36C26319Q0723-001.pdf

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. DUNS: DUNS+4:

PHONE: FAX:

17b. CHECK IF REMITTANCE IS DIFFERENT AND PUT SUCH ADDRESS IN OFFER

18b. SUBMIT INVOICES TO ADDRESS SHOWN IN BLOCK 18a UNLESS BLOCK BELOW IS CHECKED

SEE ADDENDUM

19. 20. 21. 22. 23. 24.

ITEM NO. SCHEDULE OF SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

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

25. ACCOUNTING AND APPROPRIATION DATA 26. TOTAL AWARD AMOUNT (For Govt. Use Only)

27a. SOLICITATION INCORPORATES BY REFERENCE FAR 52.212-1, 52.212-4. FAR 52.212-3 AND 52.212-5 ARE ATTACHED. ADDENDA ARE ARE NOT ATTACHED.

27b. CONTRACT/PURCHASE ORDER INCORPORATES BY REFERENCE FAR 52.212-4. FAR 52.212-5 IS ATTACHED. ADDENDA ARE ARE NOT ATTACHED

28. CONTRACTOR IS REQUIRED TO SIGN THIS DOCUMENT AND RETURN _______________ 29. AWARD OF CONTRACT: REF. ___________________________________ OFFER

COPIES TO ISSUING OFFICE. CONTRACTOR AGREES TO FURNISH AND DATED ________________________________. YOUR OFFER ON SOLICITATION

DELIVER ALL ITEMS SET FORTH OR OTHERWISE IDENTIFIED ABOVE AND ON ANY (BLOCK 5), INCLUDING ANY ADDITIONS OR CHANGES WHICH ARE

ADDITIONAL SHEETS SUBJECT TO THE TERMS AND CONDITIONS SPECIFIED SET FORTH HEREIN IS ACCEPTED AS TO ITEMS:

30a. SIGNATURE OF OFFEROR/CONTRACTOR 31a. UNITED STATES OF AMERICA (SIGNATURE OF CONTRACTING OFFICER)

30b. NAME AND TITLE OF SIGNER (TYPE OR PRINT) 30c. DATE SIGNED 31b. NAME OF CONTRACTING OFFICER (TYPE OR PRINT) 31c. DATE SIGNED

AUTHORIZED FOR LOCAL REPRODUCTION (REV. 2/2012)

PREVIOUS EDITION IS NOT USABLE Prescribed by GSA - FAR (48 CFR) 53.212

7. FOR SOLICITATION

INFORMATION CALL:

STANDARD FORM 1449

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

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS 74

438-19-4-1115-1204

36C26319Q0723 08-09-2019

John Becker (john.becker3@va.gov) 605-336-3203 x7960 08-22-2019

10:00 AM CST

Department of Veterans Affairs

NETWORK 23 CONTRACTING OFFICE

2501 W. 22nd St.

Sioux Falls SD 57105

X 100

X

561730

$7.5 Million

N/A

X

Sioux Falls VA Health Care System

NETWORK 23 CONTRACTING OFFICE

Tungsten Electronic Invoicing

VA Tungsten Number is: AAA544240062 va.registration@tungsten-network.com

Refer to VAAR Clause 852.232-72

See CONTINUATION Page

Emerald Ash Borer Treatment, Tree Trimming, and Tree Removal

Service to support the Sioux Falls SD VA Health Care System

(VAHCS) located at 2501 W. 22nd Street, Sioux Falls SD

57105. See Statement of Work and Cost Schedule for specific requirements and contractor qualifications.

Period of Performance: 9/1/2019 to 8/31/2020 and includes four (4), one-year option periods.

This is a 100% SDVOSB set-aside; offerors shall be registered and verified as SDVOSB in the Department of

Veterans Affairs Vendor Information Pages (VIP) database at the time of submission of offer and prior to award.

Offerors shall be have an active System for Award (SAM) registration at the time of offer and prior to award.

Subcontracting limitations shall apply to this acquisition.

DOL Wage Determination 2015-5369 Revision 7 dated 12/26/2018 applies to all services performed under this requirement.

