36C24922Q0533.docx

36C24922Q0533

ADDENDUM to FAR 52.212-4 CONTRACT TERMS AND CONDITIONS—COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES 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:

PAGE 1 OF

1. REQUISITION NO.

2. CONTRACT NO.

3. AWARD/EFFECTIVE DATE

4. ORDER NO.

5. SOLICITATION NUMBER

6. SOLICITATION ISSUE DATE

a. NAME

b. TELEPHONE NO. (No Collect Calls)

8. OFFER DUE DATE/LOCAL

TIME

9. ISSUED BY

CODE

10. THIS ACQUISITION IS

UNRESTRICTED OR

SET ASIDE:

% FOR:

SMALL BUSINESS

HUBZONE SMALL

BUSINESS

SERVICE-DISABLED

VETERAN-OWNED

SMALL BUSINESS

WOMEN-OWNED SMALL BUSINESS

(WOSB) ELIGIBLE UNDER THE WOMEN-OWNED

SMALL BUSINESS PROGRAM

EDWOSB

8(A)

NAICS:

SIZE STANDARD:

11. DELIVERY FOR FOB DESTINA-

TION UNLESS BLOCK IS

MARKED

SEE SCHEDULE

12. DISCOUNT TERMS

13a. THIS CONTRACT IS A

RATED ORDER UNDER

DPAS (15 CFR 700)

13b. RATING

14. METHOD OF SOLICITATION

RFQ

IFB

RFP

15. DELIVER TO

CODE

16. ADMINISTERED BY

CODE

17a. CONTRACTOR/OFFEROR

CODE

FACILITY CODE

18a. PAYMENT WILL BE MADE BY

CODE

TELEPHONE NO.

UEI:

EFT:

PHONE:

FAX:

17b. CHECK IF REMITTANCE IS DIFFERENT AND PUT SUCH ADDRESS IN OFFER 18b. SUBMIT INVOICES TO ADDRESS SHOWN IN BLOCK 18a UNLESS BLOCK BELOW IS CHECKED

SEE ADDENDUM

19.

20.

21.

22.

23.

24.

ITEM NO.

SCHEDULE OF SUPPLIES/SERVICES

QUANTITY

UNIT

UNIT PRICE

AMOUNT

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

25. ACCOUNTING AND APPROPRIATION DATA

26. TOTAL AWARD AMOUNT (For Govt. Use Only) 27a. SOLICITATION INCORPORATES BY REFERENCE FAR 52.212-1, 52.212-4. FAR 52.212-3 AND 52.212-5 ARE ATTACHED. ADDENDA

ARE

ARE NOT ATTACHED.

27b. CONTRACT/PURCHASE ORDER INCORPORATES BY REFERENCE FAR 52.212-4. FAR 52.212-5 IS ATTACHED. ADDENDA

ARE

ARE NOT ATTACHED

28. CONTRACTOR IS REQUIRED TO SIGN THIS DOCUMENT AND RETURN _______________

29. AWARD OF CONTRACT: REF. ___________________________________ OFFER

COPIES TO ISSUING OFFICE. CONTRACTOR AGREES TO FURNISH AND

DATED ________________________________. YOUR OFFER ON SOLICITATION

DELIVER ALL ITEMS SET FORTH OR OTHERWISE IDENTIFIED ABOVE AND ON ANY

(BLOCK 5), INCLUDING ANY ADDITIONS OR CHANGES WHICH ARE

ADDITIONAL SHEETS SUBJECT TO THE TERMS AND CONDITIONS SPECIFIED

SET FORTH HEREIN IS ACCEPTED AS TO ITEMS:

30a. SIGNATURE OF OFFEROR/CONTRACTOR 31a. UNITED STATES OF AMERICA (SIGNATURE OF CONTRACTING OFFICER) 30b. NAME AND TITLE OF SIGNER (TYPE OR PRINT) 30c. DATE SIGNED 31b. NAME OF CONTRACTING OFFICER (TYPE OR PRINT) 31c. DATE SIGNED

AUTHORIZED FOR LOCAL REPRODUCTION

(REV. NOV 2021)

PREVIOUS EDITION IS NOT USABLE

Prescribed by GSA - FAR (48 CFR) 53.212

7. FOR SOLICITATION

INFORMATION CALL:

