36C78618R0451-001.docx

36C78618R0451

PAGE 1 OF

1. REQUISITI

ON 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

36C78618R0451 08-28-2018 Henry C. Dukes 540-658-7222 09-18 -2018

2:00 PM EST

43C1 Department of Veterans Affairs NCA Contracting Service 75 Barrett Heights Rd. Suite 309 Stafford VA 22556 x x Y 561730 $7.5 Million X N/A X Mobile National Cemetery 1202 Virginia Street Mobile, AL 36604 43C1 Department of Veterans Affairs NCA Contracting Service 75 Barrett Heights Rd. Suite 309 Stafford VA 22556

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

1-877-752-0900 See CONTINUATION Page The Contractor shall provide all labor, material, equipment, Tools and supplies for mowing, headstone cleaning & headstone Edging maintenance services at Mobile National Cemetery.

Ground Maintenance Service will be performed at:

Mobile National Cemetery 1202 Virginia Street Mobile, AL 36604 100% Service Disabled Veteran Owned Small Business Set Aside See Schedule

DUNS #:

Email Address:

See CONTINUATION Page X Henry C. Dukes Contracting Officer Table of Contents

C.4 52.212-4 CONTRACT TERMS AND CONDITIONS—COMMERCIAL ITEMS (JAN 2017) ………………………………………………………………………………………21

C.11 VAAR 852.203-71 DISPLAY OF DEPARTMENT OF VETERAN AFFAIRS HOTLINE POSTER (DEC 1992)…………………………………………………………...Error! Bookmark not defined C.12 VAAR 852.219-10 VA NOTICE OF TOTAL SERVICE-DISABLED VETERAN-OWNED SMALL BUSINESS SET-ASIDE (JUL 2016)(DEVIATION)…………………….31 C.13 VAAR 852.232-72 ELECTRONIC SUBMISSION OF PAYMENT REQUESTS (NOV 2012)……………………………………………………………………………………………...32

C.14 VAAR 852.237-70 CONTRACTOR RESPONSIBILITIES (APR 1984)……………...33

C.15 VAAR 852.246-70 GUARANTEE (JAN 2008)………………………………………...33

C.16 VAAR 852.246-71 INSPECTION (JAN 2008)………………………………………….34

SECTION D - CONTRACT DOCUMENTS, EXHIBITS, OR ATTACHMENTS 35

ATTACHMENT A - WAGE DETERMINATION …………………………………………..36

ATTACHMENT B - SECURITY AND LAW ENFORCEMENT AT VA FACILITIES

ATTACHMENT C - WORK SUMMARY & PROGRESS REPORT ..……………………..54

ATTACHMENT D - PERFORMANCE OF WORK REQUIREMENTS SUMMARY……..56

ATTACHMENT E - QUALITY ASSURANCE SURVEILLANCE PLAN..………………...57

ATTACHMENT F - CONTRACT DISCREPANCY REPORT (CDR)……………………….61

ATTACHMENT G - INITIAL HEADSTONE MARKER RAISE & REALIGN SURVEY..62

ATTACHMENT H - DAILY HEADSTONE MARKER RAISE & REALIGN SURVEY…...63

ATTACHMENT I - CONTRACTOR’S EMPLOYEE STATEMENT OF COMPLIANCE...64

ATTACHMENT J - PAST PERFORMANCE QUESTIONNAIRE…………………………..66

SECTION E - SOLICITATION PROVISIONS 67

E.1 52.212-1 INSTRUCTIONS TO OFFERORS—COMMERCIAL ITEMS (JAN 2017) ADDENDUM TO 52.212-1 INSTRUCTIONS TO OFFERORS--COMMERCIAL ITEMS (FEB2012)……………………………………………………………………………………

E.6 VAAR 852.233-70 PROTEST CONTENT/ALTERNATIVE DISPUTE RESOLUTION (JAN 2008)……………………………………………………………………………………….77

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: Henry C. Dukes Contracting Officer 36C786 Department of Veterans Affairs NCA Contracting Service 75 Barrett Heights Rd. Suite 309 Stafford VA 22556

