36C78618R0132-001.pdf

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

x

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:

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 SHALL BE 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 1 of 81

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS

36C78618R0132 01/25/2018

Iris Chen, iris.chen1@va.gov (215) 381-3787 x 4635 02/12/2018@2PM

Department of Veterans Affairs National Cemetery Administration NCA Contracting Service (43C1) 75 Barrett Heights Rd Stafford VA 22556 X

X 100

561710

$11.0 Million

N/A

X

Long Island National Cemetery 2040 Wellwood Avenue Farmingdale New York, 11735

Department of Veterans Affairs National Cemetery Administration NCA Contracting Service (43C1) 75 Barrett Heights Rd Stafford VA 22556

Department of Veterans Affairs Electronic Invoicing http://www.tungsten-network.com/customer -campaigns/veterans-affairs/

Pest Service at Long Island National Cemetery Base + 4 Option Years, if exercised.

See Schedule of Prices - Page 9

DUNS #_________________________

TAX ID #________________________

x X x 1 1

Iris Chen

Email: ______________________

Phone: ______________________

Submit Proposal via VA eCMS Vendor Portal website at https://www.vendorportal.ecms.va.gov Set-Aside 100% to Service Disabled Veteran Owned Small Business

36C78618R0132

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 PRICE/COST SCHEDULE

B.3 DESCRIPTION/SPECIFICATIONS/WORK STATEMENT…………………………………………………………………………….……..12

SECTION C - CONTRACT CLAUSES ............................................................................................................... …18 C.1 SBA ACT 8(d)(13)(B)……………………………………………………………………………………………………………………………………..18 C.2 52.203-19 PROHIBITION ON REQUIRING CERTAIN INTERNAL CONFIDENTIALITY AGREEMENTS OR

STATEMENTS (JAN 2017)…………………………………………………………………………………………………………………………….…..…18

C.3 52.212-4 CONTRACT TERMS AND CONDITIONS-- COMMERCIAL ITEMS (JAN 2017)

C.4 52.219-28 POST-AWARD SMALL BUSINESS PROGRAM REPRESENTATION (JUL 2013)…………………………………25

C.5 52.252-2 CLAUSES INCORPORATED BY REFERENCE (FEB 1998)

C.6 52.216-18 ORDERING (OCT 1995)

C.7 52.216-19 ORDER LIMITATIONS (OCT 1995)

C.8 52.216-21 REQUIREMENTS (OCT 1995)………………………………………………………………………………………..…………….28

C.9 52.217-8 OPTION TO EXTEND SERVICES (NOV 1999)……………………………………………………………………………….….29 C.10 52.217-9 OPTION TO EXTEND THE TERM OF THE CONTRACT (MAR 2000)…………………………………….…….……29

C.11 52.228-5 INSURANCE - WORK ON A GOVERNMENT INSTALLATION (JAN 1997)

C.12 SUPPLEMENTAL INSURANCE REQUIREMENTS

C.13 52.228-16 PERFORMANCE AND PAYMENT BONDS-- OTHER THAN CONSTRUCTION (NOV 2006) C.14 52.232-19 AVAILABILITY OF FUNDS FOR THE NEXT FISCAL YEAR (APR 1984)……………………………………….…..31 C.15 852.203-71 DISPLAY OF VA HOTLINE POSTER (DEC 1992)…………………………………………………………………….…….31 C.16 VAAR 852.219-10 VA NOTICE OF TOTAL SERVICE-DISABLED VETERAN-OWNED SMALL BUSINESS SET-ASIDE

(JUL 2016)(DEVIATION)…………………………………………………………………………………………………………………………………….. 32

C.17 VAAR 852.232-72 ELECTRONIC INVOICE SUBMISSION OF PAYMENT REQUESTS (NOV 2012) C.18 52.212-5 CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT STATUTES OR EXECUTIVE

ORDERS--COMMERCIAL ITEMS (NOV 2017)

SECTION D - CONTRACT DOCUMENTS, EXHIBITS, OR ATTACHMENTS

ATTACHMENT A - SERVICES WAGE DETERMINATION……………………..….…………………………..……………………

ATTACHMENT B - PAST PERFORMANCE QUESTIONNAIRE …………………….………………………………………………………..….52

SECTION E - SOLICITATION PROVISIONS

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

E.2 52.203-18 PROHIBITION ON CONTRACTING WITH ENTITIES THAT REQUIRE CERTAIN INTERNAL CONFIDENTIALITY AGREEMENTS – REPRESENTATION (JAN 2017))…………………………………………………………….….….58

