36C78618Q9618-001.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 62

8309-000005

36C78618Q9618 08-28-2018

Max Andrade 540-658-7221 09-07-2018

43C1

Department of Veterans Affairs

NCA Contracting Service

75 Barrett Heights Rd. Suite 309

Stafford VA 22556

X 100

X

812220

$20.5 Million

N/A

Bay Pines National Cemetery

10000 Bay Pines Boulevard

St. Petersburg FL 33708

43C1

NCA Contracting Service

43C1 http://www.tungsten-network.com/customer

-campaigns/veterans-affairs/

SEE VAAR 852.232-72 ELECTRONIC

SUBMISSION OF PAYMENT REQUESTS

1-877-752-0900

See CONTINUATION Page

This procurement is being made under FAR Part 13

Simplified Acquisition Procedures for Commercial Items and is a Service Disabled Veteran Owned Business Set-Aside, Authority, 38 USC 8127(d).

The contractor shall provide all supervision, labor, equipment, tools, and supplies necessary for Grave

Excavation Services for the Bay Pines National Cemetery as specified in the solicitation and attachments.

Faxed and emailed offers will not be accepted

All quotes must be submitted through the Department of

Veterans Affairs Electronic Management System (eCMS) Vendor

Portal website https://www.vendorportal.ecms.va.gov to be considered.

CONTRACTOR DUNS NO. ________________________________________

CONTRACTOR EMAIL ADDRESS:___________________________________

CONTRACTOR PHONE NUMBER:____________________________________

See CONTINUATION Page

X X

X 1

36C78618Q9618

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 PERFORMANCE WORK STATEMENT

B.2.1 BACKGROUND DESCRIPTION

B.2.2 CONTRACT TYPE SPECIFICS

B.2.3 PERFORMANCE WORK STATEMENT

B.2.4 PERFORMANCE PLAN

B.2.5 CONTRACT MANAGEMENT and PLACEMENT OF ORDERS

B.2.6 PERFORMANCE EVALUTION MEETING

B.2.7 DISCREPANCY ACTIONS

B.2.8 PERFORMANCE OF WORK REQUIREMENTS SUMMARY

B.2.9 QUALITY ASSURANCE SURVEILLANCE PLAN

B.2.10 CONTRACTOR’S QUALITY CONTROL PLAN (QCP)

B.3 SUPPLIES OR SERVICES & PRICES / COSTS

SECTION C - CONTRACT CLAUSES

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

2017)

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

C.3 52.212-5 CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT

STATUTES OR EXECUTIVE ORDERS—COMMERCIAL ITEMS (JAN 2018)

C.4 52.203-99 PROHIBITION ON CONTRACTING WITH ENTITIES THAT REQUIRE

CERTAIN INTERNAL CONFIDENTIALITY AGREEMENTS (DEVIATION) (FEB 2015) ... 30

C.5 52.216-18 ORDERING (OCT 1995)

C.6 52.216-19 ORDER LIMITATIONS (OCT 1995)

C.7 52.216-21 REQUIREMENTS (OCT 1995)

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

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

C.10 52.219-14 LIMITATIONS ON SUBCONTRACTING (JAN 2017)

C.11 52.223-3 HAZARDOUS MATERIAL IDENTIFICATION AND MATERIAL SAFETY

DATA (JAN 1997)

C.12 52.228-5 INSURANCE—WORK ON A GOVERNMENT INSTALLATION (JAN 1997)34

C.13 52.232-18 AVAILABILITY OF FUNDS (APR 1984)

C.14 52.232-19 AVAILABILITY OF FUNDS FOR THE NEXT FISCAL YEAR (APR 1984)

C.15 SUPPLEMENTAL INSURANCE REQUIREMENTS

C.16 VAAR 852.219-10 VA NOTICE OF TOTAL SERVICE-DISABLED VETERAN-

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

C.17 VAAR 852.232-72 ELECTRONIC SUBMISSION OF PAYMENT REQUESTS (NOV

2012)

SECTION D - CONTRACT DOCUMENTS, EXHIBITS, OR ATTACHMENTS

SECTION E - SOLICITATION PROVISIONS

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

1998)

E.2 52.203-98 PROHIBITION ON CONTRACTING WITH ENTITIES THAT REQUIRE

CERTAIN INTERNAL CONFIDENTIALITY AGREEMENTS—REPRESENTATION

(DEVIATION) (FEB 2015)

E.3 52.212-1 INSTRUCTIONS TO OFFERORS—COMMERCIAL ITEMS (JAN 2017)

ADDENDUM TO 52.212-1 INSTRUCTIONS TO OFFERORS--COMMERCIAL ITEMS

E.4 52.212-2 EVALUATION—COMMERCIAL ITEMS (OCT 2014)