Evaluation of Offers: Price Alone

See CONTINUATION Page

438-3690162-1115-853300-2543-0100501X3

438-19-4-1115-1204

X X

Kelly Nussbaum

NCO2316L3-4591

36C26319Q0723

Table of Contents

SECTION A

A.1 SF 1449 SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS

SECTION B - CONTINUATION OF SF 1449 BLOCKS

B.1 CONTRACT ADMINISTRATION DATA

B.2 STATEMENT OF WORK

B.3 PRICE/COST SCHEDULE

SECTION C - CONTRACT CLAUSES

C.1 52.212-4 CONTRACT TERMS AND CONDITIONS—COMMERCIAL ITEMS (OCT

2018)

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

C.3 52.204-13 SYSTEM FOR AWARD MANAGEMENT MAINTENANCE (OCT 2018)

C.4 52.216-18 ORDERING (OCT 1995)

C.5 52.216-19 ORDER LIMITATIONS (OCT 1995)

C.6 52.216-22 INDEFINITE QUANTITY (OCT 1995)

C.7 52.217-8 OPTION TO EXTEND SERVICES (NOV 1999)

C.8 52.217-9 OPTION TO EXTEND THE TERM OF THE CONTRACT (MAR 2000) ...26

C.9 52.228-5 INSURANCE—WORK ON A GOVERNMENT INSTALLATION (JAN 1997)

C.10 SUPPLEMENTAL INSURANCE REQUIREMENTS

C.11 52.236-9 PROTECTION OF EXISTING VEGETATION, STRUCTURES,

EQUIPMENT, UTILITIES, AND IMPROVEMENTS (APR 1984)

C.12 VAAR 852.203-70 COMMERCIAL ADVERTISING (MAY 2018)

C.13 VAAR 852.219-10 VA NOTICE OF TOTAL SERVICE-DISABLED VETERAN-

OWNED SMALL BUSINESS SET-ASIDE (JUL 2016)(DEVIATION)

C.14 VAAR 852.219-74 LIMITATIONS ON SUBCONTRACTING—MONITORING AND

COMPLIANCE (JUL 2018)

C.15 VAAR 852.232-72 ELECTRONIC SUBMISSION OF PAYMENT REQUESTS

(NOV 2018)

C.16 VAAR 852.237-70 CONTRACTOR RESPONSIBILITIES (APR 1984)

C.17 52.212-5 CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT

STATUTES OR EXECUTIVE ORDERS—COMMERCIAL ITEMS (MAY 2019)

SECTION D - CONTRACT DOCUMENTS, EXHIBITS, OR ATTACHMENTS

D.1 WAGE DETERMINATION

D.2 ATTACHMENT: EXAMPLE OF PRODUCT LITERATURE FOR INSECTICIDE

APPLICATION

SECTION E - SOLICITATION PROVISIONS

E.1 52.212-1 INSTRUCTIONS TO OFFERORS—COMMERCIAL ITEMS (OCT 2018)

E.2 52.252-1 SOLICITATION PROVISIONS INCORPORATED BY REFERENCE (FEB

1998)

E.3 52.204-7 SYSTEM FOR AWARD MANAGEMENT (OCT 2018)

E.4 52.204-16 COMMERCIAL AND GOVERNMENT ENTITY CODE REPORTING

(JUL 2016)

E.5 52.212-2 EVALUATION—COMMERCIAL ITEMS (OCT 2014)

E.6 52.212-3 OFFEROR REPRESENTATIONS AND CERTIFICATIONS—

COMMERCIAL ITEMS (OCT 2018)

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: Business Name: ________________________________

DUNS: ________________________________

Contact Person: ________________________________

Contact Phone/Email: ________________________________

b. GOVERNMENT: Contracting Officer 36C263 Kelly Nussbaum Department of Veterans Affairs

NETWORK 23 CONTRACTING OFFICE

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

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

[] 52.232-36, Payment by Third Party

3. INVOICES: Invoices shall be submitted in arrears:

a. Quarterly []

b. Semi-Annually []

c. Other [X] Within 30 Days after performance of Service

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

Requests.

Department of Veterans Affairs Tungsten Electronic Invoicing VA Tungsten Number is: AAA544240062 va.registration@tungsten-network.com Refer to VAAR Clause 852.232-72

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

AMENDMENT NO DATE

B.2 STATEMENT OF WORK

EMERALD ASH BORER TREATMENT, TREE TRIMMMING, AND TREE REMOVAL

SERVICE

1. DESCRIPTION OF SERVICES. The Contractor shall provide all labor, material, tools, management, and equipment necessary to provide Emerald Ash Borer Treatment, Tree

Trimming, and Tree Removal Service at the U.S. Department of Veterans Affairs (VA), Sioux

Falls VA Health Care System (VAHCS) located at 2501 W 22nd Street, Sioux Falls, South

Dakota 57105.

