36C78620Q0150-001.docx

36C78620Q0150

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

9230-000026 36C78620Q0150 03-17-2020 David Boyd 03-31-2020

11:59 PM

36C786 Department of Veterans Affairs National Cemetery Administration Contracting Services 18434 Joplin Road Triangle

VA

22172 X X 561730 $8 Million N/A X Great Lakes National Cemetery 4200 Belford road Holly

MI

48442 36C786 Department of Veterans Affairs National Cemetery Administration Contracting Services 18434 Joplin Road Triangle

VA

22172 http://www.tungsten-network.com/customer -campaigns/veterans-affairs/

1-877-752-0900 See CONTINUATION Page Great Lakes National Cemetery - Grounds Maintenance Contractor shall provide services in accordance with the Statement of Work (SOW).

Period of Performance Base: Anticipated date of award through 4/30/2021 Available Options: Four (4) Twelve (12) Month Periods.

Contractor DUNS:

Obligation Number to reference for Invoicing Puroposes: TBD Contracting Point of Contact: David Boyd david.boyd7@va.gov See CONTINUATION Page X X 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:

b. GOVERNMENT: Contracting Officer 36C786 Department of Veterans Affairs National Cemetery Administration Contracting Services 18434 Joplin Road Triangle VA 22172

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:

Statement of Work

All services described in the Statement of Work, including technical specifications, schedules, addenda, clauses, terms and conditions of the contract shall form the complete scope of work. Contractor shall provide all labor, supervision, material, equipment, tools and supplies to complete the required grounds & facility maintenance services to maintain the National Cemetery following National Cemetery Administration standards. Contract period will consist of a base period from Date of contract award, through 365 days, with up to four (4) one-year options. Units and services to be in accordance with Statement of Work, Technical Specifications, and terms and conditions contained in this solicitation. Delivery of all items under this contract is FOB Destination and is subject to inspection and acceptance by the NCA Contracting Officer’s Representative (COR).

The Contractor shall ensure that grounds maintenance operations are performed at the Cemetery in a manner that shall maintain healthy grass, trees, shrubs, and plants; and present a groomed, clean, neat, and professional appearance. Services include, but are not limited to maintenance of grounds, regular mowing, weed eating, blade edging, trimming, removal of leaves and debris, as well as, sweeping or blowing off roads and sidewalks, maintenance of gravesites and headstones, the raising and realignment of headstones, washing headstones, initial and replacement headstone installation and maintenance, turf maintenance, trash removal, snow and ice removal.

1. CONTRACT OBJECTIVES

Under this effort, the successful contractor shall be responsible for full management of the Cemetery operations and maintenance as described herein. All services described in the Statement of Work, including technical specifications, schedules, addenda, clauses, terms and conditions of the contract shall form the complete scope of work.

The Government is seeking to hire a Contractor who will be responsible for:

1. Providing all grounds maintenance services including, but not limited to: maintenance of grounds, regular mowing, weed eating, blade edging, trimming, removal of leaves and debris, sweeping or blowing off roads and sidewalks, and trash removal.

2. Turf Maintenance: Aeration and seeding of turf;

3. Trimming turf surrounding a headstone to its recommended height;

4. Initial and replacement headstone setting.

5. Maintenance of gravesites headstones and re-establishment of turf;

6. Headstone cleaning and raise and realignment maintenance;

7. Snow and ice removal.

8. Provide all tools, vehicles, sod etc. to perform the required duties.

9. Provide a safe working environment for contractor, as well as, cemetery staff.

10. Shall reference back to and follow the National Standards and a copy will be provided by COR.

2. STANDARDS OF EMPLOYEE CONDUCT

Contractor and contractor personnel shall be required to adhere to the following standards of dress and conduct while performing work in the National Cemetery. These standards and regulations are enforceable under Title 38, U.S.C. Section 218.

Contractor personnel shall be required to adhere to the following standards of dress and conduct, as briefly mentioned here, while performing work in the National Cemetery. These standards and regulations are enforceable under Title 38, U.S.C., Part I, Chapter 9, Section 5901.

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

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

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

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

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

6. The only designated smoking area for contract personnel of the Great Lakes National Cemetery is located by the maintenance building. All other areas are designated as NO SMOKING.

The Contractor shall discuss the guidance in this paragraph and in the Attachments 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, included in the Attachments. 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.

