36C78619Q0039.docx

36C78619Q0039 X

VOSB

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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

36C78619Q0039 1-2-2019 Katherine Iacovelli 540-658-7231 2-15-2019 noon 43C1 Department of Veterans Affairs NCA Contracting Service 75 Barrett Heights Rd., Suite 309 Stafford, VA 22556 X X 561730 $7.5 Million X N/A X Ft Custer National Cemetery 15501 Dickman Road Augusta, MI 49012 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 Ft Custer needs only trimming and edging services Base + 4 Options Only one site visit: January 23 at 9am local There will be no one to give tours at any other time.

Questions due by February at noon to katherine.iacovelli@va.gov Proposals to be submitted through the Vendor Portal This is a tiered solicitation for VOSB and SB.

PLEASE FILL THESE IN:

Email Address:

Best phone number:

DUNS

$0.00 See CONTINUATION Page X X X Mary Accomando Chief of Contracting Table of Contents

SECTION B - CONTINUATION OF SF 1449 BLOCKS

B.1 CONTRACT ADMINISTRATION DATA

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

a. CONTRACTOR:

b. GOVERNMENT: Contracting Officer 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:

c. Other [X] monthly after acceptance by Government

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/

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

6. CONTENTS OF INVOICE:

1. Contractor Information (Name, Complete Address, Telephone Number, Taxpayer Identification Number)

1. Date of Invoice

1. Date of Period of Invoice Performance

1. Invoice Number

1. Obligation/Invoice Number (Only one purchase order may be included on each invoice submitted)

1. Cemetery Name

1. Unit Cost

1. Total Invoice Amount

1. Service/Item(s) provided

7. SOLICITATIONS:

Failure to submit all required documentation as required may result in your submission being determined non-responsive and removed from further consideration.

8. 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 1442, Solicitation / Contract / Order for Commercial Items.

9. TIME OF DELIVERY:

Work is to be performed Monday through Friday, 8:00 a.m. – 4:30 p.m., except Federal Holidays and except as defined in Block 8 of the SF 1449.

10. POST AWARD CONFERENCE:

Prior to commencement of work, contract awardee and a representative of all subcontractors are required to attend a post award conference with Contracting Officer’s Representative and Contracting Officer/Specialist to assure that all parties understand all contractual obligations and the role that each party serves.

11. GOVERNMENT HOLIDAYS:

Holidays observed by the Federal Government:

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.

36C78619Q0039

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B.2 PRICE SCHEDULE

Base Year: Date of Award thru September 30, 2018

CLIN

Description:

Est. Qty

Unit Cost

Est cycles

Est Total Cost

Base Year Total Estimated Cost:

Contractors are to fill in their unit cost and multiply it by the estimated quantity and the estimated cycles for the number to fill in under Estimated Total Cost

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

Description:

Est. Qty

Unit Cost

Est cycles

Est Total Cost

Headstones

Option 1 Total Estimated Cost:

Page 1 of

Option Year 2: October 1, 2019 thru September 30, 2020

Description:

Est. Qty

Unit Cost

Est cycles

Est Total Cost

Headstones

Option 2 Total Estimated Cost:

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

Est. Qty

Unit Cost

Est cycles

Est Total Cost

Headstones

Option 3 Total Estimated Cost:

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

Est. Qty

Unit Cost

Est cycles

Est Total Cost

Headstones

Option 4 Total Estimated Cost:

SUMMARY ESTIMATED TOTALS

B.3 GENERAL INFORMATION

1. CEMETERY LOCATION:

Ft. Custer National Cemetery 15501 Dickman Rd.

Augusta, MI 49012

2. SITE VISIT

There will be only one organized site visit. Bidders are highly encouraged to attend the site visit.

Date: January 23, 2019 Time: 9am local Meet: Building 118

If you cannot arrange to be present, but would like to make a visit such visits must be pre-scheduled and arranged by contacting the Ft. Custer National Cemetery office at (269) 731-2338.

However, no one will be available to give you a tour or offer questions.

B.4 TURF MAINTENANCE STATEMENT OF WORK

JOB FOREMAN: A job foreman shall be on site the whole time whenever work is being performed to ensure employees are adequately supervised and proper conduct is maintained. Job foreman shall be fluent in English and the language of the majority of those he is supervising.

PERIOD OF PERFORMANCE: The period of performance of the base contract is from the date of award through September 30, 2018, plus four (4), one-year options, if exercised. If for any reason any deliverable cannot be delivered within the scheduled time frame the Contractor is required to explain why in writing to the Contracting Officer, including a firm commitment of when the work shall be completed. This notice to the Contracting Officer shall cite reasons for the delay, and the impact of the overall project. The Contracting Officer will review the facts and issue a response in accordance with applicable regulations.

