36C256-19-Q-0289-0003002.pdf

5. PROJECT NUMBER (if applicable)

CODE 7. ADMINISTERED BY

2. AMENDMENT/MODIFICATION NUMBER

CODE

6. ISSUED BY

8. NAME AND ADDRESS OF CONTRACTOR

4. REQUISITION/PURCHASE REQ. NUMBER 3. EFFECTIVE DATE

9A. AMENDMENT OF SOLICITATION NUMBER

9B. DATED

PAGE OF PAGES

10A. MODIFICATION OF CONTRACT/ORDER NUMBER

10B. DATED

BPA NO. 1. CONTRACT ID CODE

FACILITY CODE CODE

Offers must acknowledge receipt of this amendment prior to the hour and date specified in the solicitation or as amended, by one of the following methods:

The above numbered solicitation is amended as set forth in Item 14. The hour and date specified for receipt of Offers

E. IMPORTANT:

is extended,

(a) By completing Items 8 and 15, and returning __________ copies of the amendment; (b) By acknowledging receipt of this amendment on each copy of the offer submitted; or (c) By separate letter or electronic communication which includes a reference to the solicitation and amendment numbers. FAILURE OF YOUR ACKNOWLEDGMENT TO BE RECEIVED AT THE PLACE DESIGNATED FOR THE RECEIPT OF OFFERS PRIOR TO THE HOUR AND DATE SPECIFIED MAY is not extended.

12. ACCOUNTING AND APPROPRIATION DATA

(REV. 11/2016)

is required to sign this document and return ___________ copies to the issuing office. is not, A. THIS CHANGE ORDER IS ISSUED PURSUANT TO: (Specify authority) THE CHANGES SET FORTH IN ITEM 14 ARE MADE IN THE CONTRACT ORDER NO. IN ITEM 10A.

15C. DATE SIGNED

B. THE ABOVE NUMBERED CONTRACT/ORDER IS MODIFIED TO REFLECT THE ADMINISTRATIVE CHANGES SET FORTH IN ITEM 14, PURSUANT TO THE AUTHORITY OF FAR 43.103(b).

RESULT IN REJECTION OF YOUR OFFER. If by virtue of this amendment you desire to change an offer already submitted, such change may be made by letter or electronic communication, provided each letter or electronic communication makes reference to the solicitation and this amendment, and is received prior to the opening hour and date specified.

C. THIS SUPPLEMENTAL AGREEMENT IS ENTERED INTO PURSUANT TO AUTHORITY OF:

D. OTHER

Contractor

16C. DATE SIGNED

14. DESCRIPTION OF AMENDMENT/MODIFICATION

16B. UNITED STATES OF AMERICA

Except as provided herein, all terms and conditions of the document referenced in Item 9A or 10A, as heretofore changed, remains unchanged and in full force and effect.

15A. NAME AND TITLE OF SIGNER 16A. NAME AND TITLE OF CONTRACTING OFFICER

15B. CONTRACTOR/OFFEROR

STANDARD FORM 30 PREVIOUS EDITION NOT USABLE

Prescribed by GSA - FAR (48 CFR) 53.243

(Type or print) (Type or print)

(Organized by UCF section headings, including solicitation/contract subject matter where feasible.)

(Number, street, county, State and ZIP Code)

(If other than Item 6)

(Specify type of modification and authority)

(such as changes in paying office, appropriation date, etc.)

(If required)

(SEE ITEM 11)

(SEE ITEM 13)

(X)

CHECK

ONE

13. THIS ITEM APPLIES ONLY TO MODIFICATIONS OF CONTRACTS/ORDERS,

IT MODIFIES THE CONTRACT/ORDER NO. AS DESCRIBED IN ITEM 14.

11. THIS ITEM ONLY APPLIES TO AMENDMENTS OF SOLICITATIONS

AMENDMENT OF SOLICITATION/MODIFICATION OF CONTRACT

(Signature of person authorized to sign) (Signature of Contracting Officer)

1 46

0003 01-31-2019

580-19-1-5096-0005

None

Department of Veterans Affairs Network Contracting Office 16 Michael E. DeBakey VA Medical Center 2002 Holcombe BLVD Houston TX 77030 4298

Department of Veterans Affairs Network Contracting Office 16 Michael E. DeBakey VA Medical Center 2002 Holcombe BLVD Houston TX 77030 4298

To all Offerors/Bidders

36C256-19-Q-0289 0002

01-10-2019

X x x

** HOUR & DATE for Receipt of Offers is EXTENDED to:

See CONTINUATION Page x 1

The purpose of this amendment is to:

a) post questions and answers (Q&As) see attached Memorandum to all offerors;

b) replace the previous RFQ in its entirety with the attached version. The Performance Work Statement (PWS) has been modified and therefore the contractor is required to utilize the attached amended RFQ.

The contractor shall return a signed copy of this amendment with their Technical Quote to be considered for award. Failure to return a signed copy of this amendment (page 1) may result in the contractor being deemed non-compliant.

POC: Jeneice McClinton, jeneice.mcclinton@va.gov

Jeneice McClinton Contracting Officer

SEE ATTACHMENTS:

ATTACHMENT A Relevant Experience Form ATTACHMENT B Past Performance Worksheet ATTACHMENT C Wage Determination ATTACHMENT 1 Combined Synopsis Solicitation – 36C256-19-Q-0289 Tree Trimming Pruning – MEDVAMC Houston TX ATTACHMENT 2 Map of Trees by Fisher House 1 ATTACHMENT 3 Map of Trees of Parking Garage Area – MEDVAMC Campus ATTACHMENT 4 Map of Trees of Valet Area – MEDVAMC Campus ATTACHMENT 5 Map of Trees on Cambridge – MEDVAMC Campus ATTACHMENT 6 Map of Trees on Holcombe Blvd – MEDVAMC Campus ATTACHMENT 7 Map of Trees on North and South – MEDVAMC Campus