2. PERIOD OF PERFORMANCE: The contract includes one base year and four (4), one-year option periods.

a. Base Year: 9/1/2019 to 8/31/2020

b. Option Year 1: 9/1/2020 to 8/31/2021

c. Option Year 2: 9/1/2021 to 8/31/2022

d. Option Year 3: 9/1/2022 to 8/31/2023

e. Option Year 4: 9/1/2023 to 8/31/2024

3. QUALIFICATIONS.

a. Contractor shall obtain all licenses, permits, etc. to perform required services.

i. Arborists shall be licensed by the City of Sioux Falls, South Dakota. Licensing is a legal requirement to provide Arborist Services in Sioux Falls South

Dakota.

ii. Tree Trimming and Removal, contractor shall be licensed by the City of Sioux

Falls South Dakota. Licensing is a legal requirement to provide Tree

Trimming/Removal Services in Sioux Falls South Dakota.

iii. Contractor shall provide proof of City of Sioux Falls South Dakota Arborist license prior to commencement of services.

iv. Code of Ordinances for Sioux Falls South Dakota; Arborist’s License and Ash

Tree Regulations:

http://library.amlegal.com/nxt/gateway.dll/South%20Dakota/siouxfalls_sd/titlei xgeneralregulations/chapter94forestry?f=templates$fn=altmain-nf.htm$q=%5bfield%20folio-destination-name:'94.060'%5d$x=Advanced#JD_94.060

v. City of Sioux Falls South Dakota Forestry information:

https://www.siouxfalls.org/parks/forestry

b. At least one (1) contract employee shall be a City of Sioux Falls, South Dakota licensed Arborist to oversee tree trimming activities.

c. Contract employees administering insecticide or chemicals shall be licensed by the

State of South Dakota to apply tree chemicals.

i. Contract Chemical Applicators shall have a current State of South Dakota

Commercial Pesticide Applicators License from the South Dakota

Department of Agriculture.

ii. Commercial applicator certification and licensure is valid for two years and must be renewed by March 1st.

http://library.amlegal.com/nxt/gateway.dll/South%20Dakota/siouxfalls_sd/titleixgeneralregulations/chapter94forestry?f=templates$fn=altmain-nf.htm$q=%5bfield%20folio-destination-name:'94.060'%5d$x=Advanced#JD_94.060 http://library.amlegal.com/nxt/gateway.dll/South%20Dakota/siouxfalls_sd/titleixgeneralregulations/chapter94forestry?f=templates$fn=altmain-nf.htm$q=%5bfield%20folio-destination-name:'94.060'%5d$x=Advanced#JD_94.060 http://library.amlegal.com/nxt/gateway.dll/South%20Dakota/siouxfalls_sd/titleixgeneralregulations/chapter94forestry?f=templates$fn=altmain-nf.htm$q=%5bfield%20folio-destination-name:'94.060'%5d$x=Advanced#JD_94.060 http://library.amlegal.com/nxt/gateway.dll/South%20Dakota/siouxfalls_sd/titleixgeneralregulations/chapter94forestry?f=templates$fn=altmain-nf.htm$q=%5bfield%20folio-destination-name:'94.060'%5d$x=Advanced#JD_94.060 https://www.siouxfalls.org/parks/forestry

iii. Information on State of South Dakota Pesticide Applicators & Dealers license:

https://sdda.sd.gov/ag-services/pesticide-program/certification-licensing-registration/licensing-and-education/

4. EMERALD ASH BORER TREATMENT. The Contractor shall provide all labor, material, tools, management, and equipment necessary to provide treatment for emerald ash borer protection.

a. Specific Period of Performance. Treatment shall be completed when the trees are leafed out and prior to trees losing their leaves, and not later than November 1 during each yearly period of performance of the contract, whichever occurs first. The specific date shall be coordinated with the VA Technical Representative. Any delay in treatment will compromise the effectiveness of emerald ash borer treatments.

b. Specific tasks:

i. Apply trunk injected systemic Emamectin Benzoate, or approved equal approved by the VA Technical Representative, for two-year Emerald Ash

Borer (EAB) protection to approximately 90 Ash trees (approximately 2,150 caliper inches) on the Sioux Falls, SD VA Health Care System campus. The

Government will retain the authority in determining the approved chemical(s).

ii. Method of application shall be Direct Trunk Injections. Absolutely no spraying of chemicals will be allowed.

iii. Chemical Injection rates per direction of VA Technical Representative should be injected as per chemical manufacturer’s application table shall be administered to all trees (see attached recommendation). The Government shall review contractor records regarding injection dosages. Failure to provide a Medium Rate of Injection will result in reapplication to provide the proper dosage at no additional expense to the Government. Injection volumes shall be reviewed and monitored by the VA Technical Representative or designated representative.

iv. Due to continual tree growth, the Contractor shall verify the number of caliper inches prior to treatment. Caliper inches shall be recorded and readily available for inspection and verification.

v. All tree injections shall be documented and submitted to the Sioux Falls VA

Engineering Department and other agencies as required by the City of Sioux

Falls, South Dakota regulations, within fifteen (15) calendar days after treatment.

vi. Each treatment shall provide two-years of protection for each tree.

vii. Treatment shall provide preventative and therapeutic control of the emerald ash borer (EAB).

