36C78619Q0351-001.docx

36C78619Q0351

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

7759-000032 36C78619Q0351 06-27-2019 Brian Trahan

(510) 637-6182 07-22-2019

1630 PST

36C786 Department of Veterans Affairs National Cemetery Administration Contracting Services 1301 Clay Street, 1230 North Oakland

CA

94612 X X 561730 $7.5 Million X Net 30 Days N/A X Department of Veteran Affairs National Cemetery Administration Pacific District (various locations)

36C786 Department of Veterans Affairs National Cemetery Administration Contracting Services 75 Barrett Heights Road, Suite 309 Stafford

VA

22556 http://www.tungsten-network.com/customer -campaigns/veterans-affairs/

1-877-752-0900 National Cemetery Administration - Pacific District Tree Maintenance Services in accordance with Statement of Work and contract Terms and Conditions.

The Government intends to award one or more Indefinite Delivery Indefinite Quantity (IDIQ) contracts in accordance with FAR 16.504.

X Mary Accomando Contracting Officer 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 Mary Accomando Department of Veterans Affairs National Cemetery Administration Contracting Services 1301 Clay Street, 1230 North Oakland CA 94612

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

3. INVOICES: Invoices shall be submitted in arrears:

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

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

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

B.2 DESCRIPTION/SCHEDULE/ORDERING/PERFORMANCE OF SERVICES

Description of Services This solicitation/contract will establish an Indefinite Delivery/Indefinite Quantity (IDIQ) for Tree Maintenance Services in the Department of Veterans Affairs, National Cemetery Administration (NCA) – Pacific District area of operation in accordance with Statement of Work.

Multiple Awards may result from this solicitation.

Ordering/Performance Period This IDIQ is for a 5-year ordering period of August 01, 2019 to July 31, 2024.

Contract Value The guaranteed minimum award amount for this contract is $1,000. The maximum aggregate value of orders that can be placed under this contract(s) is $1,670,000.00. The Government does not guarantee that it will place any orders under this contract more than the guaranteed minimum award amount.

B.3 ORDERING PROCEDURES

ORDERING PROCEDURES

Multiple Awards may result from this solicitation. In accordance with Multiple Award Ordering Procedures under FAR 16.505 (b)(1)(ii), Contracting Officers must develop placement procedures that will provide each awardee a fair opportunity to be considered for each order and that reflect the requirement and other aspects of the contracting environment. If the order does not exceed the simplified acquisition threshold, the contracting officer need not contact each of the multiple awardees under the contract before selecting an order awardee if the contracting officer has information available to ensure that each awardee is provided a fair opportunity to be considered for each order.

As a result, for post-award order placement under the Simplified Acquisition Threshold, Request for Quote Solicitations will not be forwarded to awarded vendors. Fair Opportunity to all vendors will be provided in the form of surveying prices, geographical proximity, capability statements, and specialties.

For post-award order placement exceeding the Simplified Acquisition Threshold, Request for Quote Solicitations will be forwarded to the awarded vendors. Responses will be evaluated through comparative analysis procedures and orders will be issues to vendor who provide the overall best value to the Government.

B.4 STATEMENT OF WORK

STATEMENT OF WORK

A.1. GENERAL INFORMATION: The Department of Veteran Affairs, National Cemetery Administration intends to award a contract for tree maintenance services such as: tree pruning, tree and/or stump removal, and removal and disposal of resulting waste and debris at Eighteen (18) National Cemeteries and Two (2) former Army Post Cemeteries in Pacific District. The Contractor shall provide all supervision, professional advice/guidance, labor, parts, materials, equipment, and personnel, to provide these services. The Contractor shall submit an itemized bid per tree category for evaluation purposes.

A.2. THE NCA MISSION: The National Cemetery Administration honors veterans with a final resting place and lasting memorials that commemorate their service to our Nation. National cemeteries are national shrines. The standards of maintenance, appearance and operational procedures performed by the Contractor at the cemeteries shall reflect this nation’s concern for those interred and their families and friends. For this reason, the Contractor’s strict adherence to the specifications shall be required and shall be essential.