ADDENDUM TO FAR 52.212-2

E.5 52.212-3 OFFEROR REPRESENTATIONS AND CERTIFICATIONS—COMMERCIAL

ITEMS (NOV 2017)

E.6 52.209-5 CERTIFICATION REGARDING RESPONSIBILITY MATTERS (OCT 2015) 57

E.7 52.209-5 REPRESENTATION BY CORPORATIONS REGARDING AN UNPAID TAX

LIABILITY OR A FELONY CONVICTION UNDER ANY FEDERAL LAW

(DEVIATION)(MAR 2012)

E.8 52.209-7 INFORMATION REGARDING RESPONSIBILITY MATTERS (JUL 2013)

E.9 52.216-1 TYPE OF CONTRACT (APR 1984)

E.10 52.233-2 SERVICE OF PROTEST (SEP 2006)

E.11 52.237-1 SITE VISIT (APR 1984)

E.12 VAAR 852.233-70 PROTEST CONTENT/ALTERNATIVE DISPUTE RESOLUTION

(JAN 2008)

E.13 VAAR 852.233-71 ALTERNATE PROTEST PROCEDURE (JAN 1998)

E.14 VAAR 852.270-1 REPRESENTATIVES OF CONTRACTING OFFICERS (JAN 2008) 62

SECTION B - CONTINUATION OF SF 1449 BLOCKS

B.1 CONTRACT ADMINISTRATION DATA

(continuation from Standard Form 1449, block 18A.)

1. CONTRACT ADMINISTRATION: All contract administration matters will be handled by the following individuals:

a. CONTRACTOR:

b. GOVERNMENT: Contracting Officer – Mr. Max Andrade

NCA Contracting Service

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

[X] 52.232-34, Payment by Electronic Funds Transfer—Other Than 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] monthly/periodic, after government acceptance

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

ACKNOWLEDGMENT OF AMENDMENTS: The offeror acknowledges receipt of amendments to the

Solicitation numbered and dated as follows:

AMENDMENT NO DATE

5. MISSING PAGES, LOST OR MISSING QUOTES

This is a Request for Quote (RFQ) for furnishing the commercial services in the Schedule. Quotes shall be received at the address specified in Block 20, i.e. https://www.vendorportal.ecms.va.gov by the date and time specified in Block 8 of SF 1449.

Offerors shall examine this solicitation to verify that all pages have been received. In addition, in compiling this package, some pages may have been duplicated. If the offeror feels that pages are missing or duplicated, the offeror is encouraged to contact the Contracting Officer at the email address shown in

Block 7a, Standard Form 1449. The offeror is responsible for the results of any failure to check for completeness or page duplication.

To address potential lost, delayed, or mis-delivered quotes, please email the Contracting Officer by the due date to ensure your offer was received. Offerors have the burden to make sure quotes are received at

VA by the date and time specified above. The Offerors bear the risk of having quotes rejected and not considered if filing is not completed by the date/time required.

CAUTION - LATE Submissions, Modifications, and Withdrawals: See provision 52.212-1. All offers are subject to all terms and conditions of this solicitation.

6. GOVERNMENT HOLIDAYS

Holidays observed by the Federal Government:

New Year's Day 1 January

Martin Luther King's Birthday Third Monday in January

President's Day Third Monday in February

Memorial Day Last Monday in May

Independence Day 4 July

Labor Day First Monday in September

Columbus Day Second Monday in October

Veterans Day 11 November

Thanksgiving Day 4th Thursday in November

Christmas Day 25 December

If a holiday falls on Sunday, the following Monday will be observed as the legal holiday. When a holiday falls on a Saturday, the preceding Friday is observed as a legal holiday by U.S. Government agencies.

Also included would be any day specifically declared by the President of the United States of America as a national holiday.

7. NOTICE TO PROSPECTIVE OFFERORS

Prospective offerors must be registered with the System for Award Management (SAM) website and complete representations and certifications at https://www.sam.gov.

https://www.vendorportal.ecms.va.gov/ https://www.sam.gov/

Offers received from concerns that are not Service-disabled Veteran-owned Small Business

(SDVOSB) concerns shall not be considered. SDVOSBs must be verified for ownership and control and listed in the Vendor Information Pages at https://www.vip.vetbiz.gov prior to the due date for quotes.

(See Provision 852.219-10 VA Notice of Total Service-Disabled Veteran-Owned Small Business Set-

Aside.)

Questions pertaining to this solicitation must be sent by e-mail to: max.andrade@va.gov no later than 09:00 AM ET, September 5, 2018. Telephone inquiries will not be accepted. Questions received after this date and time will not be considered.