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

3. INVOICES: Invoices shall be submitted in arrears:

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

http://www.tungsten-network.com/customer -campaigns/veterans-affairs/ ACKNOWLEDGMENT OF AMENDMENTS: The offeror acknowledges receipt of amendments to the Solicitation numbered and dated as follows:

B.1.2 PROPOSALS SUBMISSION:

Proposals will be accepted and considered for award of a firm-fixed price contract. Submitted proposals that do not meet the following instructions may be determined to be nonresponsive and will not be considered for award.

B.1.3 OFFEROR ECMS VENDOR PORTAL REGISTRATION:

All Interested Offerors must be registered with the Department of Veterans Affairs eCMS Vendor Portal at https://www.vendorportal.ecms.va.gov. Offerors who require registration shall proceed to the Vendor Portal’s Login section and shall 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. If an Offeror is still having difficulties in submitting a proposal via the Vendor Portal the Contracting Officer may accept an Offeror’s proposal via email under the following circumstances:

1. Offeror must provide evidence that an email discussions or verbal discussion with the VAAS helpdesk could not resolve registration issues.

1. Proposal submitted must meet the time constraints as set forth in the solicitation.

Proposals submitted via email without set requirements will not be accepted and will be considered to be nonresponsive. Late or incomplete Proposals will also be considered to be nonresponsive.

Proposal Requirements:

1. One (1) properly completed, signed and dated Standard Form 1449 with price/cost schedule.

1. Alternative Payment Protection as stated in FAR 52.228-13 (if applicable).

1. A completed copy of 52.204-8, Representation and Certifications.

1. Technical Proposal shall address evaluation factors and the Scope of Work (SOW).

1. Acknowledgement of any amendments (if applicable).

1. Completed FAR Clause 52.223-3 “Hazardous Material Identification and Material Safety Data” Failure to submit all required documentation may result in your submission being determined technically unacceptable and removed from further consideration.

NCA Purpose /Mission:

The Department of Veterans Affairs, National Cemetery Administration 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, appearance and operational procedures performed by the contractor at this cemetery 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.

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. Contractor personnel should use tools approved by the Contracting Officer Representative (COR), such as shovels, pry bars or pinch bars to lift flat markers out of the ground; pick axes are not an acceptable tool.

B.1.4 QUESTIONS PERTAINING TO THIS SOLICITATION:

Questions pertaining to this solicitation must be sent by e-mail to: Henry.Dukes@va.gov by COB Wednesday, 12 September 2018. Telephone inquiries will not be accepted. Questions received after this date and time will not be considered.

Offerors shall inspect all sites where services are to be performed and to understand all general and local conditions that may affect the cost of contract performance (See Provision 52.237-1 Site Visit). In no event shall failure to inspect constitute grounds for a claim or request for equitable adjustment after contract award. To make arrangements for Site Visits, contact the Contracting Officer Representative (COR): Mr. Larry Robinson at: Larry.Robinson3@va.gov or by Phone: (850) 453-4108.

B.2 LIMITATIONS ON SUBCONTRACTING-- MONITORING AND COMPLIANCE (JUN 2011)

This solicitation includes FAR 52.219-4 Notice of Price Evaluation Preference for Hub Zone Small Business Concerns. Accordingly, any contract resulting from this solicitation will include this clause. The contractor is 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 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 is 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.2.1 SUBCONTRACTING COMMITMENTS--MONITORING AND COMPLIANCE (JUN 2011)

This solicitation includes VAAR 852.215-70, Service-Disabled Veteran-Owned and Veteran-Owned Small Business Evaluation Factors, and VAAR 852.215-71, Evaluation Factor Commitments. Accordingly, any contract resulting from this solicitation will include these clauses. The contractor is advised in performing contract administration functions, the CO may use the services of a support contractor(s) to assist in assessing contractor compliance with the subcontracting commitments incorporated into the contract. To that end, the support contractor(s) may require access to the contractor's business records or other proprietary data to review such business records regarding contract 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 is required to cooperate fully and make available any records as may be required to enable the CO to assess the contractor compliance with the subcontracting commitments.