STANDARD FORM 1449

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES

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

614-23-1-5069-0005

36C249-22-AP-1820

36C24922Q0533 08-05-2022 Robert Belisle 615-225-6337 09-02-2022 10:00

CDT

Department of Veterans Affairs Network Contracting Office 9 (90C)

NCO 9

1639 Medical Center Parkway, Suite 400 Murfreesboro

TN

37129 X X N 561730 750 Employees N/A X Department of Veterans Affairs Memphis VA Medical Center 1030 Jefferson Ave Memphis

TN

38104-2127 90C Network Contracting Office 9 Department of Veterans Affairs Network Contracting Office (90C) 1639 Medical Center Parkway Suite 400 Murfreesboro

TN

37129

90C FSC e-Invoicing Payment http://www.fsc.va.gov/fsc/einvoice.asp Invoice Setup Information 1-877-489-6135 Invoice must be submitted electronically

Setup 1-877-489-6135 Memphis VA Medical Center, requests for Quote IAW FAR Part 13 to provide snow and ice removal in accordance with Statement of Work (SOW).

All references within shall replace the term "offer" with "quote" and "offeror" with "quoter". Comparative evaluation of quotes will be performed IAW FAR 13.106-2 (b) (3) best value based on price and other factors. (see E.1 Addendum for FAR 52.212-1) This requirement is 100% set aside SDVOSB This RFQ will result in Blanket Purchase Agreement (BPA) with a period of performance of 10/01/2022 - 09/30/2027.

The BPA will consist of one 12 month ordering period and 4 (four) additional 1 (one) year optional ordering periods.

Wage Determination No. 2015-4473 (REV 20) dated 06/27/2022.

Contractor must be registered in SAM when quote is received and at time of award.

X Shawn Hendricks

NCO915L2-4043

Table of Contents

SECTION B - CONTINUATION OF SF 1449 BLOCKS

B.1 CONTRACT ADMINISTRATION DATA

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

a. CONTRACTOR:

b. GOVERNMENT: Contracting Officer 36C249 Shawn Hendricks Department of Veterans Affairs Network Contracting Office 9 (90C)

NCO 9

1639 Medical Center Parkway, Suite 400 Murfreesboro TN 37129

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.

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

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PERFORMANCE WORK STATEMENT

Snow and Ice Removal

MEMPHIS VA MEDICAL CENTER, MEMPHIS, TN

I. Description:

The Contractor shall provide all labor, personnel, equipment, tools, materials, and supervision necessary to ensure that grounds maintenance is performed at the VA Memphis Medical Center by removing snow and ice from roadways, parking lots, sidewalks, steps, ramps, landings, crosswalks, and entry ways, this shall include pretreatment for snow/ice and salting/sanding specified areas upon the request of the COR on Engineering Representative to ensure patient care come first, Failure will affect patients, employees, visitors, and customers at the VA Memphis facility.

1. Title of Project: Snow and Ice Removal at Memphis VA Medical Center

2. Scope of Work:

Basic Services. Contractor can expect to be notified any time snowfall reaches between ¼” to ½” or more for control of slippery conditions or complete snow removal. Snow removal shall be provided when notified by VAMC Memphis Contractor shall typically apply ice control after completion of snow removal. Snow removal and ice control means clearing snow accumulation, piles, and drifts and/or ice control from edge to edge on all walks, steps, porches, ramps, roads, parking lots, drives, and loading dock areas. All snow in the loading dock area is to be pulled out and placed on VAMC-Memphis areas as directed by the COR or Engineering representative. All snow is to be removed from parking spaces upon completion of each removal job. To ensure a thorough and complete snow removal job, scraper blade is to have contact with the ground. Contractor shall not leave spillovers. Snow is not to be pushed off VAMC- Memphis premises into streets or onto neighboring property. Contractor is to provide enough labor, equipment, and material to assure that each job is completed in six (6) hours or less.