Offerors shall inspect all sites where services are to be performed and to understand all general and local conditions that may affect the cost of contract performance (See Provision 52.237-1 Site Visit).

In no event shall failure to inspect constitute grounds for a claim or request for equitable adjustment after contract award.

https://www.vip.vetbiz.gov/ mailto:max.andrade@va.gov

B.2 PERFORMANCE WORK STATEMENT

B.2.1 BACKGROUND DESCRIPTION

The contractor shall provide all personnel, equipment, tools, supervision, and other items and services necessary to ensure that complete grave excavations is performed at Bay Pines National Cemetery located at 10000 Bay Pines Boulevard, St. Petersburg, FL, 33708. The overall responsibility of the Contractor is to plan, coordinate, organize, manage, and perform the activities described herein, which are required to provide grave excavations for the cemetery grounds.

National Cemeteries are a resting place for our nation’s heroes and as such, the standards for management, maintenance and appearance of these cemeteries have been established by the National

Cemetery Administration to reflect this nation’s concern and respect for those interred there. The

National Cemetery Administration (NCA) mission: The NCA honors veterans with a final resting place and lasting memorials that commemorate their service to our nation. National Cemeteries are National

Shrines. The standards of maintenance and appearance at these cemeteries must reflect this nation’s concern for those interred there. For this reason, strict adherence to the specifications is required as well as National Cemetery Administration standards.

B.2.2 CONTRACT TYPE SPECIFICS

This procurement is being made under FAR Part 13 Simplified Acquisition Procedures for commercial items.

Contract period is for a base period with four (1) one-year options if exercised. Units and services to be in accordance with the Scope of Work, terms and conditions, contained in this solicitation. The offers shall include a price for each Contract Line Item Number (CLIN), a total price for the estimated quantities, and a sub total price for all estimated services in the contract base period and each option year.

Unit prices shall be all inclusive containing (unit prices for materials, unit prices for labor, any labor burden or fringes, any associated travel costs, profit, overhead, and of the like).

This is a firm-fixed priced, requirements contract. This requirement provides estimated quantities that are a realistic estimated total quantity for the resulting contract in accordance with FAR 16.503. The

Government is not obligated to any specified quantity as the initial contract award will be awarded at a

$0.00 amount and 0 quantities but succeeding executed task orders will obligate funding and exact quantities to the master contract, serving as a funding/quantity allowance for the contract. The contractor shall not exceed quantities listed on the individual task orders as they will not receive payment for additional services rendered outside the executed task order quantity limits. The contractor shall notify the

COR when quantities on the CLINs/Task Order are about to be exhausted, and the contractor considers more quantities are needed in order to perform future services on the contract. The COR will make the determination on ordering future services and will coordinate with the Contract Officer for executing new task orders. Once a new task order is executed, the Contracting Officer & COR will provide the order to the contractor for continuing/new services under this contract. The Government is only obligated to provide payments for all services requested from fully executed task orders following this solicitation.

B.2.3 PERFORMANCE WORK STATEMENT

GENERAL INFORMATION:

(a) This is a performance-based contract for cemetery grave excavation services at Bay Pines National

Cemetery, 10000 Bay Pines Boulevard, St. Petersburg, FL, 33708.

THE NATIONAL CEMETERY ADMINISTRATION (NCA) MISSION: THE NCA HONORS

VETERANS WITH A FINAL RESTING PLACE AND LASTING MEMORIALS THAT

COMMEMORATE THEIR SERVICE TO OUR NATION.

(b) THE NCA MISSION: The National Cemetery Administration honors veterans with a final resting place and lasting memorials that commemorate their service to our Nation as our nation's heroes and as such, the standards for management, maintenance and appearance of these cemeteries have been established by the National Cemetery Administration to reflect this nation's concern and respect for those interred there. National cemeteries are national shrines. The standards of maintenance, appearance and operational procedures performed by the contractor at these cemeteries shall reflect this nation's concern for those interred there. For this reason, the contractor's strict adherence to the specifications shall be required and shall be essential. The overall responsibility of the Contractor is to plan, coordinate, organize, manage, and perform the activities described herein, which are required to maintain an acceptable appearance of the cemetery grounds to the public.

INTRODUCTION:

This Statement of Objectives describes the basic objectives of the Bay Pines National Cemetery. The

Performance Based Service Contract provides potential offerors the flexibility to develop cost effective solutions and the opportunity to propose innovative alternatives to meet the stated objectives. It also presents the Government with an opportunity to assess the offeror's understanding of all aspects of the effort to be performed by eliminating the "how to" instructions to accomplish the required effort normally contained on the SOW the Government provides to prospective offerors.