SPECIAL NOTICE:

THERE WILL BE TWO (2) PRE-BID SITE VISIT: Pre-bid site visit inspection, which are highly recommended, please contact the Contracting Officer’s Representative (COR) to schedule visit for the following dates: To make arrangements for Site Visits, contact the Contracting Officer Representative (COR): Mr. Larry Robinson at: Larry.Robinson3@va.gov or by Phone: (850) 453-4108.

Site Visit Dates:

· Tuesday, 4 September 2018 at 11:00 AM EST

· Wednesday, 5 September 2018 at 11:00 AM EST

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

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).

All Questions pertaining to this solicitation and site visit must be sent by e-mail to: Henry.Dukes@va.gov by COB Wednesday, 12 September 2018. Telephone inquiries will not be accepted. Questions received after this date and time will not be considered.

B.3 SUPPLIES OR SERVICES AND PRICE/COSTS

MOBILE GROUND MAINTENANCE

BASE PERIOD: October 1, 2018 thru September 30, 2019

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

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

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

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

Base Period: October 1, 2018 through September 30, 2019

Option Year 1: October 1, 2019 through September 30, 2020

Option Year 2: October 1, 2020 through September 30, 2021

Option Year 3: October 1, 2021 through September 30, 2022

Option Year 4: October 1, 2022 through September 30, 2023

Option: 6-Month Contract Extension

Total Aggregate Value of Contract

B.3.1 DESCRIPTION/SPECIFICATION/WORK STATEMENT

SOW MOWING, UPRIGHT HEADSTONE/FLAT MARKER STRING TRIMMING, EDGING AND CLEANING MOBILE NATIONAL CEMETERY MOBILE, AL 36604

Scope of Work. Contractor shall provide all labor, material, equipment, tools and supplies for mowing, headstone cleaning and headstone edging maintenance services at Mobile National Cemetery, 1202 Virginia Street, Mobile, AL 36604 following National Cemetery Administration standards. Contract period shall consist of a base period from date of award through four (4) One year options to extend the term of the contract. Units and services shall be in accordance with Statement of Work included. The hours of work at Mobile National Cemetery are 7:00 am - 3:30 pm, Monday thru Friday excluding National Holidays.

1. CLEANING OF HEADSTONES/MARKERS

a. Contractor shall clean/pressure-wash upright headstone/flat marker throughout the cemetery using a pressure washer with at least 800 psi and not to exceed 1000 psi. This job shall be performed 2 times (annually) a year. Cleaning shall be completed as scheduled by the COR in accordance with Cemetery Foreman.

b. Definition of “clean” under this contract means that the upright headstone/flat marker shall contain NO visible discoloration, environmental deposits, mold, mildew, moss, algae, lichen, dirt/mud, grass clippings, grass markings and bird droppings.

c. All temporary markers, floral, commemorative, or other types of decorations (arrangements) placed on the gravesites by loved ones shall be carefully and orderly removed from the gravesite and upon completion of the cleaning of the headstones/markers, placed back on the same gravesite from which they were taken by the contractor.

d. Care shall be taken to protect the turf area from damage. Any turf damage by the contractor shall be restored at Contractor’s expense.

2. STRING TRIMMING/STICK EDGING AROUND UPRIGHT HEADSTONES/FLAT MARKERS

a. All work performed under this section is subject to the General Requirements and contract documents which form a part of these specifications, and the Contractor shall be responsible for and governed by all the requirements there under.

b. NCA Standards and Measurements:

(1) Standard 2.1: Visually prominent areas have a well-established, healthy stand of turf.

(a) Measure 2.1a: Visually prominent areas are generally weed free.

(b) Measure 2.1b: Visually prominent areas with established turf is generally free of bare areas, there shall be no signs of “grass burns” caused by improper use of equipment.

