36C25526Q0028 Bio Ponds Solicitation.pdf

PAGE 1 OF1. 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

657-26-1-1528-0002

36C25526Q0028 10-09-2025

Ross, Leslie | leslie.ross2@va.go@va.gov 913.946.1964 10-21-2025

10:00 CDT

36C255 Department of Veterans Affairs Network Contracting Office (NCO) 15 3450 S 4th Street Trafficway

Leavenworth KS 66048

X

562998

$16.5 Million

Net 30 Days N/A

X

See Delivery Schedule

36C255

Department of Veterans Affairs Network Contracting Office (NCO) 15 3450 S 4th Street Trafficway

Leavenworth KS 66048

36C255

Department of Veterans Affairs Financial Services Center http://www.fsc.va.gov/einvoice.asp

Austin TX

877-353-9791 512-460-5429

See CONTINUATION Page

The Contractor shall provide restoration and stewardship for numerous ponds located at the John Cochran and the Jefferson Barracks VA Medical Centers in accordance with the Performance Work Statement (PWS).

The government intends to award a single award Indefinite Delivery Indefinite Quantity (IDIQ) five-year contract.

Individual bulk funded task orders will be issued by the NCO 15 Contracting Office.

IMPORTANT: Please refer to Addendum to FAR 52.212-1 Instructions to Offerors for additional instructions.

See CONTINUATION Page

See cost and accounting data

X X

X One(1)

Ross, Leslie Contracting Officer

36C25526Q0028

Table of Contents

SECTION B - CONTINUATION OF SF 1449 BLOCKS

B.1 CONTRACT ADMINISTRATION DATA

B.2 PRICE/COST SCHEUDLE

B.2 DELIVERY SCHEDULE

B.3 PERFORMANCE WORK STATEMENT

SECTION C - CONTRACT CLAUSES

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

AND COMMERCIAL SERVICES (NOV 2023)

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

C.3 52.216-18 ORDERING (AUG 2020)

C.4 52.216-19 ORDER LIMITATIONS (OCT 1995)

C.5 52.216-22 INDEFINITE QUANTITY (OCT 1995)

C.6 52.228-5 INSURANCE—WORK ON A GOVERNMENT INSTALLATION (JAN 1997)

C.7 SUPPLEMENTAL INSURANCE REQUIREMENTS

C.8 52.212-5 CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT

STATUTES OR EXECUTIVE ORDERS—COMMERCIAL PRODUCTS AND

COMMERCIAL SERVICES (JAN 2025) (DEVIATION JUL 2025)

SECTION D - CONTRACT DOCUMENTS, EXHIBITS, OR ATTACHMENTS

SECTION E - SOLICITATION PROVISIONS

E.1 52.252-1 SOLICITATION PROVISIONS INCORPORATED BY REFERENCE (FEB

1998)

E.2 52.204-24 REPRESENTATION REGARDING CERTAIN TELECOMMUNICATIONS

AND VIDEO SURVEILLANCE SERVICES OR EQUIPMENT (NOV 2021)

E.3 52.204-29 FEDERAL ACQUISITION SUPPLY CHAIN SECURITY ACT

ORDERS—REPRESENTATION AND DISCLOSURES (DEC 2023)

E.4 52.209-7 INFORMATION REGARDING RESPONSIBILITY MATTERS (OCT 2018)

E.5 52.233-2 SERVICE OF PROTEST (SEP 2006)

E.6 VAAR 852.252-70 SOLICITATION PROVISIONS OR CLAUSES INCORPORATED

BY REFERENCE (JAN 2008)

E.7 52.212-2 EVALUATION—COMMERCIAL PRODUCTS AND COMMERCIAL

SERVICES (NOV 2021)

E.8 52.212-3 OFFEROR REPRESENTATIONS AND CERTIFICATIONS—

COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES (MAY 2024) (DEVIATION

FEB 2025)

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:

POINT OF CONTACT/TITLE:

E-MAIL ADDRESS:

SAM UEI NO.:

b. GOVERNMENT: Contracting Officer 36C255 Leslie Ross | leslie.ross2@va.gov

Department of Veterans Affairs

Network Contracting Office (NCO) 15

3450 S 4th Street Trafficway

Leavenworth KS 66048

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

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

[] 52.232-36, Payment by Third Party

3. INVOICES: Invoices shall be submitted in arrears:

a. Quarterly []

b. Semi-Annually []

c. Other [X] Monthly, 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 Financial Services Center https:www.fsc.va.gov/einvoice.asp

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

AMENDMENT NO DATE

B.2 PRICE/COST SCHEUDLE

This is a Five-Year IDIQ Contract with Pricing Periods:

The Guaranteed Minimum is: $100,000.00.

