36C78621Q0110 Long Island NATL CEM TREE SERVICES PROJECT.pdf

Contract Opportunity

Combined Synopsis/Solicitation Notice

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* = Required Field Contract Opportunity Combined Synopsis/Solicitation Notice

S218

Provide tree removal services at Long Island National Cemetery t

22172

36C78621Q01110

03-12-2021 12:00 pm EASTERN TIME, NEW YORK, USA

N

Tiered (SDVOSB, VOSB, SB)

561730

Department of Veterans Affairs National Cemetery Administration Contracting Services 18434 Joplin Road Triangle VA 22172

Eric Washington, Sr.

18424 Joplin Road

Triangle, VA

22172

USA

https://www.va.gov

Department of Veterans Affairs

Eric.Washington@va.gov

Contract Officer

RFQ FOR COMMERCIAL ITEMS

GENERAL INFORMATION

Document Type: Combined Synopsis Solicitation

Solicitation Number: 36C8621Q0110

Post Date: 02/24/2021 Site Visit: 03/8/2021 @ 10:00am

Question Due Date: 3/9/2021 @ Noon EST

Response Date: 03/12/2021 @ Noon EST

Applicable NAICS: 561730

Product Code: S208

Set Aside Type: Tiered: SDVOSB, VOSB, Small Business (SB)

Period of Performance: 60 Days

Issuing Contracting Office: Department of Veterans Affairs National Cemetery Administration 18434 Joplin Rd Triangle, VA 22172

Performance Location: Long Island National Cemetery

2040 Wellwood Ave.

Farmingdale, NY 11735

Attachments: A-C at the end of the document

This is a combined synopsis/solicitation for commercial items prepared in accordance with the format in Subpart 12.603 as supplemented with additional information included in this notice. This announcement constitutes the only solicitation; proposals are being requested and a written solicitation will not be issued.

This solicitation is issued as a Request for Quotation (RFQ), solicitation number 36C78621Q0110.

This solicitation incorporates provisions and clauses in effect through Federal Acquisition Circular (FAC) 2021-04 with an effective date of 1-19-2021.

NORTH AMERICAN INDUSTRIAL CLASSIFICATION SYSTEM (NAICS) CODE:

The (NAICS) code for this procurement is 561730. The business size standard is $8M.

This notice shall not be construed as a commitment by the Government to ultimately award a contract, nor does it restrict the Government to a particular acquisition approach.

The U.S. Department of Veteran Affairs, National Cemetery Administration, anticipates the award of a Firm- Fixed Unit Price type contract for tree pruning, removal and stump grinding services Long Island National Cemetery.

SITE VISIT: Offerors are urged and expected to inspect all sites where services are to be performed and to satisfy themselves regarding all general and local conditions that may affect the price of contract performance.

In no event shall failure to inspect a one or all sites constitute grounds for a claim after contract award.

Date: Monday March 8, 2021 at 10:00 am.

Location: Long Island National Cemetery

This is the only organized site visit. Vendors unable to be there may inspect on their own time; however, there will be no one to give a tour or answer questions.

POST AWARD CONFERENCE: A Post Award Conference will be held before commencement of any work.

RESPONSE TO REQUEST FOR QUOTATION (RFQ): Proposals are due to the Contract Officer no later than NOON EST on 3/12/2021. Responses to this announcement will result in a Firm-Fixed Unit Price contract. The Government intends to make award without discussions. All information submitted in response to this announcement is voluntary and the Government will not pay for information provided nor will it compensate any respondent for any cost incurred in developing information provided for the Government.

Offerors are responsible for obtaining any and all amendments or additional information concerning this announcement at beta.sam.gov.

SOLICITATION QUESTIONS:

All questions regarding this solicitation are to be submitted to the Contracting Officer, via email, no later than NOON pm EST, 03/09/2021. Questions pertaining to this announcement shall be sent by email to:

Eric.Washington@va.gov. Telephone inquiries will not be accepted.

PRICE SCHEDULE:

From Date of Award thru 60 days

CLIN Description Qty Unit Unit Price Estimated

Price

Pruning, removal and stump grinding of 32 trees of various sizes

1 JB $ __________ $ __________

TOTAL ESTIMATED

PRICE:

ESTIMATED QUANTITIES: The quantities indicated in the Price Schedule are estimated and not purchased by this contract. Should weather conditions result in the requirement for additional trees needing removal services, the Government reserves the right to increase the quantity of tree removal services required by this contract. Increases in quantity shall be executed by a contract modification.

All delivery orders are subject to the terms and conditions of this contract. Orders may be issued orally or written by facsimile, mail, text or e-mail.

