36C78618Q9622-001.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 71

36C78618Q9622 08-28-2018

Max Andrade 540-658-7221 09-11-2018

43C1

Department of Veterans Affairs

NCA Contracting Service

75 Barrett Heights Rd. Suite 309

Stafford VA 22556

X 100

X

561730

$7.5 Million

N/A

Mill Springs National Cemetery

9044 West Highway 80

Nancy KY 42544

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, Grounds, and Facility Maintenance Services for the Mill Springs 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

36C78618Q9622

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) ... 40

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)44

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) 67

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) 71

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

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.

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 11:00 AM ET, September 7, 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).

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

In no event shall failure to inspect constitute grounds for a claim or request for equitable adjustment after contract award. To make arrangements for site visits, contact the following cemetery Point of Contact: Mr. Michael Niklarz, Cemetery Director, Phone number: 859-885-5727.

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 and grounds and facility maintenance services is performed at Mill Springs National Cemetery located at 9044 West Highway 80, Nancy, KY 42544. The items and services shall be provided in a manner that will maintain healthy grass, trees, shrubs, and plants and present a clean, neat, and professional appearance throughout the overall cemetery location. 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.

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 grounds and facilities maintenance services at Mill

Springs National Cemetery, 9044 West Highway 80, Nancy, KY 42544.

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 Mill Springs 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.

DESCRIPTION OF SERVICES:

The contractor shall provide all personnel, equipment, tools, supervision, and other items and services necessary to ensure that grounds maintenance is performed at Mill Springs National Cemetery in a manner that will maintain healthy grass, trees, shrubs, and plants and present a clean, neat, and professional appearance throughout. Services include, but are not limited to maintenance of grounds, regular mowing, trimming and edging, weed eating, removal of leaves and debris, sweeping or blowing off roads and sidewalks, headstone installation, grave excavation and backfilling, maintenance of gravesites, the alignment and cleaning of headstones, headstone maintenance, headstone setting, transporting of remains, turf maintenance, plant and tree maintenance, sunken grave repair, trash removal, snow and ice removal and janitorial services, the application of herbicide, as well as dressing with pine straw, and the inspection and maintenance of the underground Sprinkler System. Work will be done during normal Federal workdays in daylight hours. The exceptions are Memorial Day weekend and other special days as requested by the COR, e.g., Wreaths Across America Program in December. Support services for weekend or holiday burials in the transporting of remains may be required, as well as during

Active Duty KIA interments scheduled on a weekend.

PROGRAM OBJECTIVES:

(a) The successful Contractor shall be responsible for full management of the cemetery grounds and facilities maintenance services described herein. The Government's objectives are described in the

NCA Operational Standards and Measures provided as Attachments to this solicitation. The

Attachments attached to this solicitation serves as Guides or References (if/as needed) but the contractor shall develop a Performance Work Plan that contains solutions to accomplish the same objectives as stated in the NCA Operational Standards and Measures as they are applicable to the services required in the schedule. The Contractor shall use whatever method he/she chooses to meet the objectives, (i.e. performance schedule, frequency of mowing, turf maintenance, weed eating, plant and tree maintenance, and of the like), if the result satisfies the minimum acceptable levels of performance.

(b) The contractor shall be responsible for:

1. Providing all grounds maintenance services including, but not limited to: Maintenance of grounds, regular mowing, trimming and edging, removal of leaves and debris, as well as, sweeping or blowing off roads and sidewalks, trash removal and inspection and maintenance of the underground sprinkler system.

2. Turf Maintenance: Proper fertilizing, weeding, sodding of turf.

3. Turf surrounding a headstone or marker is trimmed to its recommended height.

4. Herbicide applications and pine straw dressing (pine straw to be provided by the contractor).

5. Tree wells and planting beds: Edging and maintenance of tree wells and planting beds, labor for mulching beds, (entrance, Committal Shelter, Flagpole, Lodge and Maintenance Bldg., etc.).

6. Plant and Tree Maintenance.

7. Maintenance of gravesites and headstones.

8. Headstone cleaning and maintenance.

9. Sunken grave repair.

l0. Snow and ice removal.

11. Storm damage and debris removal

12. Transportation of casketed remains and floral arrangements from committal shelter to gravesite

(contractor provides vehicle).

13. Provide a safe working environment for Contractor, cemetery staff and public.

14. Committal Shelter cleaning and set-up, daily.

15. Support Services for Special Events such as Memorial Day and Wreaths Across America.

16. Support Services for weekend or holiday burials, as needed.

17. Will reference back to and follow the National Standards and a copy will be provided by

COR.

