36C24819Q1206-003.docx

36C24818Q0732 FedBizOpps Combined Synopsis/Solicitation Notice

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* = Required Field FedBizOpps Combined Synopsis/Solicitation Notice Rev. March 2010 S Copy of Services: Lake and Fountain Maintenance 33744 36C24819Q1206 08-08-2019 N 561730 Department of Veterans Affairs Network Contracting Office 8 (248) Room 315, Bldg. 2 10,000 Bay Pines Blvd Bay Pines FL 33744 Amber Milton amber.milton@va.gov 727-399-3343 C.W. Bill Young VA Medical Center Campus 10,000 Bay Pines Blvd Bay Pines 33744 U.S.

www.va.gov Department of Veterans Affairs amber.milton@va.gov Contracting Officer

COMBINED SYNOPSIS/SOLICITATION RFQ 36C24819Q1206

General Information

Contracting Office Address

NCO 8

ATTN: Amber Milton 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.

For tiered evaluation purposes, to be considered as a Service Disabled Veteran Owned Small Business (SDVOSB) or Veteran Owned Small Business (VOSB), prospective offerors shall be a verified VOSB in the VA Center for Verification and Evaluation (CVE) Veteran Information Pages (VIP) pages https://www.vip.vetbiz.gov/ at the date and time set for receipt of offers.

Set-Aside Requirement: This procurement is set-aside based on an order of priority as established in 38 U.S.C. 8127.

TIERED EVALUATIONS INCLUDING LARGE BUSINESS CONCERNS: This solicitation is being issued as tiered evaluation with the following tiers: (1) SDVOSB concerns, (2) VOSB concerns, (3) small business concerns with HUBZone small business concerns and 8(a) participants having priority; and (4) large business concerns. If award cannot be made, the solicitation will be cancelled and the requirement resolicited.

SITE VISIT: The site visit will be held this Tuesday, 7/30/2019, at 10:AM 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.

Site Visit Map 1

VENDOR QUESTIONS: All questions regarding this RFQ must be in writing and may be sent by e‐mail to amber.milton@va.gov, Questions must be received no later than Friday, 8/02/2019 by 10:00 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, 8/6/2019 by 4:00 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 Amber Milton, the Contracting Officer.

QUOTE SUBMISSION: Offers are due on/or before Thursday, 8/8/2019 by 3:00 PM Eastern. Quotes shall be sent by e‐mail “only” to the Contracting Officer (Amber Milton) at amber.milton@va.gov. The Government will award a Firm Fixed Priced (FFP) contract resulting from this RFQ to the responsible vendor whose offer, utilizing the tiered evaluation procedures listed above, is the best value on a comparative assessment of the following evaluation factors under this RFQ:

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.

COMBINED SYNOPSIS/SOLICITATION RFQ 36C24819Q1206

General Information

Contracting Office Address

NCO 8

ATTN: Amber Milton 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.

For tiered evaluation purposes, to be considered as a Service Disabled Veteran Owned Small Business (SDVOSB) or Veteran Owned Small Business (VOSB), prospective offerors shall be a verified VOSB in the VA Center for Verification and Evaluation (CVE) Veteran Information Pages (VIP) pages https://www.vip.vetbiz.gov/ at the date and time set for receipt of offers.

Set-Aside Requirement: This procurement is set-aside based on an order of priority as established in 38 U.S.C. 8127.

TIERED EVALUATIONS INCLUDING LARGE BUSINESS CONCERNS: This solicitation is being issued as tiered evaluation with the following tiers: (1) SDVOSB concerns, (2) VOSB concerns, (3) small business concerns with HUBZone small business concerns and 8(a) participants having priority; and (4) large business concerns. If award cannot be made, the solicitation will be cancelled and the requirement resolicited.

SITE VISIT: The site visit will be held this Tuesday, 7/30/2019, at 10:AM 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.

Site Visit Map 1

VENDOR QUESTIONS: All questions regarding this RFQ must be in writing and may be sent by e‐mail to amber.milton@va.gov, Questions must be received no later than Friday, 8/02/2019 by 10:00 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, 8/6/2019 by 4:00 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 Amber Milton, the Contracting Officer.

