36C24818Q0857-001.pdf

36C24818Q0857

COMBINED SYNOPSIS/SOLICITATION RFQ 36C24818Q0857

General Information

Action Code: Combined Synopsis Solicitation Document Type: RFQ RFQ Number: 36C24818Q0857 Posted Date: 5/30/2018 Response Date: 6/6/2018 by 4:00PM Classification Code: S208 Set Aside: Unrestricted NAICS Code: 561730

Contracting Office Address

NCO 8

ATTN: Steven P. Scharlow 10000 Bay Pines Blvd, Bldg. 2 RM 324 Bay Pines, FL 33744

Description This is a combined synopsis/solicitation for commercial items prepared in accordance with the format in FAR Subpart 12.6 in conjunction with Part 13, as supplemented with additional information included in this notice. This procurement is being conducted under Subpart 13.5 Simplified Procedures for Certain Commercial items. This announcement constitutes the only solicitation for this action. Quotes are being requested, and a written solicitation will not be issued.

This solicitation is issued as a Request for Quote (RFQ). This solicitation document and incorporated provisions and clauses are those in effect through Federal Acquisition Circular (FAC) 2005-97 effective 01-24-2018.

The Network Contracting Office 8-SAO East intends to award a fixed priced contract, providing for all supplies, materials, equipment, labor, supervision, management and transportation, necessary to complete the Pond Cleaning & Aeration Maintenance for Southeast Pond Expansion also known as “Lake Timucuan” in accordance with the below Statement of Work (SOW) and attached Price Schedule. The pond, is located at the intersection of Hoover St. and Bill Young Blvd. on Bay Pines VA Healthcare System's (VAHCS) station at 10000 Bay Pines Blvd., St. Petersburg, FL 33744.

The associated North American Industrial Classification System (NAICS) code for this procurement is 561730 - Landscaping Services, with a small business size standard of $7.5 M.

Prospective offerors shall be a registered in the System for Award Management (SAM) at http://www.sam.gov to be considered for an award of a federal contract, and registration shall be complete and not missing elements such as representations and certifications.

This procurement is solicited as Unrestricted or as Full and Open competition.

SITE VISIT: The site visit will be held on Monday, 6/4/2018, at 09:00AM Eastern at the Bay Pines VA Medical Facility, 10000 Bay Pines Blvd, Bldg. 100, Bay Pines, FL 33744, in the shell parking lot located by Bldg. 12 across from the Motor Pool (see site marked with red X on Map1 below). Vendors are required to contact Donnell Singleton at 727-580-5990 or donnell.singleton@va.gov to sign up for the site visit. Vendors shall meet Donnell Singleton at designated location in the shell parking lot located by Bldg. 12. The site visit is highly encouraged and expected prior to submission of quote.

Map 1

VENDOR QUESTIONS: All questions regarding this RFQ must be in writing and may be sent by e‐ mail to steven.scharlow@va.gov, elena.bass@va.gov, and donnell.singleton@va.gov. Questions must be received no later than Tuesday, 6/5/2018 by 09:00 AM Eastern. No further questions will be accepted after that date and time.

ANSWERS TO VENDOR QUESTIONS: Answers to vendor questions will be posted on FBO no later than Tuesday, 6/5/2018 by 04:00 PM Eastern.

You are reminded that representatives from your company SHALL NOT contact any Bay Pines VA Health Care System staff to discuss this RFQ during this RFQ process. All questions and concerns regarding this RFQ shall be directed to Steven Scharlow, the Contracting Officer.

QUOTE SUBMISSION: Offers are due on/or before Wednesday , 6/6/2018 by 4:00 PM Eastern. Quotes shall be sent by e‐mail “only” to the Contracting Officer (Steven P. Scharlow) at Steven.Scharlow@va.gov. The Government will award a Firm Fixed Priced (FFP) contract resulting

Site Visit mailto:donnell.singleton@va.gov mailto:steven.scharlow@va.gov mailto:elena.bass@va.gov mailto:donnell.singleton@va.gov mailto:Steven.Scharlow@va.gov from this RFQ to the responsible vendor whose quote is the Lowest Price Technically Acceptable (LPTA) offer utilizing the full and open competition method mentioned above. Quotes shall include:

(1) Technical/Management Approach: The Technical/Management Subfactors will be evaluated and rated either Acceptable or Unacceptable. In order for a quotation to be rated overall Technically Acceptable, each of the following subfactors must be rated Acceptable.

a. Subfactor 1: Briefly provide a plan for furnishing all labor, services, and equipment to deliver the services listed in the Statement of Work.

b. Subfactor 2: Provide an Aquatic License for the State of Florida.

