36C26124Q0010_1.docx

36C26124Q0010

PAGE 1 OF

1. REQUISITION NO.

2. CONTRACT NO.

3. AWARD/EFFECTIVE DATE

4. ORDER NO.

5. SOLICITATION NUMBER

6. SOLICITATION ISSUE DATE

a. NAME

b. TELEPHONE NO. (No Collect Calls)

8. OFFER DUE

DATE/LOCAL

TIME

9. ISSUED BY

CODE

10. THIS ACQUISITION IS

UNRESTRICTED OR

SET ASIDE:

% FOR:

SMALL BUSINESS

HUBZONE SMALL

BUSINESS

SERVICE-DISABLED

VETERAN-OWNED

SMALL BUSINESS

WOMEN-OWNED SMALL BUSINESS

(WOSB) ELIGIBLE UNDER THE WOMEN-OWNED

SMALL BUSINESS PROGRAM

EDWOSB

8(A)

NAICS:

SIZE STANDARD:

11. DELIVERY FOR FOB DESTINA-

TION UNLESS BLOCK IS

MARKED

SEE SCHEDULE

12. DISCOUNT TERMS

13a. THIS CONTRACT IS A

RATED ORDER UNDER

DPAS (15 CFR 700)

13b. RATING

14. METHOD OF SOLICITATION

RFQ

IFB

RFP

15. DELIVER TO

CODE

16. ADMINISTERED BY

CODE

17a. CONTRACTOR/OFFEROR

CODE

FACILITY CODE

18a.

PAYMENT WILL BE MADE BY

CODE

TELEPHONE NO.

UEI:

EFT:

PHONE:

FAX:

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

SEE

ADDENDUM

19.

20.

21.

22.

23.

24.

ITEM NO.

SCHEDULE OF SUPPLIES/SERVICES

QUANTITY

UNIT

UNIT PRICE

AMOUNT

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

25. ACCOUNTING AND APPROPRIATION DATA

26.

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

ARE

ARE NOT ATTACHED.

27b. CONTRACT/PURCHASE ORDER INCORPORATES BY REFERENCE FAR 52.212

-4. FAR 52.212-5 IS ATTACHED. ADDENDA

ARE

ARE NOT ATTACHED

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

29. AWARD OF CONTRACT: REF. ___________________________________ OFFER

COPIES TO ISSUING OFFICE. CONTRACTOR AGREES TO FURNISH AND

DATED ________________________________. YOUR OFFER ON SOLICITATION

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

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

ADDITIONAL SHEETS SUBJECT TO THE TERMS AND CONDITIONS SPECIFIED

SET FORTH HEREIN IS ACCEPTED AS TO ITEMS:

30a. SIGNAT

URE OF OFFEROR/CONTRACTOR

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

AUTHORIZED FOR LOCAL REPRODUCTION

(REV. NOV 2021)

PREVIOUS EDITION IS NOT USABLE

Prescribed by GSA - FAR (48 CFR) 53.212

7. FOR SOLICITATION

INFORMATION CALL:

STANDARD FORM 1449

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL

PRODUCTS AND COMMERCIAL SERVICES

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

570-24-1-633-0001 36C26124Q0010 08-09-2023 Olivia Duarte 559-228-5382 08-23-2023

3:00 PM

PDT

Department of Veterans Affairs VA Sierra Pacific Network (VISN 21) VA Central California Health Care System 855 M Street, Suite 1020 Fresno CA 93721 X X 561730 $9.5 Million N/A X Department of Veterans Affairs VA Central California Health Care System 2615 E. Clinton Ave Fresno CA 93703 Department of Veterans Affairs VA Sierra Pacific Network (VISN 21)

VA

Central California Health Care System 855 M Street, Suite 1020 Fresno CA 93721

Department of Veterans Affairs FMS-VA-2(101) Financial Services Center

PO BOX 149971

Austin TX 78714-9971 See CONTINUATION Page Landscape and Grounds Maintenance Service Note: Offerors shall follow the submission instructions specified in FAR Provisions 52.212-1 and 52.212-2, and their addendums included in this solicitation.

Failure to follow the instructions will result in an unfavorable evaluation and may not be considered for award.