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 Mill Springs 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. The only designated smoking area for the Mill Springs National Cemetery is located by the maintenance building. 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.

USE OF CEMETERY FACILITIES:

(a) The Government will not be responsible for any loss, damage, or theft of contractor's items, nor will free telephone service be provided. Contractor shall be responsible for acceptable standards of housekeeping and custodial maintenance of Department of Veterans Affairs facilities used by the contractor's employees.

(b) Contractor's employees shall park privately owned vehicles in area designated for parking by the

(c) The Government may furnish a storage building at the Cemetery site for optional use by the contractor to store supplies and equipment. However, the Government will not be responsible for any damage to or loss of the contractor's equipment and supplies stored on the Government's premises.

The contractor shall maintain fire extinguishers and other safety equipment. Should the storage building be destroyed, the contractor will be given a minimum of sixty (60) days to find storage off the cemetery's grounds. The contractor shall then be responsible for delivering and removing all necessary equipment and supplies daily. Inability to use the storage building will in no way alter the contract.

(d) The contractor shall safely store any chemicals, pesticides, herbicides, cleaning solutions, and of the like in accordance with the manufacturer's recommendations. An SDS (Safety Data Sheet) shall be required for all chemicals, pesticides, herbicides and cleaning solutions.

(e) Electricity and phone service will NOT be furnished by the Government for the contractor's work area. However, government will provide all electricity and water used on and for the cemetery facilities.

(f) The contractor may not have use of Government equipment. If the contractor uses any Government equipment, then the equipment used shall be kept or brought to NCA Standards and all maintenance and repair work shall be done by the contractor. If the contractor does not use or keep the

Government's equipment to NCA standards required, then the contractor shall obtain or replace required items at the contractor's expense.

(g) The lodge is off limits except for necessary work such as snow and ice, leaves and other debris removal.

INSURANCE REQUIREMENTS:

The contractor shall obtain all necessary licenses and/or permits required to perform this work. The contractor shall take all precautions necessary to protect persons and property from injury or damage during the performance of this contract. The contractor shall be responsible for any injury to himself, his employees, or others, as well as for any damage to personal or public property that occurs during the performance of this contract that is caused by his or his employees' fault or negligence. Further, it is agreed that any negligence of the Government, its officers, agents, servants and employees, shall not be the responsibility of the contractor hereunder with the regard to any claims, loss, damage, injury, and liability resulting there from. The contractor shall maintain workmen's compensation, personal liability, auto liability, and property damage insurance, as prescribed by the laws of the state of Mississippi, and in accordance with FAR 52.282-5, Section B. Evidence of coverage is required before commencing work under this contract (copy of Certificate of Insurance), and it may not be changed or cancelled without thirty (30) calendar days’ prior written notice to the Contracting Officer.

CONTRACTOR DUTIES AND RESPONSIBILITIES:

a) Staffing Requirements: Contractor will supply a minimum of two (2) full time employees, dedicated to the cemetery, Monday- Friday, 5 days per week, minimum 8 Hrs. per day (minimum hours should be between 8-4:30 PM), supplemented w/ additional employees in order to accomplish ALL CLIN items successfully. The Contractor shall be aware of the intensive labor and equipment requirements.

Inclement weather is not an excuse for not meeting specifications, other than for tilling and slit-seeding operations. The Contractor is expected to use any additional resources necessary to meet or return to specified work requirements and time frames- after an event such as Memorial Day (when cemetery provided flags are set in front of each grave- See Placement of Flags - or after grounds dry-out following an exceptional precipitation). In addition, the Contractor shall use small utility vehicle and/or walk-behind, manual application methods when making turf applications in any Specialty

Area- so that damage to Government property does not occur. Similar judgment in equipment selection shall also be used in General Areas. Equipment selection shall be approved by the COR.

Equipment must be in excellent shape aesthetically and mechanically in order to provide a dignified and honorable appearance while representing the Department of VA, and meet the need of a cemetery, not a construction site.

Note: There are eight “Agronomic Protocols” that outline appropriate policies and procedures for proper lawn care operations at this Cemetery. In case of any discrepancies between procedures specified by the protocols and those specified in this part of the Performance Work Statement (PWS), this guidance takes precedence – see “Attachment A” line 21. Agronomic Protocols.

b) Offeror will supply a minimum of one (1) grounds employee and one (1) Site Supervisor dedicated to performing all services outlined in this PWS. Offeror must also provide a certified Arborist and state licensed Chemical Application Specialist.