The Contract Ceiling for the Life of the Contract is: $900,000.00

POP 11-01-2025 Through 10-31-2026 Ordering Period 1

ITEM

NUMBER

DESCRIPTION OF

SUPPLIES/SERVICES

ESTIMATED

QUANTITY UNIT UNIT PRICE AMOUNT

0001 Restoration and Stewardship of the John Cochran and Jefferson Barracks Health Care System’s Ponds in accordance with the Performance Work Statement

12.00 MO ____________ __________

0002 Unscheduled/Emergency Services ** Estimated and not Guaranteed** ** Separate Task Order will be Issued as needed**

1.00 YR NTE $15,000.00

Total Cost:__________________________________

POP 11-01-2026 Through 10-31-2027 Ordering Period II

ITEM

NUMBER

DESCRIPTION OF

SUPPLIES/SERVICES

ESTIMATED

QUANTITY

UNIT UNIT PRICE AMOUNT

1001 Restoration and Stewardship of the John Cochran and Jefferson Barracks Health Care System’s Ponds in accordance with the Performance Work Statement

12.00 MO ______________ ________

1002 Unscheduled/Emergency Services ** Estimated and not Guaranteed** ** Separate Task Order will be Issued as needed**

1.00 YR NTE $15,000.00

Total Cost:__________________________________

POP 11-01-2027 Through 10-31-2028 Ordering Period III

ITEM

NUMBER

DESCRIPTION OF

SUPPLIES/SERVICES

ESTIMATED

QUANTITY

UNIT UNIT PRICE AMOUNT

2001 Restoration and Stewardship of the John Cochran and Jefferson Barracks Health Care System’s Ponds in accordance with the Performance Work Statement

12.00 MO ____________ ________

2002 Unscheduled/Emergency Services ** Estimated and not Guaranteed** ** Separate Task Order will be Issued as needed**

1.00 YR NTE $15,000.00

Total Cost:__________________________________

POP 11-01-2028 Through 10-31-2029 Ordering Period IV

ITEM

NUMBER

DESCRIPTION OF

SUPPLIES/SERVICES

ESTIMATED

QUANTITY

UNIT UNIT PRICE AMOUNT

3001 Restoration and Stewardship of the John Cochran and Jefferson Barracks Health Care System’s Ponds in accordance with the Performance Work Statement

12.00 MO ______________ _________

3002 Unscheduled/Emergency Services Unscheduled/Emergency Services ** Estimated and not Guaranteed** ** Separate Task Order will be Issued as needed**

1.00 YR NTE $15,000.00

Total Cost:__________________________________

POP 11-01-2029 Through 10-31-2030 Ordering Period V

ITEM

NUMBER

DESCRIPTION OF

SUPPLIES/SERVICES

ESTIMATED

QUANTITY

UNIT UNIT PRICE AMOUNT

4001 Restoration and Stewardship of the John Cochran and Jefferson Barracks Health Care System’s Ponds in accordance with the Performance Work Statement

12.00 MO _____________ ________

4002 Unscheduled/Emergency Services Unscheduled/Emergency Services ** Estimated and not Guaranteed** ** Separate Task Order will be Issued as needed**

1.00 YR NTE $15,000.00

Total Cost:__________________________________

Ordering Period 1 Total:

Ordering Period 2 Total:

Ordering Period 3 Total:

Ordering Period 4 Total:

Ordering Period 5 Total:

Total:

B.2 DELIVERY SCHEDULE

ITEM

NUMBER SHIPPING INFORMATION QUANTITY

DELIVERY

DATE

0001-

SHIP TO: St. Louis VA Medical Center John Cochran Division 915 North Grand Blvd St. Louis, MO 63106 1621

USA

ALL SEE POP

FOB: DESTINATION

B.3 PERFORMANCE WORK STATEMENT

Pond Restoration and Stewardship

SUMMARY SCOPE OF WORK: The Contractor shall provide all labor, personnel, equipment, tools, materials, vehicles, supervision, waste disposal, and other items and services necessary for the restoration and stewardship of the areas identified in Attachment A for the VA St. Louis Health Care System, John Cochran and Jefferson Barracks divisions. The services shall be provided in accordance with current federal, state, and local regulations.

