36C78619Q0134-001.pdf

PAGE 1 OF 1. REQUISITION NO.

2. CONTRACT NO. 3. AWARD/EFFECTIVE DATE 4. ORDER NO. 5. SOLICITATION NUMBER 6. SOLICITATION ISSUE DATE

a. NAME b. TELEPHONE NO. (No Collect Calls) 8. OFFER DUE DATE/LOCAL

TIME

9. ISSUED BY CODE 10. THIS ACQUISITION IS UNRESTRICTED OR SET ASIDE: % FOR:

SMALL BUSINESS

HUBZONE SMALL

BUSINESS

SERVICE-DISABLED

VETERAN-OWNED

SMALL BUSINESS

WOMEN-OWNED SMALL BUSINESS

(WOSB) ELIGIBLE UNDER THE WOMEN-OWNED

SMALL BUSINESS PROGRAM

EDWOSB

8(A)

NAICS:

SIZE STANDARD:

11. DELIVERY FOR FOB DESTINA-

TION UNLESS BLOCK IS

MARKED

SEE SCHEDULE

12. DISCOUNT TERMS

13a. THIS CONTRACT IS A

RATED ORDER UNDER

DPAS (15 CFR 700)

13b. RATING

14. METHOD OF SOLICITATION

RFQ IFB RFP

15. DELIVER TO CODE 16. ADMINISTERED BY CODE

17a. CONTRACTOR/OFFEROR CODE FACILITY CODE 18a. PAYMENT WILL BE MADE BY CODE

TELEPHONE NO. DUNS: DUNS+4:

PHONE: FAX:

17b. CHECK IF REMITTANCE IS DIFFERENT AND PUT SUCH ADDRESS IN OFFER

18b. SUBMIT INVOICES TO ADDRESS SHOWN IN BLOCK 18a UNLESS BLOCK BELOW IS CHECKED

SEE ADDENDUM

19. 20. 21. 22. 23. 24.

ITEM NO. SCHEDULE OF SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

(Use Reverse and/or Attach Additional Sheets as Necessary)

25. ACCOUNTING AND APPROPRIATION DATA 26. TOTAL AWARD AMOUNT (For Govt. Use Only)

27a. SOLICITATION INCORPORATES BY REFERENCE FAR 52.212-1, 52.212-4. FAR 52.212-3 AND 52.212-5 ARE ATTACHED. ADDENDA ARE ARE NOT ATTACHED.

27b. CONTRACT/PURCHASE ORDER INCORPORATES BY REFERENCE FAR 52.212-4. FAR 52.212-5 IS ATTACHED. ADDENDA ARE ARE NOT ATTACHED

28. CONTRACTOR IS REQUIRED TO SIGN THIS DOCUMENT AND RETURN _______________ 29. AWARD OF CONTRACT: REF. ___________________________________ OFFER

COPIES TO ISSUING OFFICE. CONTRACTOR AGREES TO FURNISH AND DATED ________________________________. YOUR OFFER ON SOLICITATION

DELIVER ALL ITEMS SET FORTH OR OTHERWISE IDENTIFIED ABOVE AND ON ANY (BLOCK 5), INCLUDING ANY ADDITIONS OR CHANGES WHICH ARE

ADDITIONAL SHEETS SUBJECT TO THE TERMS AND CONDITIONS SPECIFIED SET FORTH HEREIN IS ACCEPTED AS TO ITEMS:

30a. SIGNATURE OF OFFEROR/CONTRACTOR 31a. UNITED STATES OF AMERICA (SIGNATURE OF CONTRACTING OFFICER)

30b. NAME AND TITLE OF SIGNER (TYPE OR PRINT) 30c. DATE SIGNED 31b. NAME OF CONTRACTING OFFICER (TYPE OR PRINT) 31c. DATE SIGNED

AUTHORIZED FOR LOCAL REPRODUCTION (REV. 2/2012)

