36C25922Q0173 0001.docx

36C25922Q0173 0001

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 NUMBERE

D 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 amendmen t, 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) 03-09-2022 36C259 Department of Veterans Affairs Network Contracting Office

NCO 19

6162 South Willow Drive, Suite 300 Greenwood Village CO 80111 36C259 Department of Veterans Affairs Network Contracting Office

NCO 19

6162 South Willow Drive, Suite 300 Greenwood Village CO 80111 To all Offerors/Bidders

36C25922Q0173 03-03-2022

X X

X one The purpose of this RFQ amendment is to provide the following instructions to vendors.

1. Review the vendor questions and answers on the followingpage.

2. Replace PWS of the RFQ in its entirety with the following PWS. Background is removed & Purpose is r evised.

3. Replace Section C of the RFQ in its entirety with the following Section C. Formatting changes have been made as well as updated clauses inserted by reference, namely FAR clauses 52.222-50 and 52.222-55. The outdated clauses that were ch ecked in FAR clause 52.212-5 have been unchecked.

All other items remain unchanged.

Monica Gary Contracting Officer

VENDOR QUESTIONS AND ANSWERS

1. QUESTION: Reference Paragraph 1 subparagraph d. Turf must be maintained in a green condition throughout the year (with exclusion to the snow season) without holes or brown patches.

Since the period of performance is depicted as April through October, is it safe to say the snow season is after October and running to the beginning of April?

ANSWER: Vendors are expected to be familiar with Oklahoma’s weather patterns. The service requirement periods are outlined in the Price Schedule and commence in March each year. The Government weather web page is available for vendors to view historic snow fall in Muskogee, OK.

2. QUESTION:

Flower Beds (mulch areas)

a. The VA Health Care System may undergo changes in the plants that are on site during this contract. The Contractor is to expect plants will remain or be added in existing flowerbeds and containers. In addition one or two trees will be added annually, from time to time, during the performance period. Anything above two trees, the CO will inform the Contractor of changes in plants (including trees) in the lawn/turf areas (non-flowerbeds/non-mulch areas).

· b. Any new plants in the flowerbeds will be maintained by the Contractor under this contract are the existing beds which already have plants in them, some area have beds but no plants should the contractor consider these beds for maintenance?

ANSWER: please refer to the Purpose of the PWS as well as all references to beds and flower beds in the Tasks and Requirements table of the PWS. The PWS has been revised and is included in this amendment.

3. QUESTION: with the increase cost an uncertainty of fuel will the government consider a fuel surcharge or should contractors submit multiple quotes based on expected fuel cost?

ANSWER: No, the government will not consider additional charges or allowances outside the current Price Schedule.

With regards to the question on multiple quotes, please refer to the criteria and evaluation process in FAR provision 52.212-2, specifically (c), as well as the instructions in the addendum of FAR provision 52.212-1, under the IMPORTANT NOTE in the Price section.

B.5 PERFORMANCE WORK STATEMENT

PURPOSE:

Oklahoma City VA Health Care System requires a contractor to perform grounds maintenance services with the intent of ensuring the grounds are well-manicured, clean, and safe throughout the areas identified in the PWS. Contractor grounds services must contribute to a visual and aesthetic appeal, for all VA visitors and staff, while ensuring cost effectiveness and service efficiency, in support of the VA Mission.

The Contractor shall furnish all contract oversight, management, Technically Trained Personnel, uniforms, equipment, tools, materials, supplies, storage, insurances and transportations necessary to provide commercial Grounds Maintenance Services for OKC VAHCS in accordance with this PWS. This is a non-personal services contract. The Contractor, its employees, agents and subcontractors shall not be considered VA employees for any purpose of fulfilling the PWS and shall be considered employees of the Contractor. For a contract of this size, scope and complexity, the successful Contractor must perform in a professional manner as recognized by commercial industry standards as good to excellent.

All contract services will be performed at the following location and during the periods of performance, as well as the terms and conditions stated within this Performance Work Statement (PWS).

