36C78619Q0461-002.pdf

PERFORMANCE WORK STATEMENT

1. INTRODUCTION

a. This is a performance-based contract for Cemetery Initial Setting and Replacement of Upright Headstones and Flat-Markers services at Dallas Fort Worth National Cemetery and hereafter referred to as “Dallas Fort Worth” or “Cemetery.” The overall responsibility of the Contractor is to plan, coordinate, organize, manage, and perform the activities described herein, which are required to maintain acceptable placement and appearance of headstones.

b. This Performance Work Statement describes the basic objectives of the Dallas Fort Worth National Cemetery. The Performance Based Service Contract provides potential Offerors the flexibility to develop cost effective solutions and the opportunity to propose innovative alternatives to meet the stated objectives. It also presents the Government with an opportunity to assess the Offeror’s understanding of all aspects of the effort to be performed by eliminating the "how to" instructions to accomplish the required effort normally contained on the Statement of Work that the Government traditionally provides to prospective Offerors. Minimum Acceptable Levels (MAL) of performance to meet the minimum requirements are outlined in the “Performance Work Requirements Summary” contained in Exhibit 1.

2. THE NATIONAL CEMETERY ADMINISTRATION MISSION

The National Cemetery Administration honors veterans with a final resting place and lasting memorial that commemorate their service to our Nation. National Cemeteries are National Shrines. Therefore, the standards for management, maintenance, appearance and operational procedures performed by the Contractor have been established by the National Cemetery Administration to reflect this Nations’ concern and respect for those interred there. For this reason, the Contractor’s strict adherence to the Performance Work Statement, Performance Work Requirements Summary and Guidance Specifications shall be required and will be essential. Critically important is the awareness required of the Contractor employees of the remains buried in the grounds where the work is performed. The utmost care must be given to these remains and the headstones that mark those gravesites and memorialize the service of individuals.

3. BACKGROUND

a. In 1999 Congress passed legislation requiring VA to ensure that National Cemeteries serve as a dignified and respectful setting. Each Cemetery is to be an expression of appreciation and respect of a grateful Nation for the service and sacrifice of her veterans.

b. Further, each National Cemetery is to be maintained as a National Shrine. A National Shrine is defined as a place of honor and memory that declares to the visitor/family who views it as a majestic setting, offering a sense of serenity, historic sacrifice and nobility of purpose. The National Cemetery is a beautiful and awe-inspiring tribute to those who gave much to preserve our Nation’s freedom and way of life.

4. INTRODUCTION

This service contract for Dallas Fort Worth National Cemetery is for cemetery Initial Setting and Replacement of Upright Headstones and Flat-markers services at Dallas Fort Worth National Cemetery located at 2000 Mountain Creek Parkway, Dallas, TX 75211.

36C7819Q0461

ATTACHMENT A - PERFORMANCE WORK STATEMENT

5. DESCRIPTION OF SERVCIES

The Contractor shall provide all personnel, supervision, professional expertise, vehicles, transportation, equipment, tools, materials, supplies, quality control and other items and services necessary to install and replace headstones at Dallas Fort Worth National Cemetery in a manner that will present a clean, neat, and professional appearance throughout the Cemetery and will meet or exceed the requirements in accordance with Contract Specifications, Drawings and the Performance Work Requirement Summary (PWRS) found at Exhibit 1. Services include, but are not limited to, placement of initial and replacement of upright headstones (headstones), transportation of removed headstones to an approved location on site, preservation of existing Cemetery features (lawns, paving, roads, stones, and markers), restoration of Cemetery features disturbed or removed as a result of performing new work such that at the end of the day the Cemetery condition is as good as before commencement of work. Scheduling of services shall be coordinated with the Contracting Officer’s Representative (COR) to avoid disruption of ongoing Cemetery operations. All work will be done during normal Federal workdays in daylight hours. The exception is Memorial Day, which may be a workday for Federal employees, but not for the Contractor.

No work will be allowed during the special weekend activities.