COMBINED SYNOPSIS/SOLICITATION FOR COMMERCIAL ITEMS

General Information Document Type: Combined Solicitation/Synopsis Solicitation Number: 36C256-19-Q-0289 Posted Date: January 11, 2019 Response Date (NLT): January 29, 2019 amended to extend due date to February 7, Response Time (NLT): 9:00am (Central Time) Product or Service Code: S208 (Housekeeping-Landscaping/Groundskeeping) Set Aside: Service Disabled Veteran Owned Small Business

(SDVOSB)

NAICS Code: 561730 (Landscaping) Point of Contract: Only electronic offers will be accepted: Jeneice McClinton, Contracting Officer; Email: jeneice.mcclinton@va.gov

Description

This is a combined synopsis/solicitation for commercial items prepared in accordance with the format in Federal Acquisition Regulation (FAR) subpart 12.6, “Streamlined Procedures for Evaluation and Solicitation for Commercial Items,” as supplemented with additional information included in this notice. This announcement constitutes the only solicitation; quotations are being requested, and a written solicitation document will not be issued. This solicitation is a request for quotations (RFQ). The solicitation document and incorporated provisions and clauses are those in effect through Federal Acquisition Circular FAC 2005-101 (effective 10/26/2018). The associated North American Industrial Classification System (NAICS) code for this procurement is 561730, with a small business size standard of $7.5 million.

SB registration will be verified in System Award Management (SAM) and Small Business Administration (SBA).

Quotes will be considered non-responsive and rejected if the Contracting Officer is not able to verify and view contractor registrations.

The Department of Veterans Affairs (VA) Michael E. DeBakey VA Medical Center (MEDVAMC) in Houston, Texas require furnishing of all labor, tools, equipment, materials, supervision, personnel, transportation and other necessary resources or supplies for tree pruning services which also include deadwood removal. The Government intends to award a firm-fixed price contract; see attached Performance Work Statement for full requirement details.

Period of Performance: 120 days after award

Questions on this combined synopsis/solicitation shall be sent to point of contact listed above by January 24, 2019 at 11:00 a.m. (Central Time). An amendment to this combined synopsis/solicitation will be posted with all questions and answers.

Site Visit is scheduled for January 23, 2019 at 10:30 a.m., Central Time at the Michael E. DeBakey VA Medical Center, Bldg 100, 4th Floor, Network Contracting Office-16, Room 4B-300 Conference Room. Please RSVP by sending an email to jeneice.mcclinton@va.gov . Any potential changes to the Performance Work Statement or questions, noted during the site visit must be submitted in writing by the question due date. The Contracting Officer is the only person that is authorized to change the requirement via an amendment to the RFQ.

All interested companies shall provide quotation(s) for and complete the following:

Section B.1 Contract Administration; B.3 PRICE/COST SCHEDULE ATTACHMENT A Relevant Experience Form ATTACHMENT B Past Performance Questionnaire E.2 ADDENDUM to FAR 52.212-1 INSTRUCTIONS TO OFFERORS—COMMERCIAL ITEMS mailto:jeneice.mcclinton@va.gov

E.7 52.212-3 OFFEROR REPRESENTATIONS AND CERTIFICATIONS

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 36C256 Jeneice McClinton

Department of Veterans Affairs

Network Contracting Office (NCO)-16

Michael E. DeBakey VA Medical Center

2002 Holcombe BLVD

Houston TX 77030 4298

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] Invoice (s) shall be submitted within thirty (30) days after performance and acceptance of services. Payment for services provided under the terms of this contract will be made monthly, in arrears within thirty (30) days after receipt of a properly executed invoice.

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.

FSC e-Invoice Payment http://www.fsc.va.gov/fsc/einvoice.asp

Invoice Setup Information 1-877-489-6135

Invoice must be submitted electronically. At a minimum, all invoices shall include the following details:

• Description of the services rendered

• Billing period in which the services were rendered http://www.fsc.va.gov/fsc/einvoice.asp

• Correct purchase order number which shall be issued by the Contracting Officer after the contract is awarded. Invoices without correct purchase order number shall be rejected and returned to the Contractor.

• Invoice number and date

• Item(s) covered (to include serial #s) by the PMI and covered period of service.

All invoices shall be submitted in arrears, properly prepared in accordance with FAR 52.212-4, contain sufficient details, and match with the service tickets for the work rendered.

a. Invoice(s) shall be submitted within thirty (30) days after performance and acceptance of services.

b. Payment for services provided under the terms of this contract will be made monthly, in arrears within thirty (30) days after receipt of a properly executed invoice.

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

AMENDMENT NO DATE

36C256-19-Q-0289 0001 January 18, 2019 36C256-19-Q-0289 0002 January 25, 2019 36C256-19-Q-0289 0003 January 31, 2019

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

2011) This solicitation includes FAR 52.219-27, Notice of Service-Disabled Veteran-Owned Small Business Set-Aside (NOV 2011) (15 U.S.C. 657f). Accordingly, any contract resulting from this solicitation will include this clause. The contractor is advised in performing contract administration functions, the CO may use the services of a support contractor(s) retained by VA to assist in assessing the contractor's compliance with the limitations on subcontracting or percentage of work performance requirements specified in the clause. To that end, the support contractor(s) may require access to contractor's offices where the contractor's business records or other proprietary data are retained and to review such business records regarding the contractor's compliance with this requirement. All support contractors conducting this review on behalf of VA will be required to sign an “Information Protection and Non-Disclosure and Disclosure of Conflicts of Interest Agreement” to ensure the contractor's business records or other proprietary data reviewed or obtained in the course of assisting the CO in assessing the contractor for compliance are protected to ensure information or data is not improperly disclosed or other impropriety occurs. Furthermore, if VA determines any services the support contractor(s) will perform in assessing compliance are advisory and assistance services as defined in FAR 2.101, Definitions, the support contractor(s) must also enter into an agreement with the contractor to protect proprietary information as required by FAR 9.505-4, obtaining access to proprietary information, paragraph (b). The contractor is required to cooperate fully and make available any records as may be required to enable the CO to assess the contractor's compliance with the limitations on subcontracting or percentage of work performance requirement.