(2) Past Performance: Vendors may provide up to 3 references for projects in similar size and scope to include Contract/Project Name, Location, Start/Stop Date, Scope of Project, and Name and Phone Number of Reference.

(3) Price: Vendors shall quote prices for required services listed in the Statement of Work by completing all pricing in attached Price Schedule. The completed Price Schedule must be submitted with the offerors final quote.

Table of Contents

COMBINED SYNOPSIS/SOLICITATION RFQ 36C24818Q0857

General Information Contracting Office Address Description

SITE VISIT

VENDOR QUESTIONS

ANSWERS TO VENDOR QUESTIONS

QUOTE SUBMISSION

SECTION B - CONTINUATION OF COMBINED SYNOPSIS/SOLICITATION RFQ

36C24818Q00732 BLOCKS

B.1 CONTRACT ADMINISTRATION DATA

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

2011)

B.3 PRICE/COST SCHEDULE

ITEM INFORMATION

B.4 DELIVERY SCHEDULE

B.5 STATEMENT OF WORK

SECTION C - CONTRACT CLAUSES

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

2017)

C.2 52.217-8 OPTION TO EXTEND SERVICES (NOV 1999)

C.3 52.217-9 OPTION TO EXTEND THE TERM OF THE CONTRACT (MAR 2000)

C.4 VAAR 852.203-70 COMMERCIAL ADVERTISING (JAN 2008)

C.5 VAAR 852.232-72 ELECTRONIC SUBMISSION OF PAYMENT REQUESTS (NOV

2012)

C.6 VAAR 852.237-70 CONTRACTOR RESPONSIBILITIES (APR 1984)

C.7 52.212-5 CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT

STATUTES OR EXECUTIVE ORDERS—COMMERCIAL ITEMS (JAN 2018)

C.8 52.237-2 PROTECTION OF GOVERNMENT BUILDINGS, EQUIPMENT, AND

VEGETATION (APR 1984)

C.9 52.246-4 INSPECTION OF SERVICES—FIXED-PRICE (AUG 1996)

C.10 52.252-2 CLAUSES INCORPORATED BY REFERENCE (FEB 1998)

C.11 52.233-4 APPLICABLE LAW FOR BREACH OF CONTRACT CLAIM (OCT 2004) ... 32

C.12 52.217-5 EVALUATION OF OPTIONS (JUL 1990)

SECTION D - CONTRACT DOCUMENTS, EXHIBITS, OR ATTACHMENTS

SECTION E - SOLICITATION PROVISIONS

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

E.2 52.212-3 OFFEROR REPRESENTATIONS AND CERTIFICATIONS—COMMERCIAL

ITEMS (NOV 2017)

E.3 52.233-2 SERVICE OF PROTEST (SEP 2006)

E.4 VAAR 852.209-70 ORGANIZATIONAL CONFLICTS OF INTEREST (JAN 2008)

E.5 VAAR 852.270-1 REPRESENTATIVES OF CONTRACTING OFFICERS (JAN 2008) .. 54

E.6 VAAR 852.273-74 AWARD WITHOUT EXCHANGES (JAN 2003)

E.7 52.216-1 TYPE OF CONTRACT (APR 1984)

E.8 13.106-2 EVALUATION OF QUOTATIONS OR OFFERS

36C24818Q0732

SECTION B - CONTINUATION OF COMBINED

SYNOPSIS/SOLICITATION RFQ 36C24818Q00732 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 36C248 Steven P. Scharlow

Department of Veterans Affairs Network Contracting Office 8 (248) Room 315, Bldg. 2 10,000 Bay Pines Blvd Bay Pines FL 33744

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

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

[] 52.232-36, Payment by Third Party

3. INVOICES: Invoices shall be submitted in arrears:

a. Quarterly []

b. Semi-Annually []

c. Other [x] Monthly

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.