PERFORMANCE PERIOD: The Contractor shall make available to services required under this Performance Work Statement (PWS) commencing with the effective date of award, unless otherwise directed by the Contract Office (CO) and shall provide the required services until the date of contract expiration. Work at the VA shall not take place on Federal holidays or weekends unless direct by the Contracting Officer's Representative (COR) or CO.

All restoration work shall be completed prior to stewardship activation.

1. AREAS TO BE MAINTAINED

Specific areas are identified on Attachment A – Schedule and covered areas. The information descriptions and approximate square footage are only given as a guide and are not to be relied upon for estimating purposes. The Contractor shall field verify existing conditions and final dimension/quantities.

2. SERVICES TO BE PROVIDED

a. RESTORATION:

Restoration shall include all tasks and materials needed to bring the areas identified up to the approved St. Louis Metropolitan Sewer District (MSD) specifications. Restoration shall include but is not limited to the following:

1. Removal of weedy herbaceous, invasive and woody species and cutting back of existing desirable species.

2. Removal of silt, trash, and other debris that have accumulated in the areas.

b. STEWARDSHIP:

Stewardship shall include but is not limited to the following:

1. General maintenance of each area, treating weed species with herbicide, hand pulling of weeds, removing debris, removing trash, mulch cultivation, sediment removal, and selective pruning.

2. Areas devoid of mulch should be re-mulched as needed.

3. Inspect underdrain cleanouts to ensure no sediment accumulation and proper draining of pipes.

Flush drains if sediment is visible.

4. Pruning shall be accomplished consistent with horticultural practices and in a manner, which ensures that the size and proportions of the trees, shrubs, hedges, beds and plants are maintained.

5. Replace annual flowers in designed planting beds and planters. Submit names/types of flowers to be replanted annually to COR for approval before planting. Spring through fall color in these areas is the main concern and shall be provided.

6. Stewardship activities do not include perennial plant material replacement.

The identified number of visits for each area is intended to ensure facility compliance with applicable MSD permits.

3. SPECIAL WORK REQUIREMENTS

a. PERSONAL IDENTIFICATION VERIFICATION (PIV): Only the Job Superintendent shall be fully PIV registered and shall be completed 45 days after contract award.

1. Except for initiating registration with the PIV Sponsor, personnel conducting business pursuant to this contract shall not enter VA owned or leased property without a current and valid VA issued badge. Personnel may also be subject to inspection of their personal effects, including toolboxes, lockers, vehicle, or any other container, whilst on VA owned or leased property upon request from VA Police. Contractor shall coordinate with COR for PIV badging.

b. All restoration and stewardship services shall be performed by trained personnel using current acceptable horticultural practices in accordance with the terms of this contract.

c. FIELD REPORTS: Upon the completion of work, the contractor shall leave a signed, legible, written report with the COR indicating the date and what work was completed during the day. The report form will be provided by the government. (Attachment B – Field Report).

d. The Clinic Building (Bldg. 55) light wells are to be maintained outside of normal business hours.

Normal business hours are between 6:00 am and 6:00 pm Monday through Friday.

e. The Contractor is to accompany the COR quarterly on a general inspection of the areas identified in Attachment A. Problems or corrections shall be corrected as noted solely by the contractor unless otherwise specified.

f. All contractor laydown areas (equipment, materials, dumpsters, etc.) shall be coordinated with the Medical Center prior to work commencement.

g. Restoration and stewardship may include the use of herbicides to control existing weedy populations of invasive or non-desirable plants. All product labels and Safety Data Sheets (SDS) shall be provided prior to chemical usage. All applications must be completed by a licensed Missouri Department of Agriculture Certified Applicator. When chemical methods are used to remove weeds or unwanted vegetation, the contractor shall assure the compatibility of the chemicals with the existing vegetation and ensure that only the weeds shall be affected by the chemicals.

h. IDENTIFICATION: The Contractor’s personnel shall wear either a company shirt or hat bearing the company logo.

i. VEHICLES: All Contractor’s vehicles will be locked and keys removed while performing service on the VA property. This is intended to protect the Contractor’s property and provide for the safety of the VA Medical Center’s personnel. Vehicle(s) shall bear the company logo. It is the responsibility of the Contractor to park in the appropriate designated parking areas. Information on parking is available from the VA Police. The VA will not invalidate or make reimbursement for parking viola-tions of the contractor under any conditions.

j. SAFETY REQUIREMENT: Personal Protective Equipment (PPE) shall be worn when work is being performed.

k. QUALITY OF SERVICE: The contractor shall have competent, documented experience (3-years) in stormwater Best Management Practices (BMPs) and bio-retention basin stewardship.

l. RESTRICTIONS: Smoking is prohibited on VA grounds. Possession of weapons is prohibited.