a) Response. During non-administrative hours, (4:30 PM – 8:00 AM, Monday through Friday, and all day Saturday, Sunday and National Holidays) VAMC-Memphis Police and Administrative Officer on Duty (AOD), will monitor weather conditions to determine when snow removal and ice control services are required and based on weather conditions mobilize crew to ensure snow removal and deicing of all parking lots, drives, entrances, loading dock areas, walks, steps, landings, porches, and ramps is completed prior to 8:00 AM. During administrative hours of 8:00 AM – 4:30 PM Monday through Friday, not including national holidays, the COR or the designee, will contact the contractor when snow removal and/or ice control is required. Contractor will be required to be on site within sixty (60) minutes of call. Upon arrival the contractor will start to perform the requested duty whether pretreating or removing snow or ice. The clock starts when the contractor begins to perform the task. It is entirely possible snow will be falling during performance. Each six-hour block of time performing the duty is considered to be one job for invoicing purposes. It is possible during extreme weather events more than one job will be required to ensure safe conditions are present for patients and staff members. During events requiring more than the one ordered job, the COR must be made aware of the conditions BEFORE the contractor begins work passed the first six-hour time period. All work pertaining to pretreatment or removal of snow and ice must be ordered and approved by the COR beforehand in order to receive payment.

b) Pretreatment for Snow: Pretreatment of roadways, parking lots, and sidewalks shall be provided any time one or more inches of snow is anticipated. The Contractor will perform this work under the CLIN 0002 of the Contract. This shall be completed 8 to 12 hours prior to anticipate 1” of snow accumulation.

a. Estimated materials based on historical use:

i.

6,000 lb. salt for roadways and parking lots ii.

1,000 lb. de-icer for sidewalks, ramps, walks and steps

Detailed work:

Parked Vehicles. Parking lots will have vehicles parked in various locations at any time. The contractor shall maneuver around these vehicles to clear the area. The contractor shall be liable for any damages to vehicles or property in performance of this contract. See FAR 52.237-2 regarding liability.

Remove Ice. The contractor shall remove ice to provide secure footing or safe driving conditions by the snow removal operation or by applying rock salt and ice melt. No Sand/Salt or Sand/Ice Melt mixtures shall be used unless directed/approved by the COR or Engineering representative. The contractor shall provide rock salt for roads, parking lots, loading area, and drives and provide all calcium or magnesium chloride beads or pellets (No flakes or Rock Salt) for walks, steps, landings, porches, ramps and handicapped parking areas. Ice melt pellets shall be able to melt at – 25 degrees Fahrenheit generating heat on contact and product shall leave little or no residue.

c) Priority. Snow removal and deicer priority list.

(1) VA Map (See attachment):

(a) -Ambulance entrance and front steps/walks, Bldg.1

· Around Bldg. 1 Administration Bldg. front driveway / walkway toward building1A Bed Tower, Warehouse loading dock and both gates entry off Jefferson ave

· Around Bldg. 5 Clinic Annex toward Building 10 Maintenance Shop toward MRI Building 9 to Building 7 SCI, walkway including dock

· Walks around Bldgs. 6 in Dental Courtyard

· Walks around Bldg. 7 Spinal Cord Injury (SCI)

· Walks in courtyard of BLDG5 Clinic Annex

· Walks around Bldg. of the Parking Garage, top level and entry

(b) - At ambulance entrance, clean flat area, and handicapped parking, also walks to Bldg. 1

· Parking lot in front of Bldg. 1A

· Walks to Bldgs. from parking garage to main entry

· Parking lot for Patient & Visitors East Parking lot to SCI east entry

· Parking lot of the Southeast employee parking

· Walks to Bldgs. From Southeast employee parking to Administration BLDG1

· If time permits, assist cleaning main parking areas.

· Walks around all Bldgs. if necessary

(c) Gates Jefferson avenue has (2) entry

(d) Gate entry North Pauline

(e) Gate entry to Building 10 Poplar ave employee parking

Main road

· Small parking lot areas for Ambulatory Care Bldgs.

a. Firm fixed price indefinite delivery indefinite quantity base period with four (4) one (1) year options.

b. The contractor Shall remove snow and ice by plowing, blowing, brushing, sweeping, shoveling, or other suitable means not harmful to the traffic surface as necessary to produce and maintain safe passage of pedestrians and vehicles.

c. The contractor shall apply sand, salt, etc., to treat the existing or developing unsafe conditions to produce safe passage of pedestrians and vehicles. The materials used by the Contractor shall not be damaging to the surface receiving the materials.

d. All equipment used and stored, including all materials used and stored, and all removal methods used to displace snow and ice from surfaces shall be done in such a manner as to not cause damage to grass (turf), landscaping, trees, shrubs, vehicles, structures, fixtures, and people. Pertinent codes and regulations shall be adhered to such as EPA, NFPA, OSHA, etc.

