36C26325Q0245.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. UEI: EFT:

PHONE: FAX:

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

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

SEE ADDENDUM

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

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

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

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

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

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

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

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

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

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

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

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

AUTHORIZED FOR LOCAL REPRODUCTION (REV. NOV 2021)

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

7. FOR SOLICITATION

INFORMATION CALL:

STANDARD FORM 1449

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES

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

None

36C26325Q0245 12-16-2024

Jennifer Watkins-Schoenig 319-338-0581 12-30-2024

4:00 PM CST

Department of Veterans Affairs

NETWORK 23 CONTRACTING OFFICE

1303 5th St

Suite 300

Coralville IA 52241

X 100

X

561730

$9.5 Million

N/A

Sioux Falls VAHCS

2501 W 22nd Street

Sioux Falls, SD 57105

NETWORK 23 CONTRACTING OFFICE

1303 5th St, Suite 300

Coralville IA 52241

FMS-VA-2(101)

Financial Services Center

PO Box 149971

Austin TX 78714-9971

See CONTINUATION Page

NCO 23 plans to award a 5 year, Single Award, IDIQ for

Ash Borer Treatment and Tree Services for the Sioux Falls

SD VAHCS.

See the Statement of Work in Section B.2

See the Schedule of services in Section B.3

Total Small Business set aside

FAR 13.5 Simplified Acquisition procedures

Comparative Evaluation, see provision 52.212-2 for items required to be submitted with proposals

FOR CONSIDERATION, ALL QUESTIONS MUST BE RECEIVED 72 HOURS

BEFORE DATE STIPULATED IN BLOCK 8 OF THE SF1449 FORM.

EMAIL ALL QUESTIONS AND RESPONSES TO:

JENNIFER.WATKINS-SCHOENIG@VA.GOV AND JOSHUA.IMDACHA@VA.GOV

SIGN SF1449 AND RETURN ALL PAGES WITH OFFER SUBMISSION

Department of Labor Wage Determination WD 15-5369 applies to services performed, see the attached document: WD15-5369

See CONTINUATION Page

To be funded by task orders

X X

X 1

Joshua Imdacha

Contracting Officer

36C26325Q0245

Table of Contents

SECTION A

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

AND COMMERCIAL SERVICES

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 PRODUCTS

AND COMMERCIAL SERVICES (NOV 2023)

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

C.3 52.216-18 ORDERING (AUG 2020)

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

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

C.6 52.217-8 OPTION TO EXTEND SERVICES (NOV 1999)

C.7 52.232-18 AVAILABILITY OF FUNDS (APR 1984)

C.8 SUPPLEMENTAL INSURANCE REQUIREMENTS

C.9 VAAR 852.201-70 CONTRACTING OFFICER'S REPRESENTATIVE (DEC 2022)

C.10 VAAR 852.203-70 COMMERCIAL ADVERTISING (MAY 2018)

C.11 VAAR 852.215-70 SERVICE-DISABLED VETERAN-OWNED AND VETERAN-

OWNED SMALL BUSINESS EVALUATION FACTORS (JAN 2023) (DEVIATION)

C.12 VAAR 852.215-71 EVALUATION FACTOR COMMITMENTS (OCT 2019)

C.13 VAAR 852.219-75 VA NOTICE OF LIMITATIONS ON SUBCONTRACTING—

CERTIFICATE OF COMPLIANCE FOR SERVICES AND CONSTRUCTION (JAN 2023)

(DEVIATION)

C.14 VAAR 852.232-72 ELECTRONIC SUBMISSION OF PAYMENT REQUESTS

(NOV 2018)

C.15 VAAR 852.242-71 ADMINISTRATIVE CONTRACTING OFFICER (OCT 2020) ..29

C.16 52.212-5 CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT

STATUTES OR EXECUTIVE ORDERS—COMMERCIAL PRODUCTS AND

COMMERCIAL SERVICES (MAY 2024)