SCOPE OF WORK

1. The Contractor shall provide all labor, equipment, material and transportation necessary to excavate 4 feet by 8 feet gravesite to a depth of 5 feet or 7 feet per the direction from the Contracting Officer

Representative (COR) or their alternate (The depth is determined by the size of the liner, with the depth of 18” of cover between the highest point of the grave liner lid and the ground). Prior to excavation, existing sod shall be removed and placed aside. Care shall be taken not to damage any turf or existing gravesite markers when entering and leaving turf areas. Contractor shall take care to not drive on, over, or place equipment on top of grave markers. Grave Contractors will need to use plywood or similar material to avoid any damage to the surrounding turf and grave markers.

2. Contractor shall install grave liner provided by the COR at the time of gravesite opening. The lid of the liner will be placed adjacent to the gravesite. Gravesite will be opened one hour prior to scheduled interment.

3. Upon arrival of the casket, contractor will lower the casket into a liner using a lowering device. After lowering of liner and casket, contracting shall immediately place the lid onto the liner using a vault carrier. Contractors will then backfill the gravesite with existing soil. Contractor will compact the grave in two (2) lifts using a pneumatic tamper. Upon completion of backfilling grave, contractor will tamp site one final time and replace original sod.

4. The installation of the grave liners requires a two person or more crew, an operator of the boom an lowering device, a spotter to guide the liner into the grave so as not to cause a cave -in. If a cave -in results, the contractor will be responsible to make the necessary repairs to correct the deficiencies.

Contractor will be able to place grave liners when conditions are severely muddy due to inclement weather and care taken not to damage turf. Grave liners will be visually spotted and placed as level as practical in accordance with gravesite alignment, the lids of the units will be positioned on a flat surface and be secured until they are placed on the liner box or placed in the grave on side of liners as specified by the COR.

5. The COR will inspect site using the checklist derived from criteria based upon the National Cemetery

Administration National Shrine Commitment Operational Standards and Measures V5.1 and FNC

Policy No.911.03.38 Grave Site Repairs and Dressing. Removal, replacement or corrective work resulting in neglect by the contractor will be corrected at no additional cost to the government and shall not interfere with the normal performance of the contract. Corrective work will not result in delays for the scheduled interment or result in cemetery personnel being required to work beyond the normal working hours of 0800-1630.

6. Damage caused due to contractor’s negligence – In the event damages result in the units and or gravesites (cave-ins) or surrounding areas due to negligence on part of the contractor, the contractor will reimburse the government for actual damages incurred by the government. Changes in schedule, work assignments or delays of the daily operations, must not occur under any circumstances.

Contractors shall adhere to all cemetery safety requirements.

7. Grave liners will be brought into the burial section using a portable vault carrier. Boom trucks will not be allowed access to existing burial sections. The lids of the unit will be placed adjacent to the grave site and placed immediately after lowering.

8. Contractor will be available to provide services as described in the contract on the occasion when burials are required on weekends, holidays and active duty burials.

RESPONSIBILITIES:

The COR is located at Bay Pines National Cemetery, which is a satellite of Florida National Cemetery.

STANDARDS OF EMPLOYEE/CONTRACTOR CONDUCT:

(a) Contractor and contractor's personnel, to include all contractors' temporary workers, shall be required to adhere to the following standards of dress and conduct while performing work in the National

Cemetery. These standards and regulations are enforceable under Title 38, USC, Part 1, Chapter 9, Section 901.

1. Be fully clothed always, to include upper garment to cover body from the waist to the neck and long pants. Garments that have a message, slogan or printing of any kind other than the

Contractor's business attire are prohibited. Short- or long-sleeved Uniform shirts or T-shirts with contractor's logo are acceptable. Contractor's employees will be required to wear uniforms displaying the name of the company and the employee's name. Tank tops and sleeveless shirts will not be allowed. Uniforms must be in unison among all employees. Any soiled clothing should be cemetery work related that day. Steel-toed shoes shall be required always in accordance with OSHA requirements. The contractor's employees shall maintain personal hygiene.

2. The Contractor/personnel shall not engage in loud or boisterous behavior, angry outbursts or use profane or abusive language at any time on Government premises. Playing radios and/or electronic games/devices smoke or chew tobacco products shall only be done at lunchtime and in a designated work area. Due to the sensitive mission of the cemetery, Contractor employees will come into daily contact with grieving individuals; therefore, Contractor employees will exercise and exhibit absolute decorum, courtesy, and respect while within the cemetery or at its perimeter or entrances. Inquiries from cemetery visitors shall be politely referred to Government cemetery staff at Bay Pines National Cemetery. Gratuities of any kind are strictly prohibited.