e. Snow and ice shall be placed in piles/ or in open top dumpsters at designated locations specified by the VAMC MEMPHIS. The contractor may be asked to haul snow away from VA property.

f. The contractor shall mobilize and report within (1) hours from the time of notification by the facility rep. or designee to treat traffic surfaces and action shall be continuous until treatment is no longer necessary as directed by the COR of facility representative. Notification can occur at any time, 24 hours a day, seven (7) days a week, including Holidays. A call to the contractor may request to pre-salt specified areas when there is a forecast of snow or ice.

g. All work shall be performed in the order prescribed by the facility rep using a checklist and plot plan. The order of work may vary from one snowfall to the next.

h. In the event of special circumstances, i.e., the snow turning to rain or freezing rain making removal effects ineffective, permission may be sought from the rep or designee to discontinue the plowing or the de-icing or both. At that time the rep will contact the Chief Engineer and executive management.

i. Each snow/ice abatement call requires the inspection and acceptance of the rep or designee upon completion before payment for that work can be authorized.

j. Walks and roadways shall have de-icing materials applied by a spreader-sander. De-icing materials shall be applied to steps and landings by hand. Entry ways and ramps shall receive de-icing materials by hand or spreader as dictated by ease of access. Application by any method shall not be of a clumping effect.

k. All fire hydrants/fire lanes shall be kept clear of ice /snow and obstructions.

l. All bus stops shall be kept clear of ice/snow and obstructions.

m. Excessive buildup of sand and debris which may cause unsafe passage of pedestrians and vehicle shall be removed within one (2) hour from the time the contractor is notified by the COR or designee.

n. Roadway entrances / exists, bus stop passageways, sidewalks, and walkways obstructed by state and city snow plowing operations shall be kept clear by the contractor.

o. Snowmelt material shall be comparable to that used by facility if the contractor must supply it.

p. Equipment used shall be comparable to that used by the facility if the contractor must supply it.

q. Equipment used shall be comparable to that used by the VAMC MEMPHIS in the past. Review of equipment included in the walkthrough. Example: Tractor 18 horsepower, 51” rotary broom, 54” front blade; front loader-44 horsepower, 54” bucket; dump truck with sander and blade – truck CVWR 11000, DUMP BOX 2-3CU YD., SANDER 2-3CU, Y., blade 8ft. etc.

r. Facility will not provide any storage space for ice and snow removal equipment-Only pre-staging of equipment.

s. The contractor will check in with the facility upon arrival to do snow removal, check out the key and gate card assigned.

t. Whenever the work requires the contractor to gain temporary access to government-controlled spaces, the maintenance & repair supervisor or maintenance & operations engineer will issue necessary keys/cards to the contractor. The keys/cards issued are and remain government property. The contractor or his representative will be required to sign in receipt of any keys/cards issued and is responsible for returning them to the Facility Management Engineer.

u. At the end of each event, the contractor shall provide a service ticket like attachment D.2 to COR or government rep onsite for signature. This will document what cover items to include but not limited to the time, date, and line items utilized. This will correspond to invoice received for payment for each snow event.

v. Contractor will be able to review the VA shop drawings for reference as required to complete this work. Return any shop drawing to the COR once the work has been completed. Contractor and their staff are not permitted to take any pictures, videos, or drawings of any type.

w. Contractor and their staff are not permitted to take any pictures, videos, or drawings of any type. Taking of photographs/videos are prohibited while on VA premises.

x. The contractor’s staff will check in with the VA police to receive a VA work authorization badge. The badge must be worn facing forward and above the waistline. The contractor’s staff are required to wear the VA always issued badge while on the VA premises. The contractor will deliver the services outline in this Statement of Work with the base year and (4) option years period of performance for this agreement shall be October 1st, 2022, to September 30,2027

2.1 Standards –

Comply with all applicable VA guidelines, medical center by-laws, rules and regulations, hospital policies/procedures, and act in accordance with current Joint Commission standards.

2.2. Vendor must follow all Department of Veterans Affairs regulations when working on VA equipment. Vendor shall be escorted by VAMC Memphis staff while working in sensitive areas of the facility (i.e., patient care areas, etc.)

2.3 An electronic report of work performed (PDF, MS Word, etc.) shall also be submitted via email within 72 hours of each service visit.

2.4 Performance measures include VA interest items such as timely appointments for annual preventive maintenance visits and for unscheduled corrective maintenance visits, availability of appropriate replacement parts, and timely, detailed equipment service reports following every on-site service.