See CONTINUATION Page 570-3640162-633-8523300-2549 0100561X6 X Mark Mikus Contracting Officer Table of Contents

SECTION B - CONTINUATION OF SF 1449 BLOCKS

B.1 CONTRACT ADMINISTRATION DATA

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

a. CONTRACTOR:

b. GOVERNMENT: Contracting Officer 36C261: Mark Mikus Department of Veterans Affairs VA Sierra Pacific Network (VISN 21) VA Central California Health Care System 855 M Street, Suite 1020 Fresno CA 93721

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

3. INVOICES: Invoices shall be submitted in arrears:

4. GOVERNMENT INVOICE ADDRESS: All Invoices from the contractor shall be submitted electronically in accordance with VAAR Clause 852.232-72 Electronic Submission of Payment Requests.

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

Page 1 of Page 1 of

Performance Work Statement (PWS) Landscape and Grounds Maintenance VA Central California Health Care System

1. SCOPE OF WORK

1.1. This is a non-personnel services contract to provide for comprehensive landscaping and grounds maintenance at the Fresno VA. The scope includes tree trimming, mulching, weed abatement, application of fertilizer, mowing, edging, clipping, pruning, debris removal and irrigation verification and repair for the Fresno Ca VA Hospital. The Government shall not exercise any supervision or control over the contract service providers performing the services herein. Such contract service providers shall be accountable solely to the contractor who, in turn is responsible to the Government. Contractor will provide the prescribed Maintenance for approximately Twenty (20) acre at the Fresno VA, 2615 East Clinton Avenue Fresno, CA 93703 (site map to be furnished). Contractor will provide all personnel, supplies, supervision, tools, equipment, transportation and other items and non-personal services necessary to complete all aspects of the scope of work.

1.2. Prior to commencing any work, Contractor will submit a service schedule of operations via email to the COR for approval. The service schedule can be subject to change in order that Contractor operations do not conflict or otherwise disrupt normal operations of the government. The service schedule can be subject to change if weather dictates that services cannot be provided as scheduled. In the event of a schedule change due to possible disruptions of normal government operations or inclement weather, Contractor will resubmit a service schedule via email to the COR for approval.

1.3. Mulching: Contractor shall maintain and replace existing mulch as necessary. Replacement mulch shall be commercial grade shredded hardwood bark, or equivalent. It shall be free of sticks, stones, clods, or other foreign materials. A sample of proposed mulch and chips shall be submitted to and approved by the COR prior to use. All areas to be mulched shall be raked, debris removed, edges reestablished, and any excessive mulch buildup worked into existing soil or removed, at the discretion of the COR, prior to mulch application. For areas of landscaping that use a material other than mulch, such as xeriscape areas of landscaping, the Contractor shall maintain and replace this material as necessary to maintain an evenly distributed appearance. Replacement fill shall be free of sticks, or other foreign materials. A sample of the material shall be submitted to and approved by the COR prior to use. All areas utilizing this fill shall be raked, debris removed, and edges established.

1.4. Weed Abatement: Contractor shall perform comprehensive weed abatement. All sprayings will be conducted in a safe manner as not to expose chemicals to other areas of the Fresno VA facility. All chemicals will be an approved mix of selective herbicides appropriate for the area being sprayed. All area sidewalks, parking lots, roadways, and unimproved grounds are to be free of weeds and unwanted growths. Weeds shall be controlled mechanically or chemically as needed upon appearance. Herbicides must be approved by the Fresno VA Safety Service prior to use. Contractor must fully comply with all EPA and OSHA requirements related to the storage, application, and disposal of herbicides. The contractor shall maintain and provide all training and certification records for staff involved in weed abatement at the request of the VA.

1.4.1. Pre-emergence crabgrass control chemicals shall be applied to the grass prior to the growing season. The quantity of pre-emergence control utilized shall never be less than that which is recommended by the pre-emergence control manufacturer. Pre-emergent will be applied at the rate of 4.26pounds per 1000sf to all turf areas in the spring of each year to control turf weeds.

1.4.2. Chemical controls for broad-leaf weeds shall be applied as needed. Over-seeding/ reseeding of blue grass or fescue varieties shall be done to maintain grass coverage and to fill voids created by elimination of weeds.