3. Shall not eat or drink beverages except water or non-alcoholic drinks while in work area nor in site of committal shelter during a service. Consume food and beverage only within areas designated by the COR and/or Project Manager. Use of intoxicating beverages and/or drugs is strictly prohibited. Intoxication, and violence or criminal acts of any kind will not be tolerated and is cause for immediate removal from Government property.

4. The contractor personnel shall not lean, sit or stand on or against headstones or monuments. No tools, equipment or other items will be placed or leaned on headstones or monuments.

5. Smoking areas will be designated by the COR. All other areas are designated as NO SMOKING.

(b) Contractor personnel shall:

1. Be required to adhere to the following standards of dress, conduct, supervision and training while performing work on Government property. It shall be subject to immediate enforcement action by the Contracting Officer or COR if these standards are not adhered to during the period of performance of this contract. Contractor shall be responsible for training and safety precautions prescribed by OSHA regarding safety equipment and devices.

2. Maintain a neat and professional appearance throughout its workforce, vehicles, equipment, and maintenance areas.

3. Contractor employees shall only take breaks/rest periods and lunch breaks at areas designated by the COR and/or Project Manager, not in the field. Misconduct shall form the basis for immediate contract enforcement action, to include immediate removal from the cemetery.

4. The Contractor will insure his/her employees park their personal vehicles in the cemetery's designated parking areas.

5. The Contractor shall be responsible to ensure that his/her employees are aware of all the terms and conditions set forth above in this solicitation package regarding their performance and conduct during the performance period of this contract.

PARKING, AND VA REGULATIONS:

The contractor's employees shall park in the appropriate designated parking areas. The Cemetery will not invalidate or make reimbursement for parking violations of the contractor's employees under any conditions. Smoking shall be prohibited inside any buildings at the Cemetery. Possession of weapons shall be prohibited. Enclosed containers, including tool kits, shall be subject to search.

Violations of VA regulations may result in citation answerable in the United States (Federal) District

Court, not a local district, state, or municipal court.

CONTRACTOR DUTIES AND RESPONSIBILITIES:

a. Work Hours: All work shall be performed during the normal working hours (8:00 a.m. to 4:30 p.m.), Monday through Friday, except with the written permission of the COR and/or Project Manager.

When the Contractor causes emergency situations, then he/she shall plan with the COR and/or Project

Manager to work on weekends to correct/eliminate the emergency to meet the period of performance.

The Government shall not compensate the Contractor for emergency situations caused by the

Contractor.

b. After Normal Hours/Emergency Situations: The Contractor shall establish and maintain a point-of-contact to receive emergency calls from the COR and/or Project Manager. The point-of-contact shall be available on a 24-hour basis during weekends, Federal Holidays and after normal hours of operation. The Contractor is to provide phone, pager and cell phone numbers for emergency and/or after hour's situations.

c. The Contractor shall respond to all emergency requests within one (1) hour of the initial emergency call. Repairs shall be made as expeditiously as circumstances allow and/or within (24) hours upon initial emergency call. Emergency requests warrant more rapid than routine response to safeguard the situation and secure the parameters to a safe condition. The Contractor shall keep the COR and/or

Project Manager fully informed of the situation and what action will be taken to secure and correct the situation.

d. The Contractor shall coordinate with the COR and/or Project Manager daily for establishing a work schedule and to ensure that no work is being performed at the immediate site of a scheduled interment or ceremony. These meetings are also an opportunity for the Contractor to ask questions and ensure he/she understands the off-limit areas, which may vary, depending on the event.

e. The Contractor's performance will be measured based on how timely and adequately he/she accomplishes and completes the work schedules.

CONTRACTOR-FURNISHED ITEMS:

a. The contractor is responsible for supplying all equipment, personnel, tools, supplies and materials to perform these services unless otherwise specified in this contract.

b. Contractor-furnished items necessary to perform work as required under this contract shall be furnished, maintained and operated by the contractor and shall be consistent and fully compliant with all applicable Federal, State, County, City laws, ordinances and regulations.

c. Materials and supplies procured for the performance of the contract by the contractor shall be consistent and fully compliant with all applicable Federal, State, County, and City laws, ordinances and regulations.

d. The contractor is responsible for the supply, maintenance and repair of all contractor-owned equipment. This includes, minor maintenance/repair and minor operating parts for equipment such as lubrication, oil changes, spark plugs, gaskets, cotter pins/keys, electric extension cords, etc., to keep all equipment in good operational condition throughout the period of performance of this contract.

e. The Contractor is responsible for ensuring that all of his/her motor vehicles and equipment meet State of Florida inspection, safety, licensing, registration, and insurance requirements.