B.3 PRICE/COST SCHEDULE

ITEM INFORMATION

ITEM

NUMBE

R

DESCRIPTION OF

SUPPLIES/SERVICE

S QUANTITY UNIT UNIT PRICE AMOUNT

1.00

JB

The Contractor shall furnish all labor, tools, equipment, materials, supervision, personnel, transportation and other necessary resources or supplies for tree trimming and pruning services including deadwood removal of approximately 725 trees at the Michael E. DeBakey Medical Center in Houston, TX per full requirement details listed in the Performance Work Statement.

3.00

EA

The Contractor shall remove three (3) Oak trees {dead (or dying):

(~9 inches diameter)

5.00

EA

The Contractor shall remove five (5) Bradford Pear {dead (or dying)} trees:

Two (2) trees: ~18 inches diameter;

Three (3) trees: ~9 inches diameter

GRAND

TOTAL

B.4 PERFORMANCE WORK STATEMENT

Performance Work Statement Tree Trimming/ Pruning Services

The Michael E. DeBakey Medical Center in Houston, TX anticipates awarding a firm fixed price contract for tree trimming/pruning services.

Period of Performance: 120 days after award.

Location: 2002 Holcombe Blvd, Houston Texas (Campus wide- The block of Almeda Rd, Holcombe Blvd, Old Spanish Trail and Cambridge)

A.1 DESCRIPTION:

The Contractor shall furnish all labor, tools, equipment, personnel, supervision, materials, supplies, and transportation necessary to provide tree trimming/pruning services of approximately ‘725’ trees under the direction and guidance of an International Society Arboriculture (ISA) Certified Arborist.

All work shall be completed within one-hundred twenty (120) calendar days after contract award; unless weather or other uncontrollable work delays are approved by the Contracting Officer Representative (COR) and Contracting Officer (CO).

A.2 GENERAL REQUIREMENTS

A.2.1 Normal duty hours are from 0800 - 1630, Monday through Friday, excluding Federal Holidays. Contractor access will be provided during this time period. Weekends hours are available and must be coordinated with the COR.

Federal Holidays observed by the VAMC are:

New Year’s Day Dr. Martin Luther King Jr., Day President’s Day Memorial Day Independence Day Labor Day Columbus Day Veteran’s Day Thanksgiving Day Christmas Day “or any other day declared by the President of the United States to be a federal holiday”

A.2.2 Tree Pruning/Deadwood Tree Pruning: Oaks and Bradford Pear:

The contractor shall prune approximately 425 Oak and 85 Bradford Pear trees identified by the COR in accordance with all terms, conditions, specifications and requirements provided herein:

A.2.3 The Contractor shall remove broken, hanging, dead or otherwise potentially dangerous limbs from the tree, 1” minimum. Trees may also be designated for deadwood pruning if they have an abundance of deadwood less than four inches in diameter in their crowns.

(a) A maximum of 20% of live wood shall be removed,

(b) No live wood greater than 4 inches in diameter shall be cut.

(c) Crown reduction for trees adjacent to solar panels, light poles, Fisher House and Hospital Main Entrance. The minimum distance between crown and structure shall be no less than 5 ft. See attachment CR.

(d) Tree Removal: Eight (8) trees marked for removal. The contractor shall remove tree and grind stomp to a minimum of six (6) inches below surface. Job site shall be cleaned.

(e) Tree Type Dimension No. of Tree Oak ~9 inches diameter 3 Bradford Pear (2) ~18 inches diameter, (3)

9 inches diameter

(f) The contractor shall Not use TAR or Paint on fresh cuts

(g) The contractor shall at no time leave any branches or tree limbs dropped to the ground. The Contractor shall be responsible for any damage to the grass, sidewalk, windows, walls, roads, and drainage.

a) The contractor shall remove all wood chip particles and debris from tree removal / pruning and debris shall be cleaned up thoroughly and removed from premises daily. The Contractor shall take every precaution to prevent any falling branches or trees from damaging any roadways, adjacent plant material or structures.

b) All portions of the trunk and any tree limbs or branches over 3 ½ inches in diameter must be lowered to the ground by crane or ropes and shall not be dropped.

A.2.4 Tree Pruning/Deadwood Tree Pruning: Myrtle Trees (205)

(a) Enhance shape, remove suckers/water sprouts

(b) Canopy style on top (No flat Top)

(c) Reduce number of stems

(d) The contractor shall Not use TAR or Paint on fresh cuts

Utility Lines Compliance: The Contractor shall obtain all necessary permits and cooperate with the utility company to avoid any damage or liability. The contractor shall exercise caution where pruning / stump grinding / tree removal conflicts with existing utility service lines (above or below ground), in the event conflict arise, the Contractor shall notify COR and the appropriate utility company.

A.3.2 Debris & Waste Removal: The contractor shall remove all debris of pruning, trimming cuts, tree limbs, dead branches, bush, shrub, hedge clippings from MEVAMC campus. The contractor shall remove stump grinding, soil and seeding of stump cavities and other debris from the job site resulting from the work at the end of each day. The Contractor shall ensure at all times that debris and waste generated by the Contractor is kept clear of vehicular and pedestrian traffic throughout the site. The Contractor must coordinate with the COR and VA Police for staging area to be made available.

NOTE: The Government is not responsible for providing receptacle(s) for disposal of debris. The Contractor must provide receptacle(s) for disposal of debris related to this service.

A.3.3 Wildlife: Contractor and contractor employees at no time shall interfere with wildlife, to include nest of any source.

i.e., hawks, owls, crane, etc.