viii. All applications must meet Environmental Protection Agency (EPA) regulations.

ix. Before any chemical is brought onto VA campus, a safety data sheets (SDS) must be provided to and approved by the VA Technical Representative.

x. Any damage caused by the Contractor during contract performance, i.e., ground damage made by vehicles or equipment, must be repaired to original condition by the contractor at no cost to the government.

https://sdda.sd.gov/ag-services/pesticide-program/certification-licensing-registration/licensing-and-education/ https://sdda.sd.gov/ag-services/pesticide-program/certification-licensing-registration/licensing-and-education/

xi. Treatment shall be completed in one mobilization over the course of consecutive days. The contractor will coordinate the schedule with the VA

Technical Representative prior to commencing the treatments.

5. TREE TRIMMING, TREE REMOVAL, AND ARBORIST

a. The contractor shall provide tree trimming and tree removal service located at the

Sioux Falls VA Health Care System. Services shall include all of the contractor’s resources necessary, including labor and equipment, to provide the complete services.

b. Contractor shall provide all equipment to safely trim, cut down, and remove stumps from trees that need maintenance as required by the VA Technical Representative.

c. Contractor shall have a Certificate of Liability Insurance at the rates and amounts identified in the contract.

d. Prior to any tree trimming, the Contractor shall consult with a City of Sioux Falls, South Dakota licensed Arborist.

e. All tree debris shall be removed from VA property by the contractor on the same day a tree is removed.

f. Any tree removal shall include stump removal. Any stump removal shall include backfill and grass seed to fill in any holes created by the contractor.

g. The contractor shall ensure that all safety regulations, including but not limited to

OSHA, are met during all operations completed on VA property.

h. Any damage to VA property caused by the contractor while removing trees or trimming must be repaired to original condition by the contractor at no cost to the government.

i. Contractor shall provide on-site services at the VA campus within five (5) calendar days of a request for services from the Sioux Falls VA Health Care System and/or

Technical Representative.

6. SAFETY DATA SHEETS (SDS)

a. Prior to commencement of services, the contractor shall provide all required Safety

Data Sheets (SDS) in accordance with VA and OSHA regulations. The SDS shall be provided to the VA Technical Representative for the project.

7. CONTRACTOR PROVIDED REPORTS

a. A service report shall be provided to the VA Technical Representative upon completion of each visit. The report shall also include, but not limited to, information of products used, and reference to any Safety Data Sheets previously submitted as required by the specifications and OSHA. In addition, each service report must, at a minimum, document the information listed below legibly and in complete detail. A written report is required upon completion of all work performed. Reports must be submitted in original copy.

Contractor will only invoice after receipt of required reports.

i. Name of Contractor

ii. Name of contractor personnel who performed services

iii. Contractor service report number or log number

iv. Date, time (starting and ending), and hours on-site

v. Itemized description of services performed including location of trees on campus

vi. Signatures of the contractor personnel performing the services and the VA employee who verified completion of the services described

8. FACILITY HOURS OF OPERATION

a. Normal hours of operation are Monday through Friday from 8:00 AM to 4:30 PM

Central Time, excluding federal holidays. All work shall be performed during normal hours of operation prior approval from the VA Technical Repetitive is received by the contractor.

b. Contractor may be authorized to provide services after hours and on weekends.

Contractor must obtain prior approval from VA Technical Representative before working after hours. No additional fees shall be authorized for after hour service.

c. No service shall be performed after 9:00 PM or before 7:00 AM.

d. Federal holidays observed include:

i. New Year's Day (January 1)

ii. Birthday of Martin Luther King, Jr. (Third Monday in January)

iii. Washington's Birthday (Third Monday in February)

iv. Memorial Day (Last Monday in May)

v. Independence Day (July 4)

vi. Labor Day (First Monday in September)

vii. Columbus Day (Second Monday in October)

viii. Veterans Day (November 11)

ix. Thanksgiving Day (Fourth Thursday in November)

x. Christmas Day (December 25)

xi. Also included would be any other day specifically declared by the President of the United States to be a federal holiday.

9. SECURITY AND SPECIAL CONSIDERATIONS

a. All contract personnel shall check in and check out at the Sioux Falls VAHCS

Engineering Department, Building 17, prior to commencing work and at the end of daily work.

b. Prior to any digging on campus a dig permit must be received from Sioux Falls

VAHCS Engineering Department, Building 17. Dig permits are required for any operation in which the soil is broken. The permits can be issued on the same day that work is to start.

c. The Sioux Falls VAHCS is a smoke-free facility. No smoking on the grounds of the

Sioux Falls VAHCS. Smoking inside of vehicles on Sioux Falls VAHCS property is also not allowed.

d. Government Parking. Contract employees shall park in designated parking locations.