LABOR FORCE AND EQUIPMENT:

The Contractor shall be aware of the intensive labor and equipment requirements needed to meet contract specifications. Inclement weather is not an excuse for not meeting specifications. The Government expects the Contractor to work throughout all weather conditions and to apply additional labor and equipment as necessary to meet deadlines.

REQUIRED DOCUMENTATION:

a. The Contractor shall be responsible for obtaining all necessary and current licenses, permits, vehicular insurance and registration, Workman's Compensatory Liability Insurance, property liability insurance, etc., prior to the start date of this service. The contractor shall provide the Contracting

Officer copies of these required documents with his/her proposal.

b. The Contractor is required to provide two (2) government/commercial references of customers where

"same" type of work has been performed or is being performed. Contractor must provide name and phone numbers of points-of-contact, name of organization, contract/reference number.

GENERAL PARAMETERS:

a. The Contractor is responsible to ensure that all work shall be done in a manner that safeguards all VA visitors, employees, and public. The Contractor shall be solely responsible for all actions initiated and/or completed by his/her employees. Furthermore, the contractor and his/her employees shall have a clear understanding of, and be sensitive to, such environmental issues as ground water contamination, wetlands, etc., and be consistent and fully compliant with all applicable Federal, State, County and City laws, ordinances, Right-to-Know laws, EPA guidelines, and regulations.

b. Damage to Government property: Contractors shall be responsible for replacement of any cemetery structure, to include: turf, curb, road pavement, headstone or marker, valve boxes, drains, control upright headstones, sprinkler heads, which is chipped, marred, damaged and/or ruined at the fault of the Contractor. The Contractor shall bear all costs associated with replacement and reinstallation.

Any such damage shall be brought to the immediate attention of the appointed Contracting Officer

Technical Representative (COR) and/or Project Manager prior to repair/replacement/installation.

c. At the Government's discretion, the Contractor shall either repair or replace the property, or reimburse the Government the full amount for all property damage(s). The Contractor shall be aware that

Government property - beyond standard structures and equipment - also includes upright headstones, monuments, trees, beds, and turf, i.e. - wounded trees or scalped turf, roads, curbs, irrigation components as well as upright headstones shall be repaired or replaced.

d. The Government may undertake or award other contracts for additional work at or near the site of work for this contract. The Contractor shall fully cooperate with any other contractors and with

Government employees and shall carefully adapt scheduling and performance of work. Any work needing any direction shall be provided by the COR and/or Project Manager. The Contractor is responsible for reporting to the COR and/or Project Manager any problems or questions that may arise with any other personnel on site during the period of performance of this contract.

e. The Contractor shall not take it upon him or herself to resolve any problems or issues with other on-site contractors or employees, but rather will leave it to the COR and/or Project Manager to resolve the issue.

f. The Contractor shall not operate trucks, tractors, and other heavy equipment more than five tons on any turf area except when authorized in writing by the COR and/or Project Manager.

WORK ENVIRONMENT:

a. All work under this service contract will be performed primarily out-of-doors and personnel performing these services will be exposed to wind, sun, cold, dampness, frost, fog and rain. These conditions may, at times, be extreme. The contractor shall take all necessary precautions to protect his/her employees from the elements to the maximum practicable extent. Inclement weather will not be considered an excusable delay in meeting specifications. The Contractor shall work throughout all weather conditions and to apply additional labor and equipment as necessary to meet deadlines, at no additional cost to the Government.

b. Due to the sensitive mission of the cemetery, the work often requires contact with, and exposure to, grieving individuals. Contractor personnel must exercise and exhibit absolute decorum, composure and stability always.

REPRESENTATIVES OF THE CONTRACTING OFFICER

The Contracting Officer's Representative (COR) will be under the supervision of the Director, Bay Pines

National Cemetery. Inspection and acceptance of contract services are the responsibility of the COR.

The Government's personnel inspecting contract services are not authorized to issue orders or direct the work of the contractor's employees, but shall provide operational information through the contractor or the chief supervisor of the contractor's personnel. Only the CO can make changes in the scope of work.

The contractor shall contact the CO on all matters pertaining to administration. Only the CO is authorized to make commitments or issue changes, which will affect the price, quantity or delivery terms of this contract.

B.2.4 PERFORMANCE PLAN

The Contractor shall establish a detailed performance plan focusing on criteria set forth in this contract requirement to provide excavation services throughout the overall cemetery location. The performance plan will be submitted with initial quotation submission package.

B.2.5 CONTRACT MANAGEMENT and PLACEMENT OF ORDERS

A. Representatives of the Contracting Officer: The VA Contracting Officer will designate one (or more) representatives to serve as the Contracting Officer’s Representative (COR) to act for him/her in furnishing technical guidance and advice or generally directing the work to be performed under the contract. Such designation will be in writing and will define the scope and limitations of the COR’s authority. A copy of the designation(s) shall be furnished to the Contractor at time of award.