Department of Veterans Affairs

FMS-VA-2(101)

Financial Services Center PO Box 149971 Austin TX 78714-9971

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

AMENDMENT NO DATE

B.2 LIMITATIONS ON SUBCONTRACTING-- MONITORING AND

COMPLIANCE (JUN 2011)

This solicitation includes VAAR 852.219-10 VA Notice of Total Service- Disabled Veteran-Owned Small Business Set-Aside. Accordingly, any contract resulting from this solicitation will include this clause. The contractor is advised in performing contract administration functions, the CO may use the services of a support contractor(s) retained by VA to assist in assessing the contractor's compliance with the limitations on subcontracting or percentage of work performance requirements specified in the clause.

To that end, the support contractor(s) may require access to contractor's offices where the contractor's business records or other proprietary data are retained and to review such business records regarding the contractor's compliance with this requirement. All support contractors conducting this review on behalf of VA will be required to sign an “Information Protection and Non-Disclosure and Disclosure of Conflicts of Interest Agreement” to ensure the contractor's business records or other proprietary data reviewed or obtained in the course of assisting the CO in assessing the contractor for compliance are protected to ensure information or data is not improperly disclosed or other impropriety occurs. Furthermore, if VA determines any services the support contractor(s) will perform in assessing compliance are advisory and assistance services as defined in FAR 2.101, Definitions, the support contractor(s) must also enter into an agreement with the contractor to protect proprietary information as required by FAR 9.505-4, obtaining access to proprietary information, paragraph (b). The contractor is required to cooperate fully and make available any records as may be required to enable the CO to assess the contractor's compliance with the limitations on subcontracting or percentage of work performance requirement.

B.3 PRICE/COST SCHEDULE

ITEM INFORMATION

ITEM

NUMBER

DESCRIPTION OF SERVICES Qty UNIT UNIT

PRICE

AMOUNT

0001 Aquatic Services Annual Maintenance Base year POP: 06-15-2018 - 06-14-2019 -Minimum of one (1) monthly inspection (with treatment as required) with one additional inspection during months of May through October (twice monthly).

-Algae & Aquatic Weed Management, Shoreline Grass Management to the Water's Edge, and Debris Removal -Monthly Salinity Testing Included Triploid Grass Carp Stocking & Permitting -Catfish and Bream Re-stocking as deemed necessary by the ecological needs of the waterway

18 Each $

0002 Fountain Cleaning Annual Maintenance Base Year POP: 06-15-2018 - 06-14-2019 -Twenty (20) cleanings for two (2) 3HP TriTier Floating Fountains as required (approximately once every 30 days) with one additional cleaning during months of March through October (twice monthly).

20 Each $

0003 Aeration Annual Maintenance Base year POP: 06-15-2018 - 06-14-2019 -Four (4) Quarterly maintenance visits (approximately once every 90 days) for one Vertex Aeration System.

4 Quarter $

1001 Aquatic Services Annual Maintenance Option year 1: POP: 06-15-2019 - 06-14-2020 -Minimum of one (1) monthly inspection (with treatment as required) with one additional inspection during months of May through October (twice monthly).

-Algae & Aquatic Weed Management, Shoreline Grass Management to the Water's Edge, and Debris Removal -Monthly Salinity Testing Included Triploid Grass Carp Stocking & Permitting -Catfish and Bream Re-stocking as deemed necessary by the ecological needs of the waterway

18 Each $

1002 Fountain Cleaning Annual Maintenance Option year 1 POP: 06-15-2019 - 06-14-2020 -Twenty (20) cleanings for two (2) 3HP TriTier Floating Fountains as required (approximately once every 30 days) with one additional cleaning during months of March through October (twice monthly)

20 Each $

1003 Aeration Annual Maintenance Option year 1 POP: 06-15-2019 - 06-14-2020 -Four (4) Quarterly maintenance visits (approximately once every 90 days) for one Vertex Aeration System.

4 Quarter $

2001 Aquatic Services, Fountain Cleaning & Aeration Maintenance Option year 2 POP: 06-15-2020 - 06-14-2021 -Minimum of one (1) monthly inspection (with treatment as required) with one additional inspection during months of May through October (twice monthly).

-Algae & Aquatic Weed Management, Shoreline Grass Management to the Water's Edge, and Debris Removal -Monthly Salinity Testing Included Triploid Grass Carp Stocking & Permitting -Catfish and Bream Re-stocking as deemed necessary by the ecological needs of the waterway

18 Each $

2002 Fountain Cleaning Annual Maintenance Option year 2 POP: 06-15-2020 - 06-14-2021 -Twenty (20) cleanings for two (2) 3HP TriTier Floating Fountains as required (approximately once every 30 days) with one additional cleaning during months of March through October (twice monthly).