PREVIOUS EDITION IS NOT USABLE Prescribed by GSA - FAR (48 CFR) 53.212

7. FOR SOLICITATION

INFORMATION CALL:

STANDARD FORM 1449

OFFEROR TO COMPLETE BLOCKS 12, 17, 23, 24, & 30

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS 69

36C78619Q0134 01-28-2019

Max Andrade 540-658-7221 02-08-2019

43C1

Department of Veterans Affairs

NCA Contracting Service

75 Barrett Heights Rd. Suite 309

Stafford VA 22556

X 100

X

561730

$7.5 Million

X

N/A

X

Department of Veterans Affairs

Fort Mitchell Cemetery

553 Highway 165

Fort Mitchell AL 36856

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/

SEE VAAR 852.232-72 ELECTRONIC

SUBMISSION OF PAYMENT REQUESTS

1-877-752-0900

See CONTINUATION Page

This procurement is being made under FAR Part 13

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

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

Management Services for the Fort Mitchell National Cemetery as specified in the solicitation and attachments.

Faxed and emailed offers will not be accepted

All quotes must be submitted through the Department of

Veterans Affairs Electronic Management System (eCMS) Vendor

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

CONTRACTOR DUNS NO. ________________________________________

CONTRACTOR EMAIL ADDRESS:___________________________________

CONTRACTOR PHONE NUMBER:____________________________________

See CONTINUATION Page

X X

X 1

36C78619Q0134

Table of Contents

SECTION A

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

SECTION B - CONTINUATION OF SF 1449 BLOCKS

B.1 CONTRACT ADMINISTRATION DATA

B.2 PERFORMANCE WORK STATEMENT

B.2.1 BACKGROUND DESCRIPTION

B.2.2 CONTRACT TYPE SPECIFICS

B.2.3 PERFORMANCE WORK STATEMENT

B.2.4 PERFORMANCE PLAN

B.2.5 CONTRACT MANAGEMENT and PLACEMENT OF ORDERS

B.2.6 PERFORMANCE EVALUTION MEETING

B.2.7 DISCREPANCY ACTIONS

B.2.8 PERFORMANCE OF WORK REQUIREMENTS SUMMARY

B.2.9 QUALITY ASSURANCE SURVEILLANCE PLAN

B.3 SUPPLIES OR SERVICES & PRICES / COSTS

SECTION C - CONTRACT CLAUSES

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

2018)

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

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

STATUTES OR EXECUTIVE ORDERS—COMMERCIAL ITEMS (OCT 2018)

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

CERTAIN INTERNAL CONFIDENTIALITY AGREEMENTS (DEVIATION) (FEB 2015) ... 34

C.5 52.216-18 ORDERING (OCT 1995)

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

C.7 52.216-21 REQUIREMENTS (OCT 1995)

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

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

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

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

DATA (JAN 1997)

C.12 52.228-5 INSURANCE—WORK ON A GOVERNMENT INSTALLATION (JAN 1997)38

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

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

C.15 SUPPLEMENTAL INSURANCE REQUIREMENTS

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

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

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

2018)

SECTION D - CONTRACT DOCUMENTS, EXHIBITS, OR ATTACHMENTS

SECTION E - SOLICITATION PROVISIONS

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

1998)

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

CERTAIN INTERNAL CONFIDENTIALITY AGREEMENTS—REPRESENTATION

(DEVIATION) (FEB 2015)

E.3 52.212-1 INSTRUCTIONS TO OFFERORS—COMMERCIAL ITEMS (OCT 2018)

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

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

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

ITEMS (OCT 2018)

E.6 52.209-5 CERTIFICATION REGARDING RESPONSIBILITY MATTERS (OCT 2018) 65

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

LIABILITY OR A FELONY CONVICTION UNDER ANY FEDERAL LAW

(DEVIATION)(MAR 2012)