A.3. CEMETERY LOCATIONS: The services may be performed at one or more of the listed cemetery locations:

1. Bakersfield National Cemetery, Arvin, California

2. Fort Rosecrans National Cemetery, San Diego, California

3. Golden Gate National Cemetery, San Bruno, California

4. Los Angeles National Cemetery, Los Angeles, California

5. Miramar National Cemetery, San Diego, California

6. Riverside National Cemetery, Riverside, California

7. Sacramento Valley National Cemetery, Dixon, California

8. San Francisco National Cemetery, San Francisco, California

9. San Joaquin Valley National Cemetery, Santa Nella, California

10. National Memorial Cemetery of the Pacific, Honolulu, Hawaii

11. National Memorial Cemetery of Arizona, Phoenix, Arizona

12. Prescott National Cemetery, Prescott, Arizona

13. Tahoma National Cemetery, Kent, Washington

14. Eagle Point National Cemetery, Eagle Point, Oregon

15. Roseburg National Cemetery and Roseburg Annex, Roseburg, Oregon

16. Willamette National Cemetery, Portland, Oregon

17. Santa Fe National Cemetery, Santa Fe, New Mexico

18. Fort Bayard National Cemetery, Fort Bayard, New Mexico

19. Fort Lawton Cemetery (former Army Post), Seattle, Washington

20. Fort Vancouver Cemetery (former Army Post), Vancouver, Washington

There is an indefinite quantity of trees that require work at these cemeteries. Contracted work shall consist of one or more of the following: tree and stump removal, routine pruning, deadwood pruning, palm tree pruning, stump grinding, root pruning, snag felling, and the removal and disposal of any resulting waste and debris.

A.4. GENERAL WORK DESCRIPTION

A.4.1. Tree and Stump Removal: Existing trees selected for removal shall be felled under the instruction/guidance of a Contractor-provided Certified Arborist. All trees shall be topped prior to falling and all limbs over 3 ½ inches in diameter must be lowered to the ground by ropes. The stumps are to be ground to at least 18 inches below soil level. The Contractor shall never grind the stumps to the depth that would interfere with the roots of any adjacent tree(s) that the Government will retain. The cavity of the stump is to be filled with clean topsoil and tamped to meet the existing grade. All wood chip particles and debris from the tree removal shall be cleaned up thoroughly and removed from the cemetery. The Contractor shall not damage any headstones, adjacent plant material or structures. Any damage or breakage during the performance of these services by the Contractor shall be repaired, replaced, given remedial and/or corrective treatment, and be cleaned up by the Contractor to the Government’s satisfaction and at no additional cost to the Government.

A.4.1.a. Tree Removal Validation:

It is the policy of National Cemetery Administration, Pacific District that trees are an integral part of the cemetery landscape and contribute greatly to the appearance of a National Shrine. Therefore, every tree removal must be fully justified. Reasons that support tree removal include:

1. Evidence of decayed wood, disease, severe insect infestation, or cankers.

2. Evidence the tree is structurally unsound: included bark, open cracks, weak branch unions, and excessive lean.

3. For the reasons above and/or other factors, the tree poses a significant threat to public safety.

For every tree removal listed in this work statement, a Certified Arborist must certify in writing that the tree must be removed because it meets any or all the above criteria. This written statement shall be emailed, faxed or otherwise sent to the Pacific District Agronomist, with a copy to the Cemetery Director, for approval of the tree removal prior to commencement of any work.

Send the Tree Removal Validation to:

TBD

A.4.2. Deadwood Pruning:

A.4.2.a Deadwood Pruning 1: Trees in this category require pruning to remove deadwood and/or broken branches that pose a potential risk that could result in personal injury or property damage. This category is used for any tree with broken, hanging, dead, or otherwise potentially dangerous limbs generally greater than four (4) inches in diameter or those trees with a significant number of dead branches (that can even be less than four inches in diameter) that require removal. Deadwood pruning requires the removal of all deadwood present in the tree (4) inches in diameter and less.

A.4.2.b Deadwood Pruning 2: Trees in this category require pruning to remove deadwood and broken branches or living branches to improve the structural integrity of the tree. This category is also used for any tree with broken, hanging, dead, or otherwise potentially dangerous limbs generally greater than two (2) inches, but less than four (4) inches in diameter. Deadwood pruning requires the removal of all deadwood present in the tree (2) inches in diameter and less.