E.3 RESERVED ……………………………………………………………………………………………………………………………………………………58

E.4 52.216-1 TYPE OF CONTRACT (APR 1984)

E.5 52.233-2 SERVICE OF PROTEST (SEP 2006)

E.6 52.237-1 SITE VISIT (APR 1984)

E.7 VAAR 852.233-70 PROTEST CONTENT/ALTERNATIVE DISPUTE RESOLUTION (JAN 2008)

E.8 VAAR 852.233-71 ALTERNATE PROTEST PROCEDURE (JAN 1998)

E.9 VAAR 852.270-1 REPRESENTATIVES OF CONTRACTING OFFICERS (JAN 2008)

E.10 52.252-1 SOLICITATION PROVISIONS INCORPORATED BY REFERENCE (FEB 1998)

E.11 52.212-2 EVALUATION--COMMERCIAL ITEMS (OCT 2014)

E.12 ADDITIONAL INSTRUCTIONS TO OFFERORS

E.13 52.212-3 OFFEROR REPRESENTATIONS AND CERTIFICATIONS-- COMMERCIAL ITEMS (NOV 2017)

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 00786 Department of Veterans Affairs National Cemetery Administration NCA Contracting Service Memorial Service Network I 5000 Wissahickon Ave Philadelphia, PA 19144

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

[X] 52.232-34, Payment by Electronic Funds Transfer - Other than Central Contractor Registration, 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]

4. GOVERNMENT INVOICE ADDRESS:

All invoices from the contractor shall be sent electronically by following instruction as stated at website:

http://www.fsc.va.gov/einvoice.asp See VAAR clause 852.232-72 Electronic Submission of Payment Requests (NOV 2012).

5. SOLICITATIONS: Proposals for furnishing the supplies or services in the Schedule will be received at https://www.vendorportal.ecms.va.gov. CAUTION - LATE Submissions, Modifications, and Withdrawals: See provision 52.212-1. All offers are subject to all terms and conditions of this solicitation.

The pre-award questions period ends at 10:00AM EDT on 02/06/2018. The due date for proposals remains 02/12/2018 at 2pm EDT. Please submit questions to Iris Chen Iris.Chen1@va.gov Responses to all questions received by this date will be posted on http://www.fsc.va.gov/einvoice.asp mailto:Iris.Chen1@va.gov

FedBizOpps within two (2) business days following 02/06/2018. No questions will be answered by phone calls and no questions will be accepted after that date.

OFFERORS MUST COMPLETE AND RETURN ALL INFORMATION DESIGNATED IN FAR PROVISION

52.212-1, INSTRUCTIONS TO OFFERORS – COMMERCIAL ITEMS, PARAGRAPH b and follow additional instruction to offeror under E.10 PRIOR TO THE TIME SPECIFIED IN BLOCK 8 of SF 1449 IN ORDER TO BE

CONSIDERED FOR AWARD AND THE INFORMATION SHALL BE FORWARDED TO THE ADDRESS IN

BLOCK 9.

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

AMENDMENT NO DATE

6. NOTICE TO PROSPECTIVE CONTRACTOR(S): Prospective awardees MUST be registered with SAM at http://www.sam.gov, Prior to Award and through final payment, and the Online Representations and Certifications Application (ORCA) at http://www.sam.gov prior to award and through final payment. Contract will not be awarded until SAM registration has been completed.

1. All proposals must be submitted through the Department of Veterans Affairs - Electronic Management System (eCMS) Vendor Portal website in order to be considered for award. https://www.vendorportal.ecms.va.gov

2. Please go to the VA eCMS Vendor Portal website at https://www.vendorportal.ecms.va.gov to register. Once on the webpage, proceed to the Vendor Portal Login section located on the far left side of the webpage and click on ‘Request a user account’ to register. In the event an Offeror is unable to submit a proposal through the Vendor Portal domain, prior to the proposal closing date, contact the VAAS helpdesk at 1-877-634-3739, or via email at VA.Acquisition.Systems@va.gov. Submission of proposals through email will not be accepted. Proposal transmission/uploads must be completed by the date/time specified. Late or incomplete Proposals will not be considered.