E.8 52.209-7 INFORMATION REGARDING RESPONSIBILITY MATTERS (OCT 2018)

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

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

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

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

(SEP 2018)

E.13 VAAR 852.233-71 ALTERNATE PROTEST PROCEDURE (SEP 2018)

E.14 VAAR 852.270-1 REPRESENTATIVES OF CONTRACTING OFFICERS (JAN 2008) 69

SECTION B - CONTINUATION OF SF 1449 BLOCKS

B.1 CONTRACT ADMINISTRATION DATA

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

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

a. CONTRACTOR:

b. GOVERNMENT: Contracting Officer – Mr. Max Andrade

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:

[X] 52.232-34, Payment by Electronic Funds Transfer—Other Than System For Award

Management, or

[] 52.232-36, Payment by Third Party

3. INVOICES: Invoices shall be submitted in arrears:

a. Quarterly []

b. Semi-Annually []

c. Other [X] monthly/periodic, after government acceptance

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

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

Solicitation numbered and dated as follows:

AMENDMENT NO DATE

5. MISSING PAGES, LOST OR MISSING QUOTES

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

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

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

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

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

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

6. GOVERNMENT HOLIDAYS

Holidays observed by the Federal Government:

New Year's Day 1 January

Martin Luther King's Birthday Third Monday in January

President's Day Third Monday in February

Memorial Day Last Monday in May

Independence Day 4 July

Labor Day First Monday in September

Columbus Day Second Monday in October

Veterans Day 11 November

Thanksgiving Day 4th Thursday in November

Christmas Day 25 December

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

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

7. NOTICE TO PROSPECTIVE OFFERORS

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

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

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

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

Aside.)

Questions pertaining to this solicitation must be sent by e-mail to: max.andrade@va.gov no later than 08:00 AM ET, February 4, 2019. Telephone inquiries will not be accepted. Questions received after this date and time will not be considered.

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

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

In no event shall failure to inspect constitute grounds for a claim or request for equitable adjustment after contract award. To make arrangements for site visits, contact the following cemetery Point of Contact: Mr. Todd Newkirk, Assistant Cemetery Director, Phone number: 334-

855-4731.

B.2 PERFORMANCE WORK STATEMENT

B.2.1 BACKGROUND DESCRIPTION

The contractor shall provide all personnel, equipment, tools, supervision, and other items and services necessary to ensure that complete Turf Management Services is performed at Fort Mitchell National

Cemetery located at 553 Highway 165, Fort Mitchell, AL 36856. The overall responsibility of the

Contractor is to plan, coordinate, organize, manage, and perform the activities described herein, which are required to maintain an acceptable appearance of the cemetery grounds. The cemetery is approximately

27 total acres.

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

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

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

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

B.2.2 CONTRACT TYPE SPECIFICS

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

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

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

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

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

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

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

B.2.3 PERFORMANCE WORK STATEMENT

1. BACKGROUND

The contractor shall provide all supervision, labor, equipment, tools, and supplies necessary to: (1) provide herbicide and fertilization, (2) provide other turf maintenance to include disease control (turf pathogen) and other pest control for Fort Mitchell National Cemetery located at:

Fort Mitchell National Cemetery

553 Highway 165

Fort Mitchell, AL 36856

Contractor shall be responsible for maintaining the established turf area of the cemetery in a healthy condition by proper application of fertilizers, chemicals (to control weeds, insect pest-fire ants, disease and etc.) and to include lime (if soil tests indicate it as needed). Approximately 27.0 acres of turf will be treated. This shall include all lawn areas within the cemetery enclosure which will be all burial sections as well as all non-burial areas. All turf within the fenced and brick wall perimeter of the cemetery will be treated. Cemetery management will provide the contractor a map showing this area.