PERIOD OF PERFORMANCE: Refer to the Price Schedule for the services months at each location during each contract period of performance.

LOCATION OF PERFORMANCE:

Oklahoma City VA Health Care System (OKC VAHCS) 921 NE 13th St.

Oklahoma City, OK 73104

Lawton (Main) 4303 Pitman St.

Ft Sill, OK. 73503

Lawton North 2640 Miner Rd.

Ft. Sill, OK. 73503

TASKS AND REQUIREMENTS

The Oklahoma City VA Health Care System in Oklahoma City is approximately fourteen acre campus. (bounded on the north by NE 16th St, bounded on the east by N Kelley Ave, bounded on the south by NE 13th St, and bounded on the west by McMechan Pkwy). The Lawton /Ft. Sill VA has two Clinics. First one Lawton (Main) is approximately 3.25 acres located on Ft. Sill, Oklahoma (southeast of Thomas St and Pitman St located at the northwest corner of Reynolds Army Health Clinic). The second one is Lawton North and is approximately 4 acres. Contractor must ensure each Requirement and each Desired Outcome listed in this PWS is satisfied and that Constraints are honored and respected with the intent of successfully achieving the Purpose of this PWS. If the contractor has any conflicts or challenges with these they should consult the COR or CO. The atriums inside OKC VAHCS on the ground floor are included in this contract.

Page 1 of

GROUNDS MAINTENANCE

1. CHEMICALS - pre-emergent for the prevention of crabgrass must be in accordance with VA allowable chemicals

1. GRASS CLIPPINGS AND DEBRIS from leaf blowing must not be blown onto cars.

1. Turf must be maintained in a green condition throughout the year (with exclusion to the snow season) without holes or brown patches.

1. Bruising, scalping or rough cutting of turf is not permitted.

1. All grass clippings shall be removed or mulched to show no visible signs.

1. Care shall be taken to avoid damage to tree trunks, shrubs, sprinklers and other structures when trimming. All damages shall be reported to the COR, and the Contractor shall promptly make the necessary repairs at no cost to the VA.

1. To ensure the lawns meet the Desired Outcome in this PWS, the contractor may consider the following at their discretion:

1. Use of hoses and portable sprinklers to supplement the existing sprinkler system where necessary. [NOTE: The current sprinkler system functionality cannot be relied upon unless the COR provides written notice to the Contractor. If and when the sprinkler and irrigation system is functioning the responsibility for managing its settings and controls remains with the COR.]

1. Aerating, reseeding, or removing and replacing turf, as necessary, during the year as a result of bare, dead or unhealthy turf.

1. Aerating, reseeding, or performing thatch removal, as necessary.

b. Fertilizers and mulch, if used, are to be provided by the contractor at no additional cost to the government, and once installed will become the property of the government.

c. Contractor must make attempts to maintain plants that appear to be dying and can be recovered. Contractor must notify the COR and obtain approval from the COR before removing plants that appear to be dying or appear to be dead. Often a plant may appear to be dead but given the appropriate horticultural attention and ingredients (e.g. sunlight, water, seasonal climate changes) it may return to life. Refer to Inventory and Orientation Report in this PWS.

d. Except for plants less than a year old and/or an act of God, the Contractor is to replace dead plants at no additional cost to the government, with a similar variety to the one being replaced and approved by the COR prior to planting. Once installed new plants become the property of the government.

a. Dead limbs must be trimmed to trunk and dead limbs discarded.

b. Tree trimmings shall be to a length that is safe and uniform in appearance but not cropped short.

c. Plants pruned improperly or damaged shall be replaced by the Contractor, at no cost to the VA, with plants of the same type and size. Replacement plants must be approved by the COR at least 48 hours in advance.

d. Excessive pruning or stubbing back shall not be permitted, unless Contractor has received prior approval from the COR.

e. Pruning cuts shall be made cleanly, in one plane, and with no tearing of the bark.

f. Stockpiling of debris on site is not allowed.