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

m. DAMAGE: The contractor shall take all necessary precautions to prevent damage to any government property. The Contractor shall repair any damage to the premises caused by the Contractor, its employees, or the agents. The Contractor shall hold harmless and indemnify the Government from and against any and all losses or damages resulting from the Contractor’s installation, maintenance, service, removal, or operation of the equipment or any other equipment of the Contractor’s except loss or damage arising from negligent or intentional act or omission of the Government. The contractor shall report any damages immediately to the COR. Any damaged material (i.e., trees, shrubs, lawn/turf, cubs, gutters, sidewalks, etc.) will be replaced in a timely manner or corrected by the Contractor with like materials, at no extra cost to the government, upon approval of the CO.

n. SCHEDULE: The Contractor shall submit, 30-days after award, the planned restoration and stewardship schedule.

4. CHANGES TO THE PERFORMANCE WORK STATEMENT

Any changes to this PWS shall be authorized and approved only through written correspondence from the CO. Cost incurred by the Contractor through the actions of parities other than the CO, or those specifically delegated to the COR, shall be borne by the Contractor.

5. VA PRIVACY TRAINING FOR PERSONNEL WITHOUT ACCESS TO VA COMPUTER SYSTEMS

OR VA SENSITIVE INFORMATION

The Department of Veterans Affairs, VA must comply with all applicable privacy and confidentiality statutes and regulations. One of the requirements in VA is to have all personnel trained annually on privacy requirements. “Privacy” represents what must be protected by VA in the collection, use, and disclosure of personal information whether the medium is electronic, paper or verbal.

This document satisfies the “basic” privacy training requirement for a contractor, volunteer, or other personnel only if the individual does not use VA sensitive information or protected health information (PHI) in any form such as electronic or paper or have access to any VA computer system such as VA Time and Attendance System (VATAS), Computerized Patient Record System (CPRS), Joint Legacy Viewer (JLV), Veterans Health Information Exchange (VHIE), Compensation and Pension Record Interchange (CAPRI).

You will find this training outlines your role and responsibility for protecting VA sensitive information (medical, financial, or educational) that you may incidentally or accidentally see or overhear.

If you have direct access to VA sensitive information or access to a VA computer system where there is protected health information such as VATAS, CPRS, JLV, VHIE or CAPRI you must take Privacy and HIPAA Focused Training (TMS 10203).

VA Privacy and Information Security Awareness and Rules of Behavior (TMS 10176) is always required to use or gain access to a VA computer system or VA sensitive information, whether or not protected health information is included. Both trainings are located within the VA Talent Management System (TMS): https://www.tms.va.gov

What is VA Sensitive Information/Data?

All Department information and/or data on any storage media or in any form or format, which requires protection due to the risk of harm that could result from inadvertent or deliberate disclosure, alteration, or destruction of the information. The term includes not only information that identifies an individual but also other information whose improper use or disclosure could adversely affect the ability of an agency to accomplish its mission, proprietary information, and records about individuals requiring protection under applicable confidentiality provisions.

What is Protected Health Information?

The HIPAA Privacy Rule defines protected health information as Individually Identifiable Health Information transmitted or maintained in any form or medium by a covered entity, such as VHA.

What is an “Incidental” Disclosure?

An incidental disclosure is one where an individual’s information may be disclosed incidentally even though appropriate safeguards are in place. Due to the nature of VA communications and practices, as well as the various environments in which Veterans receive healthcare or other services from VA, the potential exists for a Veteran’s protected health information or VA sensitive information to be disclosed incidentally.

For example:

. You overhear a healthcare provider’s conversation with another provider or patient even when the conversation is taking place appropriately.

. You may see limited Veteran information on sign-in sheets or white boards within a treating area of the facility.