20 Each $

2003 Aeration Annual Maintenance Option year 1 POP: 06-15-2020 - 06-14-2021 -Four (4) Quarterly maintenance visits (approximately once every 90 days) for one Vertex Aeration System.

4 Quarter $

3001 Aquatic Services Annual Maintenance Option year 3 POP: 06-15-2021 - 06-14-2022 -Minimum of one (1) monthly inspection (with treatment as required) with one additional inspection during months of May through October (twice monthly).

-Algae & Aquatic Weed Management, Shoreline Grass Management to the Water's Edge, and Debris Removal -Monthly Salinity Testing Included Triploid Grass Carp Stocking & Permitting -Catfish and Bream Re-stocking as deemed necessary by the ecological needs of the waterway

18 Each $

3002 Fountain Cleaning Annual Maintenance Option year 3 POP: 06-15-2021 - 06-14-2022 -Twenty (20) cleanings for two (2) 3HP TriTier Floating Fountains as required (approximately once every 30 days) with one additional cleaning during months of March through October (twice monthly).

20 Each $

3003 Aeration Annual Maintenance Option year 3 POP: 06-15-2021 - 06-14-2022 -Four (4) Quarterly maintenance visits (approximately once every 90 days) for one Vertex Aeration System.

4 Quarter $

4001 Aquatic Services Annual Maintenance Option year 4 POP: 06-15-2022 - 06-14-2023 -Minimum of one (1) monthly inspection (with treatment as required) with one additional inspection during months of May through October (twice monthly).

-Algae & Aquatic Weed Management, Shoreline Grass Management to the Water's Edge, and Debris Removal -Monthly Salinity Testing Included Triploid Grass Carp Stocking & Permitting -Catfish and Bream Re-stocking as deemed necessary by the ecological needs of the waterway

18 Each $

4002 Fountain Cleaning Annual Maintenance Option year 4 POP: 06-15-2022 - 06-14-2023 -Twenty (20) cleanings for two (2) 3HP TriTier Floating Fountains as required (approximately once every 30 days) with one additional cleaning during months of March through October (twice monthly).

20 Each $

4003 Aeration Annual Maintenance Option year 4 POP: 06-15-2022 - 06-14-2023 -Four (4) Quarterly maintenance visits (approximately once every 90 days) for one Vertex Aeration System.

4 Quarter $

Total:

B.4 DELIVERY SCHEDULE

See Period of Performance (POP) listed in the CLINS.

B.5 STATEMENT OF WORK

Pond and Fountain Maintenance

REQUIREMENTS

The contractor shall provide all supplies, materials, equipment, labor, supervision, management and transportation to perform “all-inclusive” Lake and Fountain Maintenance for Southeast Pond Expansion also known as “Lake Timucuan”; the pond, a Swift Mud Class 4, is located at the intersection of Hoover St. and Bill Young Blvd. on Bay Pines VA Healthcare System's (VAHCS) station at 10000 Bay Pines Blvd., St. Petersburg, FL. This is an all-inclusive maintenance plan that covers all equipment, parts, and services. On September 29, 2006 Southwest Florida Water Management District issued permit number 44020224.003.

The Contractor shall manage this 8.12 Acres, 2,589 total linear foot perimeter, 3-5 foot approximate depth waterway to include weed control, lighting, to certain strength, water testing, stocking of fish and pond skimming. Treatment type is Effluent Filtration.

The maximum drawdown from the horizontal well system is 3.55 feet. The background inflow rate is approximately 1,100 gallons per day (gpd). A mixing zone is not required. A variance is not required.

Environmental Considerations:

No wetlands or other surface waters exist within the project area.

A regulatory conservation easement is not required.

A proprietary conservation easement is not required.

The Contractor shall manage and maintain two (2) 3HP TriTier Floating Fountains and one (1) Vertex Aeration System in accordance with the terms and conditions of this Statement of Work.

This is an all-inclusive maintenance plan that covers all equipment, parts, and services. Contractors may maintain the current floating fountains and aeration system or chose to provide pricing for the installation of brand name or equal systems, as part of their initial quote. If the contractor chooses to replace the current system with a new brand name or equal system after contract award, they will do so at no additional cost to the Government.