3. If Offerors are still unable to submit a proposal through VA eCMS Vendor Portal, the Offerors may submit a CD version of their proposal package as long as VA eCMS Vendor Portal registration requirements have been fulfilled and Offerors have contacted the VAAS helpdesk for assistance in their submission of a proposal. A copy of the email correspondence with the VAAS helpdesk will be forwarded to the Contracting Officer, Iris Chen at iris.chen1@va.gov as proof of email correspondence. If a phone conversation with the VAAS helpdesk proves unsuccessful in an Offeror’s ability to submit a proposal prior to the closing date via Vendor Portal, the Offeror shall submit to the Contracting Officer correspondence that contains the date, time, and name of helpdesk representative the Offeror contacted to include the reasons why the Offeror could not submit a proposal via the Portal. This document will be submitted https://www.vendorportal.ecms.va.gov/ mailto:iris.chen1@va.gov together with the CD version of the proposal. In the event an Offeror has not requested proposal submission assistance to the VAAS help desk prior to the closing date, nor has submitted correspondence that identifies reasons why the Offeror could not submit a proposal via Vendor Portal, the Offeror will be considered non responsive and the CD version of the proposal will not be accepted.

4. If a CD version of the proposal is accepted by the Contracting Officer, the CD version of the proposal may be submitted as an MS Word document. If PDF is preferred, then each Section submitted shall be a separate file. For example, all required licenses, technical proposal, Past Performance Questionnaires, shall all be under separate files and shall be classified as such. The CD shall be categorized in a manner where it is easy to ascertain. Offers who meet stated requirements may submit a CD version of their proposals at the address specified in Block 9 of SF 1449, or if hand carried, to the address shown in block 9, until the date and time specified in Block 8. CAUTION - LATE Submissions, Modifications, and Withdrawals: See provision 52.212-1. All offers are subject to all terms and conditions of this solicitation. Offers authorized to submit CD versions of their proposals are to submit their proposals to the Contracting Officer's Office, i.e., the Issuing Office address that appears in Block 9 of the SF-1449 above.

NOTE: if for some reason you want to edit your submission in vendors portal, you must resubmit all documents again.

Adding a document might delete the previous submittal.

5. The proposal package should contain the following:

• SF-1449 with completed blocks 17a and 30(a, b & c) and fill in the DUNS , Tax I.D. and Email on this page (above).

• Acknowledgement of any Amendments.

• Price Proposal for all items in the Schedule of Prices.

• Past Performance Questionnaire. Fill out and return as instructed (addendum to 52.212-2).

• Technical proposal (see FAR Clause 52.212-2 “Evaluation – Commercial Items”, addendum to 52.212-2 and additional instruction to offerors.

• Completed FAR Provision 52.212-3 “Certifications and Representations”, or indicate whether contractor has completed the annual representations and certifications electronically at http://www.sam.gov.

• If needed - Required Licenses-if needed, Insurance, Resumes.

Please upload all as one file except the tech proposal, which should be uploaded as a separate, and email past performance form completed as instructed under the evaluation provision.

Please note – If any of the Proposal Package information is not provided by the proposal due date, your proposal package may be found Technically Unacceptable.

The Government reserves the right to request performance and payment bonding as a condition for contract award.

7. MISSING PAGES: It is the responsibility of the offeror to examine this solicitation to verify that he or she has received all pages. 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 telephone number shown in Block 7B, Standard Form 1449, Solicitation / Contract / Order for Commercial Items.

8. ACQUISITION: Total (100%) Service Disabled Veteran Owned Small Business Set-Aside: This is a solicitation for commercial items prepared in accordance with the format in FAR Subpart 12.3. The contract will be awarded by Government to furnish those services as stated in the SOW.

http://www.sam.gov/

In accordance with FAR 12.101, the services requested in this solicitation are commercial item services that are used by commercial sector/private industry cemeteries throughout the United States.

The government anticipates awarding this solicitation as a fixed-price contract. The services provided in the contract will involve non-personal services. The personnel rendering the services of the contract are not subject, either by contract terms or by the manner of its administration, to the supervision and control usually prevailing in relationships between the Government and its employees.

9. TYPE OF CONTRACT: This is a fixed-price requirement contract in accordance with FAR 52.216-1 Type of Contract.

Furnishing those services as stated in the SOW involve non-personal services.