SECTION D - CONTRACT DOCUMENTS, EXHIBITS, OR ATTACHMENTS

D.1 Service Contract Act WD 2015-5369

D.2 36C26325Q0245 Line Item Temp

SECTION E - SOLICITATION PROVISIONS

E.1 52.212-1 INSTRUCTIONS TO OFFERORS—COMMERCIAL PRODUCTS AND

COMMERCIAL SERVICES (SEP 2023)

E.2 52.204-24 REPRESENTATION REGARDING CERTAIN TELECOMMUNICATIONS

AND VIDEO SURVEILLANCE SERVICES OR EQUIPMENT (NOV 2021)

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

ORDERS—REPRESENTATION AND DISCLOSURES (DEC 2023)

E.4 52.233-2 SERVICE OF PROTEST (SEP 2006)

E.5 52.252-1 SOLICITATION PROVISIONS INCORPORATED BY REFERENCE (FEB

1998)

E.6 VAAR 852.233-70 PROTEST CONTENT/ALTERNATIVE DISPUTE RESOLUTION

(OCT 2018)

E.7 VAAR 852.233-71 ALTERNATE PROTEST PROCEDURE (OCT 2018)

E.8 VAAR 852.239-75 INFORMATION AND COMMUNICATION TECHNOLOGY

ACCESSIBILITY NOTICE (FEB 2023)

E.9 52.212-2 EVALUATION—COMMERCIAL PRODUCTS AND COMMERCIAL

SERVICES (NOV 2021)

E.10 52.212-3 OFFEROR REPRESENTATIONS AND CERTIFICATIONS—

COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES (MAY 2024)

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 36C263

Department of Veterans Affairs

NETWORK 23 CONTRACTING OFFICE

1303 5th St

Suite 300

Coralville IA 52241

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

[X] 52.232-36, Payment by Third Party

3. INVOICES: Invoices shall be submitted in arrears:

a. Quarterly []

b. Semi-Annually []

c. Other [X] Monthly

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.

http://www.tungsten-network.com/

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. 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 submit proof of license at the time of submission of offer and prior to contract option year renewal.

b. At least one (1) contract employee shall be a State of 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.

iii. Information from State of South Dakota can be referenced here:

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

3. 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 of treatment year, 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 56 Ash trees (approximately 1,251 caliper inches) on the Sioux Falls, SD VA Health Care System. 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. Medium Rate Injections 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 South Dakota state regulations.

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.

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.

4. 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 maintenance staff.

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.

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

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 respond within five (5) days from notification to complete required tree trimming and/or tree removal services.

5. 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.

6. 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

7. 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 Representative 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. Juneteenth National Independence Day (June 19)

vi. Independence Day (July 4)

vii. Labor Day (First Monday in September)

viii. Columbus Day (Second Monday in October)

ix. Veterans Day (November 11)

x. Thanksgiving Day (Fourth Thursday in November)

xi. Christmas Day (December 25)

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

8. 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.

9. 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.

B.3 PRICE/COST SCHEDULE

The Department of Veterans Affairs has set the maximum cost limitation for this IDIQ at

$500,000.00 for the lifetime of this contract. The guaranteed minimum value of this contract is set at $5,000.00. Task orders will be placed at the beginning of each ordering period by the contracting officer in accordance with 52.216-18, 52.216-19, 52.216-22.

ITEM

NUMBER

DESCRIPTION OF

SUPPLIES/SERVICES

ESTIMATED

QUANTITY UNIT UNIT PRICE

ESTIMATED

AMOUNT

0001 NSP __________________ __________________

Application of Insecticide for Emerald Ash Borer Contract Period: Base POP Begin: 01-31-2025 POP End: 01-30-2026 PRINCIPAL NAICS CODE: 561730 - Landscaping Services PRODUCT/SERVICE CODE: S208 - Housekeeping - Landscaping/Groundskeeping

0001AA 1,260.00 IN __________________ __________________

Low Treatment Contract Period: Base POP Begin: 01-31-2025 POP End: 01-30-2026 PRINCIPAL NAICS CODE: 561730 - Landscaping Services PRODUCT/SERVICE CODE: S208 - Housekeeping - Landscaping/Groundskeeping