g. Contractor shall be responsible for removing damaged, broken or dying tree limbs below fourteen (14) feet, trimming for vertical clearance up to fourteen (14) feet and structural trimming of trees that are less than fourteen (14) feet in height.

h. All trees shall be trimmed to meet the minimum safety clearance of:

i. Fourteen (14) feet over streets

ii. Twelve (12) feet over driveways and parking lots

iii. Eight (8) feet over pedestrian walkway and circulation areas

iv. Four (4) feet over buildings

v. One (1) foot from buildings

i. Contractor shall be responsible for the identification of trees requiring pruning / trimming.

j. Any tree damaged above fourteen (14) feet shall be reported in writing to the COR.

k. Tree branches growing against electrical and mechanical equipment, building windows and doorways, across neighboring fences and / or laying over one story building roofs and gutters shall be reported in writing to the COR.

1. Shrubs and vines shall be pruned often enough to maintain the optimum size and conformation, to provide adequate clearance and visibility and to maintain walkways free from obstructions.

1. Shrubs shall be pruned using selective cut to lateral branches, or to the point of origin (thinning cuts). Shrubs shall not be sheared or hedged unless specifically required by the COR.

1. Keep shrubs one (1) foot off face of building where necessary. Maintain a clearance of two (2) feet off face of building where a mow band occurs.

1. Elimination of food source through use of pesticides is also acceptable.

1. Refer to sections on Safety and Chemicals

OTHER MISCELANEOUS CONSTRAINTS

Special Notes about Lawton / Ft. Sill VA Clinics The grounds consist almost entirely of small lawn/turf areas with trees. Former mulched flower beds have been mowed over and have been maintained as lawn/turf areas. The southeast corner of the VA property has a line of large rocks along the border of the property line. The surface is mainly flat although the large rocks define an area that is sloped (sloped area not for the VA to mow).

Flower Beds (mulch areas)

a. The VA Health Care System may undergo changes in the plants that are on site during this contract. The Contractor is to expect plants will remain or be added in existing flowerbeds and containers. In addition one or two trees will be added annually, from time to time, during the performance period. Anything above two trees, the CO will inform the Contractor of changes in plants (including trees) in the lawn/turf areas (non-flowerbeds/non-mulch areas).

b. Any new plants in the flowerbeds are required to be maintained by the Contractor under this contract. Contractor should consider all beds for maintenance.

Construction From time-to-time VA Health Care System may undergo construction. The CO will advise the Contractor of such areas as they occur and which areas the Contractor will no longer be responsible to maintain.

Medical Center Policies Each VA Health Care System has policies that are updated from time to time. The COR can provide more detailed information to the contractor of these upon commencement of the contract and throughout the term of the contract, as needed, especially policies and constraints regarding parking, possession of weapons, cell phone use and photography as well as smoking on VA property. Violations of such policies may result in individual fines or citation answerable in the United States (Federal) District Court.

CONTACT POINTS

Contractor Point of Contact (POC) The Contractor shall specify an individual who shall serve as a single point of contact (POC) for all Contract related business. Contractor must provide the COR and Contracting Office with the POC contact details, to include cell phone and email, as a minimum:

1. Within 14 business days of contract award,

1. Within 30 business days after contract Option Year renewal, and

1. Within 5 business days prior to a change in the POC by the Contractor.

The POC must be easily accessible by phone and return COR calls within 48 hours of a voice message left by the COR.

Contracting Officer’s Representative (COR) Upon contract commencement, the Contracting Officer will notify the Contractor in writing as to the COR assigned to this contract, and upon reassignment of a new COR, as applicable. Contractor shall only respond to requests for service from the COR or the CO. If service is requested from any source, other than the COR or the CO, the Contractor is to advise the individual of this requirement and refuse to respond. Any billing resulting from unauthorized service will not be paid by the government.