2. PROGRAM OBJECTIVES:

The successful Contractor shall be responsible for full management of the cemetery turf management services described herein. The Government's objectives are described in the NCA Agronomic

Information Sheets provided as Attachments to this solicitation. The Attachments attached to this solicitation serves as Guides or References (if/as needed) but the contractor shall develop a

Performance Plan that contains solutions to accomplish the same objectives as stated in the NCA

Information Sheets as they are applicable to the services required in the schedule. The Contractor shall use whatever method he/she chooses to meet the objectives, (i.e. performance schedule), if the result satisfies the minimum acceptable levels of performance.

3. PROGRAM REQUIREMENTS

1. Lawn Maintenance: Fertilizing, Herbicides and Other Pest Control

(a) Inspection to determine type of weed control management that is required and that is appropriate.

(b) Herbicide control shall include, but it is not limited to the following weeds: Dandelion, Chickweed, Knotweed, Purslane, Plantain, Clover, Ground Ivy, Violets, Onions, Crabgrass and any other Broadleaf, Stubborn, or Grassy weeds found during inspections.

(c) Contractor to perform evaluation of weed control measures through follow-up inspections.

Actively growing weeds present two weeks post application will be retreated at contractor’s expense. The contractor will respond with a corrective action plan within 3 days of notification by the Contracting Officer’s Representative (COR) of any unsatisfactory results from weed control application. Unless precluded by inclement weather, the corrective action plan will be completed within 7 days following plan submission.

(d) Chemicals used for this contract shall be safe for use around cemetery employees and the general public as well as labeled for Alabama.

(e) The contractor shall be responsible for taking all precautions to prevent damage to the cemetery in any manner, including headstones, markers, monuments, flower beds, trees and other structures during application operations.

(f) Fertilizer: shall be applied based on the results and recommendations of a soil test for each section. The soil test will be conducted by Cemetery Personnel with copies going to the

Contractor. A complete fertilizer will be applied 4 times each year (as ordered), unless local practice indicates a more favorable time. Only 40% slow release shall be used.

(g) Lime: When soil tests indicate a need for lime, it shall be applied at the rate indicated in those tests. Time of application shall be in late fall or early winter, unless local practice indicates more favorable time.

(h) Weed and Insect Control: All weed growth and insect shall be controlled by means of spray/granular broadcast or any other method approved by the Director/COR. All personnel using such sprays shall be properly trained and the person in charge shall be duly licensed by the

State of Alabama to use pesticides. Treatment for weeds will be accomplished to maximize herbicide effectiveness.

(i) Control of Fire Ants and other Pest: Contractor shall apply necessary chemical applications to control fire ants and/or other pest.

(j) Control of Crabgrass: The entire established turf areas will be treated with sufficient amount of pre-emergence to prevent germination of crabgrass.

(k) Contractor will notify the Director, Fort Mitchell National Cemetery, 48 hours prior to any of the above applications. This is to ensure that coordination can be made so that the treatments do not conflict with any interment or cemetery maintenance activity.

2. Projected Applications

The following applications will be projected to be ordered during each contract period of performance year.

(a) Late Fall (mid-November – after Veterans Day) – Applications of Broadleaf weed control.

(b) Early Spring (late February/early March – after soil temperature exceeds 50-55 degrees for 3-4 consecutive days) – Applications of Pre-emergent weed control, broadleaf weed control, and fertilizer.

(c) Late Spring (mid-April) – Applications of Post-emergent weed control, broadleaf weed control and fertilizer.

(d) Summer (early June) – Application of Post-emergent weed control and fertilizer.

(e) Late summer (mid-July) – Broadleaf weed control.

(f) Early Fall (mid to late September) – Applications of Broadleaf weed control, fertilizer, and winter pre-emergent weed control.