The location will be provided by the Sioux Falls VA Medical Center, Chief of

Engineering, or his/her designated representative.

e. Possession of weapons on Government property is prohibited. Enclosed containers, including tool kits, shall be subject to search at any time.

f. Contractor Employee Conduct and Behavior. Contractor employees shall be professional at all time, not use profanity, or make/use derogatory comments while on Government property.

g. No alcoholic beverages or drugs are allowed on the installation. The VA has implemented a smoke free environment policy.

h. Any violation may result in a citation answerable in the United States (Federal)

District Court, not a local district, state or municipal court. This includes traffic citations on Federal property.

10. PROTECTION OF GOVERNMENT PROPERTY

a. During work execution, the contractor shall take special care to protect government’s property including grass, concrete, trees, and other surfaces. Any damage must be reported to the VA Technical Representative immediately for appropriate action.

Damage resulting from the contractor’s operations shall be repaired by the contractor, including painting, refinishing, or replacement, if necessary, at no additional cost to the government.

b. The contractor shall be responsible to meet OSHA safety requirements in the performance of the work. This shall include, but not limited to, taking all the necessary precautions to protect the patients, visitors, staff, and personnel. The contractor shall be held responsible for any injuries and/or damage, which may be caused as a result of the contractor’s failure to adhere to requirements.

c. Contractor shall provide Certificate liability insurance for coverage no less than $1

Million. Contractor shall submit proof of liability insurance at the time of submission of offer and prior to contract option year renewal.

11. CHEMICAL AND USE REFERENCE. See attachment for example of chemical that will be allowed on the VA campus including the application rate table.

12. BILLING/INVOICING

a. Contractor to invoice twice monthly or as needed, but not later than thirty (30) days of completion of services.

b. In addition to information required for submission of a “proper” invoice in accordance with FAR 52.212-4 (g), all invoices must include:

i. Name and Address of Contractor

ii. Invoice Date and Invoice Number

iii. Contract Number and Purchase/Task Order Number

iv. Date(s) of Service

v. Cost of service, i.e., hourly rate, quantity, job cost, etc.

vi. Total price

c. Electronic Invoice Submission Methods.

i. Invoice(s) shall be electronically submitted through the Tungsten Network:

https://www.tungsten-network.com/customer-campaigns/veterans-affairs/

ii. The VA-FSC pays all associated transaction fees for VA orders.

iii. Tungsten direct vendor support number is 877-489-6135 for VA contracts.

iv. During Implementation (technical set-up) Tungsten will confirm your Tax

Payer ID Number with the VA-FSC. This process can take up to five (5) business days to complete to ensure your invoice is automatically routed to your Certifying Official for approval and payment. https://www.tungsten-network.com/us/support/

v. The VA-FSC pays all associated transaction fees for VA orders.

https://www.tungsten-network.com/customer-campaigns/veterans-affairs/ https://www.tungsten-network.com/us/support/ https://www.tungsten-network.com/us/support/

vi. For additional information, please contact:

• Tungsten Support, Phone: 1-877-752-0900, Email:

va.registration@tungsten-network.com

• Department of Veterans Affairs Financial Service Center, Phone: 1-

877-353-9791, Email: vafscched@va.gov mailto:va.registration@tungsten-network.com mailto:vafscched@va.gov

B.3 PRICE/COST SCHEDULE

This is an indefinite delivery indefinite quantity (IDIQ) contract.

The contract guaranteed minimum is $5,000.00 for the base period of performance only. The Government will award a task order for a minimum of $5,000.00 at the time of the IDIQ contract award.

The contract maximum limit is $350,000.00 for the lifetime of the contract.

Quantities listed in the Price/Cost Schedule below are estimates only. Actual quantities of service will be order via task orders from the IDIQ contract and may be fore quantities more or less than the estimated quantities of the contract.

Only warranted Contracting Officers from the Department of Veterans Affairs (VA) Network Contracting Office 23 (NCO 23) may issue task orders from the IDIQ contract.

ITEM INFORMATION

ITEM

NUMBER

DESCRIPTION OF

SUPPLIES/SERVICES

ESTIMATED

QUANTITY UNIT UNIT PRICE

ESTIMATED TOTAL

AMOUNT

20.00 EA __________ ___________

Tree Trimming and Tree Removal (Half Day)

Five (5) hours or less Contract Period: Base POP Begin: 09-01-2019 POP End: 08-31-2020

10.00 EA __________ ___________

Tree Trimming and Tree Removal (Full Day)

Between five (5) hours and ten (10) hours Contract Period: Base

2,300.00 IN __________ ___________

Application of Insecticide for Emerald Ash Borer

Contract Period: Base

0003AA

Low Rate (per manufacturer's specifications based upon tree diameter and volume of chemical) Contract Period: Base