Contractor shall be fully staffed as listed in their approved staffing plan with provided proof (if requested) no later than 10 calendar days after start date on the Notice to Proceed. Contractor shall maintain approved level of staffing at all times or shall replace lost staff within 10 calendar days.

WORK HOURS: All work shall be performed between the normal business hours (7:30 a.m. to 4:00 p.m.), Monday through Friday, except for the following 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, and Christmas Day. Exceptions must be approved by the COR.

WORK SCHEDULES, REPORTING AND RECORD KEEPING: (a) The Contractor shall arrange his/her work so as not to interfere with cemetery operations. All work schedules shall be submitted to and approved of by the COR. Whenever nonessential services have been scheduled on the date a holiday occurs, such services shall be performed on the following working day.

(b) Daily Report: The Contractor shall submit a detailed report of completed services each workday to the COR, prior to 3:30 p.m. on the workday in the Cemetery Maintenance Building. The report shall, at a minimum, describe the exact location(s) where services were performed the previous workday, where they will be performed the current workday, the number and types of personnel performing the work, the type of service, quantity of work completed quality control comments, a status report of all major equipment, and any other pertinent information.

EDGING & TRIMMING:

The Contractor shall furnish all labor, supervision, professional expertise, equipment, to meet or exceed NCA requirements of a healthy and aesthetic grounds appearance, in accordance with Contract Specifications, for work activities including: (1) Trimming Headstones and Flat Markers, (2) Trimming broader areas, (3) Flat Marker Edging, and (4) Curb and Sidewalk Edging. All activities shall be performed in accordance with all applicable Federal, State, County, Village, and Township laws, ordinances and regulations including, but not limited to OSHA standards. Any damage to turf, landscaping, sprinkler heads, infrastructure, headstones, etc., by the Contractor shall be reported to the COR immediately and will be repaired or replaced at Contractor's expense, as directed by the COR.

(a) This is a job based service contract requiring past experience in the professional maintenance of turf for cemetery trimming and edging at Ft. Custer National Cemetery, Augusta, MI, hereafter referred to as “Cemetery.”

(b) Work called for under the contract includes Grounds Maintenance Services, all of which are defined later in this statement

The utmost care must be taken to not scratch, chip, or otherwise damage the markers.

All markers must be in a neatly edged condition on Memorial Day.

All grass clippings, soil, and other debris left on the markers from edging shall be blown or swept off immediately (before workers leave the section) following the edging operation.

Contractor will furnish all necessary transportation, equipment, fuels and materials, labor and support services to accomplish provisions of the contract. All equipment, materials, and procedures used under this contract shall be consistent and fully compliant with all Federal, State, and local laws, ordinances and regulations.

Any damage to turf, landscaping, sprinkler heads, infrastructure, headstone markers, etc., by the Contractor shall be reported to the Contracting Officer’s Representative (COR) immediately, and repaired or replaced at Contractor's expense, as directed by the COR.

The Contractor is responsible for knowing and complying with all safety requirements. The Contractor shall be responsible for training and safety precautions as prescribed by OSHA standards regarding safety equipment and devices.

Any spills (particularly fuel or oil) shall be cleaned up immediately and thoroughly, with waste disposed of according to federal, state, and local regulations.

CONTRACTOR SERVICES: The Contractor shall provide the labor, vehicles, equipment, tools, materials, services, and quality control as needed to accomplish the specified work for this contract. Further, the Contractor shall provide the staff, supervision, technical support and personnel to accomplish the work under this contract. The Contractor shall demonstrate a clear understanding of, and the sensitivity to, such environmental issues as ground water contamination, wetlands, etc., and shall be consistent and fully compliant with all applicable Federal, State, County, Village, and Township laws, ordinances and regulations.

GROUNDS MAINTENANCE SERVICE PRIORITIES: All turf grass trimming, and edging work under this contract shall meet NCA National Shrine Commitment Standards and Measures for Visually Prominent Areas and be in accordance with the Cemetery Grounds Management Plan attached in the Solicitation.

TRIMMING: The Contractor will trim all standard turf grass areas that cannot be maintained by traditional mowing equipment. See map in Section D for locations. Grass shall be trimmed at the same height as it is mowed (3 inches) and NO SHORTER, particularly around headstones. Trimming too short (scalping) weakens turfgrass and allows weed growth. Trimming will be accomplished with devices that will cut the grass to the same standard as the mowed areas. Trimming will be accomplished at the same frequency as mowing. Trimming will occur around all individual upright headstones (approximately 380), as well as at all other locations of grass area edges that cannot be maintained at the standard height through use of mowing equipment. (approx 21,000 sq ft) Care should be taken to avoid contact with headstones, monuments, building walls, trees, shrubs, flowers, any other desirable plant materials, etc. or any other structure than can be damaged by contact with the trimming device’s cutting instrument.