6. PROGRAM OBJECTIVES

a. The Contractor shall be responsible for full management of the Cemetery’s Initial Setting and

Replacement of Upright Headstones services described herein. The Government’s objectives are described in the National Cemetery Administration’s (NCA’s) “Operational Standards and Measures” http://vaww.nca.va.gov/business_imp/bus_stdmeasure.asp (or provided by the Contracting Officer upon request), the Performance Work Statement (PWS), and other requirements identified herein, as they are applicable to the services required in the Pricing Schedule. The Contractor’s “Technical Approach” from its proposal contains solutions to accomplish the Government’s Objectives. The Contractor may use whatever method it chooses to meet the objectives, as long as the end result satisfies the minimum acceptable levels of performance as defined in the Performance Work Requirements Summary.

b. The Contractor will coordinate all associated field layout dimensions with COR prior to start of work. The Contractor is responsible for furnishing all stakes, templates, platforms, equipment, tools, materials, and labor required to layout any part of the work.

c. The Contractor shall be responsible for:

i. Initial and Replacement Upright Headstones;

ii. Initial and Replacement of Flat-markers

iii. Layout of the work and for all measurements in connection with the layout;

iv. Utilizing existing burial section grid monumentation for all headstone row layout work;

v. Executing the work to the lines and grades needed to accomplish the work and to ensure that headstones are correctly and accurately located on their associated gravesites;

vi. Debris and trash removal;

vii. Maintaining a safe and presentable working environment for Contractor, Cemetery staff, and the general public.

viii. Preventing any disruption to the Cemetery operations, including funerals, visitor privacy, internal traffic, and utilities;

ix. Preserving the environment and following applicable regulations;

x. Preserving existing Cemetery features (lawns, paving, roads, stones, and markers);

xi. Restoring Cemetery features disturbed or removed as a result of performing new work;

xii. Ensuring all work conforms to the NCA’s established National Standards; and

xiii. The timely submission of required reports and documentation.

7. CONTRACT OBJECTIVES

a. To use an innovative and creative technical approach to manage the cemetery initial and replacement headstone installation at the Dallas Fort Worth National Cemetery in order to maintain the high standards of appearance as a National Shrine, in accordance with best commercial practices and the requirements identified in this solicitation.

b. To have the Contractor perform to its approved “Technical Approach” from its proposal focused on criteria to install headstones designed to result in a clean, neat and professional appearance overall while preserving existing Cemetery property. The Guidance Specification Section at Exhibit 7 is included as an example of the minimum requirements the Contractor is expected to meet or exceed.

c. To determine a contract period of performance in accordance with standard commercial practices.

The minimum life of the contract should be one base period with options to extend the term of the contract up to four (4) additional years, exercised at the VA’s discretion and dependent on the availability of funds. The maximum life of the contract, including any award terms, will not exceed five (5) years.

8. STANDARDS OF EMPLOYEE CONDUCT

Contractor personnel shall be required to adhere to the standards of dress and conduct, as briefly mentioned here, while performing work in the National Cemetery. These standards and regulations are enforceable under Title 38, U.S.C., Part I, Chapter 9, Section 901.

a. Clothing shall be presentable and suitable to the work while maintaining proper appearance and decorum indicative for a National Shrine. Uniform shirts and hats are preferred. Clothing shall be clean and cleanliness and personal hygiene are imperative. Any soiled clothing should be cemetery work-related that day. T-shirts and/or tank tops as outer garments are prohibited.

Protective/safety clothing and shoes shall meet or exceed OSHA and state requirements.

b. Shall not engage in loud or boisterous behavior or use profane or abusive language. Shall show proper reverence during committal service.

c. Not eat or drink beverages except water or non-alcoholic drinks while in work area or in sight of committal shelter during a service. Use of intoxicating beverages and/or drugs is strictly prohibited.

d. Contractor personnel shall not lean, sit or stand on or against headstones, markers, or monuments.

No tools, equipment or other items will be placed or leaned on headstones or monuments at any time. Contractor personnel shall not drive over headstones, markers, or monuments.

e. Use of tobacco products is prohibited except in designated smoking areas as approved by the

COR.

f. The Contractor shall discuss the guidance in this paragraph and in Exhibit 11 with his/her employees and all subcontractors. Any doubts as to proper procedures shall be brought to the attention of the COR, Cemetery Director, and/or CO for guidance or resolution. Each contractor and subcontractor employee shall sign a Statement of Compliance (Exhibit 11); the Contractor shall deliver the signed statements to the COR before work may begin or before any new employee is allowed to work on Cemetery grounds.

9. PARKING AND VA REGULATIONS

Contractor employees may park privately owned vehicles in the area designated for parking by the COR.

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

10. USE OF CEMETERY FACILITIES

a. The Government shall not be responsible for any loss, damage, or theft of Contractor items.