A.4 CONTRACT MANAGEMENT

A.4.1 Site Manager: A “Certified Arborist (CA)” shall serve as the “site manager”. The Certified Arborist must have at least three (3) years of satisfactory experience performing the same or similar ground maintenance service or as a direct supervisor of a commercial tree maintenance operation that has included large shade tree removal, tree pruning and stump grinding/removal in industrial, commercial or public sites and must be certified by International Society of Arboriculture. The Certified Arborist will ensure all specifications are met and ensure contract work does not conflict with traffic, patients or employees. The CA shall be able to read, write, speak and understand English efficiently.

A.4.2 Representatives of the Contracting Officer: The VA Contracting Officer will designate one (or more) representatives to serve as the Contracting Officer’s Representative (COR). Such designation will be in writing and will define the scope and limitations of the designee's authority. A copy of the designation(s) shall be furnished to the Contractor at time of award.

The COR is responsible for furnishing technical guidance and advice. Duties and responsibilities of the COR include, but are not limited to, the following:

(i) Provides contract oversight and technical guidance to the Contractor.

(ii) Acts as technical liaison between the Michael E. DeBakey Medical Center and the Contractor and between the Michael E. DeBakey Medical Center and the Contracting Officer. (Note: The COR may not modify the intent or the terms and conditions of the contract.)

(iii) Determining whether contract deliverables meet functional, technical and performance specifications.

(iv) Verification / certification of payments to the Contractor for services rendered.

(v) Assuring that any changes effecting work involved, price, terms and/or conditions under the contract are not implemented before written authorization is issued by the Contracting Officer.

A.5 RESPONSIBILITIES & STANDARDS OF CONDUCT

(a) Personnel Requirement: The Contractor shall ensure that all employees have knowledge of tools, equipment and techniques necessary to perform the work in this PWS. The Contractor shall provide a Certified Arborist who shall be responsible for managing the performance of the work. The CA shall have a full authority to act for the Contractor on all contract matters relating to operation of this contract.

(b) The Contractor shall be aware of the intensive labor and equipment requirements needed to meet contract specifications. Inclement weather - other than prolonged snow cover or unusual amounts of rain will not be considered an excusable delay in meeting specifications.

(c) The Contractor shall be responsible for training and safety precautions for contractor employees performing work under these specifications. Occupational Safety and Health Administration (OSHA) standards shall be observed by the Contractor in all work performed.

(d) The Contractor shall be responsible for furnishing appropriate safety equipment to the contractor personnel and shall be used as prescribed by OSHA standards, including hard hats, safety shoes, safety glasses, and hearing protection devices.

(e) The Contractor shall provide adequate safety warning devices, barricades and cover boards, etc., at all work sites to eliminate hazards from public visitors and employees.

(f) The Contractor shall immediately correct all safety deficiencies upon notification of the deficiencies by the Contracting Officer’s Representative (COR) and shall notify the COR of the corrective action to be taken. The Contractor shall be responsible for ensuring that all equipment that is utilized during the performance of this contract is functional and is used in a safe manner.

(g) All riding mowers, rotary push mowers, edges, and other hazardous equipment shall be operated with personal safety gear. Proper personal safety gear includes, but is not limited to, hard leather shoes or boots (no tennis shoes or sandals), gloves, hearing protection, and eye protection. If a lawn mower is not equipped with a back drag plate, then steel shoes shall be required.

(h) The Contractor shall submit a safety plan with technical quote and submit to the COR for review within 30 days after contract award.

(i) At the end of each day, the Contractor shall remove all debris from the VAMC campus. At all times rubbish and trash generated by the Contractor shall be kept clear of vehicular and pedestrian traffic throughout the site.

(j) Accident Reporting Requirements: The Contractor shall report all "on-the-job" injuries incurred by the

Contractor, its agents or employees, resulting from performance of this contract. Contractor will notify the COR (either orally or via telephone) within twenty-four (24) hours of the injury and provide details and exact location of the incident:

Contract number and contract name/description.

Name of Contractor Date/time of accident Date report was completed Detail description of events that lead to the accident Root cause of accident Contributing factors of accident Corrective action(s) to prevent recurrence

The contractor shall follow up reporting accident by a written notice to the COR. Any Contractor (including its agents and employees) that knowingly files a false claim may be criminally prosecuted.

THE FOLLOWING REQUIRE IMMEDIATE ACCIDENT NOTIFICATION AND WRITTEN ACCIDENT

REPORT:

A fatality;

A permanent total or permanent partial disability;

The hospitalization of one or more people resulting from a single occurrence;

Property damage of $200 or more.

Accidents/injuries resulting in one or more loss workday(s).

(k) Records and Reports. The Contractor shall furnish a daily report of work completed. The report shall show each task completed and the area in which the work was performed. The report shall be submitted to the COR electronically or in writing legibly by 0900 hours of the next working day.

(l) Workmanship. Workmanship shall be in accordance with the requirements specified herein. The Contractor shall at all times keep the areas where work is being performed, including any areas used by them, free of accumulations of waste material or rubbish. Prior to completion of the work or at the end of the work day, the Contractor shall remove from the work area all rubbish, tools, equipment, and materials that are not the property of the Government. Upon completion of the workday, the Contractor shall leave the work area in a clean and orderly condition.

(m) Transportation. Transportation of personnel tools, equipment, and materials to and from the work area shall be the responsibility of the Contractor.

A.5.2 Standards of Employee Conduct: Contractor and contractor personnel are required to adhere to the following standards of dress and conduct while performing work in the Michael E. DeBakey Medical Center grounds.

a) Shall be fully clothed at all times, to include long slacks or pants and shirt, buttoned up from neck to waist.

Clothing shall be clean each day. Shoes/boots will have no holes or loose soles. Steel-toed shoes will be required in accordance with Occupational Safety and Health Administration (OSHA).

b) The Government has the right to restrict the employment under the contract of any Contractor employee, or prospective Contractor employee, who is identified as a potential threat to the health, safety, security, or general well being of the installation and its population.