A.4.3. Routine Pruning: Trees in this category would benefit from regular maintenance to reduce the development of future problems or correct minor problems that could increase if not corrected. This primarily includes larger trees (over 20 feet in height) with minor amounts of deadwood less than two (2) inches in diameter or with correctable structural problems. Large trees with growth patterns that will eventually obstruct or interfere with turf growth and health, pedestrian or vehicular traffic clearance, lines of sight, and view corridors are also included in this category. Work under Routine Pruning shall remove 20 to 25% of the tree’s total leaf area by means of one or combination of the types of Routine Pruning listed below.

Types of Routine Pruning include the following:

Crown Thinning: The selective removal of dead, diseased, broken or weakly attached branches (Crown Cleaning); and the removal of branches to increase light penetration and air movement through the crown; thinning towards the branch tip to reduce the wind-sail effect of foliar clumps in the crown; and thinning to relieve the weight of heavy limbs. Only 25% of a tree’s leaf area can be removed at any one time.

Crown Cleaning: The selective removal of dead, diseased, broken or weakly attached branches of any size, and aerial roots. This constitutes regular landscape maintenance pruning that will correct small growth problems before they become larger, more costly problems.

Crown Reduction: Pruning to reduce the size of the tree and to provide a symmetrical shape to the tree crown.

Crown Raising: The removal of the lower branch of a tree to provide clearance for buildings, signs, vehicles, pedestrians and vistas.

A.4.4. Training Pruning: This includes young or small trees less than 20 feet in height that are recommended for training pruning to reduce the development of future structural problems. Trees with growth patterns that will eventually obstruct or interfere with turf growth and health, pedestrian or vehicular traffic clearance, and, lines of sight are also included in this category.

A.4.5 Stump Grinding: Work to remove stumps that were previously left on site from prior tree work. Stump grinding is not to be considered separate work for new tree removals. Stump and roots are to be removed to a depth of 18 inches below grade throughout the entire dripline of the tree.

A.4.6 Root Pruning: Work to remove roots at or near the ground surface that conflict with existing or future structures or are girdling the tree. Roots are to be removed to 18 inches below grade in the designated areas unless noted otherwise. Roots shall be exposed using a combination of mechanical excavation, air tool excavation and hand excavation under the direction of the Arborist.

A.4.7 Snag Felling: Work to cut down dead trees still standing or hung-up in the branches of adjacent trees. Trees are to be felled, cut up into sections such that the surface of the tree trunk and limbs makes full contact with the ground, and is left in place to decay.

A.4.8 Palm Pruning: The removal of dead or living palm fronds hanging below the horizontal plane, and dead or living palm seed and flower heads. Also included is the symmetrical shaping and/or removal of persistent petioles remaining from previous frond removals that detract from the overall appearance of the tree.

A.5 REMOVED

A.6. CONTRACTOR DUTIES AND RESPONSIBILITIES:

A.6.1. Arborist: The Arborist must be certified by International Society of Arboriculture, and this certificate must be current. The Arborist shall serve as the “Contractor’s Site Manager” for this contract and will 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 Arborist must have not less than five (5) years’ experience as a direct supervisor of a commercial tree maintenance operation that included removal, trimming, and stump removal in industrial, commercial or public sites. The Arborist 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.

A.6.2 Documentation: The Arborist shall submit photo-documentation of the condition of each tree prior to work on the tree and after the work has been completed. The electronic images shall be copied onto electronic media and delivered to the Pacific District Agronomist within 14 (fourteen) days of completion of the work. Failure to provide this documentation will result in a 2% reduction in the overall contract fee.

A.6.3. Period of Performance and Payment: The time of completion of the performance of this contract and the complete removal of all Contractor material and equipment will be determined for each task order by agreement between the COR and the Contractor but will be no greater than sixty (60) working days from start to finish, with no exceptions. Payment will be made only after inspection and approval of the work by the COR.

A.6.4. Work Hours: All work shall be performed during the normal working hours (8:00 a.m. to 4:30 p.m.), Monday through Friday, except with the written permission of the COR(s). When emergency situations are caused by the Contractor, then he/she shall decide with the COR(s) to work on weekends to correct/eliminate the emergency to meet the period of performance. The Government shall not compensate the Contractor for emergency situations caused by the Contractor.