10. CONTRACT AWARD: The contract will become effective as soon as practical with no additional cost to the Government for any elapsed time from the original effective date. It is also, understood and agreed that the effective date of this contract will be contingent upon the availability of appropriated funds and in the event appropriations are not available.

11. CONTRACT TERMS: The term of this contract shall be from Date of Award through 09/30/2018 with four (4) 1-year options if exercised. Contractor shall submit an invoice at the end of each month. Delivery of all items under this contract is FOB Destination and is subject to inspection and acceptance by a VA Contracting Officer's Representatives

(COR).

12. AUTHORITIES OF GOVERNMENT PERSONNEL: Notwithstanding the Contractors responsibility for total management during the performance of this contract, the administration of the contract will require maximum coordination between the Government and the Contractor. The Government will provide, at the time of contract award, a list of Government personnel authorized to act as the Contracting Officer's Representatives (COR).

13. CONTRACTOR’S FOREMAN/SUPERVISOR: Contractor must provide an English Speaking Foreman/Supervisor at all times while performing the duties of the contract. This is to ensure proper communication between the Contractor and

COR.

14. SITE VISIT: Offerors are urged and expected to inspect all sites where services are to be performed and to satisfy themselves regarding all general and local conditions that may affect the cost of contract performance. In no event shall failure to inspect a one or all sites constitute grounds for a claim after contract award. All prospective offeror’s are expected to visit Long Island National Cemetery.

Prospective offerors shall contact Long Island National Cemetery, to schedule their visit prior to submitting offers.

Susanne McKenzie (COR) ……………………………………………..631-454-4949

15. POST AWARD CONFERENCE: Prior to commencement of work, contractor shall make an appointment for a conference with the COR to assure that all parties understand all contractual obligations and the role that each party serves.

16. AGENTS/BRANCHES: If the offeror 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.

17. FEDERAL HOLIDAYS:

January New Year’s Day, Martin Luther King’s Birthday

February President’s Day

May Memorial Day

July Independence Day

September Labor Day

October Columbus Day

November Veterans Day, Thanksgiving Day

December Christmas Day

Including any other day specifically declared by the President of the United States to be a national holiday.

18. LIMITATIONS ON SUBCONTRACTING – MONITORING AND COMPLIANCE:

This contract includes (VAAR) 852.219-10, VA Notice of Total Service-Disabled Veteran-Owned Small Business Set- Aside.

The Contractor shall be advised in performing contract administration functions, the CO may use the services of a support contractor(s) retained by VA to assist in assessing the contractor’s compliance with the limitations on subcontracting or percentage of work performance requirements specified in the clause. To that end, the support contractor(s) may require access to contractor’s offices where the contractor’s business records or other proprietary data are retained and to review such business records regarding the contractor’s compliance with this requirement. All support contractors conducting this review on behalf of VA will be required to sign an “Information Protection and Non- Disclosure and Disclosure of Conflicts of Interest Agreement” to ensure the contractor’s business records or other proprietary data reviewed or obtained in the course of assisting the CO in assessing the contractor for compliance are protected to ensure information or data is not improperly disclosed or other impropriety occurs. Furthermore, if VA determines any services the support contractor(s) will perform in assessing compliance are advisory and assistance services as defined in FAR 2.101, Definitions, the support contractor(s) must also enter into an agreement with the contractor to protect proprietary information as required by FAR 9.505-4, Obtaining Access to Proprietary Information, paragraph (b). The Contractor shall be required to cooperate fully and make available any records as may be required to enable the CO to assess the contractor’s compliance with the limitations on subcontracting or percentage of work performance requirement.

B.2 Price/Cost Schedule

PRICE SCHEDULE: The contractor shall provide all materials, supplies, transportation, equipment and labor necessary to provide Exterminating & Pest Control Services located at Long Island National (LINC) Cemetery, 2040 Wellwood Avenue, Farmingdale New York, 11735.

Term of Contract: Contract will be from Date of Award through September 30, 2018, with four (4) one-year renewable options. The aforementioned is intended to briefly describe the services involved. All services described in the Work Statement, including specifications, schedules, addenda, clauses, terms and conditions of the solicitation shall form the complete scope of work.

Site Visit: Prospective offerors shall contact Long Island National Cemetery, to schedule their visit prior to submitting offers.