1.4.3. Remove weeds from all parking lots, curbs, roadways, planter boxes, property lines, fence lines, and around all permanent structures on the entire grounds once a month. Free growing trees small trees (under 3” dia.) will be removed with agreement of COR.

1.4.4. When chemical methods are used to remove weeds or unwanted vegetation, the contractor shall assure the compatibility of the chemicals with existing vegetation and ensure that only the weeds shall be affected by the chemicals. All weeds and unwanted vegetation killed by mechanical means, or chemical treatment shall be picked up and disposed of and shall not be left on the ground.

1.5. Tree Trimming: Yearly Tree trimming, and thinning shall reduce the density of live branches towards developing the natural branching structure. Trees shall be pruned by the Contractor to remove dead or diseased foliage or branches to help control or direct growth, increase quality, and to add structural strength to the trees and shrubs. Thinning shall result in an even distribution of branches on individual limbs and throughout the crown, to provide free air circulation through the remaining limbs and branches. Not more than 25 percent of the crown should be removed annually. Tree maintenance shall be performed only by certified arborists. Operations shall comply with applicable Occupational Safety and Health Administration (OSHA) standards, ANSI Z133.1, as well as State and local regulations. Tree branches shall be removed in a manner not to cause damage to other parts of the tree, other plants, or property. Branches too large to support with one hand shall be precut to avoid splitting of the wood or tearing of the bark. Where necessary, ropes or other equipment shall be used to lower large branches or portions of branches to the ground. All fence lines and walkways will be cleanly trimmed and consistently maintained throughout the growing season.

1.6. Fertilization: Contractor shall apply fertilizer in accordance with standard landscaping practice to maintain the health and appearance of all landscaping to the highest standard. Apply in accordance with the minimum maintenance procedures attached to this document as Appendix A. Fertilizer containing 1 pound of actual nitrogen per 1000sf will be applied 4 times each year to all turf areas. Contractor shall meet all EPA and OSHA requirements related to the storage, application, and disposal of chemicals. Fertilizers must be approved by the Fresno VA Safety Service prior to use. The contractor shall maintain and provide all training and certification records for staff involved in fertilizer application at the request of the VA.

1.6.1. Fertilize all lawns four times during each growing season using good time-release fertilizer such as Nitro Best or equivalent. The actual dates chosen for fertilization will be determined by mutual agreement of the Landscape Contractor and the COR. Fertilization shall not be performed between November 15 and January 31.

1.6.2. Apply fertilizer to all other vegetation in both developed and undeveloped area according to the specific needs of each tree or shrub. Deep root feeding is not required. Trees in undeveloped areas that are not fully established may be fertilized by using fertilizer stakes such as “Job’s Tree Stakes”

1.6.3. The contractor shall utilize the type and quantity of fertilizer that is specifically formulated for the trees/shrubs for the time of the year applied. The amount of fertilizer used shall never be less than that which is recommended by the fertilizer manufacturer.

1.6.4. Contractor shall notify COR prior to fertilizing. COR will be allowed to verify type and quantity of fertilizer used.

1.7. Mowing, edging, trimming, pruning, shaping: shall be performed in accordance with the minim maintenance procedures in Appendix A.

1.7.1. Mowing: Mow all turf areas weekly. Turf will be mowed with rotary recycling mowers or walk behind bagging mowers to a height not less that 2.5” and not more than 4”, unless otherwise determined by the VA based on turf type and condition. All grass clippings will be blown or swept on the same day the mowing operation is completed. Turf will be aerated as needed.

1.7.2. Edging: edge all curbs, driveways, sidewalks and boarders to maintain a well-defined edge every time the surrounding turf is mowed. All edging debris will be blown or swept on the same da he edging operation is competed.

1.7.3. String Trimming: string trim turf around trees, tree wells, fences, and other stationary objects as needed to maintain an even and smooth surface. String trimming of non-turf areas is required to eliminate the presence of weeds, pending other weed abatement strategies being implemented. All string trimming debris will be blown or swept on the same day the string trimming operation is complete.

1.7.4. Shrub/Hedge/Groundcover Pruning: All shrubs, hedges and groundcover will be neatly pruned as needed to:

1.7.4.1. Maintain a healthy, attractive appearance

1.7.4.2. Control growth within designated planter

1.7.4.3. Maintain safe pedestrian and vehicular clearance and visibility All pruning debris and clippings will be removed and cleaned up on the same day is is generated.