2.5 Work Hours and Period of Performance

VAMC Memphis normal working hours are Monday through Friday 0700-1600 (with one half hour for lunch), excluding federal holidays. All service shall be performed during normal working hours unless the Contracting Officer’s Representative (COR) provides written consent to the Vendor. The facility observes the following federal holidays:

Page 1 of Page 1 of New Year’s Day Martin Luther King, Jr. Day Presidents’ Day Memorial Day Independence Day Labor Day Columbus Day Veterans Day Thanksgiving Day Christmas Day

Page 1 of Page 1 of Page 1 of Juneteenth Day

Period of Performance:

The period of performance shall be from October 1st, 2022, to September 30, 2027.

2.6 Response times

The Vendor’s response time to phone inquiries shall be within two (2) hours. The Vendor’s on-site response time for service calls shall be within two (2) hours.

2.7 Test Equipment

VAMC Memphis will not furnish test equipment for the performance of this contract. It is the responsibility of the Contractor to bring the appropriate equipment and/or supplies necessary to complete the work as required within unless otherwise specified elsewhere in this document.

III. Qualifications.

The Contractor shall be responsible for ensuring that each technician providing Snow and Ice removal services under this contract is fully trained and certified to perform the required services covered by this contract. Contractors shall be capable of ensuring that safety is always expected while on the VA property.

II. Administrative Requirements.

HIPAA Compliance Under HIPAA Privacy and Security Rules, the Contractor providing services under this contract is a “covered entity,” and thus is not required to enter into a Business Associate Agreement with VA. However, the Contractor must observe Public Law 104-191 and all respective regulations implementing this law while providing services under this contract.

III. Quality Management.

1. Quality Assurance

1.1 The Contractor shall perform services under this contract in accordance with the ethical, professional, and technical standards of the healthcare industry, and must meet, or exceed, the current quality assurance standards recognized by Joint Commission and mandated by VHA quality assurance policies and/or performance measures. A copy of these standards, policies, and performance measures may be viewed by contract personnel in the Office of the Chief of Staff.

1.2 The Contractor shall not participate in, nor be a party to, any activities which conflict with Federal and/or State guidelines. In the event the Contractor encounters said conflicting situations, the Contractor will notify the COR or the Contracting Officer to resolve such issues. The Contracting Officer will document and be responsible for resolution of any such situations. Neither the VA nor the Contractor will be responsible for any delays or failures to perform due to causes beyond each party's control.

1.3 The Contractor shall perform the functions required in this statement of work in accordance with the rules of medical ethics, Federal, State, and local laws, rules and regulations, and the Joint Commission requirements. The Contractor will not participate in, nor be a party to, any activities which conflict with Federal and/or State guidelines. In the event the Contractor encounters said conflicting situations, the Contractor will notify the COR or the Contracting Officer to resolve such issues. The Contracting Officer will document and be responsible for resolution of any such situations. Neither the VA nor the Contractor will be responsible for any delays or failures to perform due to causes beyond each party's control.

A. CONTRACT AWARD MEETING

The Vendor shall not commence performance on the tasks in this SOW until the CO has advised the Vendor to do so.

B. GENERAL REQUIREMENTS

1. For every task, the Vendor shall identify in writing all necessary subtasks (if any), associated costs by task, and along with associated sub-milestone dates. The Vendor's subtask structure shall be reflected in the technical proposal and detailed work plan.

2. All written deliverables shall be phrased in layperson language. Statistical and other technical terminology shall not be used without providing a glossary of terms.

3. Where a written milestone deliverable is required in draft form, the VA will complete their review of the draft deliverable within 5 calendar days from the date of receipt. The Vendor shall have 5 calendar days to deliver the final deliverable from date of receipt of the Government’s comments.

C. SPECIFIC MANDATORY TASKS AND ASSOCIATED DELIVERABLES

Description of Tasks and Associated Deliverables: The Vendor shall provide the specific deliverables described below within the performance period stated in Section A.4 of this SOW. Task One: Deliver all items as outlined in this SOW.