Authority of the COR The Contracting Officer is the only person authorized to approve changes in any of the requirements of this contract. In the event the Contractor affects any changes at the direction of any person other than the Contracting Officer, the changes will be considered to have been made without authority and no adjustment will be made in the contract price or schedule to cover any increase in costs incurred as a result thereof. The Contracting Officer shall be the only individual authorized to accept nonconforming work, waive any requirement of the contract, and/or modify any term or condition of the contract. The Contracting Officer is the only individual who can legally obligate Government funds. No costs chargeable to the proposed contract can be incurred before receipt of a fully executed contract or specific authorization from the Contracting Officer. Oral orders may be placed by the COR directly with the Contractor’s Representative, followed by written* confirmation from both parties prior to the service commencing, and only for services, quantities and periods within the scope of this PWS and Price/Cost Schedule. (*Written confirmation does not include cell phone text messages for the purpose of ordering.)

Government Alternate Points of Contact (POC) – Emergencies Only The COR will identify Alternate Points of Contact (POC) to be used only for instances of emergencies when the COR is not easily contactable. These will be individuals in supervisory or managerial roles within the same department as the COR. The contractor will be provided this information within 5 days after contract award and within 48 hours of a change to this information. An Alternate POC does not replace the COR nor do they replace the Contracting Officer during the performance and administration of this contract, nor does it relinquish or diminish the Contractor’s requirements in relation to the performance of this Contract.

CONTRACTOR PERSONNEL SPECIFICATIONS AND REQUIREMENTS

At all times during performance of Services, in accordance with this PWS, the Contractor must ensure Contractor personnel:

1. Be able to function professionally amongst the general public in a hospital and health care environment. Where possible, a warm-natured and humane approach from Contractor personnel is preferred during the performance of services.

1. Be able to read, understand and apply printed rules, detailed orders, and instructions.

1. Be familiar and compliant with this PWS and all Contractual requirements.

1. Wear Contractor-issued identification name tags in a way that are visibly displayed on the uniform in a prominent manner, being clearly visible to the general public.

1. Maintain a neat, clean, professional and personal hygienic appearance. 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. Any soiled clothing should be as a result of contracted work at the location that day. Tank tops as outer garments are prohibited. Shoes/boots will have no holes or loose soles. Steel-toed shoes will be required in accordance with OSHA requirements.

1. Shall not engage in loud or boisterous behavior or use profane or abusive language.

1. Maintain Decorum at all times. During the performance of services care and consideration must be given to VA visitors and staff. All Services must be performed with minimal disturbance or hindrance to VA Health Care System visitors and staff.

1. While not a requirement, Contractors are encouraged to wear Contractor branded clothing for ease in distinguishing contractor personnel from a distance.

1. Be compliant with VA Safety and OSHA regulations while on VA Health Care System property.

1. Be compliant with parking requirements at each VA Health Care System and park only in the designated parking areas as assigned by the COR.

SAFETY AND SECURITY

Check In/Out Procedures Prior to commencement of, and immediately after each service visit, the Contractor or Contractor’s authorized Personnel, must check in and out with the COR. Only individual VA Engineering staff, as delegated by the COR, can coordinate check in and check out procedures for the Contractor in the absence of the COR. Due to heightened security requirements, the Contractor and/or his authorized service personnel will be required to wear a VA issued ID Badge which will be obtained at the beginning of the contract and turned in upon contract completion. Two forms of state or federal issued identification, with the same name (one with a photo), are required along with fingerprints to obtain a VA Badge. If needed, a temporary VA Badge will be signed for upon arrival and turned in when leaving. All Badges must be worn at or above the waist and facing forward. A temporary Badge must be turned in before leaving the premises, otherwise the person signing for it will be required to pay for the unreturned temporary ID Badge.

Standard Business Hours and Federal Holidays VA Health Care System standard operating hours occur between 8:00am and 4:30pm Monday-Friday excluding Federal holidays.

Performance Outside Standard Business Hours Contractor must coordinate all services with the COR and document these in the Service Report. This means the contractor may perform services outside the Standard Business Hours to accommodate the needs of this PWS in conjunction with the particular climate and seasonal changes.