0001AB 1,260.00 IN __________________ __________________

Medium Treatment Contract Period: Base POP Begin: 01-31-2025 POP End: 01-30-2026 PRINCIPAL NAICS CODE: 561730 - Landscaping Services PRODUCT/SERVICE CODE: S208 - Housekeeping -

Landscaping/Groundskeeping

0001AC 1,260.00 IN __________________ __________________

High Treatment Contract Period: Base POP Begin: 01-31-2025 POP End: 01-30-2026 PRINCIPAL NAICS CODE: 561730 - Landscaping Services PRODUCT/SERVICE CODE: S208 - Housekeeping - Landscaping/Groundskeeping

0002 20.00 EA __________________ __________________

Tree Trimming and Tree Removal- Half Day Rate Contract Period: Base POP Begin: 01-31-2025 POP End: 01-30-2026 PRINCIPAL NAICS CODE: 561730 - Landscaping Services PRODUCT/SERVICE CODE: S208 - Housekeeping - Landscaping/Groundskeeping

10.00 EA __________________ __________________

Tree Trimming and Tree Removal- Full Day Rate Contract Period: Base POP Begin: 01-31-2025 POP End: 01-30-2026 PRINCIPAL NAICS CODE: 561730 - Landscaping Services

NSP

Application of Insecticide for Emerald Ash Borer Contract Period: Option 1 POP Begin: 01-31-2026 POP End: 01-30-2027 PRINCIPAL NAICS CODE: 561730 - Landscaping Services

1001AA

1,260.00 IN __________________ __________________

Low Treatment Contract Period: Option 1 POP Begin: 01-31-2026 POP End: 01-30-2027 PRINCIPAL NAICS CODE: 561730 - Landscaping Services

1001AB

Medium Treatment Contract Period: Option 1 POP Begin: 01-31-2026 POP End: 01-30-2027 PRINCIPAL NAICS CODE: 561730 - Landscaping Services

1001AC

High Treatment Contract Period: Option 1 POP Begin: 01-31-2026 POP End: 01-30-2027 PRINCIPAL NAICS CODE: 561730 - Landscaping Services

20.00 EA __________________ __________________

Tree Trimming and Tree Removal- Half Day Rate Contract Period: Option 1 POP Begin: 01-31-2026 POP End: 01-30-2027 PRINCIPAL NAICS CODE: 561730 - Landscaping Services

Contract Period: Option 1 POP Begin: 01-31-2026 POP End: 01-30-2027 PRINCIPAL NAICS CODE: 561730 - Landscaping Services

Contract Period: Option 2 POP Begin: 01-31-2027 POP End: 01-30-2028 PRINCIPAL NAICS CODE: 561730 - Landscaping Services

2001AA

Contract Period: Option 2 POP Begin: 01-31-2027 POP End: 01-30-2028 PRINCIPAL NAICS CODE: 561730 - Landscaping Services

2001AB

Contract Period: Option 2 POP Begin: 01-31-2027 POP End: 01-30-2028 PRINCIPAL NAICS CODE: 561730 - Landscaping Services

2001AC

Contract Period: Option 2 POP Begin: 01-31-2027 POP End: 01-30-2028 PRINCIPAL NAICS CODE: 561730 - Landscaping Services

Contract Period: Option 2 POP Begin: 01-31-2027 POP End: 01-30-2028 PRINCIPAL NAICS CODE: 561730 - Landscaping Services

Contract Period: Option 2 POP Begin: 01-31-2027 POP End: 01-30-2028 PRINCIPAL NAICS CODE: 561730 - Landscaping Services

Contract Period: Option 3 POP Begin: 01-31-2028 POP End: 01-30-2029 PRINCIPAL NAICS CODE: 561730 - Landscaping Services

3001AA

Contract Period: Option 3 POP Begin: 01-31-2028 POP End: 01-30-2029 PRINCIPAL NAICS CODE: 561730 - Landscaping Services

3001AB

Contract Period: Option 3 POP Begin: 01-31-2028 POP End: 01-30-2029 PRINCIPAL NAICS CODE: 561730 - Landscaping Services