The Contractor must have an aquatic license for the state of Florida.

1. GENERAL:

All work is to be performed in accordance with guidelines established by Federal, State and local ordinances and with all terms, conditions, provisions, schedules and specification provided herein.

2. TERMS OF CONTRACT:

This contract is effective one year from date of award plus four (4) one-year options that may be exercised by the V.A. The contract is subject to availability of funds.

3. WORK HOURS:

The services covered by this contract shall be furnished by the Contractor as defined herein. The Contractor will not be required, except in case of emergency, to furnish such services during off-duty hours as described below.

The following terms have the following meanings:

(1) Work hours: Monday through Friday, 8:00 a.m. - 4:30 p.m.

(2) National Holidays: The 10 holidays observed by the Federal Government are listed in Table 1:

Holiday: Date observed:

New Year's Day 1 January Martin Luther King's Birthday Third Monday in January President's Day Third Monday in February Memorial Day Last Monday in May Independence Day 4 July Labor Day First Monday in September Columbus Day Second Monday in October Veterans Day 11 November Thanksgiving Day 4th Thursday in November Christmas Day 25 December

Table 1 And any other day specifically declared by the President of the United States to be a national holiday.

(3) Off-Duty hours: Friday through Monday, 4:30 p.m. - 8:00 a.m. The Contractor must obtain authorization from the Contracting Officer or the COR Designee for any service outside the normal administrative working hours.

4. WEED CONTROL AND ALGAE CONTROL

The primary goal of maintenance is the suppression and elimination of exotic and invasive plant species so that beneficial, native species will flourish. Invasive native species will be controlled in order to maintain an esthetically pleasing and natural look around the lakes. Please note that some vegetation like Water Primrose, Cattails and Brazilian Pepper require many months to decompose.

Unless otherwise noted, it is vendor's responsibility to remove this dead plant material. In addition, please be aware that some plant species are much more difficult to control, sometimes taking several months of treatment. Preserve management involves suppression and elimination of exotic and invasive plant species so that beneficial, native species will flourish. Vegetation is left in place unless otherwise noted. All exotic plants will be treated with EPA approved herbicides.

During the months of October, November, December, January, February and March, weed control to the lake will be performed monthly and during the months of April, May, June, July, August and September weed control will be accomplished twice per month. This will include the maintenance of all existing noxious aquatic weeds growing in the waterways, including the alligator weed along the edge of the entire lake. When performing weed and algae control, the Contractor will spray or use dyeing agents to control and/or to deter unwanted growth in accordance with local /state and federal guidelines. Contractor will be responsible for removal of unwanted weeds which includes gathering up and removing from pond and removing from station. All chemicals used for weed and algae control will be in accordance with all local/state and federal guidelines. The contractor will utilize a pond skimmer device for the removal of floating debris, filamentous algae, duckweed, leaves and dead vegetation. This operation will be conducted a minimum of 8 times a year from March through October and more if needed or determined by the Contracting Officer or the COR Designee. The contractor is responsible for the removal and disposal of waste from the VAHCS property IAW State and local laws at no added expense to the Government.

5. WATER TESTING:

Monthly water testing will be conducted to check the saline level of the lake each time the lake is service and the report made available to the CO and COR, within three business days of the test. The water used for testing will be taken from the PVC piping hooked up to the pumps from the underground well. All readings will be sent to the designated COR; Donnell Singleton. If water restrictions are required after treatment Contractor shall post signs and notify the Bay Pines COR. It will be Bay Pines' responsibility to maintain the posted signs throughout the required period.

6. FOUNTAINS, AERATORS AND IRRIGATION:

Fountains will be cleaned and maintained monthly (approximately every 30 days) and be free of all debris November thru February and by-weekly (approximately every 14 days) March through October. All maintenance shall be in accordance with the owner, service and repair manuals. This includes cleaning of the pump intake screens, scrape, clean and polish the lights, clean all surface of the float and cleaning each part and disassembly of parts (heads, jets & rings), as needed and to clean orifice impediments in accordance with the owner, service and repair manuals. If required, additional fountain cleanings will be completed as separate contract actions or Government credit card purchases by mutual agreement prior to their performance. These actions will be invoiced by time and materials. Bottom aeration will be cleaned quarterly to include any preventative maintenance to assure longevity of the system in accordance with the owner and service manuals. The Contractor, if required, and available to the Contactor, will furnish a loan of the same type of equipment, without additional cost to the Government. Loaned equipment must be equal to or superior to equipment removed from the premises. These maintenance and cleaning procedures must be accomplished according to manufactures specifications.