· Oklahoma City VA HCS is a full functioning medical center during standard business hours as well as after hours and on weekends, except traffic and pedestrian activity is somewhat reduced outside standard business hours.

· Lawton / Ft. Sill VA Clinic is a clinic that usually has staff and patients on site during standard business hours and have only government vehicles parked on site during non-standard business hours.

Non-Winter Performance Hours In situations that do not require immediate services, such as regular Grounds Maintenance the contractor may perform services on holidays observed by the Federal Government. However, this will be at the contractor’s discretion and by coordination with the COR at least 48 hours in advance of the service date and documented in the Service Report.

Federal Holidays The Federal Government observes the following days as holidays.

*Holidays that fall on Saturday are observed on the preceding Friday. Holidays that fall on Sunday are observed on the following Monday.

In addition to the days designated as holidays, the Government observes the following days:

· Any other day designated by Federal Statute

· Any other day designated by Executive Order

· Any other day designated by the President of the United States to be a Federal holiday

Safety and Compliance The Contractor must perform services and ensure equipment functions in accordance with:

1. local, state, and federal Occupational Safety and Health guidelines and legislation, to include Occupational Safety and Health Administration (OSHA), the American National Standards Institute (ANSI) safety guidelines;

1. local, state, and federal guidelines and legislation, as well as VA Health Care System Directives and guidelines, relating to chemicals and usage of chemicals, to include pesticides;

1. local, state, and federal Fire and Safety legislation and guidelines, to include VA Health Care System directives and legislation on Fire and Safety, as well as the latest published edition of NFPA-99 (Health Care Facilities Code);

1. local and state environmental laws as well as Environmental Protection Agency (EPA) regulations, Federal Insecticide, Fungicide and Rodenticide Act (FIFRA), involving pesticide use and other pest control procedures;

1. USDA bio-based certification;

1. Title 29 code of Federal Regulations (CFR) 1910.20, Access to Employee Exposure and Medical Records;

1. 29 CFR 1910.132, Personal Protective Equipment;

1. 29 CFR 1910.134, Respiratory Protection;

1. 29 CFR 1910.1200, Hazard Communications

The Contractor is responsible for all charges, fees, applications and procurement of all permits, licenses, registrations and certificates, pursuant to lawful application of the provision of services. As required by law, all Contractor personnel performing on-site pesticide application must be certified by the State of Oklahoma. Where there is a conflict between applicable regulations, the most restrictive will apply.

Bio Hazardous Waste Contractor is not responsible for the cleanup of bio hazardous waste and materials, such as, but not limited to, bodily fluids, vomit, blood or any material deemed to be a biohazard, from the grounds. Contractor must immediately notify the COR of the location of bio hazardous waste and materials on the grounds.

Chemicals and Pesticides When using all chemicals and pesticides the Contractor must:

1. Not apply any chemical or pesticide product that has not been previously approved in writing by the COR.

1. Ensure the chemicals and pesticides are in accordance with the U.S. Environmental Protection Agency (EPA). Transport, handling and use of all chemicals and pesticides shall be in strict accordance with the manufacturer’s labels and all applicable Federal, state, and local law and regulations.

1. Ensure the chemicals and pesticides are not stored on VA property.

1. Contractor personnel to use appropriate Personal Protective Equipment (PPE) for the type of potential hazard.

1. Only employ the least hazardous material and the most precise application technique for chemical use.

1. Only employ the least hazardous material, the most precise application technique, and minimum quality of pesticide necessary to achieve control.

1. Ensure the pesticides do not include herbicide 2, 4-Dichlorophenoxyacetic Acid (2, 4-D). VA has banned the use of this on all Veterans Health Administration facility grounds, which include all premises listed herein.