1.8. Irrigation: All irrigation systems within the Fresno VA Hospital will be activated and checked and adjusted monthly or as needed to ensure that all irrigation systems are properly working. A thorough spring check will take place at the start of the growing season to validate irrigation controller control valves, solenoids, main lines, lateral lines, sprinkler heads and nozzles for any deficiencies. Repairs due to vandalism will be reported to the VA groundskeepers for repair. Any repairs needed because of contractors’ maintenance work or negligence will be made at the contractor’s expense. All turf, shrubs, and trees will be monitored weekly by the contractor for any sign of stress. Signs of turf or plant stress will be reported to the VA and addressed by the contractor. Contactor shall provide written plan of action to remediate.

1.9. Debris removal: each week throughout the year on regular service day(s) the entire landscape area will be cleared of any debris such as leaves, limbs, trash and other loose materials and disposed of. Contractor may utilize VA waste collection dumpsters for routine disposal, however tree trimming, and shrub trimming/removal debris shall be disposed of by the contractor off site.

1.10. SPECIAL SITE SPECIFIC WORK REQUIREMENTS

1.10.1. Provide flowers at the main entrances to the hospital Clinton Ave (approximately 250 sf), Fresno St. (approximately 300 sf) and at the main entrance flower beds (approximately 300 sf) as needed to maintain color during all seasons. Total area of plantings is estimated to be 850 square feet. Submit names and types of flowers to be planted to the COR for approval before planting. YEAR AROUND COLOR IN THESE AREAS IS REQUIRED

1.10.2. Wash down the Front entrance in front of Building 1and Entrance to Emergency Department weekly, before operating hours (0800) or on weekend to remove stains from spilled drinks, etc. Remove cobwebs from the overhead canopies.

1.11. Reporting: A written report shall be submitted with the monthly billing describing all work completed for the month and include any issues that need to be addressed. A daily grounds worksheet checklist shall eb completed each day work is performed. These shall be provided no less frequently than monthly with the monthly billing statement or more frequently is requested by the VA.

2. APPLICABLE DOCUMENTS

3. CONTRACTOR QUALIFICATIONS:

3.1. The contractor shall possess, at a minimum, the following performance qualifications:

3.1.1. Ensure that the contractor and all employees working on-site have taken an OSHA Certified 10-hour construction safety course.

3.1.2. Maintain certification required to apply herbicides, fertilizer and pre-emergent, as necessary.

3.1.3. Contractor must maintain all OSHA required plans and procedures and documentation for safe work practice and employee safety. Employee training records must be available and provided at the request of the VA

4. PLACE OF PERFORMANCE: Fresno VA Medical Center - 2615 E. Clinton Ave. Fresno, CA 93703

5. PERIOD OF PERFORMANCE: The period of Performance is for (1) base year and (1) option year.

6. HOURS OF OPERATION & HOLIDAYS:

6.1. Hours of Operation. The contractor is responsible for conducting services, between the hours of 7:00 am to 4:30 pm any day of the week except federal holidays or when the Government facility is closed due to local or national emergencies administrative closing.

6.2. Legal holidays recognized by the Federal Government in accordance with 5 U.S.C. 6103, Executive Order 11582 and Public Law 94-97 or any other by the President of the United States to be a national holiday, the following national holidays are observed and for the purpose of this contract is defined as “Legal Federal, official holidays” as follows:

6.2.1. Recognized Holidays

7. GENERAL REQUIREMENTS:

7.1. All contract personnel attending meetings, answering Government telephones, and working in other situations where their contractor status is not obvious to third parties are required to identify themselves as such to avoid creating an impression in the minds of members of the public that they are Government officials. They must also ensure that all documents or reports produced by contractors are suitably marked as contractor products or that contractor participation is appropriately disclosed.

7.2. Contractor personnel shall wear uniforms which will be not less than a shirt and pants, not provided by the Government, identifying them as Contractor employees. The coloring or design of the item selected should be such that identifies personnel easily and quickly for reasons of safety and personal protection.

7.3. Contractor shall be responsible for the protection of all buildings elements and equipment that may be subjected to damage while performing this contract. Contractor shall replace all damaged items with exactly matching item or a like item at the VACCHCS discretion.

