed operations hazard, blanket contractual coverage (including coverage for the indemnity provided under this Agreement), broad form property damage, independent vendors, personal injury (employee exclusion deleted).

d. Comprehensive Automobile Liability, comprehensive form covering owned, hired, and non-owned vehicles with limits of at least $1,000,000.00 combined single limit each occurrence.

e. Excess liability (umbrella) insurance with limits of at least $2,000,000.00.

f. THE CONTRACTOR SHALL HOLD HARMLESS THE DEPARTMENT OF THE VETERANS AFFAIRS.

Page 1 of Page 1 of

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 (AUG 2020)

(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 DECEMBER 15, 2021 through DECEMBER 14, 2026.

(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) A delivery order or task order is considered "issued" when—

(1) If sent by mail (includes transmittal by U.S. mail or private delivery service), the Government deposits the order in the mail;

(2) If sent by fax, the Government transmits the order to the Contractor’s fax number; or

(3) If sent electronically, the Government either—

(i) Posts a copy of the delivery order or task order to a Government document access system, and notice is sent to the Contractor; or

(ii) Distributes the delivery order or task order via email to the Contractor’s email address.

(d) Orders may be issued by methods other than those enumerated in this clause only if authorized in the contract.

(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 2500, 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 100000;

(2) Any order for a combination of items in excess of 250000; or

(3) A series of orders from the same ordering office within 10 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 3 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. The quantities of supplies and services specified in the Schedule are estimates only and are not purchased by this contract.

(b) Delivery or performance shall be made only as authorized by orders issued in accordance with the Ordering clause. The Contractor shall furnish to the Government, when and if ordered, the supplies or services specified in the Schedule up to and including the quantity designated in the Schedule as the "maximum." The Government shall order at least the quantity of supplies or services designated in the Schedule as the "minimum."

(c) Except for any limitations on quantities in the Order Limitations clause or in the Schedule, there is no limit on the number of orders that may be issued. The Government may issue orders requiring delivery to multiple destinations or performance at multiple locations.

(d) Any order issued during the effective period of this contract and not completed within that period shall be completed by the Contractor within the time specified in the order. The contract shall govern the Contractor's and Government's rights and obligations with respect to that order to the same extent as if the order were completed during the contract's effective period; provided, that the Contractor shall not be required to make any deliveries under this contract after DECEMBER 14, 2027.

(End of Clause)

C.5 52.217-8 OPTION TO EXTEND SERVICES (NOV 1999)

The Government may require continued performance of any services within the limits and at the rates specified in the contract. These rates may be adjusted only as a result of revisions to prevailing labor rates provided by the Secretary of Labor. The option provision may be exercised more than once, but the total extension of performance hereunder shall not exceed 6 months. The Contracting Officer may exercise the option by written notice to the Contractor within 30 DAYS.

(End of Clause)

C.6 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 employers 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.7 VAAR 852.212-70 PROVISIONS AND CLAUSES APPLICABLE TO VA ACQUISITION OF COMMERCIAL ITEMS (APR 2020)

(a) The Contractor agrees to comply with any provision or clause that is incorporated herein by reference to implement agency policy applicable to acquisition of commercial items or components. The following provisions and clauses that have been checked by the Contracting Officer are incorporated by reference.

[X] 852.203–70, Commercial Advertising.

[] 852.209–70, Organizational Conflicts of Interest.

[] 852.211–70, Equipment…