0003BB

Medium Rate (per manufacturer's specifications based upon tree diameter and volume of chemical) Contract Period: Base

0003CC

ITEM

NUMBER

DESCRIPTION OF

SUPPLIES/SERVICES

ESTIMATED

QUANTITY UNIT UNIT PRICE

ESTIMATED TOTAL

AMOUNT

High Rate (per manufacturer's specifications based upon tree diameter and volume of chemical) Contract Period: Base

Five (5) hours or less Contract Period: Option 1 POP Begin: 09-01-2020 POP End: 08-31-2021

Between five (5) hours and ten (10) hours Contract Period: Option 1

Contract Period: Option 1

1003AA

tree diameter and volume of chemical) Contract Period: Option 1

1003BB

upon tree diameter and volume of chemical) Contract Period: Option 1

1003CC

High Rate (per manufacturer's specifications based upon tree diameter and volume of chemical) Contract Period: Option 1

Five (5) hours or less Contract Period: Option 2

ITEM

NUMBER

DESCRIPTION OF

SUPPLIES/SERVICES

ESTIMATED

QUANTITY UNIT UNIT PRICE

ESTIMATED TOTAL

AMOUNT

POP Begin: 09-01-2021 POP End: 08-31-2022

Between five (5) hours and ten (10) hours Contract Period: Option 2

Contract Period: Option 2

2003AA

tree diameter and volume of chemical) Contract Period: Option 2

2003BB

upon tree diameter and volume of chemical) Contract Period: Option 2

2003CC

tree diameter and volume of chemical) Contract Period: Option 2

Five (5) hours or less Contract Period: Option 3 POP Begin: 09-01-2022 POP End: 08-31-2023

Between five (5) hours and ten (10) hours Contract Period: Option 3

ITEM

NUMBER

DESCRIPTION OF

SUPPLIES/SERVICES

ESTIMATED

QUANTITY UNIT UNIT PRICE

ESTIMATED TOTAL

AMOUNT

Contract Period: Option 3

3003AA

tree diameter and volume of chemical) Contract Period: Option 3

3003BB

upon tree diameter and volume of chemical) Contract Period: Option 3

3003CC

tree diameter and volume of chemical) Contract Period: Option 3

Five (5) hours or less Contract Period: Option 4 POP Begin: 09-01-2023 POP End: 08-31-2024

Between five (5) hours and ten (10) hours Contract Period: Option 4

Contract Period: Option 4

4003AA

tree diameter and volume of chemical) Contract Period: Option 4

ITEM

NUMBER

DESCRIPTION OF

SUPPLIES/SERVICES

ESTIMATED

QUANTITY UNIT UNIT PRICE

ESTIMATED TOTAL

AMOUNT

4003BB

upon tree diameter and volume of chemical) Contract Period: Option 4

4003CC

tree diameter and volume of chemical) Contract Period: Option 4

ESTIMATED

GRAND

TOTAL __________________

SECTION C - CONTRACT CLAUSES

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

ITEMS (OCT 2018)

(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 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 32.608-2 of the Federal Acquisition Regulation in effect on the date of this contract.

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

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

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

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

(l) Termination for the Government's convenience. The Government reserves the right to terminate this contract, or any part hereof, for its sole convenience. In the event of such termination, the Contractor shall immediately stop all work hereunder and shall immediately cause any and all of its suppliers and subcontractors to cease work. Subject to the terms of this contract, the Contractor shall be paid a percentage of the contract price reflecting the percentage of the work performed prior to the notice of termination, plus reasonable charges the

Contractor can demonstrate to the satisfaction of the Government using its standard record keeping system, have resulted from the termination. The Contractor shall not be required to comply with the cost accounting standards or contract cost principles for this purpose. This paragraph does not give the Government any right to audit the Contractor's records. The

Contractor shall not be paid for any work performed or costs incurred which reasonably could have been avoided.

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

Contractor shall be liable to the Government for any and all rights and remedies provided by law. If it is determined that the Government improperly terminated this contract for default, such termination shall be deemed a termination for convenience.

(n) Title. Unless specified elsewhere in this contract, title to items furnished under this contract shall pass to the Government upon acceptance, regardless of when or where the Government takes physical possession.

(o) Warranty. The Contractor warrants and implies that the items delivered hereunder are merchantable and fit for use for the particular purpose described in this contract.

(p) Limitation of liability. Except as otherwise provided by an express warranty, the Contractor will not be liable to the Government for consequential damages resulting from any defect or deficiencies in accepted items.

(q) Other compliances. The Contractor shall comply with all applicable Federal, State and local laws, executive orders, rules and regulations applicable to its performance under this contract.