3001AC

Contract Period: Option 3 POP Begin: 01-31-2028 POP End: 01-30-2029 PRINCIPAL NAICS CODE: 561730 - Landscaping Services

Contract Period: Option 3 POP Begin: 01-31-2028 POP End: 01-30-2029 PRINCIPAL NAICS CODE: 561730 - Landscaping Services

Contract Period: Option 3 POP Begin: 01-31-2028 POP End: 01-30-2029 PRINCIPAL NAICS CODE: 561730 - Landscaping Services

Contract Period: Option 4 POP Begin: 01-31-2029 POP End: 01-30-2030 PRINCIPAL NAICS CODE: 561730 - Landscaping Services

4001AA

Contract Period: Option 4 POP Begin: 01-31-2029 POP End: 01-30-2030 PRINCIPAL NAICS CODE: 561730 - Landscaping Services

4001AB

Contract Period: Option 4 POP Begin: 01-31-2029 POP End: 01-30-2030 PRINCIPAL NAICS CODE: 561730 - Landscaping Services

4001AC

Contract Period: Option 4 POP Begin: 01-31-2029 POP End: 01-30-2030 PRINCIPAL NAICS CODE: 561730 - Landscaping Services

Contract Period: Option 4 POP Begin: 01-31-2029 POP End: 01-30-2030 PRINCIPAL NAICS CODE: 561730 - Landscaping Services

Contract Period: Option 4 POP Begin: 01-31-2029 POP End: 01-30-2030 PRINCIPAL NAICS CODE: 561730 - Landscaping Services

GRAND TOTAL __________________

SECTION C - CONTRACT CLAUSES

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

PRODUCTS AND COMMERCIAL SERVICES (NOV 2023)

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

Government must exercise its post-acceptance rights—

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

and

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

(b) Assignment. The Contractor or its assignee may assign its rights to receive payment due as a result of performance of this contract to a bank, trust company, or other financing institution, including any Federal lending agency in accordance with the Assignment of Claims

Act (31 U.S.C. 3727). However, when a third party makes payment (e.g., use of the

Governmentwide commercial purchase card), the Contractor may not assign its rights to receive payment under this contract.

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

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

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

(f) Excusable delays. The Contractor shall be liable for default unless nonperformance is caused by an occurrence beyond the reasonable control of the Contractor and without its fault or negligence such as, acts of God or the public enemy, acts of the Government in either its sovereign or contractual capacity, fires, floods, epidemics, quarantine restrictions, strikes, unusually severe weather, and delays of common carriers. The Contractor shall notify the

Contracting Officer in writing as soon as it is reasonably possible after the commencement of any excusable delay, setting forth the full particulars in connection therewith, shall remedy such occurrence with all reasonable dispatch, and shall promptly give written notice to the

Contracting Officer of the cessation of such occurrence.

(g) Invoice.

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

(i) Name and address of the Contractor;

(ii) Invoice date and number;

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

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

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

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

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

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

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

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

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

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

Electronic Funds Transfer—Other Than System for Award Management), or applicable agency procedures.

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

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

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

(i) Payment.—

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

(2) Prompt payment. The Government will make payment in accordance with the Prompt

Payment Act (31 U.S.C. 3903) and prompt payment regulations at 5 CFR part 1315.

(3) Electronic Funds Transfer (EFT). If the Government makes payment by EFT, see 52.212-

5(b) for the appropriate EFT clause.

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

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

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

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

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

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

(D) Contractor point of contact.

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

Officer.

(6) Interest.

(i) All amounts that become payable by the Contractor to the Government under this contract shall bear simple interest from the date due until paid unless paid within 30 days of becoming due. The interest rate shall be the interest rate established by the Secretary of the

Treasury as provided in 41 U.S.C. 7109, which is applicable to the period in which the amount becomes due, as provided in (i)(6)(v) of this clause, and then at the rate applicable for each six-month period as fixed by the Secretary until the amount is paid.

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

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

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

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

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

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

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

(A) The date fixed under this contract.