(i) The COR may direct and arrange the Contractor’s work schedule in specific areas of the cemetery to coordinate with daily cemetery activities and operations.

(ii) The Contractor shall provide the COR with monthly schedules the last week of the month for the following month.

(iii) The Contractor shall provide the COR with detailed weekly schedules on the Friday before the following week.

(iv) The Contractor shall be required to report on a daily basis to the Cemetery Director or the

COR at the main office of the National Cemetery. Contractor shall log in and obtain funeral and or special schedules. This check in is mandatory.

B. Duties and responsibilities of the COR include day-to-day monitoring of the contract as follows:

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

(ii) Placing orders for services.

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

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

Officer.

C. All administrative contract functions are the responsibility of the VA CO. Any modifications to the contract, including those involving no-cost changes, increases and decreases in cost or level of services provided, termination or extension of the contract (in part or in whole) and decisions concerning claims or disputes, must be authorized in writing by the Government Contracting Officer.

D. Task Orders for services at the South Florida National Cemetery will be placed by the COR through the Contracting Officer and may be placed via electronic mail (e-mail).

E. Agents/Branches; if the Contractor maintains agents/branches, the Department of Veterans Affairs is to be provided with a list containing any information necessary indicating how and with whom orders are to be placed.

B.2.6 PERFORMANCE EVALUTION MEETING

A. The issuance of a Contract Discrepancy Report (CDR) may be cause for the scheduling of a meeting among the Contractor, Contracting Officer, and the COR. A mutual effort will be made to resolve all problems identified. The Government will prepare written minutes of the meeting. The Contractor, Contracting Officer, and the COR will sign minutes of the meeting(s).

B. Should the contractor not concur with the minutes, he will state in writing to the Contracting Officer within ten (10) calendar days, he/she does not concur and explain the reasons for non-concurrence. The

Contracting Officer will review and consider the reasons submitted for the Contractor’s non-concurrence and make a decision. The Contracting Officer will notify the Contractor of the decision in writing within ten calendar days.

B.2.7 DISCREPANCY ACTIONS

A. Normally, the COR will verbally advise or give a written inspection report to the Contractor of discrepancies the first time they occur and ask the Contractor to correct the problem. A notation will be made on the COR checklist of the date and the time the deficiency was discovered and the date and time the Contractor was notified.

B. If the Government created any of the discrepancies, these will not be counted against the Contractor’s performance. When the Government has caused the Contractor to perform in an unsatisfactory manner, the COR will forward a written notice to the responsible organizational element requesting corrective action be taken.

C. When the Contractor is not meeting the limits of satisfactory performance, a CDR will be issued to the

Contractor. The seriousness of the failures should govern whether to issue CDR at the end of the period, or as soon as the limit of satisfactory performance are exceeded.

D. When a CDR is issued for a service, the Contracting Officer must deduct from the periodic payment.

E. If the Contractor does not achieve satisfactory performance by the end of the next period or agreed suspense date, another CDR will be issued and the appropriate amount deducted from the periodic payment.

F. A third CDR will be the cause for a Cure Notice. However, the Contracting Officer may issue a Cure

Notice at any time he/she deems appropriate. Depending on the overall performance of the Contractor, an unsatisfactory reply to the Cure Notice should require a Show Cause letter to be issued, followed by consideration of termination of the contract.

B.2.8 PERFORMANCE OF WORK REQUIREMENTS SUMMARY

A. The purpose of this segment is to:

1. List the contract requirements considered most critical to acceptable contract performance.

2. Show, where applicable, the maximum allowable degree of deviation from perfect performance for each requirement that shall be allowed by the Government before contract performance is considered unsatisfactory.

3. Define the procedure the Government shall use in reducing the Contractor's monthly payment if satisfactory performance is not rendered.

B. The Government's quality assurance procedures are based on actual performance of the contract and all areas will be reviewed periodically, (e.g. daily, bi-weekly, or monthly as indicated on Quality

Assurance Surveillance Plan).

C. The criteria for acceptable and unacceptable performance are as follows:

1. Contract requirements. The criteria for requirements are the level of performance deemed acceptable to the Government.

2. If the quality of work does not comply with the contract requirements the COR will initiate and the Contractor shall be required to complete a Contract Discrepancy Report (CDR).

3. The CDR will require the Contractor to explain in writing why performance was unacceptable, how performance will be returned to an acceptable level, and how recurrence of the problem will be prevented in the future. The Contractor will not be paid for services not rendered in accordance with the standards set forth in this contract.