1. SITE SUPERVISOR REQUIREMENTS

a) A competent and experienced English-speaking Site Supervisor shall be provided by the

Offeror whenever work is being performed other than trash and debris pick-up.

b) The Site Supervisor must have at least three (3) years of experience as a direct supervisor of grounds maintenance operations that included mowing, trimming, edging, and cleanup in industrial, commercial or public sites.

c) Site Supervisor Duties:

1. The Site Supervisor shall ensure all specifications are being met, ensure contract work does not conflict with ceremonies and funerals, and ensure employees are adequately supervised and proper conduct is maintained.

2. Site Supervisor shall prevent any disruption to the cemetery operations, including funerals, visitor privacy, internal traffic, and utilities.

3. In the absence of the Site Supervisor, the Offeror shall appoint an English-speaking crew foreman or an employee who shall be responsible to ensure that work being accomplished is done so in an expeditious manner, is performed in accordance with the contract specifications and that the work will progress without undue delay.

2. EMPLOYEE REQUIREMENTS

a) Contracted grounds maintenance employees must have at least 1-year of experience in landscaping maintenance operations, experience working in a National Cemetery Grounds

Maintenance contract or similar projects.

b) Demonstrated education or experience in turf grass maintenance, horticulture and headstone maintenance.

c) The Offeror shall be responsible to ensure contracted employees providing work on this contract are fully trained and completely competent to perform the required work.

d) Labor Force and Equipment: The Offeror shall be aware of the intensive labor and equipment requirements needed to meet contract specifications. Offeror shall be responsible to provide all labor and equipment as necessary to meet deadlines. The Offeror will provide all necessary resources to complete the efforts assigned under the scope of this contract.

e) Employee Listing: The Offeror shall maintain and provide the COR a current list of all employees on site including subcontractor personnel. The list shall include the employee’s name, job title, and driver’s license number within 5 business days of contract award.

f) Employee Identification: The Offeror’s employees shall wear visible identification always while on the premises of the Cemetery.

c. 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.

d. After Normal Hours On-Call/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.

e. 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.

f. 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 daily 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. The site manager can thus assign tasks accordingly throughout the rest of the Cemetery so that productive use of labor and equipment is assured, and downtime is avoided. If the Contractor fails to re-direct employees away from an event in a timely fashion, the COR and/or Project Manager may then do so.

g. A list of scheduled ceremonies will be provided the week prior to the event, and a list of scheduled funerals will be provided the day prior to the service. The Contractor is solely responsible for ensuring that no contract work causes any funeral, ceremony, procession or visitation to be delayed, altered, or otherwise impacted in such a way that the dignity or security of the event is compromised.

The Contractor is solely responsible for staying abreast of all such upcoming events and when in doubt, he/she must ask the COR and/or Project Manager. The Contractor shall meet with the COR and/or Project Manager at the end of each day to determine work completed and ensure that work is on schedule.

h. In the absence of the COR and/or Project Manager, the Contractor shall meet with the Alternate COR and/or Project Manager of this contract. The Contracting Officer's Representative (COR and/or

Project Manager) for this contract shall designated in writing with any designated alternative CORs and/or Project Manager.

i. The Contractor may be required when deemed necessary by the COR and/or Project Manager to attend a meeting with the COR and/or Project Manager or other Government personnel. Contractor may be required to attend a minimum of 1 meeting with various veteran’s groups and the Mill Springs

National Cemetery staff to plan Memorial Day events. Meetings will take place at Mill Springs

National Cemetery or at a meeting place designated by the VA.

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

CONTRACTOR ADMINISTRATIVE DUTIES

a. Contractor will be responsible for maintaining a hazardous chemical list for all chemicals entering

Mill Springs National Cemetery in accordance with standards set by OSHA, the Department of

Veterans Affairs and the State of Kentucky.

b. The contractor must keep all employee training records on site and available for review by the

Cemetery Director.

RECORD KEEPING AND REPORTING

The Contractor's site manager or his designee shall provide the COR and/or Project Manager with weekly written accurate reports identifying the following: Work accomplished to include areas mowed, trimmed, edged; headstones markers received, set; number of interments by deceased name and grave number; and unusual happenings. These lists will be provided on not less than a weekly basis, and shall identify all the above work that took place within the previous seven days. The site manager will also provide upon request a plan of action for the upcoming week. The report will be provided by noon on Mondays unless it is a Federal holiday in which case the report will be provided by noon the following workday.

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 Kentucky inspection, safety, licensing, registration, and insurance requirements.

f. The contractor shall provide his/her own refuse facilities. The contractor is required to dispose of all debris and other waste materials generated by his/her work at a licensed off-site landfill unless otherwise directed by the COR and/or Project Manager.