A.5.3 Liability & Indemnification

(a) The Contractor shall possess and maintain all necessary insurance, licenses and permits required for contract performance. Contractor is responsible for any injury to himself/herself, his/her employees, as well as for any damage to personal or public property that occurs during the performance of this contract that is caused by his/her employees fault or negligence, and shall maintain personal liability and property damage insurance having coverage for a limit as required by the laws of the State of Texas and submit proof or general liability insurance prior to award.

(b) The Contractor shall be liable for any damage to personal or public property that occurs during the performance of this contract that is caused by him/her or his/her employees' fault or negligence.

A.6 Performance Standards and Quality Measurement.

A.6.1 Quality Assurance: The Government will develop a Quality Assurance Surveillance Plan (QASP) to actively monitor the contractor’s execution of his Quality Control Program. It defines how the performance standards will be applied, the frequency of surveillance, and the minimum acceptable quality level(s) (AQL). Government surveillance of Contractor performance is not limited to the Performance Objectives as outlined in this PWS. The Government reserves the right to conduct compliance surveillance of any contractual requirement of this acquisition.

A.6.2 The Government reserves the right to inspect the Contractor’s performance. The Government will record all surveillance observations. When an observation indicates defective performance, the COR will request the Contactor’s representative to initial the observation.

A.6.3 Performance Rating: Contracting Officer’s representative (COR) will evaluate Contractor’s performance based on performance standards provided in this PWS. Contractor’s performance rating will be prepared and submitted to the contracting officer after completion of contract.

A.7 CONTRACTOR FURNISHED ITEMS AND RESPONSIBILITIES:

A.7.1. The Contractor shall furnish everything required to perform the service included in this Performance Work Statement (PWS). This includes, but is not limited to, all supervision, equipment, vehicles, labor and materials necessary to perform the work as required by the contract.

A.7.2. The Contractor’s equipment shall be in good operational condition and have the ability to operate efficiently and safely. The Contractor shall provide a list of equipment and tools proposed under this contract to the COR within 14 days after contract award. The Contractor shall not use any items which are not approved by the COR in performance of ground maintenance services.

A.8 GOVERNMENT FURNISHED ITEMS AND SERVICES:

The Government will not furnish any items, materials or services for this contract.

A.9 INVOICES: Invoices shall be submitted in arrears:

A.9.1 Invoice(s) shall be submitted within thirty (30) days after performance and acceptance of services.

A.9.2 Payment for services provided under the terms of this order will be made monthly, in arrears within thirty (30) days after receipt of a properly executed invoice.

(End of Performance Work Statement)

SECTION C - CONTRACT CLAUSES

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

ITEMS

Clauses that are incorporated by reference (by Citation Number, Title, and Date), have the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available.

The following clauses are incorporated into 52.212-4 as an addendum to this contract:

C.1 52.252-2 CLAUSES INCORPORATED BY REFERENCE (FEB 1998)

This contract incorporates one or more clauses by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. Also, the full text of a clause may be accessed electronically at this/these address(es):

http://www.acquisition.gov/far/index.html http://www.va.gov/oal/library/vaar/

FAR

Number

Title Date

52.204-18 COMMERCIAL AND GOVERNMENT ENTITY CODE

MAINTENANCE

JUL 2016

52.228-5 INSURANCE—WORK ON A GOVERNMENT

INSTALLATION

JAN 1997

52.232-18 AVAILABILITY OF FUNDS APR 1984

52.232-40 PROVIDING ACCELERATED PAYMENTS TO SMALL

BUSINESS SUBCONTRACTORS

DEC 2013

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

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

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

(a) The Government may extend the term of this contract by written notice to the Contractor within 30 days; provided that the Government gives the Contractor a preliminary written notice of its intent to extend at least 60 days before the contract expires. The preliminary notice does not commit the Government to an extension.

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

(c) The total duration of this contract, including the exercise of any options under this clause, shall not exceed 120 days unless weather or other uncontrollable work delays are approved by the Contracting Officer Representative (COR) and Contracting Officer (CO) .

C.4 SUPPLEMENTAL INSURANCE REQUIREMENTS

In accordance with FAR 28.307-2 and FAR 52.228-5, the following minimum coverage shall apply to this contract:

(a) Workers' compensation and employers liability: Contractors are required to comply with applicable Federal and State workers' compensation and occupational disease statutes. If occupational diseases are not compensable under those statutes, they shall be covered under the employer's liability section of the insurance policy, except when contract operations are so commingled with a Contractor's commercial operations that it would not be practical to require this coverage. Employer's liability coverage of at least $100,000 is required, except in States with exclusive or monopolistic funds that do not permit workers' compensation to be written by private carriers.

(b) General Liability: $500,000.00 per occurrences.

(c) Automobile liability: $200,000.00 per person; $500,000.00 per occurrence and $20,000.00 property damage.

(d) The successful bidder must present to the Contracting Officer, prior to award, evidence of general liability insurance without any exclusionary clauses for asbestos that would void the general liability coverage.

C.5 52.237-1 SITE VISIT (APR 1984)

Offerors or quoters are urged and expected to inspect the site where services are to be performed and to satisfy themselves regarding all general and local conditions that may affect the cost of contract performance, to the extent that the information is reasonably obtainable. In no event shall failure to inspect the site constitute grounds for a claim after contract award.

C.6 VAAR 852.203-70 COMMERCIAL ADVERTISING (MAY 2018)

The Contractor shall not make reference in its commercial advertising to Department of Veterans Affairs contracts in a manner that states or implies the Department of Veterans Affairs approves or endorses the Contractor’s products or services or considers the Contractor’s products or services superior to other products or services.

C.7 VAAR 852.232-72 ELECTRONIC SUBMISSION OF PAYMENT REQUESTS (NOV 2012)

(a) Definitions. As used in this clause—

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

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

(3) Electronic form means an automated system transmitting information electronically according to the

Accepted electronic data transmission methods and formats identified in paragraph (c) of this clause. Facsimile, email, and scanned documents are not acceptable electronic forms for submission of payment requests.

(4) Invoice payment has the meaning given in FAR 32.001.

(5) Payment request means any request for contract financing payment or invoice payment submitted by the contractor under this contract.