(c) Measure 2.1c: Turf in visually prominent areas is maintained within one inch above the range of that which is professionally recommended for that type and region according to the Cemetery Grounds Management Plan. Optimally, the height is no more than half an inch above that range.

(2) Standard 2.6: Visually prominent areas in the cemetery are properly trimmed and edged.

(a) Measure 2.6a: Headstones show turf trimmed to the recommended mowing height. There shall be no signs of turf being scalped by string trimmers.

(b) Requirement 2.6c: Other features on cemetery grounds are trimmed or edged within appropriate limits.

(3) The Contractor shall be responsible for mowing; edging and trimming all grass within the cemetery as specified by the COR.

c. Equipment:

Commercial grade power trimmers and power edgers will be used to trim grass from around headstones, monuments, markers, etc.

Cutting blades on equipment must be kept sharp so that the grass tips are properly cut – not torn or damaged. Cutting heights of all mowing equipment shall be set according to heights specified below. The height of grass is what is measured to get correct cutting height.

d. General Requirements:

1. Turf shall be cut to maintain heights as set forth below:

Cutting Height, Inches Turf Grass Species 2 ½ - 3 Saint Augustine

2. Edging: All streets, curbs, walkways, tree wells and shrub beds shall be edged. COR will conduct random inspections of edging weekly.

3. All un-mowed grass around headstones, monuments, markers, and other vertical surfaces shall be trimmed to keep the grass at the height standard as listed above.

4. Grass clippings/stains will be removed from headstone bases after trimming is completed.

5. Trimmers will be kept level to prevent scalping between and around headstones.

6. The walkways, flagpole bases, internment area, and roads will be cleaned up of grass clippings and leaves after weed eating, edging and trimming.

7. Any damage to headstones, cemetery fixtures, grounds or equipment during grounds maintenance operations must be reported to the COR immediately.

8. Extra care should be exercised in trimming operations when visitors are in the vicinity of operations.

3. Mowing

a. All work performed under this section is subject to the General Requirements and contract documents which form a part of these specifications, and the Contractor shall be responsible for and governed by all the requirements there under.

b. NCA Standards and Measurements:

(1) Standard 2.1: Visually prominent areas have a well-established, healthy stand of turf.

(a) Measure 2.1a: Visually prominent areas are generally weed free.

(b) Measure 2.1b: Visually prominent areas with established turf is generally free of bare areas, there shall be no signs of “grass burns” caused by improper use of equipment.

(c) Measure 2.1c: Turf in visually prominent areas is maintained within one inch above the range of that which is professionally recommended for that type and region according to the Cemetery Grounds Management Plan. Optimally, the height is no more than half an inch above that range.

(2) Standard 2.6: Visually prominent areas in the cemetery are properly mowed, trimmed and edged.

(a) Measure 2.6a: Headstones show turf trimmed to the recommended mowing height. There shall be no signs of turf being scalped by mowers or string trimmers.

(b) Requirement 2.6c: Other features on cemetery grounds are mowed, trimmed or edged within appropriate limits.

(3) The Contractor shall be responsible for mowing; edging and trimming all grass within the cemetery as specified by the COR.

c. Equipment:

Commercial grade mowers power trimmers and power edgers will be used to mow and trim grass from around headstones, monuments, markers, etc.

Cutting blades on equipment must be kept sharp so that the grass tips are properly cut – not torn or damaged. Cutting heights of all mowing equipment shall be set according to heights specified below. The height of grass is what is measured to get correct cutting height.

d. General Requirements:

1. Turf shall be cut to maintain heights as set forth below:

Cutting Height, Inches Turf Grass Species, 3” St. Augustine

2. All un-mowed grass around headstones, monuments, markers, and other vertical surfaces shall be trimmed to keep the grass at the height standard as listed above.

3. Grass clippings/stains will be removed from headstone bases after mowing and trimming is completed.

4. Riding mowers may be used provided that they are not operated within six (3) inches of headstones, markers, monuments, tree trunks or other vertical surfaces. Mowers decks will be kept level to prevent scalping in all turf areas including between and around headstones.