1. Obtain written approval from the COR prior to formulating pesticides from concentrate on the premises.

1. Only apply pesticides according to need and not by schedule and also obtain written approval from the COR prior to application. As a general rule, application of pesticide shall not occur unless visual inspections or monitoring devices indicate the presences of pests in the specific area. Preventive pesticide treatments of areas where surveillance indicates a potential insect infestation are acceptable on a case-by-case basis.

Signs for Chemical and Pesticide Use Contractor must notify the COR and clearly display signs at the VA informing VA staff and visitors of the time and date chemicals or pesticides are to be used on the grounds. Signs must be approved by the COR with advance notice so signs can be displayed at least 48 hours prior to chemical or pesticide use. Signs must remain posted during chemical or pesticide use.

CONTRACTOR FURNISHED EQUIPMENT / PROPERTY (CFE / CFP)

To be updated upon contract award and as necessary. Contractor furnished property and equipment must be properly labeled, to include company name, address, and phone number.

GOVERNMENT FURNISHED EQUIPMENT / PROPERTY (GFE / GFP)

Water, Electricity, and Access Keys Water is available for use by the contractor for the purpose of performing services per this PWS. Neither hoses nor any other watering equipment will be supplied by the Government. Contractor shall collect water access and applicable keys at the beginning of each service visit from the COR, and return the same keys to the COR, at completion of that same service visit. The contractor shall use electricity from existing outlets at the location. Electric extension power cords will not be provided by the Government. The contractor shall conserve water and electricity to the maximum extent possible during the performance of Services in accordance with this PWS and comply with local city ordinances to include local city water tips for water preservation. When operational and functioning, ground sprinklers operate at night and all over grassy areas.

Grounds, Building Exterior and Parking Lots Upon completion of each service, Contractor must leave the Area(s) in which Services were performed, in the same manner, or better than, in which they were found: clean, undamaged, safe and free of hazards considered unsafe for VA customers and staff. Any GFP or GFE damaged due to work performed by the Contractor shall be repaired or replaced to its original condition and finished at no cost to the Government.

Parking Spaces Contractor parking arrangements will be made available and must be coordinated with the COR. If parking on VA property drivers must comply with VA Security requirements. The VA does not validate or reimburse parking costs or violations of Contractor’s or their personnel under any circumstances.

QUALITY

Conformance Standards Refer to section on Safety and Compliance in this PWS

Rework or Remedy Rework or Remedy is defined as performing the Service again until the Purpose of this PWS is achieved in full. This involves less than Satisfactory Service by the Contractor and as noted by the COR. Rework or Remedy occurs at no additional cost to the Government. Payment will be withheld until all services are performed to the Satisfactory level in accordance with this PWS and as documented by the COR.

DELIVERABLES

Inventory and Orientation Report Upon award of this contract and immediately prior to commencement of services the COR will provide the Contractor POC with an escorted tour and visual inspection of the grounds and equipment identified in this PWS. It is the contractor’s responsibility to identify, in an Inventory and Orientation Report, areas that are not to the standards of this PWS. Prior to commencement of services the Contractor POC must provide Inventory and Orientation Report to the COR and the CO. The VA shall remedy areas that are required to meet the standards of this PWS prior to commencement of services and that would otherwise cause the vendor additional expense not reasonably anticipated from the terms of this PWS.

Service Reports Contractor shall provide the COR with individual Service Reports pertaining to daily and weekly tasks and requirements performed at the location. All Service Reports are to be signed and dated by designated Contractor POC and provided to the COR at the end of each daily performance.

Each Service Report must describe the:

1. scheduled Services performed during the applicable Service period: indicating building numbers and directional location of each area serviced on the property, such as N (north), S (south), E (east), W (west), SW (southwest) and so on

1. hours performed during the applicable Service period,

1. identify sub-category of services performed, e.g. weed removal, tree trimming, leaf removal etc.