3. USE OF CEMETERY FACILITIES

a. The Government will provide a staging area on site for contractor operations.

b. The Government will not be responsible for any loss, damage, or theft of contractor items, nor will free telephone service be provided. Contractor shall be responsible for acceptable standards of housekeeping and custodial maintenance of both the Department of Veterans Affairs facilities and Contractor-installed facilities used by the Contractor's employees.

c. The Government will furnish a storage building or area at the Cemetery site for use by the Contractor to store supplies and equipment. Area Dimensions are 18’3”x 10’7”x 12’

d. The Government will furnish a rest room facility.

e. Any hazardous substance that is used and which is a standard practice within the cemetery industry must be handled, stored, and transferred in accordance with all OSHA, EPA, and DOT laws, regulations, and recommendations.

f. 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.

g. Electricity, water and phone services will NOT be furnished by the Government for the Contractor’s work area. However, government will provide all electricity and water used on and for the Cemetery facility.

h. Parking: Contractor employees may park privately owned vehicles in the area designated for parking by the COR. It is the responsibility of the Contractor to ensure his/her employees park in the appropriate designated 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 another appropriate jurisdiction/agency.

5. 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 Michigan.

6. SUPERVISION AND TRAINING

a. The Contractor shall provide a Supervisor who speaks and writes fluent English and the language of the majority of the employees being supervised to be on site at all times when Contractor personnel are on the premises. The Contractor Supervisor must have not less than five (5) years of experience as a direct Supervisor of grounds maintenance operations that included mowing, trimming, edging, and cleanup in industrial, commercial or public sites. Site Supervisor/foreman is required to hold a 10-hour OSHA certification.

b. 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.

c. 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.

d. 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 shall first immediately comply with COR direction pending any CO final resolution at a later time or date. The Contractor shall 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.

e. 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:

1) National Fire Protection Association (NFPA): 10-1998 Standard for Portable Fire Extinguishers

2) 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.

3) 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.

7. INSPECTION AND CLEANING OF CEMETERY FACILITIES

a. The Contractor shall perform a daily inspection. During this inspection the appearance of the Cemetery shall be observed, and any deficiencies noted within the scope of the contract shall be corrected as soon as practicable. Items that need correcting outside the scope of the contract shall be reported to the Contracting Officer or his representative.

b. The Contractor shall be responsible for ensuring committal service area is free of debris regularly.

c. The Contractor shall be required to submit daily inspection reports/checklists and work accomplished to the COR weekly. The inspection forms/checklists shall be provided to the Contractor (see “Work Summary and Progress Report”, Attachments)

8. MAINTENANCE 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 event.

b. Work noise during the interment services shall not disturb the service. Trucks and workers 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.

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

9. PERFORMANCE EVALUATION MEETING

a. The issuance of a Contract Discrepancy Report (CDR), found in Attachments, 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 calendar days of submission of any objections.

10. 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 including, but not limited to termination for default.

11. CONTRACTOR’S QUALITY CONTROL PLAN (QCP)

1) NCA Standards and Measures:

a) Standard 6.1: Daily grounds maintenance activities do not detract from the dignity and solemnity of the cemetery.

(1) Measure 6.1: The number of complaints that are received as a result of operations, noise, equipment, etc. that intruded on the visitor’s experience.

(2) Target 6.1: 0 complaints.

b) Standard 6.2: All areas where cemetery operations have been conducted are neat, clean and free of debris and equipment at the end of the workday.

(1) Requirement 6.2a: Debris, equipment, tools and supplies are removed at the conclusion of each task or at the end of the workday.

(2) Requirement 6.2b: Roads, walkways, shelters and burial sections are free of grounds maintenance debris by the end of the workday.

(3) Target 6.2: 100% compliant.

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 Contractor’s QCP shall include the following or have incorporated into during performance of contract, at a minimum:

a. An inspection plan covering all services required by this contract. The inspection plan shall 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.

b. 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. Failure to maintain these records may result in adverse Government actions.

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

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

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

f. 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.

g. 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.

12. 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.

13. EXPOSURE OR ACCIDENTAL DISCOVERY OF REMAINS

Should any on-site activity, incident, emergency, or disaster result 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 COR, the Great Lakes National; Cemetery Director and/or the CO; take immediate steps to protect and render safe any exposed remains; and stop any further work until the Cemetery Director provides the Contractor guidance regarding disposition of the remains and permission to proceed.