Susanne McKenzie (COR) ……………………………………………..631-454-4949

Base Period: From Date of Award thru September 30, 2018

CLIN DESCRIPTION EST

QTY UNIT UNIT COST TOTAL COST

Long Island National Cemetery:

Exterminating & Pest Control Services (Cemetery Lodge / Twice Monthly)

24 Job $________ $ ___________

Long Island National Cemetery:

Exterminating & Pest Control Services (Cemetery Administration Building / Once Monthly)

12 Job $________ $________

Long Island National Cemetery:

Exterminating & Pest Control Services (Cemetery Maintenance Building / Once Monthly)

12 Job $________ $________

TOTAL ESTIMATED COST: $ ___________

Option Year I: October 1, 2018 thru September 30, 2019

CLIN DESCRIPTION EST

QTY UNIT UNIT COST TOTAL COST

Long Island National Cemetery:

Exterminating & Pest Control Services (Cemetery Lodge / Twice Monthly)

24 Job $________ $ ___________

Long Island National Cemetery:

Exterminating & Pest Control Services (Cemetery Administration Building / Once Monthly)

12 Job $________ $________

Long Island National Cemetery:

Exterminating & Pest Control Services (Cemetery Maintenance Building / Once Monthly)

Option Year II: October 1, 2019 thru September 30, 2020

QTY UNIT UNIT COST TOTAL COST

Long Island National Cemetery:

Exterminating & Pest Control Services (Cemetery Lodge / Twice Monthly)

24 Job $________ $ ___________

Long Island National Cemetery:

Exterminating & Pest Control Services (Cemetery Administration Building / Once Monthly)

12 Job $________ $________

Long Island National Cemetery:

Exterminating & Pest Control Services (Cemetery Maintenance Building / Once Monthly)

Option Year III: October 1, 2020 thru September 30, 2021

CLIN DESCRIPTION EST

QTY UNIT UNIT COST TOTAL COST

Long Island National Cemetery:

Exterminating & Pest Control Services (Cemetery Lodge / Twice Monthly)

24 Job $________ $ ___________

Long Island National Cemetery:

Exterminating & Pest Control Services (Cemetery Administration Building / Once Monthly)

12 Job $________ $________

Long Island National Cemetery:

Exterminating & Pest Control Services (Cemetery Maintenance Building / Once Monthly)

Option Year IV: October 1, 2021 thru September 30, 2022

QTY UNIT UNIT COST TOTAL COST

Long Island National Cemetery:

Exterminating & Pest Control Services (Cemetery Lodge / Twice Monthly)

24 Job $________ $ ___________

Long Island National Cemetery:

Exterminating & Pest Control Services (Cemetery Administration Building / Once Monthly)

12 Job $________ $________

Long Island National Cemetery:

Exterminating & Pest Control Services (Cemetery Maintenance Building / Once Monthly)

SUMMARY GRAND TOTAL:

BASE YEAR + ALL OPTION YEARS: $ __________________________

(End of Price Schedule)

B.3 DESCRIPTION/SPEC

SPECIFICATIONS/WORK STATEMENT

DESCRIPTION / SPECIFICATIONS / WORK STATEMENT

A.1 GENERAL REQUIREMENTS

(a) The Contractor shall furnish all supervision, labor, materials and equipment necessary to accomplish the monitoring, trapping, chemical control methods for pest removal located at Long Island National Cemetery, 2040 Wellwood Avenue, Farmingdale, New York, 11735. The Contractor shall also provide site-specific recommendations for structural and procedural modifications to aid in pest prevention.

(b) Contractor shall inspect and treat the cemetery lodge twice monthly. The inspection / treatment will include the entire lodge including and focusing on the attic, basement, bathrooms, kitchen, and laundry / store room.

Treatment will include the installation of glue boards for the control of rodents in all areas mentioned above.

Treatment will also include spraying of residual pesticide for control of any insects (ants, cockroaches, flies, spiders, silverfish, beetles, etc.) An annual inspection for termites will also be done.

(c) Contractor shall inspect and treat the cemetery administration building / offices monthly. The inspection / treatment will include the entire administration building including and focusing on the all bathrooms, kitchen, offices and file room. Treatment will include the installation of glue boards for the control of rodents in all areas mentioned above. Treatment will also include spraying of residual pesticide for control of any insects (ants, cockroaches, flies, spiders, silverfish, beetles, etc.)