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

Federal contracts; 18 U.S.C. 431 relating to officials not to benefit; 40 U.S.C. chapter 37, Contract Work Hours and Safety Standards; 41 U.S.C. chapter 87, Kickbacks; 49 U.S.C. 40118, Fly American; and 41 U.S.C. chapter 21 relating to procurement integrity.

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

(1) The schedule of supplies/services.

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

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

(3) The clause at 52.212-5.

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

(5) Solicitation provisions if this is a solicitation.

(6) Other paragraphs of this clause.

(7) The Standard Form 1449.

(8) Other documents, exhibits, and attachments

(9) The specification.

(t) [Reserved]

(u) Unauthorized Obligations.

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

(TOS), or similar legal instrument or agreement, that includes 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

PRODUCTS AND COMMERCIAL SERVICES

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):

https://www.acquisition.gov/browse/index/far https://www.va.gov/oal/library/vaar/

(End of Clause)

FAR

Number

Title Date

52.204-13 SYSTEM FOR AWARD MANAGEMENT MAINTENANCE OCT 2018

52.204-18 COMMERCIAL AND GOVERNMENT ENTITY CODE

MAINTENANCE

AUG 2020

52.228-5 INSURANCE—WORK ON A GOVERNMENT

INSTALLATION

JAN 1997

C.3 52.216-18 ORDERING (AUG 2020)

(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 the date of award through 5 years and 6 months from date of award.

(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) A delivery order or task order is considered "issued" when—

(1) If sent by mail (includes transmittal by U.S. mail or private delivery service), the

Government deposits the order in the mail;

(2) If sent by fax, the Government transmits the order to the Contractor’s fax number; or

(3) If sent electronically, the Government either—

(i) Posts a copy of the delivery order or task order to a Government document access system, and notice is sent to the Contractor; or

(ii) Distributes the delivery order or task order via email to the Contractor’s email address.

(d) Orders may be issued by methods other than those enumerated in this clause only if authorized in the contract.

(End of Clause)

C.4 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 $5,000.00, 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 $500,000.00;

(2) Any order for a combination of items in excess of $500,000.00; or

(3) A series of orders from the same ordering office within 30 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.

(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 30 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.5 52.216-22 INDEFINITE QUANTITY (OCT 1995)

(a) This is an indefinite-quantity contract for the supplies or services specified, and effective for the period stated, in the Schedule. The quantities of supplies and services specified in the

Schedule are estimates only and are not purchased by this contract.

(b) Delivery or performance shall be made only as authorized by orders issued in accordance with the Ordering clause. The Contractor shall furnish to the Government, when and if ordered, the supplies or services specified in the Schedule up to and including the quantity designated in the Schedule as the "maximum." The Government shall order at least the quantity of supplies or services designated in the Schedule as the "minimum."

(c) Except for any limitations on quantities in the Order Limitations clause or in the Schedule, there is no limit on the number of orders that may be issued. The Government may issue orders requiring delivery to multiple destinations or performance at multiple locations.

(d) Any order issued during the effective period of this contract and not completed within that period shall be completed by the Contractor within the time specified in the order. The contract shall govern the Contractor's and Government's rights and obligations with respect to that order to the same extent as if the order were completed during the contract's effective period;

provided, that the Contractor shall not be required to make any deliveries under this contract after five years and six months from date of award.

(End of Clause)

C.6 52.217-8 OPTION TO EXTEND SERVICES (NOV 1999)

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

C.7 52.232-18 AVAILABILITY OF FUNDS (APR 1984)

Funds are not presently available for this contract. The Government's obligation under this contract is contingent upon the availability of appropriated funds from which payment for contract purposes can be made. No legal liability on the part of the Government for any payment may arise until funds are made available to the Contracting Officer for this contract and until the Contractor receives notice of such availability, to be confirmed in writing by the

Contracting Officer.

(End of Clause)

C.8 SUPPLEMENTAL INSURANCE REQUIREMENTS

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

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

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

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

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

(End of Clause)

C.9 VAAR 852.201-70 CONTRACTING OFFICER'S REPRESENTATIVE (DEC

2022)

The Contracting Officer reserves the right to designate representatives to act for him/her in furnishing technical guidance and advice or generally monitor the work to be performed under this contract. Such designation will be in writing and will define the scope and limitation of the designee’s authority. A copy of the designation letter shall be furnished to the Contractor.