4. If the level of performance is deemed unacceptable to the Government concurrent with two unsatisfactory ratings, monthly payment will be reduced for unsatisfactory performance by the percentage as shown in the Quality Assurance Surveillance Plan (QASP)(Attachment I).

B.2.9 QUALITY ASSURANCE SURVEILLANCE PLAN

In accordance with FAR 46.4 and 46.401 – Government Contract Quality Assurance, the Government shall inspect contractor performance on this requirement to ensure services conform to contract requirements. See Quality Assurance Surveillance Plan (QASP) (Attachment I) for contract line items that will be inspected and the frequency of the inspections (e.g. daily, bi-weekly, or monthly as indicated on

Quality Assurance Surveillance Plan).

B.2.10 CONTRACTOR’S QUALITY CONTROL PLAN (QCP)

A. The Contractor shall establish and maintain a complete QCP to assure the requirements of this contract are provided as specified. This QCP will be forwarded to the CO along with the requested initial quotation. The CO will review the QCP and list any needed clarifications, and return the Contractor for response, if necessary. The Contractor’s QCP shall include the following or have incorporated into during performance of contract, at a minimum:

1. An inspection plan covering all services required by this contract. The inspection plan must specify the areas to be inspected on either a scheduled or unscheduled bases, how often inspections will be accomplished and documented, and the title of the individual(s) who will perform the inspections.

2. On-site records of all inspections conducted by the contractor noting necessary corrective action taken. Government reserves the right to request copies of any and/or each inspection.

3. Incorporation of either active or established internal policy and procedures for updating equipment and procedures that may affect performances of contract.

4. The methods for identifying and preventing deficiencies in the quality of services performed, before the level of performance becomes unacceptable and organizational functions noting intermediate supervisory responsibilities and overall management responsibilities for ensuring total acceptable performance.

5. On-site records identifying the character, physical capabilities, certifications and ongoing training of each employee performing services under this contract.

6. A log to account for all requests for immediate service. The log shall indicate the date and time of services, and description of results and completion of these services.

7. On-site records of any complaints or problems, with procedures taken to allow for corrections and/or elimination before effects caused interruptions of performance of contract.

NOTICE TO CONTRACTORS:

THE CONTRACTOR IS SOLELY RESPONSIBLE TO ENSURE THAT HIS/HER EMPLOYEES

ARE FU LLY AWARE OF ALL THE ABOVE TERMS AND CONDITIONS REQUIRED FOR

THE PERFORMANCE OF THIS CONTRACT AND ABIDE BY THESE TERMS AND

CONDITIONS DURING THIS PERIOD OF PERFORMANCE

B.3 SUPPLIES OR SERVICES & PRICES / COSTS

Period of Performance: October 1, 2018 through September 30, 2019, with four (4) 1-year

Options to Extend through September 30, 2024, if exercised.

BASE YEAR October 1, 2018 through September 30, 2019

CLIN Description

EST

QTY

Unit Unit Price Total Price

0001 Excavate Gravesite (Medium liner) 20 EA

0002 Excavate Gravesite (Large Liner) 5 EA

Total Price, Base Year:

OPTION YEAR 1: October 1, 2019 through September 30, 2020

EST

QTY

Unit Unit Price Total Price

1001 Excavate Gravesite (Medium liner) 20 EA

1002 Excavate Gravesite (Large Liner) 5 EA

OPTION YEAR 2: October 1, 2020 through September 30, 2021

EST

QTY

Unit Unit Price Total Price

2001 Excavate Gravesite (Medium liner) 20 EA

2002 Excavate Gravesite (Large Liner) 5 EA

OPTION YEAR 3: October 1, 2021 through September 30, 2022

EST

QTY

Unit Unit Price Total Price

3001 Excavate Gravesite (Medium liner) 20 EA

3002 Excavate Gravesite (Large Liner) 5 EA

OPTION YEAR 4: October 1, 2022 through September 30, 2023

EST

QTY

Unit Unit Price Total Price

4001 Excavate Gravesite (Medium liner) 20 EA

4002 Excavate Gravesite (Large Liner) 5 EA

TOTAL PRICES:

BASE PERIOD

OPTION YEAR 1

OPTION YEAR 2

OPTION YEAR 3

OPTION YEAR 4

Grand Total Estimated Price:

The period of performance is from Date of Award through September 30, 2019, with four (4) one

(1) year renewal options, if exercised. Note: all Option Years are subject to the availability of appropriated funds; options are not guaranteed, and the Government’s decision not to exercise an option shall not be understood, construed, or intended as a termination.

SECTION C - CONTRACT CLAUSES

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

ITEMS (JAN 2017)

(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…