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. The Contractor shall use any additional resources necessary to meet or return to specified work requirements after an event such as Memorial Day. The Contractor shall determine the number of employees and the amount and kinds of equipment needed during the period of performance.

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. If required to apply herbicides and pesticides, Contractor or his employee must possess a qualified applicators license issued by the State of Mississippi and file all notices of intent when required to apply herbicides and pesticides and file monthly chemical usage with state and local authorities.

c. The Contractor is required to provide three (3) 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.

INSPECTION AND CLEANING OF CEMETERY FACILITIES:

(a) The contractor shall perform a weekly inspection. During this inspection, the appearance of the

Cemetery will be observed, and any deficiencies noted within the scope of the contract will be documented by the COR on a weekly inspection sheet. Items that need correcting outside the scope of the contract will be handled by cemetery personnel and reported to the contracting officer or applicable up line authority. Any deficiencies ratings of marginal or unsatisfactory noted on the weekly inspection sheet shall be corrected by the contractor within the following time:

i. Grounds Maintenance (i.e., mowing, removal of leaves and debris, sweeping or blowing off of roads and walkways, trash removal, headstone alignment and bump and run) 2 business days after receipt of weekly inspection sheet.

ii. Headstone Cleaning and Maintenance - 3 business days after receipt of weekly inspection sheet.

iii. Sunken Grave Repair - 5 business days after receipt of weekly inspection sheet.

iv. Cleaning and Maintenance of Public Restrooms, 2 business days after receipt of weekly inspection sheets

Items that need correcting within the scope of the contract shall be reported by the contractor to the CO or

(b) The contractor shall submit inspection reports and work accomplished to the COR weekly. The COR is located at Mill Springs National Cemetery. The inspection forms will be provided to the contractor by the COR.

SUPERVISION AND TRAINING:

(a) The contractor shall maintain satisfactory standards of personnel conduct and work performance and shall administer disciplinary action as required. The contractor shall remove employees for cause, to include, but not limited to, misconduct in performance of duty under these specifications and/or conduct contrary to the best interests of the Government.

(b) The contractor shall also be responsible for training and safety precautions for the contractor's employees performing work under these specifications. Occupational Safety and Health

Administration (OSHA) standards shall be observed by the contractor in all work performed.

Appropriate safety equipment shall be furnished by the contractor to the contractor's personnel and shall be used as prescribed by OSHA standards, including hard hats, safety shoes, safety glasses, and hearing protection devices (Note, this is for construction). The following OSHA and NFPA standards and codes are to be adhered to:

1. National Fire Protection Association (NFPA): 10-1998 Standard for Portable Fire

Extinguishers

2. OSHA 29 CFR 1910 Safety and Health Regulations for Personal Protection, Safety Color Codes, Portable Power Tools, Electrical Safety and Portable Electric Equipment.

3. Site and Building Access: Contractor shall maintain free and unobstructed access to facility emergency services and for fire, police and other emergency response forces in accordance with

N FPA 241.

SAFETY:

Matters related to safety, and any actions of the Contractor, must meet all safety requirements of Mill

Springs National Cemetery's Safety Officer, Department of Veterans Affairs, OSHA, and the State of

Kentucky. It is incumbent upon the Contractor to be familiar with these requirements. "Safety" shall also include the Contractor having a safety representative who maintains regular and routine contact with the

Safety Officer of Mill Springs National Cemetery. The Contractor shall issue appropriate safety and personal protective equipment to his/her employees as needed and determined by OSHA guidelines and

National Cemetery policies.

REPRESENTATIVES OF THE CONTRACTING OFFICER

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

Springs 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.

MAINTENANCE DURING CEMETERY FUNCTIONS:

The contractor's personnel shall not operate motorized equipment or conduct other commercial activities during interment services. The COR or his/her representative shall furnish the contractor with a schedule of all interments and/or ceremonies no later than the close of business of the day prior to the scheduled internment, and a minimum of three (3) days before any ceremonial events.

HISTORIC PRESERVATION:

Where the Contractor or any of the Contractor's employees, prior to, or during the service work, are advised of or discover any possible archeological, historical and/or cultural resources, the contractor shall immediately notify the COR verbally, and then with a written follow up.

OTHER / EMERGENCY DAMAGE / MAINTENANCE SERVICES

Contractor is to be prepared to provide other maintenance services as necessary to maintain the cemetery, to address emergency situations, to continue operations, and/or to meet new requirement/regulations as necessary. This additional work will be assessed at a fair and reasonable price, and contractor may operate as prime when services require the use of a subcontractor. This requirement will particularly be necessary during Emergency storm damage situations.

CEMETERY RESPONSIBILITIES:

a. Provide necessary training,…