Contractor shall be responsible for acceptable standards of housekeeping and custodial maintenance of Cemetery facilities used by Contractor's employees.

b. The Government will not furnish a storage building at the Cemetery site for use by the Contractor to store supplies and equipment. However, the Government will provide an area designated for the Contractor’s use. The Contractor can establish facilities to include but not limited to office site, covered storage, portable toilet facilities etc on or in the designated area after such facilities are approved by the COR and Contracting Officer (CO). The Government will provide water to the Contractor’s designated area; all other utilities to this area are the responsibility of the Contractor. The Government will not be responsible for any damage to and supplies stored on the Government’s premises. The contractor shall be responsible for maintaining fire extinguishers and other safety equipment.

c. The Contractor will be responsible for safely storing any chemicals, pesticides, herbicides, cleaning solutions, etc. in accordance with manufacturers recommendations. An SDS (Safety Data Sheet) is required for all chemicals, pesticides, herbicides and cleaning solutions.

d. Electricity and phone service will NOT be furnished by the Government for the Contractor’s work area. (Utilities are addressed in Exhibit 6, paragraph 9)

11. CONTRACTOR'S RESPONSIBILITIES

The Contractor shall obtain all necessary licenses and/or permits required to perform this work. He/she shall take all precautions necessary to protect persons and property from injury or damage during the performance of this contract. He/she shall be responsible for any injury to himself/herself, his/her employees, or others, as well as for any damage to personal or public property that occurs during the performance of this contract that is caused by him/her or his/her employees' fault or negligence. The Contractor shall maintain personal liability and property damage insurance prescribed by the laws of the State of Colorado.

12. SUPERVISION AND TRAINING

a. The Contractor shall provide a supervisor who speaks and writes fluent English on site, and at all times when the Contractor personnel are on the premises. The Contractor Supervisor must have not less than five (5) years’ experience as a direct supervisor of grounds maintenance or construction operations in industrial, commercial or public sites. The Contractor Supervisor shall 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. In the absence of the Supervisor, the Contractor shall appoint an English-speaking crew foreman or an employee who shall be responsible to ensure that the work is being accomplished in an expeditious manner, is performed in accordance with the contract specifications and that the work will progress without undue delay.

c. The Contractor shall be responsible for maintaining satisfactory standards of personnel conduct and work performance and shall administer disciplinary action as required. The Contractor is expected to remove any employees from the Cemetery for cause, to include, but not limited to, safety violations, other misconduct in performance of duty under these specifications and/or conduct contrary to the best interests of the Government. If the Contractor fails to act in this regard, or the reason for a removal is immediately required to protect the interests of the Government, the COR may direct the removal of an employee from the premises. Contractor objections to any such action will be referred to the Contacting Officer (CO) for final resolution;

however, the Contractor will first immediately comply with COR direction pending any CO final resolution at a later time or date. The Contractor will not be due any type of compensation for their costs incurred as a result of an employee being removed for cause; unless the removal is directed by the COR, and is later found invalid and/or unreasonable by the Contracting Officer.

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

i. National Fire Protection Association (NFPA): 10-1998 Standard for Portable Fire

Extinguishers

ii. Occupational Safety and Health Administration (OSHA) 29 CFR 1910 Safety and Health Regulations for Personal Protection, Safety Color Codes, Portable Power Tools, Electrical Safety and Portable Electric Equipment.

iii. Site and Building Access: Maintain free and unobstructed access to facility emergency services and for fire, police and other emergency response forces in accordance with NFPA 241.

iv. Site supervisor/foreman is required to hold a 10 hour OSHA certification.

13. INSPECTION AND CLEANING OF CEMETERY FACILITIES

a. The Contractor will perform a weekly inspection. During this inspection the appearance of the

Cemetery will be observed, and any deficiencies noted within the scope of the contract will be corrected as soon as practicable. Items that need correcting outside the scope of the contract will be reported to the COR or his/her representative.

b. The Contractor will be required to submit inspection reports and work accomplished to the COR weekly. The COR is located at Dallas Fort Worth National Cemetery. The inspection forms will be provided to the Contractor. (See “Work Summary and Progress Report”, Exhibit 3)

14. WORK DURING CEMETERY FUNCTIONS

a. The burial activities at a National Cemetery will take precedence over contract activities. The Contractor shall cooperate and coordinate with the COR or authorized designee, in arranging schedule to cause the least possible interference with cemetery activities in actual burial areas. The COR or a representative shall furnish the Contractor with a schedule of all interments and/or ceremonies no later than the close of business of the day prior to the scheduled interment, and a minimum of three (3) days before any ceremonial events.

b. Work noise during the interment services shall not disturb the service. Trucks and workmen shall not pass through the service area during this period. Contractor personnel shall not operate motorized equipment or conduct other commercial activities during interment services. The COR will identify the designated area.

c. Execute work in such a manner as to interfere as little as possible with work being done by others.