(d) Contractor shall inspect and treat the cemetery maintenance building /offices monthly. The inspection / treatment will include the entire maintenance building including and focusing on the all bathrooms, kitchen, lunchroom offices and locker room. Treatment will include the installation of glue boards for the control of rodents in all areas mentioned above. Treatment will also include spraying of residual pesticide for control of any insects (ants, cockroaches, flies, spiders, silverfish, beetles, etc).

(e) All applications will be completed by a licensed-trained extermination / pest control professional.

(f) After completion of services, a detailed report explaining the services provided will be provided to the COR.

(g) The Contractor shall be responsible for application of pesticides according to the label. All pesticides used by the Contractor must be registered with the U. S. Environmental Protection Agency, state and or local jurisdiction.

(h) The Contractor shall provide current labels and Material Safety Data Sheets (MSDS) for all pesticide products to be used. In addition, brand names shall be provided for all application equipment, rodent bait boxes, monitoring and trapping devices, and any other control equipment that may be used to provide service.

(i) Application by need: Pesticide application shall be according to need and not by schedule. Such chemical control methods shall not be applied unless visual inspections or monitoring devices indicate the presence of pests in a specific area. Preventive chemical control treatments in areas where there is potential for insects or rodents will be evaluated on a case-by-case basis.

(j) Minimum risk: When the application of chemical control products is necessary, the Contractor shall employ the least hazardous materials, most precise application techniques and the minimum quantity of pesticide necessary to achieve control.

(k) The Contractor shall adequately suppress the following pests:

1) Indoor populations of rats, mice, cockroaches, ants, flies, spiders and other arthropod pests not specifically excluded from the contract

2) Populations of the above pests outside the buildings but within the cemetery property

3) Incidental invaders of concern (stinging or biting insects)

4) Excluded pests (listed below) emerging indoors

The following pests are excluded from this contract:

1) Birds, bats, snakes, and all other vertebrates other than commensal rodents

2) Subterranean termites and other wood destroying organisms

3) Mosquitoes

4) Plant-feeding pests

A.2 INSECT CONTROL

(a) Emphasis on non-chemical methods: The Contractor shall use non-pesticide methods of control wherever possible, for example- use of portable vacuum for initial clean-outs of cockroach infestations, winged ants and termites or spider control, and use of trapping devices for indoor fly control.

(b) Monitoring: Sticky traps shall be used to guide and evaluate indoor insect control efforts wherever necessary.

(c) Insecticide bait formulations: Bait formulations shall be used for cockroach and ant control where appropriate.

A.3 RECORD KEEPING

The Contractor shall be responsible for maintaining a pest control logbook for each site specified in this contract. These records shall be kept on site by the IPM Coordinator and maintained on each visit by the Contractor. The logbook shall contain the following items:

a. Pest Control Plan of Work: A copy of the Pest Control Plan of Work, including all labels and MSDS, as well as the service schedule will be provided to the COR.

b. Work request and inspection forms: Work request and inspection forms will be used to advise the Contractor of routine service requests and to document the performance of all work, including emergency work. All work shall be documented in the logbook, then signed and dated by the Contractor.

c. Floor-plan service report: The Contractor shall submit a floor plan of the area serviced to the IPM Coordinator documenting all chemical control methods used (brand name and formulation) and the location of the application.

A.4 EMERGENCY SERVICE

On occasion the Contractor may be requested to perform corrective or emergency service(s) that are beyond the routine requests. The Contractor shall respond to these exceptional circumstances and begin the necessary work within ONE (1) working day after receipt of the request.

A.5 CONTRACT MANAGEMENT

REPRESENTATIVES OF THE CONTRACTING OFFICER

(a) The Contracting Officer reserves the right to designate representatives to act for him/her in furnishing technical guidance and advice or generally supervises the work to be performed under this contract. Such designation shall be in writing and shall define the scope and limitations of the designee's authority. A copy of the designation(s) shall be furnished to the Contractor at time of award.

(b) The VA Contracting Officer shall delegate one (or more) representatives to serve as the Contracting Officer’s

Representative (COR). 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. Duties and responsibilities of the COR include, but are not limited to, the following:

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

(ii) Acts as technical liaison between the National Cemetery and the Contractor and between the cemetery and the Contracting Officer. (Note: The COR may not modify the intent or the terms and conditions of the contract.)