Graveside flowers and associated items must be moved and replaced in order to properly trim around each marker (upright and flat).

Headstones and markers to be clean of all debris after trimming is completed. All clippings resulting from the trimming operation will be kept on mowed turf grass areas only. Any clippings deposited on headstones, monuments, sidewalks, or at public visitor areas including the Committal Shelter areas will be removed at same time trimming work is occurring and no later than the end of the day of the occurrence.

FLAT MARKER EDGING: Edging will be conducted in all cemetery sections containing flat markers. These sections comprise approximately 70 acres with a total of approximately 28,000 grave markers. About 850 more markers are added each year.

Contractor operations will be required only during periods when turf is in a growth phase. It is anticipated that all grave markers will be edged about every 2 weeks, but the actual frequency will be determined by the COR and the Contractor will be compensated on a per operation cost basis. Drought, heavy rain or saturated soil conditions may be cause for suspending edging to prevent turf damage at the discretion of the COR. Contractor should contact the COR before edging work during these periods.

The Contractor will maintain a vegetation free edge approximately one-half inch wide and one inch deep around all markers throughout the cemetery to sustain a manicured appearance. Blade type edgers will be used to cleanly edge (vertically trim) around each flat grave marker. After edging no blades of grass or other vegetation will overlap any edge of the marker. In no instance will edging be by means of a horizontal or bevel cut into the adjacent turf.

CURB AND SIDEWALK EDGING: The Contractor will maintain a vegetation free edge approximately one-half inch wide and one inch deep along all curbs and sidewalks throughout the cemetery. This operation should be conducted to maintain the manicured appearance desired. The required operation frequency will be determined by the COR. Remove all grass and debris from all sidewalks, roadways, curbs, and parking areas after completion of each blade edging. Total amount around 7150 ln ft.

INSPECTION OF COMPLETED WORK

The Contractor shall perform a daily inspection for quality and redo any work not conforming to specifications and measures. During this inspection the appearance of the Cemetery will be observed, and any deficiencies noted within the scope of the contract will be corrected. Items that need correcting outside the scope of the contract will be reported to the COR or his/her representative. No completed sections shall be turned over to the COR for inspection until that have been inspected by the Contractor’s Quality Control person.

QUALITY ASSURANCE:

The Government COR will conduct surveillance activities and evaluate the Contractor’s performance to ensure services are received in accordance with requirements set forth in this contract. These surveillance activities will be accomplished in a manner which is timely to ensure no defects are initiated after Contractor has provided the services. The COR will utilize the Contractor’s work schedule, to plan their inspections and surveillance activities. The COR will record inspection and surveillance results which then become the official National Cemetery Administration record of the Contractor’s performance.

REPORTING AND RECORD KEEPING. The Contractor Superintendent or his designee shall provide the COR the following documentation:

a. WEEKLY the Contractor Superintendent shall provide an accurate written report identifying all work that took place within the previous seven calendar days. The contractor shall document services performed, indicate the location where work was to be performed, and provide information to the COR as required. This report shall include the completed Employee Statement of Compliance found in Attachment 5 of Section D for all new employees.

b. SUBMITTALS - The Contractor shall submit the following documents or information in accordance with the table below.

CONTRACTOR’S QUALITY CONTROL PLAN (QCP):

The Contractor shall submit a Quality Control Plan for Contracting Officer and COR acceptance with the proposal to assure the requirements of this contract are provided as specified. Any changes thereafter must also be provided to Contracting Officer and COR for acceptance. The Contracting Officer will review the QCP and list any needed clarifications, and return to Contractor for response, if necessary. The Contractor’s QCP shall include the following or have incorporated into during performance of contract, at a minimum:

CONTRACTOR-FURNISHED ITEMS: The Contractor shall furnish all tools, equipment, and materials required for the performance of this contract.

Items of equipment and materials 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 Federal, State, County, Village, and Township laws, ordinances and regulations, ensuring all motor vehicles meet State inspection, registration and insurance requirements.

Materials and supplies stored and provided by the Contractor shall be consistent and fully compliant with all Federal, State, County, Village, and Township laws, ordinances and regulations. The Contractor shall not store fuel on Cemetery property. The Contractor shall provide to the Government all labels and SDS information for stored materials and supplies on Cemetery property used in the performance of the contract.