To minimize contract activity interference with flow of cemetery traffic, keep roads, walks and entrances to grounds, parking and occupied areas of buildings clear of materials, debris and standing equipment/vehicles at all times. At least one lane must be open to traffic at all times.

15. PERFORMANCE EVALUATION MEETING

a. The issuance of a Contract Discrepancy Report (CDR) found at Exhibit 5 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, they will so state their objections in writing to the Contracting Officer, within ten calendar days, and also explain the reasons for non-concurrence. The Contracting Officer will review and consider the reasons submitted for the Contractor's non-concurrence and make a decision to revise or uphold the comments as written.

The Contracting Officer will notify the Contractor of the decision in writing within ten (10) calendar days of submission of any objections.

16. 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 acceptable limits of satisfactory performance, a CDR will be issued to the Contractor. The seriousness of the failures should govern whether to issue CDR at the end of the period, or as soon as the limits of satisfactory performance are exceeded.

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

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

17. CONTRACTOR’S QUALITY CONTROL PLAN (QCP)

a. The Contractor shall establish and maintain a complete QCP to assure the requirements of this contract are provided as specified. This QCP will be forwarded to the Contracting Officer along with the requested initial proposal and may be revised as necessary during the life of the contract, with concurrence of the COR and Contracting Officer. The Contracting Officer will review the QCP and list any needed clarifications, and return to Contractor for response, if necessary. The QCP may be revised as necessary during the life of the contract, with concurrence of the COR and Contracting Officer. The Contractor’s QCP shall include the following or have incorporated into during performance of contract, at a minimum:

i. An inspection plan covering all services required by this contract. The inspection plan must specify the areas to be inspected on either a scheduled or unscheduled basis, how often inspections will be accomplished and documented, and the title of the individual(s) who will perform the inspections.

ii. On-site records of all inspections conducted by the Contractor noting necessary corrective action taken. The Government reserves the right to request copies of any and/or each inspection.

iii. Incorporation of either active or established internal policy and procedures for updating equipment and procedures that may affect performance of contract.

iv. The methods for identifying and preventing deficiencies in the quality of service performed, before the level of performance becomes unacceptable and organizational functions noting intermediate supervisory responsibilities and overall management responsibilities for ensuring total acceptable performance.

v. On-site records identifying the character, physical capabilities, certifications and ongoing training of each employee performing services under this contract.

vi. A log to account for all requests for immediate service. The log shall indicate the date and time of services, and description of results and completion of these services.

vii. On-site records of any complaints or problems, with procedures taken to allow for corrections and/or elimination before effects caused interruption of performance of contract.

18. HISTORIC PRESERVATION

When the Contractor or any of the Contractor’s employees, prior to, or during the service work, are advised of or discover any possible archeological, historical and/or cultural resources, the Contractor shall immediately notify the COR verbally, and then with a written follow up.

19. PLACEMENT OF ORDERS

Delivery Orders for services at Dallas Fort Worth National Cemetery will be placed by the COR. Orders may be faxed to the contractor at the COR's discretion.

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.

20. BILLING/INVOICE FOR PAYMENT

Invoices shall be submitted in monthly in arrears, to the Director, Dallas Fort Worth National Cemetery, 2000 Mountain Creek Parkway, Dallas TX 75211.

21. AUTHORITIES OF GOVERNMENT PERSONNEL

Notwithstanding the Contractors responsibility for total management during the performance of this contract, the administration of the contract will require maximum coordination between the Government and the Contractor. The Government will provide, at the time of contract award, a list of Government personnel authorized to act as CORs.

22. LICENSES/PERMITS/INSURANCE

Contractors shall provide proof of insurance, licenses and permits required to perform the services in this contract within 10 days from date of award of a contract.

23. EXPOSURE OR ACCIDENTAL DISCOVERY OF REMAINS

In the event work on the gravesites results in exposure and/or damage to any remains, container for remains (i.e., casket or urn), or outer burial container, the Contractor shall IMMEDIATELY notify the Dallas Fort Worth National Cemetery Director, the COR and/or the CO; take immediate steps to cordon off, protect and cover any exposed remains, container for remains, or outer burial container; and STOP ANY FURTHER WORK on that gravesite. The Cemetery will take control of the remains and conduct the reburial. The Contractor may be responsible for costs associated with replacing burial containers (e.g.

caskets, urns, vaults). Work on the affected gravesite will not continue until the remains are properly secured by Cemetery staff; either through repositioning remains, removal of remains for safekeeping or repositioning of casket/vault/crypt. The Contractor will not reinter exposed remains or reposition outer burial containers.