(r) Compliance with laws unique to Government contracts. The Contractor agrees to comply with 31 U.S.C. 1352 relating to limitations on the use of appropriated funds to influence certain

Federal contracts; 18 U.S.C. 431 relating to officials not to benefit; 40 U.S.C. chapter 37, Contract Work Hours and Safety Standards; 41 U.S.C. chapter 87, Kickbacks; 41 U.S.C. 4712 and 10 U.S.C. 2409 relating to whistleblower protections; 49 U.S.C. 40118, Fly American; and

41 U.S.C. chapter 21 relating to procurement integrity.

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

(1) The schedule of supplies/services.

(2) The Assignments, Disputes, Payments, Invoice, Other Compliances, Compliance with

Laws Unique to Government Contracts, and Unauthorized Obligations paragraphs of this clause;

(3) The clause at 52.212-5.

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

(5) Solicitation provisions if this is a solicitation.

(6) Other paragraphs of this clause.

(7) The Standard Form 1449.

(8) Other documents, exhibits, and attachments

(9) The specification.

(t) [Reserved]

(u) Unauthorized Obligations.

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

(TOS), or similar legal instrument or agreement, that includes any clause requiring the

Government to indemnify the Contractor or any person or entity for damages, costs, fees, or any other loss or liability that would create an Anti-Deficiency Act violation (31 U.S.C. 1341), the following shall govern:

(i) Any such clause is unenforceable against the Government.

(ii) Neither the Government nor any Government authorized end user shall be deemed to have agreed to such clause by virtue of it appearing in the EULA, TOS, or similar legal instrument or agreement. If the EULA, TOS, or similar legal instrument or agreement is invoked through an “I agree” click box or other comparable mechanism (e.g., “click-wrap” or “browse-wrap” agreements), execution does not bind the Government or any Government authorized end user to such clause.

(iii) Any such clause is deemed to be stricken from the EULA, TOS, or similar legal instrument or agreement.

(2) Paragraph (u)(1) of this clause does not apply to indemnification by the Government that is expressly authorized by statute and specifically authorized under applicable agency regulations and procedures.

(v) Incorporation by reference. The Contractor’s representations and certifications, including those completed electronically via the System for Award Management (SAM), are incorporated by reference into the contract.

(End of Clause)

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

ITEMS

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

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

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

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

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

(End of Clause)

FAR

Number

Title Date

52.204-18 COMMERCIAL AND GOVERNMENT ENTITY CODE

MAINTENANCE

JUL 2016

52.232-40 PROVIDING ACCELERATED PAYMENTS TO SMALL

BUSINESS SUBCONTRACTORS

DEC 2013

C.3 52.204-13 SYSTEM FOR AWARD MANAGEMENT MAINTENANCE (OCT

2018)

(a) Definitions. As used in this clause—

Electronic Funds Transfer (EFT) indicator means a four-character suffix to the unique entity identifier. The suffix is assigned at the discretion of the commercial, nonprofit, or Government entity to establish additional System for Award Management (SAM) records for identifying alternative EFT accounts (see subpart 32.11) for the same entity.

Registered in the System for Award Management (SAM) means that—

(1) The Contractor has entered all mandatory information, including the unique entity identifier and the EFT indicator (if applicable), the Commercial and Government Entity (CAGE) code, as well as data required by the Federal Funding Accountability and Transparency Act of 2006 (see subpart 4.14), into SAM;

(2) The Contractor has completed the Core, Assertions, Representations and Certifications, and Points of Contact sections of the registration in SAM;

(3) The Government has validated all mandatory data fields, to include validation of the

Taxpayer Identification Number (TIN) with the Internal Revenue Service (IRS). The Contractor will be required to provide consent for TIN validation to the Government as a part of the SAM registration process; and

(4) The Government has marked the record “Active”.

System for Award Management (SAM) means the primary Government repository for prospective Federal awardee and Federal awardee information and the centralized Government system for certain contracting, grants, and other assistance-related processes. It includes—

(1) Data collected from prospective Federal awardees required for the conduct of business with the Government;

(2) Prospective contractor-submitted annual representations and certifications in accordance with FAR subpart 4.12; and

(3) Identification of those parties excluded from receiving Federal contracts, certain subcontracts, and certain types of Federal financial and non-financial assistance and benefits.

Unique entity identifier means a number or other identifier used to identify a specific commercial, nonprofit, or Government entity. See http://www.sam.gov for the designated entity for establishing unique entity identifiers.

(b) If the solicitation for this contract contained the provision 52.204–7 with its Alternate I, and the Contractor was unable to register prior to award, the Contractor shall be registered in SAM within 30 days after award or before three days prior to submission of the first invoice, whichever occurs first.