(b) Electronic payment requests. Except as provided in paragraph (e) of this clause, the contractor shall submit payment requests in electronic form. Purchases paid with a Government-wide commercial purchase card are considered to be an electronic transaction for purposes of this rule, and therefore no additional electronic invoice submission is required.

(c) Data transmission. A contractor must ensure that the data transmission method and format are through one of the following:

(1) VA’s Electronic Invoice Presentment and Payment System. (See Web site at http://www.fsc.va.gov/einvoice.asp.)

(2) Any system that conforms to the X12 electronic data interchange (EDI) formats established by the Accredited Standards Center (ASC) and chartered by the American National Standards Institute (ANSI). The X12 EDI Web site (http://www.x12.org) includes additional information on EDI 810 and 811 formats.

(d) Invoice requirements. Invoices shall comply with FAR 32.905.

(e) Exceptions. If, based on one of the circumstances below, the contracting officer directs that payment requests be made by mail, the contractor shall submit payment requests by mail through the United States Postal Service to the designated agency office. Submission of payment requests by mail may be required for:

(1) Awards made to foreign vendors for work performed outside the United States;

(2) Classified contracts or purchases when electronic submission and processing of payment requests could compromise the safeguarding of classified or privacy information;

(3) Contracts awarded by contracting officers in the conduct of emergency operations, such as responses to national emergencies;

(4) Solicitations or contracts in which the designated agency office is a VA entity other than the VA Financial Services Center in Austin, Texas; or

(5) Solicitations or contracts in which the VA designated agency office does not have electronic invoicing capability as described above.

C.8 VAAR 852.237-70 CONTRACTOR RESPONSIBILITIES (APR 1984)

The contractor shall obtain all necessary licenses and/or permits required to perform this work. He/she shall take all reasonable precautions necessary to protect persons and property from injury or damage during the performance of this contract. He/she shall be responsible for any injury to himself/herself, his/her employees, as well as for any damage to personal or public property that occurs during the performance of this contract that is caused by his/her employees fault or negligence, and shall maintain personal liability and property damage insurance having coverage for a limit as required by the laws of the State of . Further, it is agreed that any negligence of the Government, its officers, agents, servants and employees, shall not be the responsibility of the contractor hereunder with the regard to any claims, loss, damage, injury, and liability resulting there from.

(End of Clause)

(End of Addendum to 52.212-4)

C.9 52.212-5 CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT

STATUTES OR EXECUTIVE ORDERS—COMMERCIAL ITEMS (JAN 2018)

(a) The Contractor shall comply with the following Federal Acquisition Regulation (FAR) clauses, which are incorporated in this contract by reference, to implement provisions of law or Executive orders applicable to acquisitions of commercial items:

(1) 52.203-19, Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements (JAN 2017) (section 743 of Division E, Title VII, of the Consolidated and Further Continuing Appropriations Act, 2015 (Pub. L. 113-235) and its successor provisions in subsequent appropriations acts (and as extended in continuing resolutions)).

(2) 52.209-10, Prohibition on Contracting with Inverted Domestic Corporations (NOV 2015).

(3) 52.233-3, Protest After Award (Aug 1996) (31 U.S.C. 3553).

(4) 52.233-4, Applicable Law for Breach of Contract Claim (Oct 2004) (Public Laws 108-77 and 108-78 (19 U.S.C.

3805 note)).

(b) The Contractor shall comply with the FAR clauses in this paragraph (b) that the Contracting Officer has indicated as being incorporated in this contract by reference to implement provisions of law or Executive orders applicable to acquisitions of commercial items:

[X] (1) 52.203-6, Restrictions on Subcontractor Sales to the Government (Sept 2006), with Alternate I (Oct 1995) (41 U.S.C. 4704 and 10 U.S.C. 2402).

[] (2) 52.203-13, Contractor Code of Business Ethics and Conduct (OCT 2015) (41 U.S.C. 3509).

[] (3) 52.203-15, Whistleblower Protections under the American Recovery and Reinvestment Act of 2009 (JUN 2010) (Section 1553 of Pub. L. 111-5). (Applies to contracts funded by the American Recovery and Reinvestment Act of 2009.)

[X] (4) 52.204–10, Reporting Executive Compensation and First-Tier Subcontract Awards (OCT 2016) (Pub. L. 109–

282) (31 U.S.C. 6101 note).

[] (5) [Reserved]

[X] (6) 52.204–14, Service Contract Reporting Requirements (OCT 2016) (Pub. L. 111–117, section 743 of Div. C).

[] (7) 52.204–15, Service Contract Reporting Requirements for Indefinite-Delivery Contracts (OCT 2016) (Pub. L.

111–117, section 743 of Div. C).

[X] (8) 52.209-6, Protecting the Government's Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment. (OCT 2015) (31 U.S.C. 6101 note).

[X] (9) 52.209-9, Updates of Publicly Available Information Regarding Responsibility Matters (Jul 2013) (41 U.S.C.

2313).

[] (10) [Reserved]

[] (11)(i) 52.219-3, Notice of HUBZone Set-Aside or Sole-Source Award (NOV 2011) (15 U.S.C. 657a).

[] (ii) Alternate I (NOV 2011) of 52.219-3.

[X] (12)(i) 52.219-4, Notice of Price Evaluation Preference for HUBZone Small Business Concerns (OCT 2014) (if the offeror elects to waive the preference, it shall so indicate in its offer) (15 U.S.C. 657a).

[] (ii) Alternate I (JAN 2011) of 52.219-4.

[] (13) [Reserved]

[] (14)(i) 52.219-6, Notice of Total Small Business Set-Aside (NOV 2011) (15 U.S.C. 644).

[] (ii) Alternate I (NOV 2011).

[] (iii) Alternate II (NOV 2011).

[] (15)(i) 52.219-7, Notice of Partial Small Business Set-Aside (June 2003) (15 U.S.C. 644).