1. Contractor Personnel in attendance during the applicable Service period, to include their full name

1. Defects, deficiencies, and damages of any kind, e.g. damaged site furniture

1. Details of GFE requiring maintenance

1. Record of pesticides/herbicides applied (type, amount, application area, weather conditions)

Safety Data Sheet Contractor must provide a Safety Data Sheet (SDS) identifying all chemicals used in the performance of this service, to include respective labels. Either a paper version or emailed version of the SDS must be provided to the COR within:

1. 15 business days of contract award,

1. 15 business days after contract extension, and

1. 5 business days of a change in chemical usage.

The COR will provide written approval and/or initial the Contractor’s SDS for the Contractor’s record.

Chemicals and Pesticide Notifications Contractor must notify COR in writing, and obtain written approval from the COR, at least one week in advance of any application where the chemicals or pesticides are applied to an area of ten (10) square feet or greater.

DEFINITIONS

Bedding areas – means bush, shrub, hedge, and flower beds Contractor Employees – has the same meaning as Contractor Personnel Contractor Personnel - has the same meaning as Contractor Employees CO – Contracting Officer COR – Contracting Officer’s Representative Lawton / Fort Sill VA Clinic – referred to in this document as Lawton POC – Point of Contact PWS – Performance Work Statement Pruning of plant material means the following for the purpose of this contract:

1. To maintain clearance from other plants or facilities, and

1. To correct shape, particularly to correct for wind disfiguration, and

1. To provide visibility of pedestrians and motorists, and

1. To maintain walkways free from obstruction, and

1. To eliminate or reduce potentially hazardous situations.

SDS - Safety Data Sheet Services - Grounds Maintenance Services Technically Trained Personnel – are personnel and/or employees who shall be suitably knowledgeable in the Grounds Maintenance Services, and have a background with appropriate use of chemicals, in order to satisfactorily perform services in accordance with the PWS. Also known as Contractor Personnel or Contractor Employees or Technicians.

Visual and Aesthetic Appeal means the following for the purpose of this contract:

1. plants that are Scaled appropriately in relative size when positioned in the garden, on the property and in proportion to the spaces provided, with consideration to the plant’s position around the building structure, immediate environment, regular activity as well as consideration to allowing the plant to benefit from natural light,

1. plants that provide Simplicity (meaning uncluttered, with minimal to nil complexity), as well as minimal visual stimulation, suitable to the environment of the plant’s position,

1. plants that, when positioned in a particular environment, provide a Variety of texture, form, seasonal interest and color, without sacrificing Simplicity, suitable to the environment of the plant’s position. In addition, it also means plants that provide color suitable to the environment, if incorporating color. For example, highly used pedestrian areas may afford a vibrant visual appearance of warm, highly saturated hues (e.g. red, orange, yellow) whereas a single, quiet outdoor sitting area may require calmer visual appearance of cooler hues (e.g. blue, purple, green),

1. plants that create Balance, be it symmetrical or asymmetrical, so as to provide a stable and durable effect,

1. plants that provide a Sequence and transitional flow of plant elements or types when moving from one area to another and are suitable to the environment of the location. For example, requirements for lengthy and highly used pedestrian areas will vary from that of a single, quiet sitting area.

NFPA – National Fire Protection Association OSHA - Occupational Safety and Health Administration ANSI - American National Standards Institute EPA - Environmental Protection Agency CFR - Code of Federal Regulations FAR – Federal Acquisition Regulation FIFRA - Federal Insecticide, Fungicide and Rodenticide Act VA Mission - To fulfill President Lincoln's promise "To care for him who shall have borne the battle, and for his widow, and his orphan" by serving and honoring the men and women who are America's veterans.

SECTION C - CONTRACT CLAUSES

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

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

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

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

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

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

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

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

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

(g) Invoice.

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

(i) Name and address of the Contractor;

(ii) Invoice date and number;

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

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

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

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

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

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

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

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

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

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

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

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

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

(i) Payment.—

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

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

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

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

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

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

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

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

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

(D) Contractor point of contact.

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

(6) Interest.

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

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

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

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

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

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

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

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

(A) The date fixed under this contract.

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

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

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

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

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

(vii) The interest charge made under this clause may be reduced under the procedures prescribed in 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.