If bulb replacement is required during our scheduled fountain cleaning, it will be replaced at no cost to the Government.

Should the vendor elect to use the current system the following services are required as described in the below scope of service:

Aeration Maintenance Scope of Service:

A. Compressor Services

• Replace compressor head gasket, piston cups and/or vanes, as needed to maintain required air volume & pressure output.

• Adjust air manifold and pressure relief valves to insure optimal performance.

• Replace external air filter twice per year.

• Replace internal air filters once per year.

• Replace internal air filters once per year.

• Check and adjust compressor, CFM and PSI calibrate pressure relief valve.

B. Cabinet Service

• Inspect and lubricate cooling fan. Remove excessive grass/weed growth from around compressor cabinet(s) to maintain optimal air flow and operating temperatures.

• Application of fire ant bait around cabinet, if necessary.

• Clean cabinet interior.

• Lubricate cabinet hinges and barrel lock.

• Test and reset GFI circuitry.

C. Air Station Diffuser Services

• Flex clean and adjust each Air Station diffuser assembly, for proper air flow and optimal performance.

Floating Fountains Scope of Service:

A. Submersible Pump

• Clean the pump intake screens.

B. Lights & Lenses

• Scrape, clean and polish the lights.

C. The Float

• Clean all surfaces of the float.

D. Display Heads, Jets & Rings

• Clean each part and disassemble the parts, as needed to clean orifice impediments.

7. STOCKING OF LAKE:

Preventive steps will be taken to prevent future algae or weed outbreaks and will include supplying Carp, Catfish, and Brim to help keep the growth in control as deemed necessary by the contractor or the ecological needs of the waterway. These steps will be included in the Management Report. The size and depth of the lake will determine the quantities, size and variety of fish to be stocked. Restocking of the lake will be determined by the attributes of the lake but no less than twice per year. All fees, permits and compliance with Federal and local laws, proper license and certificates will be the responsibility of the Contractor. Vendor shall remove, free of additional charges, fish that are killed due to periodic treatments, natural causes (e.g. algae bloom), or other causes (e.g. pesticide or lawn service poisoning).

8. WATER RESTRICTIONS:

Vendor treatments will rarely be subject to water use restrictions. Bay Pines VAHCS will provide a point of contact (POC) to coordinate all communications between vendor and client. The vendor shall notify the POC if it will become necessary to restrict any water use.

9. MANAGEMENT AND REPORTS AND RECORD KEEPING:

The VA Medical Center shall establish and maintain a record keeping system that will record the hours worked by the Contractor employee(s). Contractor's employee(s) shall report to the COR, or designee, upon arrival.

Monitoring of Contractors time shall be demonstrated through sign-in/sign-out sheets. The Contractor shall be required to sign an attendance log upon reporting to work and departing from work. The COR shall be the VA official responsible for verifying contract compliance. After contract award, any incidents of Contractor noncompliance as evidenced by the monitoring procedures shall be forwarded immediately to the Contracting Officer.

Each month a report will be sent to the COR to reflect what has been accomplished that month to include, at a minimum, the below:

a. Water chemistry testing to include salinity and oxygen levels.

b. Weed control and what methods and chemicals were used.

c. Algae control and what methods and chemicals were used.

d. Shoreline grass control around perimeter of lake and what methods were used.

e. Status of fountains and aeration system to include replacement of parts.

10. PERSONNEL POLICY:

The Contractor shall be responsible for protecting the personnel furnishing services under this contract.

To carry out this responsibility, the Contractor shall provide the following for these personnel:

- General liability

- Workers compensation

- Professional liability insurance

- Health examinations

- Income tax withholding, and

- Social security payments.

11. QUALIFICATIONS:

Personnel assigned by the Contractor to perform the services covered by this contract shall be licensed in a State, Territory, or Commonwealth of the United States or the District of Columbia. All licenses held by the personnel working on this contract shall be full and unrestricted licenses to include aquatic license. The qualifications of such personnel shall also be subject to review by the VA Chief of Staff and approval by the VA Facility Director. Each person assigned to work under this contract shall be fully qualified to perform the requested services. "Fully Qualified" is based upon training and or experience in the field. The Contractor shall provide written assurance of competency of their personnel and a list of credentials of approved individuals upon request by the Contracting Officer. The Contracting Officer and/or the COR specifically reserve the right to reject any of the Contractor's personnel and refuse them permission to work on VAMC premises. The Contracting Officer must approve any subcontractor(s) if subcontractors are used. The Contractor shall submit any proposed change in subcontractor(s) to the Contracting Officer for approval/disapproval.