[] (ii) Alternate I (Oct 1995) of 52.219-7.

[] (iii) Alternate II (Mar 2004) of 52.219-7.

[X] (16) 52.219-8, Utilization of Small Business Concerns (NOV 2016) (15 U.S.C. 637(d)(2) and (3)).

[X] (17)(i) 52.219-9, Small Business Subcontracting Plan (JAN 2017) (15 U.S.C. 637(d)(4)).

[] (ii) Alternate I (NOV 2016) of 52.219-9.

[] (iii) Alternate II (NOV 2016) of 52.219-9.

[] (iv) Alternate III (NOV 2016) of 52.219-9.

[] (v) Alternate IV (NOV 2016) of 52.219-9.

[] (18) 52.219-13, Notice of Set-Aside of Orders (NOV 2011) (15 U.S.C. 644(r)).

[X] (19) 52.219-14, Limitations on Subcontracting (JAN 2017) (15 U.S.C. 637(a)(14)).

[] (20) 52.219-16, Liquidated Damages—Subcontracting Plan (Jan 1999) (15 U.S.C. 637(d)(4)(F)(i)).

[X] (21) 52.219-27, Notice of Service-Disabled Veteran-Owned Small Business Set-Aside (NOV 2011) (15 U.S.C.

657f).

[X] (22) 52.219-28, Post Award Small Business Program Rerepresentation (Jul 2013) (15 U.S.C 632(a)(2)).

[] (23) 52.219-29, Notice of Set-Aside for, or Sole Source Award to, Economically Disadvantaged Women-Owned Small Business Concerns (DEC 2015) (15 U.S.C. 637(m)).

[] (24) 52.219-30, Notice of Set-Aside for, or Sole Source Award to, Women-Owned Small Business Concerns Eligible Under the Women-Owned Small Business Program (DEC 2015) (15 U.S.C. 637(m)).

[X] (25) 52.222-3, Convict Labor (June 2003) (E.O. 11755).

[] (26) 52.222–19, Child Labor—Cooperation with Authorities and Remedies (JAN 2018) (E.O. 13126).

[X] (27) 52.222-21, Prohibition of Segregated Facilities (APR 2015).

[X] (28) 52.222–26, Equal Opportunity (SEP 2016) (E.O. 11246).

[X] (29) 52.222-35, Equal Opportunity for Veterans (OCT 2015) (38 U.S.C. 4212).

[X] (30) 52.222-36, Equal Opportunity for Workers with Disabilities (JUL 2014) (29 U.S.C. 793).

[X] (31) 52.222-37, Employment Reports on Veterans (FEB 2016) (38 U.S.C. 4212).

[X] (32) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (DEC 2010) (E.O.

13496).

[X] (33)(i) 52.222-50, Combating Trafficking in Persons (MAR 2015) (22 U.S.C. chapter 78 and E.O. 13627).

[] (ii) Alternate I (MAR 2015) of 52.222-50 (22 U.S.C. chapter 78 and E.O. 13627).

[X] (34) 52.222-54, Employment Eligibility Verification (OCT 2015). (E. O. 12989). (Not applicable to the acquisition of commercially available off-the-shelf items or certain other types of commercial items as prescribed in 22.1803.)

[] (35)(i) 52.223-9, Estimate of Percentage of Recovered Material Content for EPA-Designated Items (May 2008) (42 U.S.C.6962(c)(3)(A)(ii)). (Not applicable to the acquisition of commercially available off-the-shelf items.)

[] (ii) Alternate I (MAY 2008) of 52.223-9 (42 U.S.C. 6962(i)(2)(C)). (Not applicable to the acquisition of commercially available off-the-shelf items.)

[] (36) 52.223-11, Ozone-Depleting Substances and High Global Warming Potential Hydrofluorocarbons (JUN 2016) (E.O. 13693).

[] (37) 52.223-12, Maintenance, Service, Repair, or Disposal of Refrigeration Equipment and Air Conditioners (JUN 2016) (E.O. 13693).

[] (38)(i) 52.223-13, Acquisition of EPEAT®-Registered Imaging Equipment (JUN 2014) (E.O.s 13423 and 13514).

[] (ii) Alternate I (OCT 2015) of 52.223-13.

[] (39)(i) 52.223-14, Acquisition of EPEAT®-Registered Televisions (JUN 2014) (E.O.s 13423 and 13514).

[] (ii) Alternate I (JUN 2014) of 52.223-14.

[] (40) 52.223-15, Energy Efficiency in Energy-Consuming Products (DEC 2007)(42 U.S.C. 8259b).

[] (41)(i) 52.223-16, Acquisition of EPEAT®-Registered Personal Computer Products (OCT 2015) (E.O.s 13423 and 13514).

[] (ii) Alternate I (JUN 2014) of 52.223-16.

[X] (42) 52.223-18, Encouraging Contractor Policies to Ban Text Messaging While Driving (AUG 2011)

[] (43) 52.223-20, Aerosols (JUN 2016) (E.O. 13693).

[] (44) 52.223-21, Foams (JUN 2016) (E.O. 13693).

[] (45) (i) 52.224-3, Privacy Training (JAN 2017) (5 U.S.C. 552a).

[] (ii) Alternate I (JAN 2017) of 52.224-3.

[] (46) 52.225-1, Buy American—Supplies (MAY 2014) (41 U.S.C. chapter 83).

[] (47)(i) 52.225-3, Buy American—Free Trade Agreements—Israeli Trade Act (MAY 2014) (41 U.S.C. chapter 83, 19 U.S.C. 3301 note, 19 U.S.C. 2112 note, 19 U.S.C. 3805 note, 19 U.S.C. 4001 note, Pub. L. 103-182, 108-77, 108-78, 108-286, 108-302, 109-53, 109-169, 109-283, 110-138, 112-41, 112-42, and 112-43.

[] (ii) Alternate I (MAY 2014) of 52.225-3.

[] (iii) Alternate II (MAY 2014) of 52.225-3.