A.6.5. After Normal Hours On-Call/Emergency Situations: The Contractor shall establish and maintain a point-of-contact to receive emergency calls from the COR(s). The point-of-contact shall be available on a 24-hour basis during weekends, Federal Holidays and after normal hours of operation. The Contractor is to provide phone, pager and cell phone numbers for emergency and/or after-hours situations.

A.6.5.1. The Contractor shall respond to all emergency requests within one (1) hour of the initial emergency call. Actual tree pruning/removal shall be made as expeditiously as circumstances allow and/or within (24) hours upon initial emergency call. Emergency requests warrant more rapid than routine response to safeguard the situation and secure the parameters to a safe condition. The Contractor shall keep the COR(s) fully informed of the situation and what action will be taken to secure and correct the situation.

A.6.5.2. The Contractor shall coordinate with the COR(s) daily for establishing a work schedule and to ensure that no work is being performed at the immediate site of a scheduled interment or ceremony. These daily meetings are also an opportunity for the Contractor to ask questions and ensure he/she understands the off-limit areas, which may vary, depending on the event. The Contractor’s site manager can thus assign tasks accordingly throughout the rest of the Cemetery so that productive use of labor and equipment is assured, and downtime is avoided. If the Contractor fails to re-direct employees away from an event in a timely fashion, the COR(s) may then do so.

A.6.5.3. 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(s). The Contractor shall meet with the COR(s)/Grounds Foreman at the end of each day to determine work completed and to ensure that work is on schedule.

A.6.5.4. In the absence of the COR, the Contractor shall meet with the Alternate COR and/or Grounds Foreman of this contract. The COR and the Alternate COR, will be determined for each task order by site.

A.6.5.5. The Contractor may be required when deemed necessary by the COR(s) to attend a meeting with the COR(s) or other Government personnel both prior to the issuing of a Notice to Proceed as well as during the performance period of any task order that may be issued.

A.6.5.6. The Contractor’s performance will be measured based on how timely and correctly he/she accomplishes and completes the weekly work schedules.

A.7. RECORD KEEPING AND REPORTING:

A.7.1. The Contractor's site manager or his designee shall provide the COR(s) with weekly written accurate reports identifying the following: All trees, per species and exact location (ID Number, Section, and Headstone) that have been pruned, have been removed and have had the stump removed. The Contractor shall markup a copy of the tree inventory list for this purpose. Trees that have been removed but are still on the list as a “priority tree removal” shall be striked-through with a line. These lists will be provided on not less than a weekly basis and shall identify all the above work that took place within the previous seven days. The Contractor’s site manager will also provide upon request a plan of action for the upcoming week, regarding what pruning, removal and stump grinding shall occur for specific areas.

A.7.2 Final Report: At the completion of the work, the Contractor’s site manager shall provide the COR with an updated tree inventory listing the trees that were worked on and the type of tree work that was performed. The update shall be provided on a copy of the tree inventory with the tree identification number and type of work executed clear on the sheet.

A.7.3 Inspection: At the completion of the work, the COR shall inspect the contracted treework in the company of the Contractor’s site manager. Work determined by the COR to be incomplete shall be completed by the Contractor at no additional cost to the Government. Disputes arising regarding the status of the work will be reported to the CO for final resolution. The COR’s report shall include the Contractor’s before and after photo-documentation, and the type of treework indicated, and the original work order.

A.8. REQUIRED DOCUMENTATION: The Contractor shall be responsible for obtaining all necessary and current licenses, permits, vehicular insurance and registration, Workman’s Compensatory Liability Insurance, and property liability insurance prior to the start date of this contract. The Contractor shall provide the Contracting Officer copies of these required documents with his/her proposal.

A.9. UTILITY LINES COMPLIANCE: Where pruning or stump grinding and tree removal conflicts with existing above-ground and below-ground utility lines, the corresponding utilities company and cemetery staff shall be notified, and the Contractor shall obtain any necessary permits and utility locates prior to executing the work in that area. Contractor shall cooperate with the utilities company and cemetery staff to avoid any damage or liability and provide a safe work environment for his/her employees.