The Contractor shall be aware of the requirements needed to perform all work under the contract. If the Contractor’s workforce is unionized, the Contractor will insure that the Union contract between his employees has a no-strike clause to ensure continuance of all work routinely performed under the contract.

SAFETY: Matters related to safety, and any Contractor’s actions, must meet all safety requirements of Great Lakes National Cemetery’s Safety Officer, Department of Veterans Affairs, OSHA, and the State of Michigan. The Contractor is responsible for being familiarized and kept abreast of all safety requirements.

b. The Contractor shall be responsible for training and safety precautions for Contractor employees performing work under these specifications. OSHA standards shall be observed by the Contractor in all work performed. Appropriate safety equipment shall be furnished by the Contractor to Contractor personnel and shall be used as prescribed by OSHA standards, including hard hats, safety shoes, safety glasses, and hearing protection devices. The following OSHA and NFPA standards and codes are to be adhered to:

GOVERNMENT-FURNISHED ITEMS: The Government shall provide maps, drawings, and minimal technical support.

The Government shall provide, in an as-is condition, limited storage area, electricity, and water, if available, at the designated work sites and storage areas to be used solely to meet the contract requirements.

The Contractor shall assume responsibility and accountability of the facility provided for its use and shall take adequate precautions to prevent hazardous product spills, fire hazards, odors, and unsanitary conditions and shall be consistent and fully compliant with all applicable Federal, State, County, Village, and Township law, ordinances and regulations. The Contractor shall obtain the COR written approval before making any modifications or alterations to the facility. Any such modifications or alterations approved by the COR shall be at the Contractor’s expense.

At completion of the contract, the facility shall be returned to the Government in the same condition as received at the expense of the Contractor, except for reasonable wear and tear.

Only Contractor’s equipment, supplies, materials (property) required in performance of this contract shall be stored at the Contractor’s designated storage area at the end of each workday. Contractor shall submit for the COR approval a description list of preventative maintenance repairs that the Contractor may be required to perform on Contractor’s equipment at areas designated by the COR.

More than one Contractor may have access to the COR designated Storage Area. The Government shall not be responsible for any costs, repairs, or replacement of Contractor(s) property that is damaged, stolen or lost.

B.5 CONSEQUENCES OF CONTRACTOR’S FAILURE TO PERFORM REQUIRED SERVICES

The Contractor will 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.

In the case of unperformed work, the Government:

- May, at its option, afford the Contractor an opportunity to perform the unperformed work, at no additional cost to the Government. This performance must take place within a reasonable period subject to the discretion of the COR, but in no event longer than the next workday.

- May, at its option, perform the services by Government personnel or other means. Those services the Government performs will not be allowed to be invoiced by the Contractor.

In the case of unsatisfactory work, the Government:

- Shall deduct from the Contractor’s invoice all amounts associated with such unsatisfactory work at the prices contained in the Schedule or provided by other provisions of the contract; unless the Contractor is afforded an opportunity to re-perform the work as outlined in the next paragraph, and satisfactorily completes the work;

- May, at its option, afford the Contractor the opportunity to re-perform the unsatisfactory work, at no additional cost to the Government, within a reasonable period, subject to the discretion of the COR, but in no event longer than the next workday;

- May, at its option, perform the services by Government personnel or other means.

The Government will additionally issue a Contractor Discrepancy Report with the second incidence.

CONTRACT DISCREPANCY REPORT (CDR)

a. 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.

i. 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.

b. Actions:

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

ii. 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.

iii. When the Contractor is not meeting the acceptable limits of satisfactory performance, a CDR will be issued to the Contractor. The seriousness of the failures should govern whether to issue CDR at the end of the period, or as soon as work performance is less than satisfactory.

iv. 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”.

v. If the Contractor does not achieve satisfactory performance by the end of the next period or agreed suspense date, further actions may be considered, to include a determination on whether continued performance by the contractor is feasible.

vi. When a performance threshold has not been met or Contractor performance has not been accomplished, the COR will initiate and provide the CO a Contract Discrepancy Report (CDR) for issuance to the Contractor. The Contractor shall respond to the CDR IAW instructions provided and return it to the CO within ten (10) calendar days of receipt. The CO will have ten (10) calendar days to respond back to the Contractor with acceptance or rejection of the Contractors’ response to the CDR.

vii. 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.

viii. 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”.

c. Performance Evaluation Meeting:

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

ii. Should the Contractor not concur with the minutes, they will so state their objections in writing to the Contracting Officer, within ten calendar days, and also explain the reasons for non-concurrence. The Contracting Officer will review and consider the reasons submitted for the Contractor's non-concurrence and make a decision to revise or uphold the comments as written. The Contracting Officer will notify the Contractor of the decision in writing within ten calendar days of submission of any objections.