QUOTE SUBMISSION: Offers are due on/or before Thursday, 8/8/2019 by 3:00 PM Eastern. Quotes shall be sent by e‐mail “only” to the Contracting Officer (Amber Milton) at amber.milton@va.gov. The Government will award a Firm Fixed Priced (FFP) contract resulting from this RFQ to the responsible vendor whose offer, utilizing the tiered evaluation procedures listed above, is the best value on a comparative assessment of the following evaluation factors under this RFQ:

Quotes shall include:

(4) 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.

(5) 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.

(6) 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.

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Table of Contents

STATEMENT OF WORK

Pond and Fountain Maintenance

REQUIREMENTS

The contractor shall provide all supplies, materials, equipment, labor, supervision; management and transportation to perform 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. On September 29, 2006 Southwest Florida Water Management District issued permit number 44020224.003.

The Contractor shall manage this 8.12 Acres, 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 two (2) 3HP TriTier Floating Fountains in accordance with the terms and conditions of this Statement of Work.

The Contractor shall manage and maintain one Vertex Aeration System in accordance with the terms and conditions of this Statement of Work.

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:

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 to deter unwanted growth. 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. 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. 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. 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. If bulb or part replacements are required during a scheduled fountain cleaning, Contractor will contact the COR or Designee to obtain permission and provide pricing to replace the part(s) and invoice Bay Pines VAHCS separately. The Contractor will provide loaner equipment for major breakdowns or breakdowns where parts are unavailable due to backorder situations. 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.

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 fake 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 once 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. Fish that are killed due to natural causes (e.g. algae bloom) or other causes (e.g. pesticide or lawn service poisoning) shall be removed and invoiced separately upon approval of COR.

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 B - CONTINUATION OF COMBINED SYNOPSIS/SOLICITATION RFQ 36C24819Q1206 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 Amber Milton 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:

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.

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:

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

Base year POP: 08-15-2019 - 08-14-2020 -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

Base Year POP: 08-15-2019 - 08-14-2020 -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).

Base year POP: 08-15-2019 - 08-14-2020 -Four (4) Quarterly maintenance visits (approximately once every 90 days) for one Vertex Aeration System.

-Eight (8) visits (as requested by the COR) for removal of floating debris, filamentous algae, duckweed, leaves and dead vegetation.

Option year 1: POP: 08-15-2019 - 08-14-2020 -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

Option year 1 POP: 08-15-2020 - 08-14-2021 -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).

Option year 1 POP: 08-15-2020 - 08-14-2021 -Four (4) Quarterly maintenance visits (approximately once every 90 days) for one Vertex Aeration System.

-Eight (8) visits (as requested by the COR) for removal of floating debris, filamentous algae, duckweed, leaves and dead vegetation.

Option year 2 POP: 08-15-2021 - 08-14-2022 -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).

Option year 2 POP: 08-15-2021 - 08-14-2022 -Four (4) Quarterly maintenance visits (approximately once every 90 days) for one Vertex Aeration System.

-Eight (8) visits (as requested by the COR) for removal of floating debris, filamentous algae, duckweed, leaves and dead vegetation.

Option year 3 POP: 08-15-2022 - 08-14-2023 -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

Option year 3 POP: 08-15-2022 - 08-14-2023 -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).

Option year 3 POP: 08-15-2022 - 08-14-2023 -Four (4) Quarterly maintenance visits (approximately once every 90 days) for one Vertex Aeration System.

-Eight (8) visits (as requested by the COR) for removal of floating debris, filamentous algae, duckweed, leaves and dead vegetation.

Option year 4 POP: 08-15-2023 - 08-14-2024 -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

Option year 4 POP: 08-15-2023 - 08-14-2024 -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).

Option year 4 POP: 08-15-2023 - 08-14-2024 -Four (4) Quarterly maintenance visits (approximately once every 90 days) for one Vertex Aeration System.

-Eight (8) visits (as requested by the COR) for removal of floating debris, filamentous algae, duckweed, leaves and dead vegetation.

B.4 DELIVERY SCHEDULE

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

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…