The unit price is all-inclusive. Minimum order size is one unit, there is no guarantee of any order, maximum contract orders shall be no more than a 1 unit increase per year.

NCA anticipates ordering and the Contractor furnishing, the quantities & types of services stated in the Price Schedule. The Government, at its sole discretion, reserves the right to modify dates or increase/decrease estimated quantities based on unforeseen circumstances including changes in weather.

STATEMENT OF WORK

National Cemeteries are National Shrines that honor our Veterans with a final resting place and lasting memorials that commemorate their service to our Nation. Each cemetery receives visitors and standards of maintenance & appearance must reflect the Nation’s concern for those interred there.

Long Island National Cemetery grounds encompass approximately 364 acres of land and the cemetery tree population consists of over 4,000 deciduous hardwood and coniferous trees. The tree population is comprised of over 65 different species of trees representing 42 genera with several large hardwood shade trees on site. Long Island National Cemetery is a National Shrine that honors veterans with a final resting place and lasting memorials that commemorate their service to our Nation. The cemetery receives visitors, holds ceremonies and conducts committal services. Because of the cemetery’s special significance and attention it receives from the public, strict adherence to contract specifications is essential.

Cemetery Personnel Sue Nan Jehlen, Cemetery Director……………………… (631) 454-4952 Paul White, Assistant Director ……………………………(631) 454-4952 Robert Donnelly, Foreman ……………………………… (631) 454-4952 Facsimile #…………………………………………………(631) 694-5422

All services described in the Work Statement, including technical specifications, schedules, addenda, clauses, terms and conditions of the contract shall form the complete scope of work. The period of performance is from Date of Award through 60 days.

A.1 CONTRACT DEFINITIONS/ACRONYMS

(a) Business Hours & Days of Operation: Normal cemetery business hours / days of operation are 8:00AM to 4:30PM, Monday through Friday, excluding Federal Holidays.

(b) Contracting Officer (CO): VA official with the authority to enter into, administer, and/or terminate contracts. The Contracting Officer shall delegate one or more representatives to serve as the Contracting Officer’s Technical Representative (COR). All administrative functions remain with the VA Contracting Officer.

(c) Contracting Officer’s Technical Representative (COR): VA official responsible for providing contract oversight and technical guidance to the Contracting Officer. COR responsibilities include certification of invoices, placing orders for service, providing technical guidance to the Contractor and overseeing technical aspects of the contract.

(d) Cemetery Director (Administrator / Management Official): The Cemetery Director is the VA

Official responsible for day-to-day oversight of a National Cemetery, including burying veterans and eligible family members, and maintaining cemetery grounds as a national shrine.

The Cemetery Director and/or designee (hereon referred to as COR) are responsible for contract oversight.

(e) Contractor: The term “Contractor” as used herein refers to the prime Contractor, his/her employees, and any subcontractors and their employees. The Contractor is responsible for assuring its employees and subcontractors comply with all contract terms, conditions and provisions.

(f) National Cemetery Administration (NCA) Operational Standards & Measures: Provides standards for performance in the key cemetery operational areas of Interments, Grounds Maintenance, Headstones, Markers and Equipment & Facilities Maintenance. A copy of NCA Operational Standards shall be provided to the Contractor by the COR.

A.2 GENERAL REQUIREMENTS

(a) The Contractor shall furnish all supervision, labor, equipment, tools, materials and supplies necessary to provide tree pruning, removal and stump grinding services at the Long Island National Cemetery.

(b) Place of Performance:

CEMETERY ADDRESS ACREAGE

REQUIRED

SERVICES

Long Island National Cemetery 2040 Wellwood Ave.

Farmingdale, NY 11735

Deadwood Tree Pruning / Crown Raising / Tree Removal & Stump Grinding

A.2.1 Tree Removal: Trees to be removed range in height from 25 ft. – 60 ft. and have a diameter breast height (DBH) that ranges from 15 – 40 inches. Trees will be removed in accordance with all terms, conditions, specifications and requirements provided herein:

Removals:

SECTION NEAREST HEADSTONE REQUIREMENT

E 174 Removal

E 189 Removal

E 113 Removal

G 3686A Removal

G 4186 Removal

H 10166 Removal

K 19847C Removal

K 18874A Removal

L 21710 Removal

L 21727 Removal

M 26130 Removal

M 25915 Removal

N 31377 Removal

N 31440 Removal

N 31494 Removal

N 30405 Removal

O 12 Removal

O 113 Removal (2 Trees)

O 32434B Removal

X 53C Removal

3A 4874 Removal

3A 5069 Removal

3A 5207 Removal

East of Administration

Building N/A Removal (4 Trees)

Visitor Parking Lot Center

Island N/A Removal (3 Trees)

Between E & Columbarium

B 21 / 22 N/A Removal

A.3 SPECIFICATIONS

A.3.1 Tree Removal / Stump Grinding / Deadwood Tree Pruning

(a) Removal and pruning of all trees shall be accomplished under the direction and guidance of an

ISA Certified Arborist provided by the Contractor. All trees that are scheduled to be removed shall be topped prior to falling and all limbs over 3 ½” in diameter must be lowered to the ground by ropes. At no time should any branches, tree limbs or sections of the trunk be dropped to the ground or on any headstones. The Contractor will be responsible for any damage to the turf, roads or headstones caused by dropping parts of the tree.