. You may hear a Veteran’s name being called out for an appointment or when the Veteran is being transported/escorted to and from an appointment

Safeguards You Must Follow To Secure VA Sensitive Information:

. Secure any VA sensitive information found in unsecured public areas (parking lot, trash can, or vacated area) until information can be given to your supervisor or Privacy Officer. You must report such incidents to your Privacy Officer timely.

. Don’t take VA sensitive information off facilities grounds without VA permission unless the VA information is general public information, i.e., brochures/pamphlets.

. Don’t take pictures using a personal camera without the permission from the Medical Center Director.

. Any protected health information overheard or seen in VA should not be discussed or shared with anyone who does not have a need to know the information in the performance of their official job duties, this includes spouses, employers or colleagues.

. Do not share VA access cards, keys, or codes to enter the facility.

. Immediately report lost or stolen Personal Identity Verification (PIV) or Veteran Health Identification Cards (VHIC), VA keys or keypad lock codes to your supervisor or VA police.

. Do not use a VA computer using another VA employee’s access and password.

. Do not ask another VA employee to access your own protected health information. You must request this information in writing from the Release of Information section at your facility

What are the Six Privacy Laws and Statutes Governing VA?

1. Freedom of Information Act (FOIA) compels disclosure of reasonably described VA records or a reasonably segregated portion of the records to any person upon written request unless one or more of the nine exemptions apply.

2. Privacy Act of 1974 provides for the confidentiality of personal information about a living individual who is a United States citizen or an alien lawfully admitted to U.S. and whose information is retrieved by the individual’s name or other unique identifier, e.g. Social Security Number.

3. Health Insurance Portability and Accountability Act (HIPAA) provides for the improvement of the efficiency and effectiveness of health care systems by encouraging the development of health information systems through the establishment of standards and requirements for the electronic transmission, privacy, and security of certain health information.

4. 38 U.S.C. 5701 provides for the confidentiality of all VA patient and claimant information, with special protection for their names and home addresses.

5. 38 U.S.C. 7332 provides for the confidentiality of drug abuse, alcoholism and alcohol abuse, infection with the human immunodeficiency virus (HIV) and sickle cell anemia medical records and health information.

6. 38 U.S.C. 5705 provides for the confidentiality of designated medical-quality assurance documents.

What are the Privacy Rules Concerning Use and Disclosure?

You are not authorized to use or disclose protected health information. In general, VHA personnel may only use information for purposes of treatment, payment or healthcare operations when they have a need-to-know in the course of their official job duties. VHA may only disclose protected health information upon written request by the individual who is the subject of the information or as authorized by law.

How is Privacy Enforced?

There are both civil and criminal penalties, including monetary penalties that may be imposed if a privacy violation has taken place. Any willful negligent or intentional violation of an individual’s privacy by VA personnel, contract staff, volunteers, or others may result in such corrective action as deemed appropriate by VA including the potential loss of employment, contract, or volunteer status.

Know your VA/VHA Privacy Officer and Information Systems Security Officer. These are the individuals to whom you can report any potential violation of protected health information or VA sensitive information, or any other concerns regarding privacy of VA sensitive information.

YOU ARE RESPONSIBLE FOR PROTECTING THE CONFIDENTIAL INFORMATION OF OUR

VETERANS

Employee (Print Name) Date

Employee Signature

Print Name of Contract Agency, if contractor

Print Name of VHA Department/Supervisor/Contracting Officer

PROVIDE A COPY OF THIS FORM TO YOUR SUPERVISOR/CONTRACTING OFFICER

RECORDS MANAGEMENT OBLIGATIONS

A. Applicability This clause applies to all Contractors whose employees create, work with, or otherwise handle Federal records, as defined in Section B, regardless of the medium in which the record exists.

B. Definitions “Federal record” as defined in 44 U.S.C. § 3301, includes all recorded information, regardless of form or characteristics, made or received by a Federal agency under Federal law or in connection with the transaction of public business and preserved or appropriate for preservation by that agency or its legitimate successor as evidence of the organization, functions, policies, decisions, procedures, operations, or other activities of the United States Government or because of the informational value of data in them.

The term Federal record:

1.includes VASTLHCS records.

2.does not include personal materials.

3.applies to records created, received, or maintained by Contractors pursuant to their [Agency] contract.

4.may include deliverables and documentation associated with deliverables.