14. WORK ENVIRONMENT AND WEATHER CONDITIONS

a. All work under this service contract shall be performed primarily out-of-doors and personnel performing these services will be exposed to wind, sun, cold, dampness, frost, fog and rain. 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. Weather will not be considered an excusable delay in meeting specifications or project schedule. The Contractor understands that it may be necessary to work throughout all weather conditions (unless highly extreme, causing equipment rutting and/or hazards, and dangerous to employees or public) and to apply additional labor and equipment as necessary to meet deadlines, at no additional cost to the Government.

b. Due to the sensitive mission of the Cemetery, the work could occasionally involve contact with and/or exposure to grieving individuals. Contractor personnel shall exercise and exhibit absolute decorum, composure and stability at all times and refer such individuals to Cemetery Staff.

15. SAFETY AND ENVIRONMENTAL PROTECTION

a. The Contractor shall be responsible to ensure all work shall be done in a manner that safeguards all VA visitors, employees, and public. The Contractor shall be solely responsible for any and 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, etc., and be consistent and fully compliant with all applicable Federal, State, County and City laws, ordinances, Right-to-Know laws, EPA guidelines, and regulations.

b. Matters related to safety, and any actions of the Contractor shall meet all safety requirements, Department of Veterans Affairs, OSHA, and the State. It is incumbent upon the Contractor to be familiar with these requirements.

c. Adequate warning devices, barricades, guards, flagmen or other necessary precautions shall be provided by the Contractor at all work sites to eliminate hazards and for the protection, safety, and warning of all public visitors, pedestrians, cemetery employees, and vehicular traffic within the area. All open and unattended holes in the ground must be covered with plywood and/or barricaded for pedestrian safety.

d. Spill Prevention, Containment, and Clean-up: The Contractor shall contain, clean up, and report all spills on Government property in a manner that complies with all applicable Federal, State, and Local laws and regulations or otherwise stated herein, and the installation spill control plan at no cost to the Government.

e. Dust Control: Keep dust down at all times, including during nonworking periods. Sprinkle or treat with dust suppressants, soil at the site, haul roads, and other areas disturbed by operations. Street sweeping or vacuuming methods shall minimize the introduction of fugitive dust and fine particulates into the air. Sweeping shall be collected and disposed of as municipal waste.

16. FIRE SAFETY

a. Applicable Publications: Publications listed below form part of this Article to extent referenced. Publications are referenced in text by basic designations only.

1) National Fire Protection Association (NFPA):

i. Standard for Portable Fire Extinguishers

ii. Flammable and Combustible Liquids Code

2) Occupational Safety and Health Administration (OSHA)

i. 29 CFR 1926, Safety and Health Regulations for Construction

b. Fire Safety Plan: Establish and maintain a fire protection program in accordance with 29 CFR 1926.

c. Means of Egress: Do not block exits for occupied buildings, including paths from exits to roads. 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.

d. Situate temporary facilities, such as trailers and dumpsters, away from existing buildings and new construction by distances in accordance with NFPA 241. For small facilities with less than 6 m (20 feet) exposing overall length, separate by 3m (10 feet).

e. Fire Extinguishers: Provide and maintain extinguishers in construction areas and in accordance with 29 CFR 1926, NFPA 241 and NFPA 10.

f. Flammable and Combustible Liquids: Store, dispense and use liquids in accordance with 29 CFR 1926, NFPA 241 and NFPA 30.

g. Smoking: Smoking is prohibited except in designated smoking rest areas approved by the COR.

17. OPERATIONS

a. It is understood the Government will not be held responsible for any damage to or loss of the Contractor’s equipment, materials, supplies or the like which may result from vandalism, theft etc. while on site. The Contractor shall be responsible for maintaining fire extinguishers and other safety equipment.

b. The Contractor shall hold and save the Government, its officers and agents, free and harmless from liability of any nature occasioned by the Contractor's performance.

c. All utilities to this area are the responsibility of the Contractor. Electrical power is to be supplied by either a Contractor-owned generator or by the local power company. Secondary service runs and the cost of power are the Contractor’s responsibility.