Requirement Number Description of Solution

1 Provide all equipment and warranty as outlined in SOW.

2 Service agreement required

E. SCHEDULE FOR DELIVERABLES

1. The Vendor shall complete the Delivery Date that is agreed upon by CO.

2. If for any reason any deliverable cannot be delivered within the scheduled time frame, the Vendor is required to explain why in writing to the CO, including a firm commitment of when the work shall be completed. In 3-5 days after inspection of the Medical Gas Systems is complete and 45 days to make any repairs.

This notice to the CO shall cite the reasons for the delay, and the impact on the overall project. The CO will then review the facts and issue a response, in accordance with applicable regulations.

F. CHANGES TO STATEMENT OF WORK

Any changes to this SOW shall be authorized and approved only through written correspondence from the CO. A copy of each change will be kept in a project folder along with all other products of the project.

Costs incurred by the Vendor through the actions of parties other than the CO shall be borne by the Vendor.

H. CONFIDENTIALITY AND NONDISCLOSURE

It is agreed that:

1. The preliminary and final deliverables, and all associated working papers, application source code, and other material deemed relevant by VA which have been generated by the Vendor in the performance of this task order, are the exclusive property of the U.S. Government and shall be submitted to the CO at the conclusion of the task order.

2. The CO will be the sole authorized official to release, verbally or in writing, any data, draft deliverables, final deliverables, or any other written or printed materials pertaining to this task order. No information shall be released by the Vendor. Any request for information relating to this task order, presented to the Vendor, shall be submitted to the CO for response.

3. Press releases, marketing material, or any other printed or electronic documentation related to this project, shall not be publicized without the written approval of the CO.

PART 6 – PRIVACY, SECURITY & TRAINING:

The contractor’s staff will check in with the VA Engineering to receive a VA work authorization badge. Contractor’s staff must provide proper documentation to receive a badge. Contractor’s staff will smoke in the designated areas on the VA grounds. Contractor’s staff will not park in patient parking areas. Contract parking is limited on the grounds first come first serve.

The contractor is required to follow all regulations and safety requirements of the VA such as OSHA, NFPA, EPA, etc. Appropriate PPE must be worn always as well.

Contractor and their staff are not permitted to take any pictures, videos, or drawings of any type. Taking of photographs/videos are prohibited while on VA premises.

B.2 PRICE/COST SCHEDULE

ITEM INFORMATION

All materials, supplies, labor and transportation necessary to remove snow and ice in accordance with the Statement of Work (SOW). 1 (one) Job equals 6 (six) hours of performance time.

Contract Period: Base POP Begin: 10-01-2022 POP End: 09-30-2023 PRINCIPAL NAICS CODE: 561730 - Landscaping Services PRODUCT/SERVICE CODE: S208 - Housekeeping - Landscaping/Groundskeeping

All material, supplies, labor and transportation necessary to pre-pretreat grounds for snow and ice in accordance with the Statement of Work (SOW). 1 (one) Job equals 6 (six) hours of performance time.

Contract Period: Base POP Begin: 10-01-2022 POP End: 09-30-2023

All materials, supplies, labor and transportation necessary to remove snow and ice in accordance with the Statement of Work (SOW). 1 (one) Job equals 6 (six) hours of performance time.

Contract Period: Option 1 POP Begin: 10-01-2023 POP End: 09-30-2024

All material, supplies, labor and transportation necessary to pre-pretreat grounds for snow and ice in accordance with the Statement of Work (SOW). 1 (one) Job equals 6 (six) hours of performance time.

Contract Period: Option 1 POP Begin: 10-01-2023 POP End: 09-30-2024

All materials, supplies, labor and transportation necessary to remove snow and ice in accordance with the Statement of Work (SOW). 1 (one) Job equals 6 (six) hours of performance time.

Contract Period: Option 2 POP Begin: 10-01-2024 POP End: 09-30-2025

All material, supplies, labor and transportation necessary to pre-pretreat grounds for snow and ice in accordance with the Statement of Work (SOW). 1 (one) Job equals 6 (six) hours of performance time.

Contract Period: Option 2 POP Begin: 10-01-2024 POP End: 09-30-2025

All materials, supplies, labor and transportation necessary to remove snow and ice in accordance with the Statement of Work (SOW). 1 (one) Job equals 6 (six) hours of performance time.

Contract Period: Option 3 POP Begin: 10-01-2025 POP End: 09-30-2026

All material, supplies, labor and transportation necessary to pre-pretreat grounds for snow and ice in accordance with the Statement of Work (SOW). 1 (one) Job equals 6 (six) hours of performance time.