8. GENERAL INFORMATION:

8.1. Contract Manager. The contractor shall provide a contract manager who shall be responsible for the work. The name of this person, and an alternate(s) who shall act for the contractor when the manager is absent, shall be designated in writing to the contracting officer. The contract manager or alternate shall have full authority to act for the contractor on all matters relating to this contract.

8.2. The contract manager or alternate shall be available all day on each day the contractor is on site to meet with COR to discuss problem areas. The contract manager shall provide an accessible contract number.

8.3. The contractor shall keep its employees trained and certified at all time during contract period. The contractor shall ensure all employee certifications are submitted to CO and COR for proper recording of training no later than 14 day after award of contract. VA has the right to inspect and request verification of licenses and certificates of during the contract period. Contractor shall update list of any changes with personnel or certificates/license and submit to COR and CO no later than 5 days of occurrence.

8.4. Remove of Contractor’s Employees. The contractor shall utilize only experienced, responsible, and capable employees in the performance of this contract. The CO may require that the contractor remove from the Government job any employee that endangers persons, property, environment, EEO policy, Hostile work environment, or federal workplace policy or violates the standards noted in this PWS.

8.5. Government Furnish Equipment. This PWS does not have any government furnish equipment. Contractor shall not use any government own equipment, material, supplies, or tools. Contractor shall furnish all requirements. The government has the option to terminate the contract in the event the contractor uses government equipment.

8.6. Landscape improvements made by VA. The VA may during the contract term replace/change landscaping plant materials in already designated planting areas or expand new landscape to currently unimproved areas. The contractor will assume the maintenance of the replaced landscape materials and expanded landscape areas at no additional cost to the government.

9. SITE INVESTIGATION AND CONDITIONS AFFECTING THE WORK:

9.1. The Contractor acknowledges that it has taken steps reasonably necessary to ascertain the nature and location of the work, and that it has investigated and satisfied itself as to the general and local conditions which can affect the work or its cost, including but not limited to (1) conditions bearing upon transportation, disposal, handling, and storage of materials; (2) the availability of labor, water, electric power, and roads; (3) uncertainties of weather, or similar physical conditions at the site; (4) the conformation and condition of the ground; and (5) the character of equipment and facilities needed preliminary to and during work performance. The Contractor also acknowledges that it has satisfied itself as to the character, quality, and quantity of surface and subsurface materials or obstacles to be encountered insofar as this information is reasonably ascertainable from an inspection of the, including all exploratory work done by the Government, as well as from the drawings and specifications made a part of this contract. Any failure of the Contractor to take the actions described and acknowledged in this paragraph will not relive the Contractor from responsibility for estimating properly the difficulty and cost of successfully performing the work, or for proceeding to successfully perform the work without additional expense to the Government.

9.2. The Government assumes no responsibility for any conclusions or interpretations made by the Contractor based on the information made available by the Government. Nor does the Government assume responsibility for any understanding reached or representation made concerning conditions which can affect the work by any of its officers or agents before the execution of this contract, unless that understanding or representation is expressly stated in this contract.

10. QUALITY CONTROL PROGRAM: The Contractor shall develop and maintain an effective Quality Control Program to ensure services are performed in accordance with this PWS. The Quality Control Program (QCP) will be delivered to the COR within 14 calendar days of the contract award. After acceptance of the QCP, the contractor shall receive the contracting officer’s acceptance in writing of any proposed change to his QC system. The Contractor shall develop and implement procedures to identify, prevent, and ensure non-recurrence of defective services. The Contractor’s quality control program is the means by which he assures himself that his work complies with the requirement of the contract.

11. QUALITY ASSURANCE SURVEYLANCE PLAN:

The government shall evaluate the contractor’s performance under this contract in accordance with the Quality Assurance Surveillance Plan and PWS. This plan is primarily focused on what the Government must do to ensure that the contractor has performed in accordance with the performance standards. Failure to correct any adverse findings or failure to deliver all services described in this contract may result in non-acceptance of the services by the Government. Failure to meet the standards of this performance work statement my result in a deduction of price equal to the value of the unperformed or poorly performed services. Failure to provide services in accordance with this contract could also result in termination of the contract for cause and/or adversely impact the Contractor’s ability to be selected for future contracts as documented. Government verification inspections of services shall not constitute acceptance nor replace the contractor inspection or in any way relieve the contractor of any responsibility to take all actions necessary to assure highest quality of service rendered. The Quality Assurance Surveillance Plan (QASP) is included in Attachment 2.