(b) All stumps shall be ground to a minimum of 6" below soil level, or to the lateral roots, if reached before the specific depth. The Contractor shall never grind the stumps to the depth that would interfere with the roots of any adjacent tree(s) that the Government intends to retain.

All grindings will then be removed from the cavity of the stump. Stump cavities will be filled with clean topsoil, compacted and evenly graded. After grading has been completed the top soiled area will have grass seed (70% Perennial Ryegrass & 30% Kentucky Blue Grass) evenly applied and graded. All stumps shall be marked by the Contractor with a red cone or flag after the tree removal if they will not be ground out immediately after the removal so to avoid any tripping hazards for cemetery visitors.

All wood chip particles and debris from the tree removal / pruning shall be cleaned up thoroughly and removed from the cemetery daily. The Contractor shall take every precaution to prevent any falling branches or trees from damaging any headstones, roadways, adjacent plant material or structures.

(b) The Contractor shall be responsible for repair and or replacement to any damaged turf, headstones or other property. All repair work will be completed within ninety (90) days of commencement of work.

A.4.1 Debris & Waste Removal: Removal of debris and waste away from the cemetery grounds shall be the responsibility of the Contractor. At the end of each day, the Contractor will remove all pruning / trimming cuts, tree limbs, dead branches, bush / shrub / hedge clippings and other debris from the cemetery site resulting from the work. The Contractor shall ensure at all times that debris and waste 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.4.2 Communication & Coordination of Work with COR: Contractor shall participate in regular meetings with Government personnel and other Contractors at the cemetery to coordinate contract work schedules and contract related issues. Communication with the COR is strongly encouraged. Burial activities at NCA shall take precedence over contract work activities. Work activity and noise cannot disturb Burial Services. Trucks and workers are prohibited from passing through the service area during this period.

A.4.3 Cemetery Activities: To cause the least possible interference with cemetery activities, contract personnel will stop (cease) all work in areas where burials are taking place. As a general "rule-of-thumb", work should not take place within 1,000 feet of an ongoing committal service or ceremony.

The Site Manager will re-direct work 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 manner, the COR may then do so.

A.4.4 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 shall provide, at the time of contract award, a list of Government personnel authorized to act as Contracting Officer's Technical Representatives.

A.5 CONTRACT MANAGEMENT

a. Site Manager: A “Certified Arborist” shall serve as the “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 Certified Arborist must have not less than three (3) years experience as a direct supervisor of a commercial tree maintenance operation that has included large shade tree removal, tree pruning and stump grinding/removal in industrial, commercial or public sites and must be certified by International Society of Arboriculture. The Certified 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.

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

(c) The COR will notify the Site Manager of operations in specific areas of the cemetery to allow for Contractor coordination with daily cemetery activities and operations. Duties and responsibilities of the COR include day-to-day monitoring of the contract as follows:

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

(ii) Acts as technical liaison between the Long Island National Cemetery and the Contractor and between the cemetery and the Contracting Officer. (Note: The COR may not modify the intent or the terms and conditions of the contract.)

(iii) Placing orders for services.

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

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

(vi) COR will not direct Contractor Employees or arrange Contractor’s work schedule.

A.5.1 Contract Officer: All administrative contract functions are the responsibility of the VA Contracting

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

A.5.2 Payment: Upon completion of all tree removals, stump grinding and soil and seeding of stump cavities the Contractor shall submit an invoice in arrears for services rendered. Prior to certification of payment, invoices will be verified for accuracy by the COR. The COR shall verify the services provided and authorize payment. VA reserves the right to reject any work that does not meet contract specifications.

A.5.3 Site Manager: The Contractor shall provide a “Site Manager” who shall be on-site at all times during contract performance. This person shall speak fluent English, the language of the majority of the persons being supervised and have at least 3 years supervisory experience. The Site Manager shall be responsible for the following:

(i) Directing, overseeing and coordinating the work involved.

(ii) Ensuring that contract work does not cause any committal service, ceremony, procession or visitation to be delayed, altered, or otherwise impacted in such a way that the dignity, security, or safety of the event or visit is compromised.