Contract Period: Option 3 POP Begin: 10-01-2025 POP End: 09-30-2026

All materials, supplies, labor and transportation necessary to remove snow and ice in accordance with the Statement of Work (SOW). 1 (one) Job equals 6 (six) hours of performance time.

Contract Period: Option 4 POP Begin: 10-01-2026 POP End: 09-30-2027 PRINCIPAL NAICS CODE: 561720 - Janitorial Services

All material, supplies, labor and transportation necessary to pre-pretreat grounds for snow and ice in accordance with the Statement of Work (SOW). 1 (one) Job equals 6 (six) hours of performance time.

Contract Period: Option 4 POP Begin: 10-01-2026 POP End: 09-30-2027

B.3 DELIVERY SCHEDULE

5.00

5.00

5.00

5.00

5.00

5.00

5.00

5.00

5.00

5.00

B.2 TERMS AND CONDITIONS

The Contractor agrees to the following terms of a Blanket Purchase Agreement (BPA) EXCLUSIVELY WITH the Department of Veterans Affairs:

B.3 ADMINISTRATIVE DATA

A Blanket Purchase Agreement (BPA) is hereby established between and the Department of Veterans Affairs under the following terms and conditions incorporated in this BPA:

Primary Point of Contact:

Alternate Point of Contact:

DUNS NUMBER:

Cognizant Office (Include complete address):

Department of Veterans Affairs Network Contracting Office 9 (90C)

NCO 9

1639 Medical Center Parkway, Suite 400 Murfreesboro TN 37129

B.4 OPTION TO EXTEND THE TERM OF THE BPA

a. The Government may extend the term of this BPA by written notice to the Contractor at any time prior to the expiration of the BPA, provided that the Government shall give the Contractor a preliminary written notice of its intent to extend at least 30 days before the BPA expires. The preliminary notice does not commit the Government to an extension.

b. If the Government exercises this option, the extended BPA shall be considered to include this option provision.

B.5 GENERAL SERVICES ORDERS

a. The BPA holder shall furnish all the necessary qualified personnel, materials, facilities and management resources to furnish the services set forth in the Statement of Objectives (SOO) or the Performance Work Statement (PWS) within the terms specified and at the price(s) stated.

b. It is understood and agreed that the BPA holder shall provide Fixed-Price proposals when requested by the Contracting Officer (CO). The contractor's proposal shall be priced using labor rates and labor categories here in provided. The CO will issue Fixed Priced Orders upon completion of negotiations of contractor proposals.

B.6 NONPERSONAL SERVICES

a. In performance of this contract, the BPA holder will provide services as required by program offices to support management of their overall mission. This will be based upon the order's performance work statement for the specific effort. Orders will be formally issued to the BPA holder as opposed to individual BPA holder employees.

b. The services required under the Agreement constitute professional and management services within the definition provided by FAR 37.201. Under this Agreement the Government will obtain professional services, which are essential to the Department of Veterans Affairs mission but not otherwise available within Department of Veterans Affairs.

c. The Government will neither supervise BPA holder employees nor control the method by which the BPA holder performs the required tasks. Under no circumstances shall the Government assign tasks to, or prepare work schedules for, individual BPA holder employees. It shall be the responsibility of the BPA holder to manage their employees and to guard against any actions that are of the nature of personal services, or give the perception of personal services. If the BPA holder feels that any actions constitute, or are perceived to constitute personal services, it shall be the BPA holder's further responsibility to notify the Contracting Officer immediately.

d. These services shall not be used to perform work of a policy/ decision making or management nature. All decisions relative to programs supported by BPA holders will be the sole responsibility of the Government. Support services will not be ordered to circumvent personnel ceilings, pay limitations, or competitive employment procedures.

B.7 AUTHORIZED LIMITS

The Government estimates, but does not guarantee, that individual BPA Orders placed against this Agreement may reach /per Order. This Order Limit may be increased by mutual agreement of the parties as necessary, in whole or part. The authorized Ceiling Limit of the Agreement is set at over the period covered by the Agreement; this ceiling is also not a guarantee. The Ceiling Limit may also be raised in association with Order Limit increases or other conditions which, by mutual agreement of the parties, maybe considered necessary. Authorization for individual orders above the stated order and/or Ceiling Limits must be coordinated through the Contracting Officer before larger valued orders can be issued and prior to commencement of work. All unauthorized work, regardless of amount, will be processed through the ratification process.