A.10. PRUNING STANDARDS: All tree pruning shall comply with: Best Management Practices: Tree Pruning (2018 ISA or latest edition) companion publication to the ANSI A300 (Part 1) -2017 or latest edition: Tree, Shrub, and Other Woody Plant Maintenance – Standard Practices, Pruning.

A.10.1. The Contractor is responsible to ensure that all pruning cuts shall be made just outside the collar or shoulder ring (branch bark ridge/swollen trunk collar) close to parent stem so that healing can readily start under normal conditions.

A.10.2. The Contractor is responsible to ensure that when reducing the tree height and spread, he/she shall retain the natural shape of the tree by removing the entire lateral branches back to their point of origin also known as drop crotching or thinning.

A.10.3. The Contractor is responsible to ensure that all limbs one inch in diameter and greater must be precut to prevent splitting. All branches and/or tree material 3-1/2 inches in diameter and greater shall be lowered by proper lowering methods such as using slings and ropes.

A.10.4. The Contractor is responsible to ensure that all trees shall be pruned and shaped to retain the trees natural crown characteristics and patterns.

A.10.5. The Contractor is responsible to ensure that for trees that are thinned, live branches are removed to permit penetration of sunlight and circulation of air through the canopy while maintaining the proper aesthetic appearance, natural crown characteristics and growth pattern for that species.

A.10.6. The Contractor is responsible to ensure that when trees known to be diseased or susceptible to diseases are worked, tools are to be disinfected with alcohol after each cut and before moving to the next tree, to prevent the transmission of disease.

A.10.7. The Contractor is responsible for reporting to the COR all the following conditions: when old scars are not healing properly; where callus growth is not already established; visible girdling roots, and when there is any structural weakness; decayed trunk or branches; and split crotches, or branches.

A.10.9. The following methods of pruning are NOT acceptable: topping, heading-back, stubbing, de-horning, and pollarding.

A.10.10. The Contractor is responsible to ensure that when crown raising, care shall be given to create a symmetrical, aesthetic appearance, conforming to the natural crown characteristics and growth patterns of the tree species.

A.10.11. In general, the Contractor shall ensure when reducing the size of a tree and with respect to retaining the tree’s natural crown characteristics and patterns, not more than 1/4 of the total leaf area shall be removed in a single operation.

A.11. GENERAL PARAMETERS:

A.11.1. The Contractor is responsible to ensure that all work shall be done in a manner that safeguards all visitors, employees, and public. The Contractor shall be solely responsible for all actions initiated and/or completed by his/her employees. Furthermore, the Contractor and his/her employees shall have a clear understanding of, and be sensitive to, such environmental issues as ground water contamination, wetlands, containment of pollutants from entering storm drains, and be consistent and fully compliant with all applicable Federal, State, County and City laws, ordinances, Right-to-Know laws, EPA guidelines, and regulations.

A.11.2. Damage to Government property: The Contractor shall be responsible for replacement of any cemetery structure within 30 days of the damage, to include: turf, plant material, curbs, road pavement, headstones or markers, valve boxes, control markers, sprinkler heads, which are cracked, chipped, marred, damaged and/or ruined at the fault of the Contractor. Contractor shall bear all costs associated with replacement and reinstallation. Any such damage shall be brought to the immediate attention of the appointed COR prior to repair/replacement/installation.

A.11.2.1. At the Government's discretion, the Contractor shall either repair or replace the property, or reimburse the Government the full replacement value for all property damage. The Contractor shall be aware that Government property beyond structures and equipment includes headstones, monuments, trees, plant beds, and turf, (i.e., damaged trees, plants, turf, and headstones shall be repaired or replaced.)

A.11.2.2. The Contractor shall be responsible for cleaning any cemetery structure that are soiled or stained because of Contractor’s performance. The Contractor shall wash-down with water all soiled or stained structures and grounds at the end of each work day. No chemicals are to 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 Contracting Officer Representative (COR) prior to washing/cleaning.

A.11.2.3. At the end of each day the Contractor shall remove all debris from the cemetery site resulting from the work and taken to an area designated by the COR, unless otherwise specified by the COR(s). The Contractor shall always ensure that rubbish and trash generated by the Contractor is kept clear of vehicular and pedestrian traffic throughout the site. NOTE: The Government shall not provide receptacle(s) for disposal of debris related to this contract.