(End of Clause)

C.10 VAAR 852.203-70 COMMERCIAL ADVERTISING (MAY 2018)

The Contractor shall not make reference in its commercial advertising to Department of

Veterans Affairs contracts in a manner that states or implies the Department of Veterans Affairs approves or endorses the Contractor’s products or services or considers the Contractor’s products or services superior to other products or services.

(End of Clause)

C.11 VAAR 852.215-70 SERVICE-DISABLED VETERAN-OWNED AND

VETERAN-OWNED SMALL BUSINESS EVALUATION FACTORS (JAN 2023)

(DEVIATION)

(a) In an effort to achieve socioeconomic small business goals, VA shall evaluate offerors based on their service-disabled veteran-owned or veteran-owned small business certification status and their proposed use of eligible certified service-disabled veteran-owned small businesses (SDVOSBs) and certified veteran-owned small businesses (VOSBs) as subcontractors.

(b) Eligible and certified service-disabled veteran-owned small businesses offerors will receive full credit, and offerors qualifying as veteran-owned small businesses will receive partial credit for the certified Service-Disabled Veteran-Owned and Veteran-Owned Small Business Status evaluation factor. To receive credit, an offeror must be listed at the time of submission of offers and at time of award, as a certified SDVOSB/VOSB in the SBA certification database on the

SBA Veteran Small Business Certification Program portal at https://veterans.certify.sba.gov/

(see 13 CFR 128) and be otherwise eligible in accordance with SBA size standards for the acquisition and limitations on subcontracting requirements set forth in SBA regulations (see 13

CFR 121, 125 and 128.).

(c) Non-Veteran offerors proposing to use certified SDVOSBs or VOSBs as subcontractors will receive some consideration under this evaluation factor. Offerors must state in their proposals the names of the certified SDVOSBs and VOSBs with whom they intend to subcontract and provide a brief description of the proposed subcontracts and the approximate dollar values of the proposed subcontracts. In addition, the proposed subcontractors must be listed at the time of submission of offers and at time of award, as a certified SDVOSB/VOSB in the SBA certification database.

(d) Pursuant to 38 U.S.C. 8127(g), any business concern that is determined by VA to have willfully and intentionally misrepresented a company’s SDVOSB/VOSB status is subject to debarment for a period of not less than five years. This includes the debarment of all principals in the business.

(End of Clause)

C.12 VAAR 852.215-71 EVALUATION FACTOR COMMITMENTS (OCT 2019)

(a) The offeror agrees, if awarded a contract, to use the service-disabled veteran-owned small businesses (SDVOSBs) or veteran-owned small businesses (VOSBs) proposed as subcontractors in accordance with 852.215–70, Service-Disabled Veteran-Owned and Veteran-

Owned Small Business Evaluation Factors, or to substitute one or more SDVOSBs or VOSBs for subcontract work of the same or similar value.

(b) Pursuant to 38 U.S.C. 8127(g), any business concern that is determined by VA to have willfully and intentionally misrepresented a company’s SDVOSB/VOSB status is subject to https://veterans.certify.sba.gov/ debarment for a period of not less than five years. This includes the debarment of all principals in the business.

(End of Clause)

C.13 VAAR 852.219-75 VA NOTICE OF LIMITATIONS ON

SUBCONTRACTING—CERTIFICATE OF COMPLIANCE FOR SERVICES AND

CONSTRUCTION (JAN 2023) (DEVIATION)

(a) Pursuant to 38 U.S.C. 8127(l)(2), the offeror certifies that—

(1) If awarded a contract (see FAR 2.101 definition), it will comply with the limitations on subcontracting requirement as provided in the solicitation and the resultant contract, as follows:

(i) [X] Services. In the case of a contract for services (except construction), the contractor will not pay more than 50% of the amount paid by the government to it to firms that are not certified SDVOSBs listed in the SBA certification…