B.8 OBLIGATION OF FUNDS

This BPA does not obligate any funds. The Government is obligated only to the extent of authorized orders actually issued under the BPA by the Contracting Officer.

B.9 PERIOD OF PERFORMANCE

This BPA expires on 09-30-2027 or such later ending date as determined by the exercise of any option.

B.10 AUTHORIZED INDIVIDUALS

Individuals Authorized to Place Orders:

DVA authorizes the following entities to place orders:

B.11 ORDER FORMAT

Orders will be placed against this BPA via e-mail, Electronic Data Interchange (EDI), FAX, or in hardcopy format. Each individual BPA Order will describe the tasks, services and deliverables required.

B.12 AUTHORIZED REPRESENTATIVES

The primary Contracting Officer (CO) for this Agreement is:

Shawn.Hendricks@va.gov The Primary Contracting Officer's Representative (COR) for projects under this Agreement is:

The Secondary Contracting Officer's Representative (COR) for projects under this Agreement is:

The Primary and/or Secondary COR will be responsible for technical monitoring of the contractor's performance and deliveries. The COR and the Contractor's Representative shall work together to ensure that all contractual requirements are being met. The COR will interpret specifications or technical portions of the work. The COR is not authorized to perform, formally or informally, any of the following actions:

(1) Promise, award, agree to award, or execute any contract, contract modification, or notice of intent that changes or may change this contract;

(2) Waive or agree to modification of the delivery schedule;

(3) Make any final decision on any contract matter subject to the Disputes Clause;

(4) Terminate, for any reason, the contractor's right to proceed;

(5) Obligate in any way, the payment of money by the Government. Only a warranted Contracting Officer is authorized to obligate funds on this or any other contract action.

The contractor shall immediately notify the Contracting Officer in writing if the COR has taken an action (or fails to take action) or issues directions (written or oral) that the contractor considers to exceed the above limitations.

The contractor shall provide the Contracting Officer information copies of all correspondence to the COR.

B.13 FEDERAL HOLIDAYS

Unless specifically authorized in writing by the Contracting Officer, no services will be provided and no charges will be incurred and/or billed to any order on this contract on any of the Federal Holidays listed below.

Independence Day

B.14 PROHIBIT ACTIVITIES

The BPA holder shall not perform tasks under any resultant order which involve the following:

(a) preparation of any statement of requirements, objectives, or needs to be procured by the Government for Grounds Maintenance and Landscape services, whether to be acquired by future orders under the current program, or by any other contract action at Department of Veterans Affairs;

(b) evaluation of the qualifications of a potential source or any proposal for a contract or order by the Government for Grounds Maintenance and Landscape services or any other supplies or services;

(c) formulation of "best value" criteria, acquisition plans, solicitations or strategies for the purchase of Grounds Maintenance and Landscape-like services;

(d) preparation of documentation for future orders for Grounds Maintenance and Landscape services.

B.15 INVOICES

a. Inspection and acceptance shall be accomplished as follows: The Government, for all services furnished under any resulting order, hereby designates the COR in the program office as the point of final inspection and acceptance. The BPA holder will submit each invoice, including all back-up data, to the Contracting Officer (CO) for review and signature. When the CO receives an accurate and complete invoice, he/she will return a signed copy to the BPA holder within five (5) working days. If the invoice is incomplete or inaccurate, the CO will return the unsigned invoice to the BPA holder for correction. The Contracting Officer will then forward the signed invoice to the Chief Financial Officer (CFO) for payment. Final payment for each order will be accomplished by final invoice accompanied by a receiving report.

b. An itemized invoice shall be submitted to the CO at least monthly or upon expiration of this BPA, whichever occurs first, for all deliveries made during a billing period and for which payment has not been received. Copies of delivery tickets shall support these invoices. "Approved-for-payment" invoices will be submitted to the payment address specified on each individual order issued under this BPA.

B.16 PRECEDENCE

The Terms and conditions included in this BPA apply to all purchases made pursuant to it. In the event of an inconsistency between the provisions of this BPA and the Contractor's invoice, the provisions of this BPA will take precedence.

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SECTION C - CONTRACT CLAUSES

C.1 52.212-4 CONTRACT TERMS AND CONDITIONS—COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES (NOV 2021)

(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 Federal Acquisition Regulation (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…