18. DISPOSAL AND RETENTION

a. Contractors shall be responsible for cleaning structures, headstones/flat makers, monuments, and roadways that are soiled or stained as a result of Contractor’s performance. The Contractor shall clean with water all soiled or stained structures headstones/flat markers, and monuments at the end of each workday. Roadways shall be cleaned each day as needed to keep the existing roads free from dirt and mud resulting from Contractor operations. No hazardous chemicals are to be used at any time on Government property with the exception of herbicide treatments. The Contractor shall bear all costs associated with washing and cleaning. Any such washing/cleaning shall be brought to the immediate attention of the COR prior to washing/cleaning.

b. At the end of each day the Contractor shall remove all debris from the Cemetery site resulting from the work. The Contractor shall ensure at all times that rubbish and trash generated by the Contractor is kept clear of vehicular and pedestrian traffic throughout the site.

c. The Government will not provide receptacle(s) for disposal of debris related to this contract. The Contractor shall provide his/her own means of removing daily. The Contractor shall dispose of all debris and other waste materials at a licensed off-site landfill unless otherwise directed by the COR.

d. The Contractor shall dispose of all hazardous waste in accordance with the Resource Conservation and Recovery Act (RCRA) and all other applicable Federal, State, and Local law and regulations. On-installation storage or disposal of hazardous waste is NOT allowed.

19. PROTECTION OF EXISTING VEGETATION, STRUCTURES, EQUIPMENT, UTILITIES, AND IMPROVEMENTS

a. The Contractor shall preserve and protect all structures, equipment, and vegetation (such as trees, shrubs, and grass) on or adjacent to the work sites, which are not to be removed and which do not unreasonably interfere with the work required under this contract. The Contractor shall only remove trees when specifically authorized to do so by the CO and shall avoid damaging vegetation that will remain in place. If any limbs or branches of trees are broken during contract performance, or by the careless operation of equipment, or by workers, the Contractor shall trim those limbs or branches with a clean cut and remove and properly dispose of from the site as defined herein.

b. The Contractor shall protect from damage all existing improvements and utilities at or near the work site and on adjacent property of a third party, the locations of which are made known to or should be known by the Contractor. The Contractor shall immediately notify the COR of any such occurrence and repair any damage to those facilities, including those that are the property of a third party, resulting from failure to comply with the requirements of this contract or failure to exercise reasonable care in performing the work. If the Contractor fails or refuses to repair the damage promptly, the Contracting Officer may have the necessary work performed and charge the cost to the Contractor.

c. Refer to Articles, "Inspections and Surveys", "Restoration", and "Operations and Storage Areas" for additional instructions concerning repair of damage to structures and site improvements.

20. RESTORATION

a. Contractor shall remove, cut, alter, replace, patch and repair existing work as necessary. Except as otherwise shown or specified, shall not disturb any water, steam, gas, or electric services without prior approval of the COR or Contracting Officer. Existing work to be altered or extended and that is found to be defective in any way, shall be reported to the COR before it is disturbed. Materials and workmanship used in restoring work shall conform in type and quality to that of original construction, except as otherwise shown or specified.

b. Upon completion of Contract, Contractor shall deliver work complete and undamaged. Existing cemetery features (lawns, paving, roads, and walks) disturbed or removed as a result of performing required new work, shall be patched, repaired, reinstalled, or replaced with new work, and refinished and left in as good condition as existed before commencing work. All restoration work shall be accomplished without undue delay.

c. At Contractor's own expense, Contractor shall immediately restore to service and repair any damage caused by Contractor's workmen/subcontractors to existing cemetery infrastructure.

21. USE OF ROADWAYS

The Contractor shall, under regulations prescribed by the Contracting Officer or COR, use only established roadways, or use temporary roadways constructed by the Contractor when and as authorized by the COR or Contracting Officer. When materials are transported in prosecuting the work, vehicles shall not be loaded beyond the loading capacity recommended by the manufacturer of the vehicle or prescribed by any Federal, State, or local law or regulation. When it is necessary to cross curbs or sidewalks, or similar construction the Contractor shall protect them from damage by well-constructed bridges. The Contractor shall repair or pay for the repair of any damaged curbs, sidewalks, or roads.

22. WORK PERFORMED BY OTHERS ON SITE

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, and needing any direction, it shall be provided by the COR. The Contractor Supervisor shall be responsible for reporting to the COR any problems or questions that may arise with any other personnel on site during the period of performance of this contract. The Contractor Supervisor 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 to resolve the issue.