12. CONTRACTING OFFICER REPRESENTATIVE:

12.1. The Contracting Officer Representative (COR) will be appointed by the Contracting Officer who will provide technical guidance and clarifications to the Contractor. It shall be noted that interpretation of contractual terms and/or financial matters is the responsibility of the Contracting Officer.

12.2. The COR will monitor the Contractors performance to assure that services provided and the standards of performance are met in accordance with this Performance Work Statement and the QAQC Plan. In accordance with FAR 52.212-4 (a) “Inspection/Acceptance” 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 non-conforming supplies or re-work of non-conforming services at no additional cost to the Government

13. STANDARD OF CONDUT: Contractor, subcontractors, and contractor’s personnel must adhere to the contract and shall conduct themselves according to VA conduct standards.

13.1. Neglect of Duties. Contractor, subcontractors, and personnel neglect of duties shall not be condoned. This shall include but not limited to sleeping on duty, unreasonable delay or failures to carry out assigned tasks, conducting personal affairs during duty hours, and refusing to render assistance or cooperate in upholding the integrity of the work site security. This can result in the termination of the contract or removal of the employee(s), which will be the decision the VA. The CO shall inform the contractor in writing of actions.

13.2. Disorderly Conduct. The use of abusive or offensive language, quarreling, intimidation by works, actions, or fighting shall not be condoned. Also included is participation in disruptive activates which interfere with normal and efficient of government operations. This can result in the termination of the contract or removal of the employee(s), which will be the decision the VA. The CO shall inform the contractor in writing of actions.

13.3. Driving. Contractor and Contractor’s employees shall obey all speed limits and traffic signs. Disobeying traffic regulation could result in court citations, which include monetary fines. Continued violations could result in being restricted from driving on VA facilities.

13.4. Parking. Contractor vehicles will be parked only in lots or areas designated by the COR, if available. The Government will not be liable for any lost, stolen, or damage vehicles or items. Contractor shall obey all distances from critical areas which are deemed by the VA or code. Continued violations could result in being restricted from driving on VA facilities.

13.5. Cellular Phone/Radio Use: Cellular phones and two-way radios are not to be used in emergency rooms, surgical and recovery suites, and within six feet of any medical equipment.

13.6. Smoking. Smoking is prohibited on VA property. Smoking on VA property could result in citations, which include monetary fines. Continued violations could result in removal from VA facilities.

13.7. Intoxicants. The Contractor shall not allow any employee to possess, sell, consume, or be under the influence of intoxicants, drugs, or substances that produce similar effects. The use of illegal drugs is prohibited on Federal property. Violators will be prosecuted.

13.8. Posted Signs: The Contractor shall comply will all posted signs on VA property.

13.9. Criminal Actions. Contractor, subcontractor, or contractor’s employees may be sanction for criminal actions, but not limited to the following:

13.9.1. Falsification or unlawful concealment, removal, mutilation, or destruction of any official documents or records or concealment of material facts by willful omission from official documents or records.

13.9.2. Unauthorized use of Government property, theft, vandalism, or immoral conduct.

13.9.3. Unethical or improper use of official authority or credentials.

13.10. Removal of Personnel. The Government reserves the right to direct the Contractor to remove any employee from the work site for failure to comply with the standards of conduct or for safety/security violations.

14. SECURITY:

14.1. Security Badge: Contractor and contractor’s employees shall obtain a flash badge / temporary badge from dispatch, VA police on arrival to any campus. The VA Issued Security badge shall be worn on the upper torso and be visible at all times.

14.2. Contractor’s Badge: Contractor, Subcontractors, employees, and representatives shall have a company badge visible at all time. Contractor’s badge shall be visible at all times.

14.3. Physical Security: The contractor shall be responsible for safeguarding their equipment while on government property government. Additionally, the contractor shall be responsible for any government equipment, information and property provided for contractor use. Contractor will NOT be provided a staging area for storage of tools, equipment, material, supplies, and other items. The Government will not be responsible for damage or loss of contractor’s property. Contractor is responsible to safeguard its property.