C. Requirements 1.Contractor shall comply with all applicable records management laws and regulations, as well as National Archives and Records Administration (NARA) records policies, including but not limited to the Federal Records Act (44 U.S.C. chs. 21, 29, 31, 33), NARA regulations at 36 CFR Chapter XII Subchapter B, and those policies associated with the safeguarding of records covered by the Privacy Act of 1974 (5 U.S.C. 552a). These policies include the preservation of all records, regardless of form or characteristics, mode of transmission, or state of completion.

2.In accordance with 36 CFR 1222.32, all data created for Government use and delivered to, or falling under the legal control of, the Government are Federal records subject to the provisions of 44 U.S.C. chapters 21, 29, 31, and 33, the Freedom of Information Act (FOIA) (5 U.S.C. 552), as amended, and the Privacy Act of 1974 (5 U.S.C. 552a), as amended and must be managed and scheduled for disposition only as permitted by statute or regulation.

3.In accordance with 36 CFR 1222.32, Contractor shall maintain all records created for Government use or created in the course of performing the contract and/or delivered to, or under the legal control of the Government and must be managed in accordance with Federal law. Electronic records and associated metadata must be accompanied by sufficient technical documentation to permit understanding and use of the records and data.

4.[Agency] and its contractors are responsible for preventing the alienation or unauthorized destruction of records, including all forms of mutilation. Records may not be removed from the legal custody of [Agency] or destroyed except for in accordance with the provisions of the agency records schedules and with the written concurrence of the Head of the Contracting Activity. Willful and unlawful destruction, damage or alienation of Federal records is subject to the fines and penalties imposed by 18 U.S.C. 2701. In the event of any unlawful or accidental removal, defacing, alteration, or destruction of records, Contractor must report to [Agency]. The agency must report promptly to NARA in accordance with 36 CFR 1230.

5.The Contractor shall immediately notify the appropriate Contracting Officer upon discovery of any inadvertent or unauthorized disclosures of information, data, documentary materials, records or equipment. Disclosure of non-public information is limited to authorized personnel with a need-to-know as described in the [contract vehicle]. The Contractor shall ensure that the appropriate personnel, administrative, technical, and physical safeguards are established to ensure the security and confidentiality of this information, data, documentary material, records and/or equipment is properly protected. The Contractor shall not remove material from Government facilities or systems, or facilities or systems operated or maintained on the Government’s behalf, without the express written permission of the Head of the Contracting Activity. When information, data, documentary material, records and/or equipment is no longer required, it shall be returned to [Agency] control or the Contractor must hold it until otherwise directed. Items returned to the Government shall be hand carried, mailed, emailed, or securely electronically transmitted to the Contracting Officer or address prescribed in the [contract vehicle]. Destruction of records is EXPRESSLY PROHIBITED unless in accordance with Paragraph (4).

6.The Contractor is required to obtain the Contracting Officer's approval prior to engaging in any contractual relationship (sub-contractor) in support of this contract requiring the disclosure of information, documentary material and/or records generated under, or relating to, contracts. The Contractor (and any sub-contractor) is required to abide by Government and [Agency] guidance for protecting sensitive, proprietary information, classified, and controlled unclassified information.

7.The Contractor shall only use Government IT equipment for purposes specifically tied to or authorized by the contract and in accordance with [Agency] policy.

8.The Contractor shall not create or maintain any records containing any non-public [Agency] information that are not specifically tied to or authorized by the contract.

9.The Contractor shall not retain, use, sell, or disseminate copies of any deliverable that contains information covered by the Privacy Act of 1974 or that which is generally protected from public disclosure by an exemption to the Freedom of Information Act.

10.The [Agency] owns the rights to all data and records produced as part of this contract. All deliverables under the contract are the property of the U.S. Government for which [Agency] shall have unlimited rights to use, dispose of, or disclose such data contained therein as it determines to be in the public interest. Any Contractor rights in the data or deliverables must be identified as required by FAR 52.227-11 through FAR 52.227-20.

11.Training. All Contractor employees assigned to this contract who create, work with, or otherwise handle records are required to take [Agency]-provided records management training. The Contractor is responsible for confirming training has been completed according to agency policies, including initial training and any annual or refresher training.

[Note: To the extent an agency requires contractors to complete records management training, the agency must provide the training to the contractor.]