**Application for pests (fire ants, army worms, grubs and other pest.

**Additional application may be ordered as needed.

4. WORK SCHEDULE

a. Work shall be performed between the hours of 8:00 a.m. to 4:30 p.m., Monday through Friday unless otherwise directed by the COR/Alternate COR. The Government shall not compensate the Contractor for any alternate work schedules needed for the Contractor to complete contract requirements. Notwithstanding, if any work under this contract will be required outside of the cemetery’s normal working hours (8:00 a.m. to 4:30 p.m. Monday through Friday), the

Contractor shall request for a deviation in writing to the COR/Alternate COR at a minimum three working days in advance. The COR/Alternate COR will notify the appropriate individuals regarding Contractor's request and anticipated schedule and will provide written approval or disapproval to the Contractor.

b. FEDERAL HOLIDAYS

a. New Year’s Day (January)

b. Martin Luther King’s Birthday (January)

c. President’s Day (February)

d. Memorial Day (May)

e. Fourth of July (July)

f. Labor Day (September)

g. Columbus Day (October)

h. Veterans Day (November)

i. Thanksgiving Day (November)

j. Christmas Day (December)

c. In the event climate or weather conditions become unsuitable for work or may induce an environmental hazard, the entire work shall be rescheduled to a date and time satisfactory to the contractor and Cemetery Management. Postponement due to climate or weather conditions will not be cause for penalties to the contractor nor additional costs to the government.

5. OTHER REQUIREMENTS

(a) All work to be accomplished in accordance with guidelines established by Federal, State and local ordinances, and the Contractor's procedure manual and quality control manual. Contractor shall conform to all regulations for examining and licensing of herbicide control operators, performance of herbicide control; use of approved herbicide control fertilization while working at Fort Mitchell National Cemetery. All herbicide management service shall be accomplished to meet the guidelines as shown in the National Herbicide Control Association's good practice.

(b) Contractor to furnish the contracting officer and Cemetery Management a copy of Certification of Herbicide/Fertilization applicator operator prior to performing tasks at the Fort Mitchell

National Cemetery complex.

(c) Disposal of Hazardous Wastes: The contractor shall not dispose of any excess herbicide containers or other materials contaminated by herbicides at any location on the cemetery premises except as authorized by the Cemetery Director.

(d) No weed control or equipment shall be stored or kept at the cemetery when the contractor’s operator is not working without written approval of the Cemetery Director.

(e) The contractor shall phase all work in such a manner as not to impact on or interfere with cemetery operations. Contractor shall cease work within 100 yards of any committal service in progress while performing under the contract. The COR may direct and arrange the contractor’s performance in specific areas of the cemetery to coordinate with the cemetery’s mowing operations and/or committal services. The contractor will advise the foreman of work accomplished at the end of each work day and coordinate the following day’s schedule of trimming.

(f) A list of scheduled ceremonies will be provided the week prior to the event, and a list of scheduled funerals will be provided the day prior to the service. The Contractor is solely responsible for ensuring that no contract work causes any funeral, ceremony, procession or visitation to be delayed, altered, or otherwise impacted in such a way that the dignity or security of the event is compromised. The Contractor is solely responsible for staying abreast of all such upcoming events and when in doubt, he/she must ask the COR and/or Project

Manager. The Contractor shall meet with the COR and/or Project Manager at the end of each day to determine work completed and ensure that work is on schedule.

(g) Required Contractor Reporting and Documents:

a. The contractor shall be responsible for supplying, completing and submitting all reports required or requested by Federal, State and/or local ordinances which pertain to any duties in the contract.

b. The contractor shall be required to furnish to Cemetery Management, prior to applications of herbicides and fertilizers, the trade names (if any), and chemical names of the chemicals and fertilizers proposed for use and label showing the contents, the use strength of the chemical and fertilizers that applies and the antidote thereto. Contractor shall furnish the same information each time the chemicals, fertilizers, or products are used at the Fort Mitchell National Cemetery.