12. UNSCHEDULED SERVICE:

Vendor shall respond to any concerns (complaints) within three business days, weather permitting. Emergency service between preventative maintenance services will be performed at no additional charge to the Government. The Contractor shall provide an emergency telephone number for this service.

Contractor shall maintain the following insurance coverage's: Workman's Compensation (statutory limits), General Liability, Property Damage, Products and Completed Operations Liability and Automobile Liability.

13. JURISDICTION & COLLECTION:

The jurisdiction of Pinellas County, the State of Florida and its laws shall govern this agreement and business relationship.

14. IDENTIFICATION, PARKING, SMOKING AND VA REGULATIONS:

The Contractor's employees shall wear visible identification at all times while on the premises of the VAHCS. It is the responsibility of the Contractor to park in appropriate areas. Information on parking is available from the VA Police Section. The VAHCS will not invalidate or make reimbursement for parking violations of the Contractor under any conditions. Smoking is prohibited except for in designated smoking areas on the hospital campus. Possession of weapons is prohibited.

Enclosed containers shall be subject to search. Violations of the VA regulations may result in citation answerable in the United States (Federal) District Court, not a local district, state or municipal court.

SECTION C - CONTRACT CLAUSES

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

ITEMS (JAN 2017)

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

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

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

(b) Assignment. The Contractor or its assignee may assign its rights to receive payment due as a result of performance of this contract to a bank, trust company, or other financing institution, including any Federal lending agency in accordance with the Assignment of Claims Act (31 U.S.C. 3727). However, when a third party makes payment (e.g., use of the Governmentwide commercial purchase card), the Contractor may not assign its rights to receive payment under this contract.

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

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

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

(f) Excusable delays. The Contractor shall be liable for default unless nonperformance is caused by an occurrence beyond the reasonable control of the Contractor and without its fault or negligence such as, acts of God or the public enemy, acts of the Government in either its sovereign or contractual capacity, fires, floods, epidemics, quarantine restrictions, strikes, unusually severe weather, and delays of common carriers. The Contractor shall notify the Contracting Officer in writing as soon as it is reasonably possible after the commencement of any excusable delay, setting forth the full particulars in connection therewith, shall remedy such occurrence with all reasonable dispatch, and shall promptly give written notice to the Contracting Officer of the cessation of such occurrence.

(g) Invoice.

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

(i) Name and address of the Contractor;

(ii) Invoice date and number;

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

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

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

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

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

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

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

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

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

(B) If EFT banking information is not required to be on the invoice, in order for the invoice to be a proper invoice, the Contractor shall have submitted correct EFT banking information in accordance with the applicable solicitation provision, contract clause (e.g., 52.232-33, Payment by Electronic Funds Transfer—System for Award Management, or 52.232-34, Payment by Electronic Funds Transfer—Other Than System for Award Management), or applicable agency procedures.

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

EFT.

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

(h) Patent indemnity. The Contractor shall indemnify the Government and its officers, employees and agents against liability, including costs, for actual or alleged direct or contributory infringement of, or inducement to infringe, any United States or foreign patent, trademark or copyright, arising out of the performance of this contract, provided the Contractor is reasonably notified of such claims and proceedings.

(i) Payment.—

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

(2) Prompt payment. The Government will make payment in accordance with the Prompt Payment Act (31 U.S.C. 3903) and prompt payment regulations at 5 CFR part 1315.

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

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

(5) Overpayments. If the Contractor becomes aware of a duplicate contract financing or invoice payment or that the Government has otherwise overpaid on a contract financing or invoice payment, the Contractor shall—

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

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

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

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

(D) Contractor point of contact.

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

(6) Interest.

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

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

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

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

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

(C) The Contractor requests a deferment of collection on a debt previously demanded by the Contracting Officer (see 32.607-2).

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

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

(A) The date fixed under this contract.