(iii) Placing orders for services.

(iv) Determining whether contract deliverables meet functional, technical and performance specifications.

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

(vi) 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) VA Contracting Officer: All administrative functions remain with the VA Contracting Officer. 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) DESIGNATED COR: The COR is not authorized to add, modify, delete or otherwise change any of the costs, specifications, provisions, requirements, terms or conditions of any purchase order(s) issued.

(e) FEDERAL HOLIDAYS: All work required under this contract shall be performed during normal business days and daylight hours between 8:00 am and 4:00 pm, local time, Monday through Friday, excluding Federal holidays. Deviations from the work schedule provided under this contract shall require prior written permission from the COR. The following is a list of the Federal holidays:

New Year's Day Martin Luther King's Birthday President's Day Memorial Day Fourth of July

Labor Day Columbus Day Veterans Day Thanksgiving Day Christmas Day

(f) The contractor agrees to phase all work in such a manner as not to impact on or interfere with cemetery operations. The COR, at his discretion, may direct and arrange the contractor’s performance in specific areas of the cemetery to ensure cemetery operations.

(g) In the event climate or weather conditions become unsuitable for work or may induce an environmental hazard, the entire work shall be performed at the first available opportunity. Postponement due to climate or weather conditions will not be cause for penalties to the Contractor or additional cost to the Government.

(h) VA National Cemeteries are National Shrines; contractor personnel appearance and conduct shall be professional and unobtrusive at all times. Questions from cemetery visitors shall be politely referred or directed to cemetery personnel.

(i) All employees will be dressed in proper attire, which includes sleeved shirt, long pants, and shoes. Tee shirts, tank tops and sandals are not acceptable. If caps are worn they must be free of any questionable message or design.

(j) The Contractor shall observe all traffic, parking, directional sign and regulations when cemetery’s roadways.

Vehicles shall not be driven off of the paved roadways onto non-paved areas without first securing permission from COTR.

(k) The contractor agrees to leave all work areas free of debris and in the same condition as before the work commenced. The contractor agrees to take all necessary precautions in the immediate work area(s).

(l) Invoices from the contractor shall be sent electronically by following instruction as stated at website:

(m) Dignity Clause:

Every action by contractor personnel at a national cemetery must be performed with the special care, reverence, dignity, and respect that acknowledges the cemetery as the final resting place that commemorates the service and sacrifice that service members, Veterans and their families made for our Nation. Critically important is the awareness required of the Contractor employees of the remains buried in the grounds where the work is performed. The utmost care must be given to these remains and the headstones and flat grave markers that mark those gravesites and memorialize the service of individuals.

Contractors cannot walk, stand, lean, sit or jump on headstones or markers, nor can they drive over them.

CONSEQUENCES OF CONTRACTOR’S FAILURE TO PERFORM REQUIRED SERVICES:

(a) Contract Discrepancy Report (CDR)

i. For serious contract performance deficiencies, or when less formal communications fail to resolve minor performance deficiencies, the COR will issue a Contract Discrepancy Report (CDR) to the Contractor. The criticality of the offense(s) will govern whether to issue the CDR immediately or at the end of the monthly invoicing period.

ii. The CDR will require the Contractor to respond in writing why the performance was unacceptable, what corrective actions have been/will be taken to fix the discrepancy, and how avoidance of a recurring problem will be prevented in the future.

iii. If the Contractor does not achieve satisfactory performance by correcting the discrepancy identified in the CDR by the end of the next period or agreed suspense date, further actions may be considered by the Contracting Officer, to include a determination on whether continued performance by the Contractor shall be feasible.

iv. The contractor shall be held to the full performance of the contract. The COR will not approve the payment of invoices for items which were not completed in compliance with the specifications outlined in this Statement of Work.

v. When a CDR is issued for a service, the Contracting Officer and/or the COR may exercise any contractual remedy available for non-performance, in accordance with FAR 52.212-4, “Inspection and Acceptance”.

vi. The COR will consult the Contracting Officer prior to submission of CDRs and also include the Contracting Officer on all correspondence pertaining to the CDR until the discrepancy is resolved

vii. 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.

See Attachment A of SOW.