6. CONTRACTOR DUTIES AND RESPONSIBILITIES:

(a) Contractor(s) shall provide a “Site Manager” (Supervisor, Foreman, or Work Leader) to be at the work site whenever work is being performed. The contractor shall furnish a copy of the specifications contained in this contract to the site manager to ensure complete familiarity with the requirements stated herein. The “Site Manager” will ensure all specifications are being met, ensure contract work does not conflict with ceremonies and funerals, and ensure employees are adequately supervised and proper conduct is maintained. At all times when any performance of the work at the site is being conducted by any employee of the Contractor or his subcontractors, the Contractor shall always have the “Site Manager” present who has the capability of receiving instructions in the English language, fluently speaking the English language, and explaining the work operations to persons performing the work in the language that those performing the work are capable of understanding.

a. Site Manager: A “Site Manager” shall be provided by the Contractor for not less than eight (8) hours a day whenever work is being performed - other than trash and debris pick-up. The “Site Manager” must have not less than five (5) years’ experience as a direct supervisor of employees supervising and performing all tasks set forth in the scope of work and provide a statement of qualifications with the proposal.

b. The “Site Manager” will ensure all specifications are being met, ensure contract work does not conflict with ceremonies and funerals, and ensure employees are adequately supervised and proper conduct is maintained.

(b) 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 to protect vegetation, as appropriate, in the immediate work area(s) which includes ensuring work vehicles/equipment are thoroughly cleaned prior to commencement of any work.

(c) The contractor shall be liable for any damage to headstones, markers, monuments, buildings, trees, shrubs, and any other structures with the cemetery enclosure caused by contractor personnel arising out of or resulting from performance under the contract.

(d) In the absence of the COR and/or Project Manager, the Contractor shall meet with the Alternate

COR and/or Project Manager of this contract. The Contracting Officer’s Representative (COR and/or Project Manager) for this contract shall be _____ at * ; Alternate CORs and/or Project

Manager, ________ and at * .

(*) Phone numbers to be provided upon award of contract.

(e) Contractor Furnished Items:

a. The contractor is responsible for supplying all equipment, personnel, tools, supplies and materials to perform these services.

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

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

City laws, ordinances and regulations.

d. The contractor is responsible for the supply, maintenance and repair of all contractor-owned equipment. This includes, minor maintenance/repair and minor operating parts for equipment such as lubrication, oil changes, spark plugs, gaskets, cotter pins/keys, electric extension cords, etc., to keep all equipment in good operational condition throughout the period of performance of this contract. Repairs to contractor provided equipment, other than repairs that can be completed within one hour, shall not be done on site. The Contractor is to ensure that there are no major fluid leaks that would stain the road or kill or stain the turf. The Contractor is required to clean up any leak stains which may include replacing the turf. Repairs will not be made on site of Contractor employee vehicles.

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

f. When the Contractor requires water and/or electricity to perform these services, the

Contractor shall provide and maintain at his/her expense, the necessary service lines from the Government outlets to the site of work in order to accomplish these services. The

“hook-ups” to the work site may require the Contractor to run electrical cords/hoses.

Contractor should provide their own electrical generator.

g. The contractor is required to dispose of all debris and other waste materials generated by his/her work at a licensed off-site landfill unless otherwise directed by the COR(S). The

Government shall not provide receptacles for disposal of debris as a result of the services provided under this contract

(f) Contractor Conduct:

a. Contractor's employees shall wear all required safety equipment such as, but not limited to, goggles or face shield, hearing protection, hard hats, respirators, if required, and uniforms identifying them as an employee of the contractor. The contractor shall be responsible for training and safety precautions prescribed by OSHA standards.

b. The contractor and contractor's employees shall observe all traffic, parking, directional signs and regulations when using the cemetery roadways. Contractors and contractor employees shall park only on cemetery roads or area as directed by the Cemetery

Director or his/her representative. At no time shall the contractor’s vehicles block any roads within the cemetery enclosure. Vehicles shall never be parked on a gravesite

c. Contractor personnel shall adhere to the following standards of dress, conduct, guidance and training while performing work in the national cemetery. It shall be subject to immediate enforcement action by the contracting officer if these standards are not adhered to during the performance of the contract.