5. The walkways, flagpole bases, internment area, and roads will be cleaned up of grass clippings and leaves after mowing, weed eating, edging and trimming.

6. Any damage to headstones, cemetery fixtures, grounds or equipment during grounds maintenance operations must be reported to the COR immediately.

7. Extra care should be exercised in mowing and trimming operations when visitors are in the vicinity of operations.

8. The Contractor shall be responsible for mowing, edging and trimming all grass within the cemetery and outside perimeter enclosure walls as specified by the Contracting Officer's Representative (COR). This encompasses approximately 110 acres.

3. STANDARDS OF EMPLOYEE CONDUCT:

(a) Contractor and Contractor 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, U.S.C., Part I, Chapter 9, Section 901.

1. Be fully clothed in approved uniforms at all times, to include long slacks or pants and shirt with company name or logo, buttoned up from neck to waist. If a hat if worn it will be plain single color to match uniforms or contain company name and/or logo. Clothing shall be clean each day. Any soiled clothing should be cemetery work-related that day. T-shirts and/or tank tops as outer garments are prohibited. Shoes/boots shall have no holes or loose soles. Steel-toed shoes/boots and appropriate Personnel Protective Equipment (PPE) shall be required in accordance with OSHA requirements. Contractor employees shall maintain personal hygiene.

2. Contractor personnel shall not engage in loud or boisterous behavior or use profane or abusive language. Contractor personnel shall show proper reverence during committal services. At no time will recreational activity be permitted on cemetery grounds.

3. Contractor personnel shall not eat or drink beverages except water or non-alcoholic drinks while in work area or in site of committal shelter during a service. Use of intoxicating beverages and/or drugs is strictly prohibited.

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

5. Smoking should only be in designated area and not occurring while work is being performed. Vaping or other tobacco product use is also restricted to smoking policy.

4. PARKING AND VA REGULATIONS:

It is the responsibility of the Contractor to ensure his employees park in the appropriate designated parking areas. At no time will the turf areas be used for parking. The Cemetery will not invalidate or make reimbursement for parking violations of the Contractor’s employees under any conditions. Contractor employees may park privately owned vehicles in the area designated for parking by the COR.

Possession of weapons is 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.

5. USE OF CEMETERY FACILITIES:

(a) The Government shall not be responsible for any loss, damage, or theft of Contractor items, nor shall 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 Contractor's employees.

(c) The Government may furnish a space 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.

36C78618R0451

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SECTION C - CONTRACT CLAUSES

C.1 52.219-14 LIMITATIONS ON SUBCONTRACTING (JAN 2017)

(a) This clause does not apply to the unrestricted portion of a partial set-aside.

(b) Applicability. This clause applies only to—

(1) Contracts that have been set aside or reserved for small business concerns or 8(a) participants;

(2) Part or parts of a multiple-award contract that have been set aside for small business concerns or 8(a) participants; and

(3) Orders set aside for small business or 8(a) participants under multiple-award contracts as described in 8.405-5 and 16.505(b)(2)(i)(F).

(c) By submission of an offer and execution of a contract, the Offeror/Contractor agrees that in performance of the contract in the case of a contract for—

(1) Services (except construction). At least 50 percent of the cost of contract performance incurred for personnel shall be expended for employees of the concern.

(2) Supplies (other than procurement from a nonmanufacturer of such supplies). The concern shall perform work for at least 50 percent of the cost of manufacturing the supplies, not including the cost of materials.

(3) General construction. The concern will perform at least 15 percent of the cost of the contract, not including the cost of materials, with its own employees.

(4) Construction by special trade contractors. The concern will perform at least 25 percent of the cost of the contract, not including the cost of materials, with its own employees.