[] (iv) Alternate III (MAY 2014) of 52.225-3.

[] (48) 52.225–5, Trade Agreements (OCT 2016) (19 U.S.C. 2501, et seq., 19 U.S.C. 3301 note).

[X] (49) 52.225-13, Restrictions on Certain Foreign Purchases (JUN 2008) (E.O.'s, proclamations, and statutes administered by the Office of Foreign Assets Control of the Department of the Treasury).

[] (50) 52.225–26, Contractors Performing Private Security Functions Outside the United States (OCT 2016) (Section 862, as amended, of the National Defense Authorization Act for Fiscal Year 2008; 10 U.S.C. 2302 Note).

[] (51) 52.226-4, Notice of Disaster or Emergency Area Set-Aside (Nov 2007) (42 U.S.C. 5150).

[] (52) 52.226-5, Restrictions on Subcontracting Outside Disaster or Emergency Area (Nov 2007) (42 U.S.C. 5150).

[] (53) 52.232-29, Terms for Financing of Purchases of Commercial Items (Feb 2002) (41 U.S.C. 4505, 10 U.S.C.

2307(f)).

[] (54) 52.232-30, Installment Payments for Commercial Items (JAN 2017) (41 U.S.C. 4505, 10 U.S.C. 2307(f)).

[X] (55) 52.232-33, Payment by Electronic Funds Transfer—System for Award Management (Jul 2013) (31 U.S.C.

3332).

[] (56) 52.232-34, Payment by Electronic Funds Transfer—Other than System for Award Management (Jul 2013) (31 U.S.C. 3332).

[] (57) 52.232-36, Payment by Third Party (MAY 2014) (31 U.S.C. 3332).

[] (58) 52.239-1, Privacy or Security Safeguards (Aug 1996) (5 U.S.C. 552a).

[X] (59) 52.242-5, Payments to Small Business Subcontractors (JAN 2017)(15 U.S.C. 637(d)(12)).

[] (60)(i) 52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels (Feb 2006) (46 U.S.C. Appx.

1241(b) and 10 U.S.C. 2631).

[] (ii) Alternate I (Apr 2003) of 52.247-64.

(c) The Contractor shall comply with the FAR clauses in this paragraph (c), applicable to commercial services, that the Contracting Officer has indicated as being incorporated in this contract by reference to implement provisions of law or Executive orders applicable to acquisitions of commercial items:

[] (1) 52.222-17, Nondisplacement of Qualified Workers (MAY 2014) (E.O. 13495).

[X] (2) 52.222-41, Service Contract Labor Standards (MAY 2014) (41 U.S.C. chapter 67).

[X] (3) 52.222-42, Statement of Equivalent Rates for Federal Hires (MAY 2014) (29 U.S.C. 206 and 41 U.S.C. chapter 67).

Employee Class Monetary Wage-Fringe Benefits

[X] (4) 52.222-43, Fair Labor Standards Act and Service Contract Labor Standards—Price Adjustment (Multiple Year and Option Contracts) (MAY 2014) (29 U.S.C. 206 and 41 U.S.C. chapter 67).

[] (5) 52.222-44, Fair Labor Standards Act and Service Contract Labor Standards—Price Adjustment (MAY 2014) (29 U.S.C 206 and 41 U.S.C. chapter 67).

[] (6) 52.222-51, Exemption from Application of the Service Contract Labor Standards to Contracts for Maintenance, Calibration, or Repair of Certain Equipment—Requirements (MAY 2014) (41 U.S.C. chapter 67).

[] (7) 52.222-53, Exemption from Application of the Service Contract Labor Standards to Contracts for Certain Services—Requirements (MAY 2014) (41 U.S.C. chapter 67).

[X] (8) 52.222-55, Minimum Wages Under Executive Order 13658 (DEC 2015).

[X] (9) 52.222-62, Paid Sick Leave Under Executive Order 13706 (JAN 2017) (E.O. 13706).

[] (10) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations (MAY 2014) (42 U.S.C. 1792).

[] (11) 52.237-11, Accepting and Dispensing of $1 Coin (SEP 2008) (31 U.S.C. 5112(p)(1)).

(d) Comptroller General Examination of Record. The Contractor shall comply with the provisions of this paragraph (d) if this contract was awarded using other than sealed bid, is in excess of the simplified acquisition threshold, and does not contain the clause at 52.215-2, Audit and Records—Negotiation.

(1) The Comptroller General of the United States, or an authorized representative of the Comptroller General, shall have access to and right to examine any of the Contractor's directly pertinent records involving transactions related to this contract.

(2) The Contractor shall make available at its offices at all reasonable times the records, materials, and other evidence for examination, audit, or reproduction, until 3 years after final payment under this contract or for any shorter period specified in FAR Subpart 4.7, Contractor Records Retention, of the other clauses of this contract. If this contract is completely or partially terminated, the records relating to the work terminated shall be made available for 3 years after any resulting final termination settlement. Records relating to appeals under the disputes clause or to litigation or the settlement of claims arising under or relating to this contract shall be made available until such appeals, litigation, or claims are finally resolved.

(3) As used in this clause, records include books, documents, accounting procedures and practices, and other data, regardless of type and regardless of form. This does not require the Contractor to create or maintain any record that the Contractor does not maintain in the ordinary course of business or pursuant to a provision of law.

(e)(1) Notwithstanding the requirements of the clauses in paragraphs (a), (b), (c), and (d) of this clause, the Contractor is not required to flow down any FAR clause, other than those in this paragraph (e)(1) in a subcontract for commercial items. Unless otherwise indicated below, the extent of the flow down shall be as required by the clause—

(i) 52.203-13, Contractor Code of Business Ethics and Conduct (OCT 2015) (41 U.S.C. 3509).

(ii) 52.203-19, Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements (JAN 2017) (section 743 of Division E, Title VII, of the Consolidated and Further Continuing Appropriations Act, 2015 (Pub. L. 113-

235) and its successor provisions in subsequent appropriations acts (and as…