14.4. OI&T Security: Office of Information and Technology (OI&T) certification and accreditation requirements do not apply for this service contract and therefore a Security Accreditation Package is not required. At no time will the vendor be in contact or have access to VA sensitive information, OI&T systems, or the VA OI&T network.

15. SAFETY:

15.1. In performance of this contract, the Contractor shall take such safety precautions as the Contractor Officer or his/her designee may determine to be reasonably necessary to protect both the lives and health of the occupants of the building and property. The Contractor Officer or his/her designee will notify the Contractor of any non-compliance. The Contractor shall, after receipt of such notice, immediately correct the condition to which attention has been directed.

15.2. The Contractor shall provide all necessary Personal protective Equipment (PPE) and attire to personnel and require employees to use it during the performance of their duties as necessary. Employees shall be trained on the use and proper maintenance of PPE. The contractor shall conform to all regulations, federal and local OSHA standards.

15.3. Supervision. The contractor shall arrange for satisfactory supervision of the contract work. The Contractor or his designee shall be available at all times, when the contract work is in progress, to receive notices, reports or requires from the Contracting Officer or his representative.

16. INVOICING: Contractor shall invoice in monthly increments or as established by the Contracting Officer in arears for work performed. Invoices will not be paid until all required deliverables have been received during the billing period. Invoices shall be submitted to the COR for review and approval prior to submission to Tungsten.

16.1. All invoices from the contractor shall be submitted electronically in accordance with VAAR Clause 852.232-72 Electronic Submission of Payment Requests.

16.2. VA’s Electronic Invoice Presentment and Payment System- The FSC uses a third-party contractor, Tungsten, to transition vendors from paper to electronic invoice submissions. Please go to this website: http://www.tungsten-network.com/US/en/veterans-affairs/ to begin submitting electronic invoices, free of charge.

16.3. More information on the VA Financial Services Center is available at http://www.fsc.va.gov/einvoice.asp.

16.4. Vendor e-Invoice Set-Up Information:

16.5. Please contact Tungsten at the phone number or email address listed below to begin submitting your electronic invoices to the VA Financial Services Center for payment processing, free of charge. If you have question about the e- invoicing program or Tungsten, please contact the FSC at the phone number or email address listed below:

16.5.1. Tungsten e-Invoice Setup Information: 1-877-489-6135

16.5.2. Tungsten e-Invoice email: VA.Registration@Tungsten-Network.com

16.5.3. FSC e-Invoice Contact Information: 1-877-353-9791

16.5.4. FSC e-invoice email: vafsccshd@va.gov

17. ATTACHMENTS:

17.1. Attachment 1: Fresno VA Maintenance Procedures

17.2. Attachment 2: Quality Assurance Surveillance Plan (QASP)

17.3. Attachment 3: Daily grounds worksheet checklist

Attachment 1: Fresno VA Maintenance Procedures

ATTACHEMENT 2

Quality Assurance Surveillance Plan (QASP)

The following Performance Requirement Services Summary identifies the performance objective and performance thresholds for critical tasks associated with providing support services for this requirement. The performance threshold describes the minimum acceptable levels of service required for each requirement. The Performance Requirements Summary shall not take the place of the PWS. These thresholds are critical to mission success. Failure to meet the standard will result in termination for default.

1. Maintain Grounds Grass is maintained within proper height for its area. Grass is healthy, growing vigorously, and presents a neat, professional appearance. Fertilizer and soil amendments are applied on time and in the correct amount. Soil is aerated.

2. Maintain Trees, Shrubs, and Hedges Trees, shrubs, and hedges flourish and do not need to be replaced. They have adequate drainage and mulch. They do not show any sign of disease or pests and appear healthy. They are pruned properly and in a timely manner. They are trimmed properly. Trees removed are disposed of properly and the area restored to match. Fertilizer and soil amendments are applied.