A.11.2.4. The Contractor shall provide adequate warning devices, barricades, guards, flagmen and other necessary precautions for the protection, safety, and warning of pedestrians and vehicular traffic within the work area.

A.11.2.5. The Government may undertake or award other contracts for additional work at or near the site of work for this contract. The Contractor shall fully cooperate with any other contractors and with Government employees and shall carefully adapt scheduling and performance of work, needing any direction, it shall be provided by the COR(s). The Contractor is responsible for reporting to the COR(s) any problems or questions that may arise with any other personnel on site during the period of performance of this contract. The Contractor shall not take it upon him or herself to resolve any problems or issues with other on-site contractors or employees, but rather will leave it to the COR(s) to resolve the issue.

A.11.2.6. The Contractor shall not operate trucks, tractors, and other heavy equipment on any turf area except when authorized in writing by the COR(s). Contractor shall “Board-in” and “board-out” when moving heavy equipment over turf. That is, the Contractor shall place plywood sheets or mud tracks to protect turf from damage from heavy equipment. Protection boards shall be removed from turf by the close of business each day to avoid damaging turf.

A.12. WORK ENVIRONMENT: All work under this service contract will be performed primarily out-of-doors and personnel performing these services will be exposed to wind, sun, cold, dampness, frost, fog, rain and snow. These conditions may at times be extreme. The Contractor shall take all necessary precautions to protect his/her employees from the elements to the maximum practicable extent. Inclement weather will not be considered an excusable delay in meeting specifications. The Contractor shall work throughout all weather conditions and to apply additional labor and equipment as necessary to meet deadlines, at no additional cost to the Government.

A.12.1. Due to the sensitive mission of the cemetery, the work often requires contact with and exposure to grieving individuals. Contractor personnel must exercise and exhibit absolute decorum, respect, composure and stability always.

A.13. CONTRACTOR-FURNISHED ITEMS:

A.13.1. The Contractor is responsible for supplying all equipment, personnel, tools, supplies and materials to perform these services. All pruning tools shall be kept sharp and properly functioning.

A.13.1.2. Contractor-furnished items necessary to perform work as required under this contract shall be furnished, maintained and operated by the Contractor and shall be consistent and fully compliant with all applicable Federal, State, County, City laws, and ordinances and regulations.

A.13.1.3. 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.

A.13.1.4. 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.

A.13.1.5. The Contractor is responsible for ensuring that all his/her motor vehicles and equipment meet inspection, safety, licensing, registration, and insurance requirements in the State where the work is being provided.

A.13.1.6. In case 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 to accomplish these services. The “hook-ups” to the work site may require the Contractor to run electrical cords and/or water hoses.

A.13.1.7. The Contractor shall provide his/her own REFUSE FACILITIES. The Contractor is required to dispose of all debris and other waste materials generated by his/her work at a licensed off-site landfill unless otherwise requested. The Government shall not provide receptacles for disposal of debris because of the services provided under this contract.

A.13.1.7. The Contractor shall operate tree limb chipping equipment in a location approved by the COR(s). The Contractor shall refrain from operating this equipment when requested.

A.14. CONTRACTOR CONDUCT: Contractor personnel shall:

A.14.1. Be required to adhere to the following standards of dress, conduct, supervision and training while performing work on Government property. They shall be subject to immediate enforcement action by the Contracting Officer if these standards are not adhered to during the period of performance of this contract. Contractor shall be responsible for training and safety precautions prescribed by OSHA regarding safety equipment and devices.

A.14.1.2. Be fully always clothed, to include upper garment to cover body from the waist to the neck and long pants or slacks. Garments which have a message, slogan or printing of any kind other than the Contractor’s business attire are prohibited. Uniforms are acceptable.

A.14.1.3. Maintain a neat and professional appearance throughout its workforce, vehicles, equipment, and maintenance areas. Matching uniforms for all employees are required.