23. REPORTING AND RECORD KEEPING

a. The Contractor Supervisor shall report on a daily basis to the COR at the Cemetery and check in. This DAILY check-in is mandatory and shall be at a time agreed upon by the COR and the Contractor Supervisor within the requirements of paragraph “b” below. Comment by Baumgartner, Sean: Log-in to what???

b. The purpose of the DAILY meeting is to coordinate and establish the daily work schedule to ensure that no work is being performed at the immediate site of a scheduled interment or ceremony, and to submit the required written reports to the COR. These Daily meetings are for the Contractor Supervisor to ask questions and ensure he/she understands the off-limit areas, which may vary depending on the event. The Contractor Supervisor 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 Supervisor fails to re-direct employees away from an event in a timely fashion, the COR may then assist in doing so.

The Contractor Supervisor or his designee shall provide the COR the following documentation:

c. The Contractor Supervisor shall provide WEEKLY and DAILY work schedules to the COR. The contractor is required to schedule all required services and is further required to comply with his schedule except for delays beyond his control. Such delays shall be coordinated through the COR. The work schedule shall include deficient work identified by contractor's quality control inspections and not yet corrected.

d. The Contractor shall submit the WEEKLY schedule every Friday by 3:00 P.M. indicating the work to be performed during the following week and the DAILY schedule shall be submitted on a daily basis by 8:00 A.M. indicating work being performed on that day.

e. The Contractor Supervisor shall provide weekly an accurate written report identifying all work that took place within the previous seven calendar days. The contractor shall document services performed, indicate the location where work was to be performed, and provide information to the COR as required.

f. A list of scheduled ceremonies will be provided to the Contractor Supervisor the week prior to the scheduled events, and a list of scheduled committal services will be provided daily. The Contractor Supervisor shall be solely responsible for ensuring that no contract work causes any committal service, 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 shall be solely responsible for staying abreast of all such upcoming events and when in doubt, he/she must ask the COR.

g. The Midwest District (MWD) will provide each Cemetery with the correct Gravesite Layout Map(s) prior to beginning the raise and realignment (R&R) process. The COR or Cemetery Director/designee shall conduct an initial gravesite verification survey prior to the R&R of any headstone or marker in the Cemetery. The COR will obtain a copy of the Burial Register Report from the Burial Operation Support System (BOSS) and current gravesite layout map(s) obtained from the Midwest District for the verification survey. The Burial Register Report and gravesite layout map(s) will be used to verify the section, row, grave number, first and last name of each decedent and the condition of the headstone/marker included in the contract services. All inconsistencies will be researched, discussed and resolved with the Executive Cemetery Director or designee prior to the R&R of any headstone or marker. Upon completion of the verification survey and corrective actions as necessary, the COR shall certify the survey by signing the Headstone/Marker Raise & Realign Verification Survey sheet (see Attachment 4). A copy of the signed Headstone/Marker Raise & Realign Verification Survey sheet shall be forwarded to the Contracting Officer (CO) which will be incorporated into the contract files and provided to the Contractor prior to R&R; a copy of the survey will be maintained by the Cemetery. Additional copies of the survey will be retained by the COR for the official contract files. The CO will give the approval to begin the R&R process.

h. The Contractor shall complete and submit DAILY, prior to the completion of each work day during which R&R activities take place, a Daily Headstone/Marker Raise & Realign Verification Survey for all headstones and markers raised & realigned (see Attachment 5). The COR/Cemetery Director/designee will verify the accuracy of the placement of headstones or markers on the correct gravesite using the same Burial Register Report and gravesite layout map(s) that were used for the initial headstone/marker verification survey. DAILY, the COR will inform the Contractor Supervisor of all identified inconsistencies and ensure corrective actions are completed that day. The Daily Headstone/Marker Raise & Realign Verification Survey will be maintained by the COR for certifying payments for completed work, tracking project progress and other administrative needs.

i. The Contractor’s performance and progress on this contract shall be measured weekly based on how timely, accurately, and adequately he/she accomplishes and completes the weekly work scheduled and as needed to systematically accomplish the contract work over the duration of the project. In instances where the COR determines that the work is behind schedule, he will notify the Contracting Officer and the Contractor shall increase workforce and/or hours of operation at no additional cost to the Government in order to achieve completion of the contract work within the specified timeframe.