ATTACHEMENT 3

Sample

DAILY GROUNDS WORK SHEET

Date________________

LAWN MAINTENANCE

a. Mowing

b. Edging

c. Aerating

d. Dethatching

TRASH/LITTER COLLECTION and SWEEPING

a. Wash trash receptacles

b. Empty trash/cigarette receptacles

c. Replace trash receptacle liners

d. Pick up and dispose litter

e. Sweep/wash paved surfaces

FERTILIZATION

a. Fertilize lawn

b. Fertilize other vegetation

WEED ERADICATION

a. Removed weeds and other unwanted vegetation.

b. Cut weeds

SPRINKLER SYSTEM

a. Inspect sprinkler system operation

b. Adjust and repair heads, controls, and timers

INSECTICIDE APPLICATION

a. Spray in developed areas

b. Spray in undeveloped areas

PRUNING

a. Prune all trees and shrubs in developed area

b. Prune all trees and shrubs in undeveloped areas

c. Remove fallen branches, fruit, and leaves

COMMENTS:

B.2 PRICE/COST SCHEDULE

ITEM INFORMATION

12.00

MO

PERFORM LANDSCAPING AND GROUNDS

MAINTENANCE IN ACCORDANCE WITH

THE PERFORMACNE WORK STATEMENT

Contract Period: Base POP Begin: 10-01-2023 POP End: 09-30-2024 PRINCIPAL NAICS CODE: 561730 - Landscaping Services PRODUCT/SERVICE CODE: S208 - Housekeeping - Landscaping/Groundskeeping

MANUFACTURER PART NUMBER (MPN): NA

12.00

MO

PERFORM LANDSCAPING AND GROUNDS

MAINTENANCE IN ACCORDANCE WITH

THE PERFORMACNE WORK STATEMENT

Contract Period: Option 1 POP Begin: 10-01-2024 POP End: 09-30-2025 PRINCIPAL NAICS CODE: 561730 - Landscaping Services PRODUCT/SERVICE CODE: S208 - Housekeeping - Landscaping/Groundskeeping

MANUFACTURER PART NUMBER (MPN): NA

GRAND TOTAL

SECTION C - CONTRACT CLAUSES

C.1 52.212-4 CONTRACT TERMS AND CONDITIONS—COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES (DEC 2022)

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

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

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

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

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

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

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

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

(g) Invoice.

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

(i) Name and address of the Contractor;

(ii) Invoice date and number;

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

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

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

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

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

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

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

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

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

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

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

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

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

(i) Payment.—

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

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

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

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

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

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

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

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

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

(D) Contractor point of contact.

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

(6) Interest.

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

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

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

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

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

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

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

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

(A) The date fixed under this contract.

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

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

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

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

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

(vii) The interest charge made under this clause may be reduced under the procedures prescribed in FAR 32.608-2 in effect on the date of this contract.

(j) Risk of loss. Unless the contract specifically provides otherwise, risk of loss or damage to the supplies provided under this contract shall remain with the Contractor until, and shall pass to the Government upon:

(1) Delivery of the supplies to a carrier, if transportation is f.o.b. origin; or

(2) Delivery of the supplies to the Government at the destination specified in the contract, if transportation is f.o.b. destination.

(k) Taxes. The contract price includes all applicable Federal, State, and local taxes and duties.

(l) Termination for the Government's convenience. The Government reserves the right to terminate this contract, or any part hereof, for its sole convenience. In the event of such termination, the Contractor shall immediately stop all work hereunder and shall immediately cause any and all of its suppliers and subcontractors to cease work. Subject to the terms of this contract, the Contractor shall be paid a percentage of the contract price reflecting the percentage of the work performed prior to the notice of termination, plus reasonable charges the Contractor can demonstrate to the satisfaction of the Government using its standard record keeping system, have resulted from the termination. The Contractor shall not be required to comply with the cost accounting standards or contract cost principles for this purpose. This paragraph does not give the Government any right to audit the Contractor's records. The Contractor shall not be paid for any work performed or costs incurred which reasonably could have been avoided.

(m) Termination for cause. The Government may terminate this contract, or any part hereof, for cause in the event of any default by the Contractor, or if the Contractor fails to comply with any contract terms and conditions, or fails to provide the Government, upon request, with adequate assurances of future performance. In the event of termination for cause, the Government shall not be liable to the Contractor for any amount for supplies or services not accepted, and the Contractor shall be liable to the Government for any and all rights and remedies provided by law.