A.14.1.4. The Contractor shall not engage in loud or boisterous behavior, angry outbursts or use profane or abusive language at any time on Government premises. Playing radios and/or electronic games/devices, smoke or chew tobacco products, shall only be done at lunch time and in a designated work area. Due to the sensitive mission of the cemetery, Contractor employees will come into daily contact with grieving individuals, therefore Contractor employees will exercise and exhibit absolute decorum, courtesy, and respect while within the cemetery or at its perimeter or entrances. Inquiries from cemetery visitors shall be politely referred to Government cemetery staff. Gratuities of any kind are strictly prohibited.

A.14.1.5. Consume food and beverage only within areas designated by the COR(s). Intoxication, and violence or criminal acts of any kind will not be tolerated - and is cause for immediate removal from Government property. Use or sale of intoxicating beverages and/or drugs is strictly prohibited.

A.14.1.6. Contractor employees shall only 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.

A.14.1.7. The Contractor shall be responsible to ensure that his/her employees are aware of all the terms and conditions set forth above in this solicitation package regarding their performance and conduct during the performance period of this contract.

A.14.2. NOTE: ANY VIOLATION OF ANY OF THE ABOVE LISTED, MAY RESULT IN THE TERMINATION OF THIS CONTRACT WITH POSSIBLE REPERCUSSIONS, COSTS INCURRED, DEBARMENT, AND/OR FINE.

A.15. LABOR FORCE AND EQUIPMENT. The Contractor shall be aware of the intensive labor and equipment requirements needed to meet contract specifications. Inclement weather - other than prolonged rain fall is not an excuse for not meeting specifications. The Government expects the Contractor to work throughout all weather conditions and to apply additional labor and equipment as necessary to meet deadlines. The Contractor shall use any additional resources necessary to meet or return to specified work requirements after an event such as Memorial Day and Veterans Day. The Contractor shall determine the number of employees and the amount and kinds of equipment needed throughout the year.

A.16. UNION: The Contractor shall be aware of the requirements needed to meet the contract specifications. If the Contractor work force is unionized the Contractor will insure the contract between his or her company has a no strike clause to insure the contract between the Contractor and the Cemetery is met. If at any time the Contractor becomes aware, anticipates or plans any changes within his/her company or personnel that might impact the performance of this contract, the Contractor shall immediately notify the Contracting Officer of record for this contract and shall follow-up in writing and provide this information by emailing the Contracting Officer.

A.17. SAFETY: Matters related to safety, and any actions of the Contractor, must meet all safety requirements of National Cemetery Safety Officer, Department of Veterans Affairs, OSHA, the State and the County. It is incumbent upon the Contractor to be familiar with these requirements. "Safety" shall also include the Contractor having a safety representative who maintains regular and routine contact with the Safety Officer of the National Cemetery.

NOTICE TO CONTRACTORS:

THE CONTRACTOR IS SOLELY RESPONSIBLE TO ENSURE THAT HIS/HER EMPLOYEES ARE FULLY AWARE OF ALL OF THE ABOVE TERMS AND CONDITIONS REQUIRED FOR THE PERFORMANCE OF THIS CONTRACT AND ABIDE BY THESE TERMS AND CONDITIONS DURING THIS PERIOD OF PERFORMANCE. FAILURE TO UPHOLD THAT RESPONSIBILITY WILL RESULT IN THE TERMINATION OF THIS CONTRACT.

(End of Statement of Work)

B.5 SUPPLEMENTAL INSURANCE REQUIREMENTS

In accordance with FAR 28.307-2 and FAR 52.228-5, the following minimum coverage shall apply to this contract:

(a) Workers' compensation and employers liability: Contractors are required to comply with applicable Federal and State workers' compensation and occupational disease statutes. If occupational diseases are not compensable under those statutes, they shall be covered under the employer's liability section of the insurance policy, except when contract operations are so commingled with a Contractor's commercial operations that it would not be practical to require this coverage. Employer's liability coverage of at least $100,000 is required, except in States with exclusive or monopolistic funds that do not permit workers' compensation to be written by private carriers.

(b) General Liability: $500,000.00 per occurrences.

(c) Automobile liability: $200,000.00 per person; $500,000.00 per occurrence and $20,000.00 property damage.

(d) The successful bidder must present to the Contracting Officer, prior to award, evidence of general liability insurance without any exclusionary clauses for asbestos that would void the general liability coverage.

36C78619Q0351 (End of Clause) Page 1 of Page 1 of

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 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…