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

24. EMPLOYEE REQUIREMENTS

a. The Contractor shall be responsible to ensure Contractor employees providing work on this contract are fully trained and completely competent to perform the required work. All work performed shall be done in a first-class manner and in accordance with good commercial practices.

b. All managerial/supervisory employees including those on site in supervisory roles shall be direct hires of the Prime Contractor. Labor shall be employed such that 50% of the actual salaries and wages for time attributed on this contract are from actual Prime Contractor employees.

c. Labor Force and Equipment: The Contractor shall be aware of the intensive labor and equipment requirements needed to meet contract specifications. Contractor shall be responsible to provide all labor and equipment as necessary to meet deadlines. The Contractor will provide all necessary resources to complete the efforts assigned under the scope of this contract.

d. Employee Listing: The Contractor shall maintain and provide the COR a current list of all employees on site including subcontractor personnel. The list shall include the employee’s name, job title, and driver’s license number.

e. Employee Identification: The Contractor's employees shall wear visible identification at all times while on the premises of the Cemetery.

f. Contractor personnel shall park only in the COR approved parking identified for this project. Workers are not allowed to park throughout the cemetery grounds, and violation of this requirement shall form the basis for immediate contract enforcement action, to include immediate removal from the Cemetery.

g. The Contractor shall be responsible to ensure that his/her employees (including contractor’s consultants, subcontractors, etc.) are aware of all the terms and conditions regarding their performance and conduct during the performance period of this contract.

h. 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 agency/jurisdiction.

i. Contractor personnel are subject to rules of the Cemetery applicable to their conduct.

25. ORIENTATION FOR CONTRACTOR EMPLOYEES

The contractor shall be responsible to ensure that contractor employees coming to the work site will receive complete information on each of these subjects:

· Safety, Environmental Protection, and Fire Safety.

· Project Work Schedule, Rules Pertaining to Employee Requirements and Conduct, General Parameter Job Related Issues.

· Disaster procedures.

· All technical requirements and work procedures of the contract.

26. WORK HOURS

a. Work may be performed between the hours of 8:00 a.m. to 4:30 p.m. local time, Monday through Friday except observed Federal Holidays or unless otherwise directed by the COR. At Contractor request and with the written permission of the COR, work may also be permitted to be scheduled during weekends and/or Holidays. When situations prohibit work completion during the normal work week, (such as weather-related or contractor-caused delays), then the Contractor will make arrangements with the COR to work on weekends, as needed, in order to meet the requirements of performance within the period specified. The Government will not compensate the Contractor for any alternate work schedules needed for the Contractor to complete all contract work within the specified period of performance.

After Normal Hours/On-Call/Emergency Situations

b. 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 including during weekends, Federal Holidays and after normal hours of operation. The Contractor shall provide phone, pager and cell phone numbers for emergency and/or after hour’s situations. Repairs shall be made as expeditiously as circumstances allow or within (24) hours upon initial emergency call.

c. Contractor shall provide name/telephone number(s) for Project Manager (Home Office), Supervisor, and Foreman, including normal and after hours contact numbers, cell and fax numbers.

d. If work is authorized to be performed after hours or on weekends/holidays and an emergency should occur, the Contractor shall contact the COR and the Cemetery Director. In the absence of the COR and the Executive Cemetery Director, the Contractor shall contact the local police.

e. Federal Holidays. The Federal Government observes the following holidays: New Year’s Day, Martin Luther King Jr.’s Birthday, President’s Day, Memorial Day, Independence Day, Labor Day, Columbus Day, Veteran’s Day, Thanksgiving Day, and Christmas Day. Special Event Setup will be required during Memorial Day weekend activities. In addition, as a service to all Veterans and their families, a National Cemetery will never go more than two days without offering interment times and the NCA will accommodate internments when there is a three-day holiday. The Contractor shall provide interment services during these special instances.

27. PERMITS, LICENSES AND INSURANCE

The Contractor shall be responsible for obtaining all necessary and current licenses, permits, vehicular insurance and registration, Workman’s Compensatory Liability Insurance, property liability insurance etc., prior to the commencement of work. The Contractor shall provide the Contracting Officer copies of these required documents within 10 days from date of award of a contract, before expiration of existing documents and as other times where the COR deems necessary during the duration of the project.

28. CONTRACTOR-FURNISHED ITEMS

a. The Contractor shall be responsible for supplying all equipment, personnel, tools, supplies and materials necessary to perform the services required by this contract.