Attachment A of SOW

CONTRACT DISCREPANCY REPORT

CONTRACT DISCREPANCY REPORT

Contract Number:

Report No. for this Discrepancy:

To: (Contractor/Manager’s Name)

From: (Name of COR)

5. Dates

5a. Prepared:

5b. Returned by Contractor:

5c. Action Complete:

Discrepancy or Problem: (Describe in detail. Include reference to PWS Directive; attach additional sheet if necessary.)

Signature of Contracting Officer or COR:

8a. To: (Contracting Officer and/or COR)

8b. From: (Contractor)

9. Contractor Response as to Cause, Corrective Action and Actions to Prevent Recurrence: (attach additional sheet if necessary.)

10a. Signature of Contractor Representative:

10b. Date:

11. Government Evaluation: (Acceptance, partial acceptance, reflection; attach additional sheet if necessary.)

12. Government Actions: (Reduced payment, cure notice, show cause, other)

13. Close Out

Name Title Signature Date

Contractor Notified

b. COR

c. CO

(End of Statement of Work)

SECTION C - CONTRACT CLAUSES

C.1 SBA ACT 8(d)(13)(B)

(B) NOTICE.—

(i) IN GENERAL.—A prime contractor for a covered contract shall notify in writing the contracting officer for the covered contract if the prime contractor pays a reduced price to a subcontractor for goods and services upon completion of the responsibilities of the subcontractor or the payment to a sub-Contractor shall be more than 90 days past due for goods or services provided for the covered contract for which the Federal agency has paid the prime contractor.

(ii) CONTENTS.—A prime contractor shall include the reason for the reduction in a payment to or failure to pay a subcontractor in any notice made under clause (i).

C.2 52.203-19 – Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements

(JAN 2017)

(a) Definitions. As used in this clause--

“Internal confidentiality agreement or statement” means a confidentiality agreement or any other written statement that the contractor requires any of its employees or subcontractors to sign regarding nondisclosure of contractor information, except that it does not include confidentiality agreements arising out of civil litigation or confidentiality agreements that contractor employees or subcontractors sign at the behest of a Federal agency.

“Subcontract” means any contract as defined in subpart 2.1 entered into by a subcontractor to furnish supplies or services for performance of a prime contract or a subcontract. It includes but is not limited to purchase orders, and changes and modifications to purchase orders.

“Subcontractor” means any supplier, distributor, vendor, or firm (including a consultant) that furnishes supplies or services to or for a prime contractor or another subcontractor.

(b) The Contractor shall not require its employees or subcontractors to sign or comply with internal confidentiality agreements or statements prohibiting or otherwise restricting such employees or subcontractors from lawfully reporting waste, fraud, or abuse related to the performance of a Government contract to a designated investigative or law enforcement representative of a Federal department or agency authorized to receive such information (e.g., agency Office of the Inspector General).

(c) The Contractor shall notify current employees and subcontractors that prohibitions and restrictions of any preexisting internal confidentiality agreements or statements covered by this clause, to the extent that such prohibitions and restrictions are inconsistent with the prohibitions of this clause, are no longer in effect.

(d) The prohibition in paragraph (b) of this clause does not contravene requirements applicable to Standard Form 312 (Classified Information Nondisclosure Agreement), Form 4414 (Sensitive Compartmented Information Nondisclosure Agreement), or any other form issued by a Federal department or agency governing the nondisclosure of classified information.

(e) In accordance with section 743 of Division E, Title VII, of the Consolidated and Further Continuing Appropriations Act, 2015, (Pub. L. 113-235), and its successor provisions in subsequent appropriations acts (and as extended in continuing resolutions) use of funds appropriated (or otherwise made available) is prohibited, if the Government determines that the Contractor is not in compliance with the provisions of this clause.

(f) The Contractor shall include the substance of this clause, including this paragraph (f), in subcontracts under such contracts.

(End of clause)

C.3 52.212-4 CONTRACT TERMS AND CONDITIONS-- COMMERCIAL ITEMS (NOV 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 Transfer (EFT). If the Government makes payment by EFT, see 52.212-5(b) for the appropriate EFT clause.

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

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

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

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

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

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

(D) Contractor point of contact.

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

(6) Interest.

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

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

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

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

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

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

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

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

(A) The date fixed under this contract.

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

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

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

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

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

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

(j) Risk of loss.