(End of Clause) C.2 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 subcontractor is 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) (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.3 DIGNITY CLAUSE FOR NCA CONTRACTS

1. Every action by contractor personnel at a National Cemetery must be performed with the special care, reverence, dignity, and respect that acknowledge the cemetery as the final resting place that commemorates the service and sacrifice those 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.

a. Contractors cannot walk, stand, lean, sit or jump on headstones or markers. Nor can they drive over them. Contractor personnel should use tools approved by the Contracting Officer Representative (COR), such as shovels, pry bars or pinch bars to lift flat markers out of the ground; pick axes are not an acceptable tool.

b. No tools, equipment or other items will be placed or leaned on headstones or markers. Once headstones/markers are removed from the socket, do not place on dirt piles or mud; they should be carefully placed on each associated gravesite and protected in such a way as to prevent any soiling and be out of the way of any other work.

c. Headstones shall be removed from their sockets using wooden and/or metal clamps. If metal clamps are used, the area that contacts the headstone must be protected with a rigid fabric that will prevent damage to and marking of the headstone. Clamps may be attached to a skid steer loader (i.e., Bobcat®) or similar machine to extract the headstone from the socket. When headstones are removed from their sockets, they shall be carefully stored on each associated gravesite; do not lean headstones against each other. Use care not to scratch or damage headstones in any manner. The headstones shall be laid with front inscription side up while the headstone is lying horizontally on the ground. The headstone shall be protected from direct ground contact while lying horizontally. The protection method shall be as approved by the COR and shall be free of deterioration in weather. An approved method is to support each headstone with two wood 4X4’s. Alternate methods can be approved. Cardboard shall not be used. Wood or other suitable appropriate and attractive material shall be used to keep the headstones from contact with the soil while lying horizontally during the construction period. This also shows respect towards the families visiting the gravesites and the remains that are buried.

d. Contractor shall be responsible for replacing damaged headstones and markers and for restoring turf damaged during performance of this work.

e. Additionally, should any activity result in the exposure and/or damage to any remains, container for remains (i.e., casket or urn), or outer burial container, the Contractor must contact the COR, Director/Assistant Director, and Contracting Officer (CO) for guidance.

2. Any doubts as to proper procedures shall be brought to the attention of the COR, Director/Assistant Director, and CO for guidance or resolution.

3. The Contractor is required to discuss the guidance with their employees and have each employee sign a statement of compliance and deliver the signed statement to the COR before work may begin.

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

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

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

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

(b) Assignment. The Contractor or its assignee may assign its rights to receive payment due as a result of performance of this contract to a bank, trust company, or other financing institution, including any Federal lending agency in accordance with the Assignment of Claims Act (31 U.S.C. 3727). However, when a third party makes payment (e.g., use of the Governmentwide commercial purchase card), the Contractor may not assign its rights to receive payment under this contract.

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

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

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

(f) Excusable delays. The Contractor shall be liable for default unless nonperformance is caused by an occurrence beyond the reasonable control of the Contractor and without its fault or negligence such as, acts of God or the public enemy, acts of the Government in either its sovereign or contractual capacity, fires, floods, epidemics, quarantine restrictions, strikes, unusually severe weather, and delays of common carriers. The Contractor shall notify the Contracting Officer in writing as soon as it is reasonably possible after the commencement of any excusable delay, setting forth the full particulars in connection therewith, shall remedy such occurrence with all reasonable dispatch, and shall promptly give written notice to the Contracting Officer of the cessation of such occurrence.

(g) Invoice.

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

(i) Name and address of the Contractor;

(ii) Invoice date and number;

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

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

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

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

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

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

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

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

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

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

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

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

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

(i) Payment.—

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

(2) Prompt payment. The Government will make payment in accordance with the Prompt Payment Act (31 U.S.C. 3903) and prompt payment regulations at 5 CFR part 1315.

(3) Electronic Funds Transfer (EFT). If the Government makes payment by EFT, see 52.212-5(b) for the appropriate EFT clause.

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

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

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

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

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

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

(D) Contractor point of contact.

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

(6) Interest.

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

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

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

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

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

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

(iv) If a demand for payment was previously issued for the debt, the demand for payment included in the final…