D. Flowdown of requirements to subcontractors

1.The Contractor shall incorporate the substance of this clause, its terms and requirements including this paragraph, in all subcontracts under this [contract vehicle], and require written subcontractor acknowledgment of same.

2.Violation by a subcontractor of any provision set forth in this clause will be attributed to the Contractor.

Attachment A – Schedule and Areas Covered

Permit Number Name Description Approx. Sq Ft. Visits

Impact Parking P-29881-00 Impact Parking Pond 1 6152 4 P-29881-00 Impact Parking Drain 1 300 4

P-29881-00 Impact Parking Drain 2 and scour remediation 210 4 P-29881-00 Impact Parking Riprap Channel 2420 4

BUILDING 1

Building 1 Beds Front Circle 8

BUILDING 18

Building 18 Planting Beds next to steps 8

BUILDING 24

Building 24 Perimeter of Bldg. Beds 8

BUILDING 25

Building 25 BUILDING 25 Entrance Beds 8

P-0004047-11 BUILDING 25 Pond 1 1373 8 P-0004047-11 BUILDING 25 Riprap Channel 700 4 P-0004047-12 BUILDING 25 Pond 2 7277 8

BUILDING 51

Building 51 Entrance Beds 8 Building 51 Courtyard Front Beds 8 Building 51 Courtyard Middle Beds 8 Building 51 Rose Garden Beds 8

BUILDING 52

Building 52 Entrance Beds 8

BUILDING 53

Building 52 Entrance Beds 8

BUILDING 54

18MSD-00192 Rehab Bldg. (Bldg. 54) Pond 1 1906 8 18MSD-00192 Rehab Bldg. (Bldg. 54) Pond 2 1024 8 18MSD-00192 Rehab Bldg. (Bldg. 54) Pond 3 882 8 18MSD-00192 Rehab Bldg. (Bldg. 54) Pond 4 229 8 18MSD-00192 Rehab Bldg. (Bldg. 54) Pond 5 226 8 18MSD-00192 Rehab Bldg. (Bldg. 54) Pond 6 226 8 18MSD-00192 Rehab Bldg. (Bldg. 54) Pond 7 305 8

18MSD-00192 Rehab Bldg. (Bldg. 54) Pond 8 384 8 18MSD-00192 Rehab Bldg. (Bldg. 54) Pond 9 227 8 18MSD-00192 Rehab Bldg. (Bldg. 54) Pond 10 226 8 18MSD-00192 Rehab Bldg. (Bldg. 54) Pond 11 463 8 18MSD-00192 Rehab Bldg. (Bldg. 54) Pond 12 330 8 18MSD-00192 Rehab Bldg. (Bldg. 54) Pond 13 226 8 18MSD-00192 Rehab Bldg. (Bldg. 54) Pond 14 226 8 18MSD-00192 Rehab Bldg. (Bldg. 54) Pond 15 465 8 18MSD-00192 Rehab Bldg. (Bldg. 54) Pond 16 359 8 18MSD-00192 Rehab Bldg. (Bldg. 54) Pond 17 226 8 P-0029883-00 Rehab Bldg. (Bldg. 54) Pond 18 226 8 P-0029883-00 Rehab Bldg. (Bldg. 54) Pond 19 219 8 18MSD-00192 Rehab Bldg. (Bldg. 54) Pond 20 1730 8 P-0029883-00 Rehab Bldg. (Bldg. 54) Pond 21 241 8 P-0029883-00 Rehab Bldg. (Bldg. 54) Pond 22 1126 8 P-0029883-00 Rehab Bldg. (Bldg. 54) Pond 23 969 8 18MSD-00192 Rehab Bldg. (Bldg. 54) Planting Beds 1500 8

Buildings 53/54 Island Beds 8 P0004047-06 Rehab Bldg. (Bldg. 54) Retaining Wall 2500 6

BUILDING 55

P-0004047-05 Clinic Bldg. (Bldg. 55) Island Beds 8

P-00004047-06 Clinic Bldg. (Bldg. 55) Pond 1 16395 8 P-00004047-06 Clinic Bldg. (Bldg. 55) Pond 2 7727 8 P-00004047-06 Clinic Bldg. (Bldg. 55) Pond 3 555 8 P-00004047-06 Clinic Bldg. (Bldg. 55) Pond 4 2350 8 P-00004047-06 Clinic Bldg. (Bldg. 55) Pond 5 5144 8 P-00004047-06 Clinic Bldg. (Bldg. 55) Planting Beds 2379 8 P-00004047-06 Clinic Bldg. (Bldg. 55) Light Wells 630 8