(c) The Contractor shall maintain registration in SAM during contract performance and through final payment of any contract, basic agreement, basic ordering agreement, or blanket purchasing agreement. The Contractor is responsible for the currency, accuracy and completeness of the data within SAM, and for any liability resulting from the Government’s reliance on inaccurate or incomplete data. To remain registered in SAM after the initial registration, the Contractor is required to review and update on an annual basis, from the date of initial registration or subsequent updates, its information in SAM to ensure it is current, accurate and complete. Updating information in SAM does not alter the terms and conditions of this contract and is not a substitute for a properly executed contractual document.

(d)(1)(i) If a Contractor has legally changed its business name or ‘‘doing business as’’ name

(whichever is shown on the contract), or has transferred the assets used in performing the contract, but has not completed the necessary requirements regarding novation and change-of-name agreements in subpart 42.12, the Contractor shall provide the responsible Contracting

Officer a minimum of one business day’s written notification of its intention to—

(A) Change the name in SAM;

(B)Comply with the requirements of subpart 42.12 of the FAR; and

(C) Agree in writing to the timeline and procedures specified by the responsible Contracting

Officer. The Contractor shall provide with the notification sufficient documentation to support the legally changed name.

(ii) If the Contractor fails to comply with the requirements of paragraph (d)(1)(i) of this clause, or fails to perform the agreement at paragraph (d)(1)(i)(C) of this clause, and, in the absence of a properly executed novation or change-of-name agreement, the SAM information that shows the Contractor to be other than the Contractor indicated in the contract will be considered to be incorrect information within the meaning of the ‘‘Suspension of Payment’’ paragraph of the electronic funds transfer (EFT) clause of this contract.

(2) The Contractor shall not change the name or address for EFT payments or manual payments, as appropriate, in SAM record to reflect an assignee for the purpose of assignment of claims (see FAR subpart 32.8, Assignment of Claims). Assignees shall be separately registered in SAM. Information provided to the Contractor's SAM record that indicates http://www.sam.gov/ payments, including those made by EFT, to an ultimate recipient other than that Contractor will be considered to be incorrect information within the meaning of the “Suspension of Payment” paragraph of the EFT clause of this contract.

(3) The Contractor shall ensure that the unique entity identifier is maintained with the entity designated at www.sam.gov for establishment of the unique entity identifier throughout the life of the contract. The Contractor shall communicate any change to the unique entity identifier to the Contracting Officer within 30 days after the change, so an appropriate modification can be issued to update the data on the contract. A change in the unique entity identifier does not necessarily require a novation be accomplished.

(e) Contractors may obtain additional information on registration and annual confirmation requirements at www.sam.gov.

(End of Clause)

C.4 52.216-18 ORDERING (OCT 1995)

(a) Any supplies and services to be furnished under this contract shall be ordered by issuance of delivery orders or task orders by the individuals or activities designated in the Schedule. Such orders may be issued from 9/1/2019 through 8/31/2024.

(b) All delivery orders or task orders are subject to the terms and conditions of this contract. In the event of conflict between a delivery order or task order and this contract, the contract shall control.

(c) If mailed, a delivery order or task order is considered "issued" when the Government deposits the order in the mail. Orders may be issued orally, by facsimile, or by electronic commerce methods only if authorized in the Schedule.

(End of Clause)

C.5 52.216-19 ORDER LIMITATIONS (OCT 1995)

(a) Minimum order. When the Government requires supplies or services covered by this contract in an amount of less than $2,500.00, the Government is not obligated to purchase, nor is the Contractor obligated to furnish, those supplies or services under the contract.

(b) Maximum order. The Contractor is not obligated to honor—

(1) Any order for a single item in excess of $50,000.00;

(2) Any order for a combination of items in excess of $100,000.00; or

(3) A series of orders from the same ordering office within five (5) calendar days that together call for quantities exceeding the limitation in paragraph (b)(1) or (2) of this section.

(c) If this is a requirements contract (i.e., includes the Requirements clause at subsection

52.216-21 of the Federal Acquisition Regulation (FAR)), the Government is not required to order a part of any one requirement from the Contractor if that requirement exceeds the maximum-order limitations in paragraph (b) of this section.

https://vaww.aams.ecms.va.gov/AAMS_Production/DAV/dcgvyybjybnxvc0y/www.sam.gov http://www.sam.gov/

(d) Notwithstanding paragraphs (b) and (c) of this section, the Contractor shall honor any order exceeding the maximum order limitations in paragraph (b), unless that order (or orders) is returned to the ordering office within two (2) calendar days after issuance, with written notice stating the Contractor's intent not to ship the item (or items) called for and the reasons. Upon receiving this notice, the Government may acquire the supplies or services from another source.

(End of Clause)

C.6 52.216-22…