d. Contractor personnel shall be fully clothed at all times, to include upper garment to cover body from the waist to the neck and long pants or slacks. Garments that have a message, slogan or printing of any kind other than the contractor’s business attire are prohibited. If caps are worn, they must be free of any questionable message or design. Other clothing in question shall require Cemetery Management's written approval.

e. Contractor personnel shall not engage in loud or boisterous behavior or use profane or abusive language nor play radios and/or electronic games/devices, smoke or chew tobacco products, except at designated work areas, during the performance of this contract. Due to the sensitive mission of the cemetery, contractor employees may come into daily contact with grieving individuals, therefore contractor employees will exercise and exhibit absolute decorum, courtesy and respect while within the cemetery or at its perimeter or entrances. Inquiries from cemetery visitor shall be politely referred to cemetery staff. Gratuities of any kind are strictly prohibited.

f. Contractor personnel shall consume food and beverages only within areas designated by the COR(s). Use or sale of intoxicating beverages and/or drugs is strictly prohibited.

The cemetery shall provide the contractor and contractor employee's restroom facilities between the hours of 8:00 am - 4:30 pm as designated by the Cemetery Director or COR.

g. Contractor personnel shall take breaks/rest periods and lunch breaks at areas designated by the COR(s), not in the field. The government will provide restroom facilities at areas designated by the COR(s). Misconduct shall form the basis for immediate contract enforcement action, to include immediate removal from the cemetery.

h. 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. The only designated smoking area for the Fort Mitchell National Cemetery will be designated by the COR. All other areas are designated as NO SMOKING.

(g) SAFETY: Any actions of the Contractor, must meet all safety requirements of Fort Mitchell

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

Alabama. It is incumbent upon the Contractor to be familiar with these requirements. Copies of all referenced safety standards may be reviewed by contacting the Fort Mitchell National

Cemetery Safety Officer. "Safety" shall also include the Contractor having a safety representative who maintains regular and routine contact with the Safety Officer of Fort Mitchell

National Cemetery.

B.2.4 PERFORMANCE PLAN

The Contractor shall establish a detailed performance plan focusing on criteria set forth in this contract requirement to maintain healthy turf and professional appearance throughout the overall cemetery location. The performance plan will be submitted with initial quotation submission package.

B.2.5 CONTRACT MANAGEMENT and PLACEMENT OF ORDERS

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

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

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

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

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

(ii) Placing orders for services.

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

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

Officer.

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

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

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

B.2.6 PERFORMANCE EVALUTION MEETING

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

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

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

B.2.7 DISCREPANCY ACTIONS

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

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

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

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

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

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

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

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

B.2.8 PERFORMANCE OF WORK REQUIREMENTS SUMMARY

A. The purpose of this segment is to:

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

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

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

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

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

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

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

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

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

B.2.9 QUALITY ASSURANCE SURVEILLANCE PLAN

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

NOTICE TO CONTRACTORS:

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

ARE FULLY AWARE OF ALL THE ABOVE TERMS AND CONDITIONS REQUIRED FOR

THE PERFORMANCE OF THIS CONTRACT AND ABIDE BY THESE TERMS AND

CONDITIONS DURING THIS PERIOD OF PERFORMANCE

B.3 SUPPLIES OR SERVICES & PRICES / COSTS

Period of Performance: March 1, 2019 through February 28, 2020, with four (4) 1-year

Options, if exercised.