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

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

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

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

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

(vii) The interest charge made under this clause may be reduced under the procedures prescribed in 32.608-2 of the Federal Acquisition Regulation in effect on the date of this contract.

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

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

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

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

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

(m) Termination for cause. The Government may terminate this contract, or any part hereof, for cause in the event of any default by the Contractor, or if the Contractor fails to comply with any contract terms and conditions, or fails to provide the Government, upon request, with adequate assurances of future performance. In the event of termination for cause, the Government shall not be liable to the Contractor for any amount for supplies or services not accepted, and the Contractor shall be liable to the Government for any and all rights and remedies provided by law. If it is determined that the Government improperly terminated this contract for default, such termination shall be deemed a termination for convenience.

(n) Title. Unless specified elsewhere in this contract, title to items furnished under this contract shall pass to the Government upon acceptance, regardless of when or where the Government takes physical possession.

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

(p) Limitation of liability. Except as otherwise provided by an express warranty, the Contractor will not be liable to the Government for consequential damages resulting from any defect or deficiencies in accepted items.

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

(r) Compliance with laws unique to Government contracts. The Contractor agrees to comply with 31 U.S.C. 1352 relating to limitations on the use of appropriated funds to influence certain Federal contracts;

18 U.S.C. 431 relating to officials not to benefit; 40 U.S.C. chapter 37, Contract Work Hours and Safety Standards; 41 U.S.C. chapter 87, Kickbacks; 41 U.S.C. 4712 and 10 U.S.C. 2409 relating to whistleblower protections; 49 U.S.C. 40118, Fly American; and 41 U.S.C. chapter 21 relating to procurement integrity.

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

(1) The schedule of supplies/services.

(2) The Assignments, Disputes, Payments, Invoice, Other Compliances, Compliance with Laws Unique to Government Contracts, and Unauthorized Obligations paragraphs of this clause;

(3) The clause at 52.212-5.

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

(5) Solicitation provisions if this is a solicitation.

(6) Other paragraphs of this clause.

(7) The Standard Form 1449.

(8) Other documents, exhibits, and attachments

(9) The specification.

(t) System for Award Management (SAM).

(1) Unless exempted by an addendum to this contract, the Contractor is responsible during performance and through final payment of any contract for the accuracy and completeness of the data within the SAM database, and for any liability resulting from the Government's reliance on inaccurate or incomplete data.

To remain registered in the SAM database after the initial registration, the Contractor is required to review and update on an annual basis from the date of initial registration or subsequent updates its information in the SAM database to ensure it is current, accurate and complete. Updating information in the SAM does not alter the terms and conditions of this contract and is not a substitute for a properly executed contractual document.

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

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

(3) The Contractor shall not change the name or address for EFT payments or manual payments, as appropriate, in the SAM record to reflect an assignee for the purpose of assignment of claims (see Subpart 32.8, Assignment of Claims). Assignees shall be separately registered in the SAM database. Information provided to the Contractor's SAM record that indicates payments, including those made by EFT, to an ultimate recipient other than that Contractor will be considered to be incorrect information within the meaning of the "Suspension of payment" paragraph of the EFT clause of this contract.

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

(u) Unauthorized Obligations.

(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.

https://www.acquisition.gov/

(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 52.217-8 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 14 days prior to contract expiration.

(End of Clause)

C.3 52.217-9 OPTION TO EXTEND THE TERM OF THE CONTRACT (MAR

2000)

(a) The Government may extend the term of this contract by written notice to the Contractor within the current period of performance; provided that the Government gives the Contractor a preliminary written notice of its intent to extend at least 7 days before the contract expires. The preliminary notice does not commit the Government to an extension.

(b) If the Government exercises this option, the extended contract shall be considered to include this option clause.

(c) The total duration of this contract, including the exercise of any options under this clause, shall not exceed .

(End of Clause)

C.4 VAAR 852.203-70 COMMERCIAL ADVERTISING (JAN 2008)

The bidder or offeror agrees that if a contract is awarded to him/her, as a result of this solicitation, he/she will not advertise the award of the contract in his/her commercial advertising in such a manner as to state or imply that the Department of Veterans Affairs endorses a product, project or commercial line of endeavor.

(End of Clause)

C.5 VAAR 852.232-72 ELECTRONIC SUBMISSION OF PAYMENT REQUESTS

(NOV 2012)

(a) Definitions. As used in this clause—

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

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

(3) Electronic form means an automated system transmitting…