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

v. The CO will be the final arbitrator on all contract issues. Any disputes involving payment must be resolved by the CO.

B.6 STANDARDS OF EMPLOYEE CONDUCT

a. Contractor personnel shall be required to adhere to the following standards of dress and conduct, as briefly mentioned here, while performing work in the National Cemetery. These standards and regulations are enforceable under Title 38, U.S.C., Part I, Chapter 9, Section 5901. Shoes/boots will have no holes or loose soles. Steel-toed shoes or equivalent will be required in accordance with OSHA requirements.

b. Clothing shall be presentable and suitable to the work while maintaining proper appearance and decorum indicative for a National Shrine. Uniform shirts and hats are preferred. Clothing shall be clean and cleanliness and personal hygiene are imperative. T-shirts and/or tank tops as outer garments are prohibited. Protective/safety clothing and shoes shall meet or exceed OSHA and state requirements.

c. Behavior and language must be appropriate, reverent, and respectful at all times.

d. Eating and drinking (except water) is prohibited in the work areas and within sight of a committal shelter during a service.

e. Playing radios and/or electronic games/devices, is not permitted.

f. Use of intoxicating beverages, any tobacco products, and illegal drugs on the Cemetery premises is strictly prohibited.

g. 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.

h. Contractor employees will not be allowed to use cemetery staff or public restrooms. Contractor must provide restroom facilities for their employees and service restroom.

i. Contractor employees may park privately owned vehicles in the area designated for parking by the COR. It is the responsibility of the Contractor to ensure his/her employees park in the appropriate designated areas. The Cemetery will not invalidate or make reimbursement for parking violations of the Contractor’s employees under any conditions. Smoking is prohibited inside any buildings at the Cemetery. 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.

j. All contractor personnel operating motor vehicles on government property must possess a valid state driver’s license.

DAMAGE TO GOVERNMENT PROPERTY

The Contractor shall be responsible for repair or replacement of any contractor-damaged cemetery structure, to include: turf, curb, road pavement, headstones or markers, valve boxes, grid monument control markers, trees, plant beds, etc., which are chipped, marred, damaged and/or ruined at the fault of the Contractor and shall bear all costs associated with replacement and reinstallation. Any such damage shall be brought to the immediate attention of the appointed Contracting Officer’s Representative (COR) prior to repair/replacement/installation.

a. The Contractor shall be responsible for cleaning cemetery structures, headstones, monuments, and roadways that are soiled or stained as a result of Contractor’s performance. The Contractor shall wash-down with water all soiled or stained structures, headstones, and monuments at the end of each workday. Any dirt, debris, or applied products resulting from Contractor activities shall be swept or blown off from roads, walks, and other hardscapes by Contractor personnel before they leave the area. No hazardous chemicals shall be used at any time on Government property. The Contractor shall bear all costs associated with washing and cleaning. Any such washing/cleaning shall be brought to the immediate attention of the COR prior to washing/cleaning.

10. PARKING AND VA REGULATIONS:

Contractor employees may park privately owned vehicles in the area designated for parking by the COR. It is the responsibility of the Contractor to ensure his employees park in the appropriate designated parking areas. The Cemetery will not validate or make reimbursement for parking violations of the Contractor’s employees under any conditions. Smoking is prohibited inside any buildings at the Cemetery. Possession of weapons is prohibited. Enclosed containers, including tool kits, shall be subject to search. Violations of VA regulations may result in citation/summons answerable in the United States (Federal) District Court, or other appropriate jurisdiction/agency.

11. USE OF CEMETERY FACILITIES:

a. The Cemetery shall provide the contractor space for supplies and equipment storage.

b. The Government shall not be responsible for any loss, damage, or theft of Contractor items. Contractor shall be responsible for acceptable standards of housekeeping and custodial maintenance of Cemetery facilities used by Contractor's employees.

c. Electricity and water WILL be furnished by the Government for the Contractor’s use. Phone service will NOT be furnished by the Government for the Contractor’s use.

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SECTION C - CONTRACT CLAUSES

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) 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).

DIGNITY CLAUSE

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.

Contractors cannot walk, stand, lean, sit or jump on headstones or markers. Nor can they drive over them. during performance of this work.

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.

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

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.1 52.212-4 CONTRACT TERMS AND CONDITIONS—COMMERCIAL ITEMS (OCT 2018)

(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 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…