BASE YEAR: March 1, 2019 thru February 28, 2020

CLIN DESCRIPTION

EST

QTY

UNIT

UNIT

PRICE

TOTAL PRICE

APPLY FERTILIZER applications (approximately 27

Acres) 5 Job

APPLY POST EMERGENT Herbicide applications

(approximately 27 Acres) 5 Job

APPLY PRE EMERGENT Herbicide applications

(approximately 27 Acres) 2

Job

0004 APPLY LIME (As indicated in soil test) 1 Job

APPLY PEST CONTROL Blanket Application

(approximately 27 Acres) 1

FIRE ANT CONTROL Spot Application (Up to 100

Mounds) 1

APPLY PEST CONTROL (Grub worms, army worms, etc)

Blanket Application (approximately 27 Acres) 1

Spot Application (Up to 15 Acres) 1

0009 AERATE (approximately 27 Acres) 1 Job

0010 DETHATCH (approximately 27 Acres) 1 Job

BASE YEAR: TOTAL ESTIMATED PRICE:

OPTION YEAR 1: March 1, 2020 thru February 29, 2021

EST

QTY

UNIT

UNIT

PRICE

TOTAL PRICE

1004 APPLY LIME (As indicated in soil test) 1 Job

APPLY PEST CONTROL Blanket Application

FIRE ANT CONTROL Spot Application (Up to 100

1009 AERATE (approximately 27 Acres) 1 Job

1010 DETHATCH (approximately 27 Acres) 1 Job

OPTION YEAR 1: TOTAL ESTIMATED PRICE:

OPTION YEAR 2: March 1, 2021 thru February 28, 2022

EST

QTY

UNIT

UNIT

PRICE

TOTAL PRICE

2004 APPLY LIME (As indicated in soil test) 1 Job

APPLY PEST CONTROL Blanket Application

2009 AERATE (approximately 27 Acres) 1 Job

2010 DETHATCH (approximately 27 Acres) 1 Job

OPTION YEAR 2: TOTAL ESTIMATED PRICE:

OPTION YEAR 3: March 1, 2022 thru February 28, 2023

CLIN DESCRIPTION

EST

QTY

UNIT

UNIT

PRICE

TOTAL PRICE

3004 APPLY LIME (As indicated in soil test) 1 Job

APPLY PEST CONTROL Blanket Application

3009 AERATE (approximately 27 Acres) 1 Job

3010 DETHATCH (approximately 27 Acres) 1 Job

OPTION YEAR 3: TOTAL ESTIMATED PRICE:

OPTION YEAR 4: March 1, 2023 thru February 29, 2024

EST

QTY

UNIT

UNIT

PRICE

TOTAL PRICE

4004 APPLY LIME (As indicated in soil test) 1 Job

APPLY PEST CONTROL Blanket Application

4009 AERATE (approximately 27 Acres) 1 Job

4010 DETHATCH (approximately 27 Acres) 1 Job

OPTION YEAR 4: TOTAL ESTIMATED PRICE:

TOTAL PRICES:

BASE PERIOD

OPTION YEAR I

OPTION YEAR 2

OPTION YEAR 3

OPTION YEAR 4

Grand Total Estimated Price:

The period of performance is from Date of Award through February 28, 2020, with four (4) one (1) year renewal options, if exercised. Note: all Option Years are subject to the availability of appropriated funds; options are not guaranteed, and the Government’s decision not to exercise an option shall not be understood, construed, or intended as a termination.

SECTION C - CONTRACT CLAUSES

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

ITEMS (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 http://uscode.house.gov/uscode-cgi/fastweb.exe?getdoc+uscview+t29t32+1665+30++%2831%29%20%20AND%20%28%2831%29%20ADJ%20USC%29%3ACITE%20%20%20%20%20%20%20%20%20 http://uscode.house.gov/uscode-cgi/fastweb.exe?getdoc+uscview+t29t32+1665+30++%2831%29%20%20AND%20%28%2831%29%20ADJ%20USC%29%3ACITE%20%20%20%20%20%20%20%20%20 http://uscode.house.gov/ https://www.acquisition.gov/sites/default/files/current/far/html/52_233_240.html#wp1113304 https://www.acquisition.gov/sites/default/files/current/far/html/52_200_206.html#wp1137572 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.

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