BUILDING 56

Building 56 Circle Bed 8

Tenant Bldg. Entrance 8 P-0004047-12 Tenant Bldg. 56 Pond 2 8 P-0004047-12 Tenant Bldg. 56 Green Roof 6 P-0004047-12 Tenant Bldg. 56 Entrance 8

P-0004047-12 Tenant Bldg. 56 Planting Beds and

Planters 8

BUILDING 57

18MSD-00328 Part 1 Bldg. 57 Pond 1 8 18MSD-00328 Part 1 Bldg. 57 Pond 2 8 18MSD-00328 Part 1 Bldg. 57 Pond 3 8 18MSD-00328 Part 1 Bldg. 57 Pond 4 8

18MSD-00328 Part 1 Bldg. 57 Pond 5 8 18MSD-00328 Part 1 Bldg. 57 Pond 6 8 18MSD-00328 Part 1 Bldg. 57 Pond 7 8 18MSD-00328 Part 1 Bldg. 57 Pond 8 8 18MSD-00328 Part 1 Bldg. 57 Pond 9 8 18MSD-00328 Part 1 Bldg. 57 Pond 10 8 18MSD-00328 Part 1 Bldg. 57 Pond 11 8 18MSD-00328 Part 1 Bldg. 57 Pond 12 8 18MSD-00328 Part 1 Bldg. 57 Pond 13 8 18MSD-00328 Part 1 Bldg. 57 Pond 14 8 18MSD-00328 Part 1 Bldg. 57 Pond 15 8 18MSD-00328 Part 1 Bldg. 57 Pond 16 8 19MSD-00192 Part 1 Bldg. 57 Pond 17 8

Planting Beds 8 Island Beds 8

P-00004047-06 Eng. Warehouse (Bldg.

57) Green Roof 25295 6

BUILDING 58

Building 58 Perimeter of Bldg. Beds 8

BUILDING 75 ENERGY PLANT

P-00004047-05 Energy Plant Pond 1 8739 8 P-00004047-05 Energy Plant Pond 2 7727 8 P-00004047-05 Energy Plant Drain 1 170 4 P-00004047-05 Energy Plant Drain 2 170 4 P-00004047-05 Energy Plant Rip Channel 3780 4

Energy Plant Entrance Beds 8

Permit Number Name Description Approx. Sq Ft. Visits

JOHN COCHRAN

18MSD-00245 Sextro Lot Pond A 780 8 18MSD-00245 Sextro Lot Pond B1 312 8 18MSD-00245 Sextro Lot Pond B2 400 8 18MSD-00245 Sextro Lot Pond B3 360 8 18MSD-00245 Sextro Lot Pond B4 360 8 18MSD-00245 Sextro Lot Pond C1 440 8 18MSD-00245 Sextro Lot Pond C2 480 8 P-0029883-00 Old Cab Lot Pond 1 2083 8

Attachment B – Field Report Date________________

Work Performed Check if work is performed Area(s) of Work Description of Work Completed

RESTORATION

a. Pruning

b. Weeding

c. Sediment removal

d. Debris removal

e. Trash removal

f. Herbicide application

g. Other:

STEWARDSHIP

a. Pruning

b. Weeding

c. Sediment removal

d. Debris removal

e. Trash removal

f. Fertilization

g. Herbicide application

h. Insect/Pest & disease inspection

i. Other:

Signature of Contractor

SECTION C - CONTRACT CLAUSES

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

COMMERCIAL SERVICES (NOV 2023)

(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 FAR 32.608-2 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; 49 U.S.C. 40118, Fly American; and 41 U.S.C. chapter 21 relating to procurement integrity.

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

(1) The schedule of supplies/services.

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

(3) The clause at 52.212-5.

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

(5) Solicitation provisions if this is a solicitation.

(6) Other paragraphs of this clause.

(7) The Standard Form 1449.

(8) Other documents, exhibits, and attachments

(9) The specification.

(t) [Reserved]

(u) Unauthorized Obligations.

(1) Except as stated in paragraph (u)(2) of this clause, when any supply or service acquired under this contract is subject to any End User License Agreement (EULA), Terms of Service (TOS), or similar legal instrument or agreement, that includes…