A.5.4 Communication & Coordination of Work with COR: Communication with the COR (or designee) is strongly encouraged. Burial activities at NCA shall take precedence over contract work activities.

Work activity and noise cannot disturb Burial Services. Trucks and workmen are prohibited from passing through the service area during this period.

A.5.5 Notwithstanding the Contractors responsibility for total management during the performance of this contract, the administration of the contract shall require maximum coordination between the Government and the Contractor. The Government shall provide, at the time of contract award, the name of the Government personnel authorized to act as COR and ACOR.

A.5.6 Federal Holidays: All work required under this contract will be performed during normal business days and daylight hours between 8:00 am and 4:30 pm, local time, Monday through Friday, excluding Federal holidays. Deviations from the work schedule shall require prior written authorization from the COR. The following is a list of the Federal holidays:

New Year's Day Martin Luther King's Birthday President's Day Memorial Day Fourth of July Labor Day Columbus Day Veterans Day Thanksgiving Day Christmas Day

A.6 INSPECTION & MONITORING PROCEDURES

(a) A record keeping system of Contractor work performance shall be established and implemented by the VA COR for the services involved. The COR shall inspect all work performed and submitted by the Contractor for acceptance. The Government reserves the right to reject all work that does not meet contract specifications. Work rejected by the COR shall be re-performed without Price to the Government.

A.7 CONTRACTOR RESPONSIBILITIES

(a) The Contractor shall be aware of the intensive labor and equipment requirements needed to meet contract specifications. Inclement weather - other than prolonged snow cover or unusual amounts of rain will not be considered an excusable delay in 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.

(b) Contractor will provide covers to place over any headstones that are in direct proximity to any trees being removed. This is to ensure that any branches or tree debris that may fall during the removal process does not hit and damage any headstones

(c) All portions of the trunk and any tree limbs or branches over 3 ½ inches in diameter must be lowered to the ground by crane or ropes and may not be dropped. At no time may the contractor drop any branches onto cemetery headstones or turf.

If there are any headstones that may have to be removed in order to obtain access to a particular tree the Contractor will be responsible for alerting the COR and cemetery staff before doing any work in this location. The cemetery staff will be responsible for pulling and resetting the headstone or stones in question.

(d) The Contractor shall be aware of performance requirements necessary to meet contract specifications and deadlines. If the Contractor's work force is unionized, the Contractor will ensure the labor agreement has a “no-strike” provision to ensure Government contract requirements are met.

(e) The Contractor shall obtain all necessary licenses and permits necessary to perform the work involved and will take all precautions necessary to protect persons and property from injury or damage during the performance of this contract. Contractor is responsible for any injury or damage during the performance of this contract including injury to himself/herself, his/her employees, or others.

(f) The Contractor shall be liable 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.

(g) The Contractor shall maintain personal liability and property damage insurance prescribed by the laws of the State of New York.

(h) Cooperation with other Contractors: 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 other Contractors and with Government employees.

(i) More than one Contractor may have access to storage areas designated by the COR. The government is not responsible for any Prices associate with repairing or replacing Contractor(s) property while on cemetery property.

(j) The Contractor shall not operate trucks, tractors, or other heavy equipment on any turf areas except as provided in this contract or as authorized by the COR. The Contractor shall be responsible for repairing turf damage caused by the Contractor regardless of weather conditions, and at no additional Price to the government.

(k) The Contractor shall provide adequate safety warning devices, barricades and cover boards, etc., at all work sites to eliminate hazards from public visitors and cemetery employees at no Price to the government.

(l) At the end of each day, the Contractor shall remove all debris from the cemetery site. At all times rubbish and trash generated by the Contractor shall be kept clear of vehicular and pedestrian traffic throughout the site. The government shall not provide receptacles for the disposal of debris related to this contract.

(m) The Contractor shall possess and maintain all necessary insurance, licenses and permits required for contract performance. Contractor is responsible for any injury to himself/herself, his/her employees, as well as for any damage to personal or public property that occurs during the performance of this contract that is caused by his/her employees fault or negligence, and shall maintain personal liability and property damage insurance having coverage for a limit as required by the laws of the State of Virginia.

(n) Reporting "on-the-job" Injuries: The Contractor is required to report all "on-the-job" injuries incurred by the Contractor, its agents or employees, resulting from performance of this contract.

Contractor shall notify the COR (either orally or via telephone) within twenty-four (24) hours of the injury and provide details and exact location of the incident. This shall be followed up by a written notice to the COR. Any Contractor (including its agents and employees) that knowingly files a false claim may be criminally prosecuted.

A.8 STANDARDS OF EMPLOYEE CONDUCT

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

(a) Shall be fully clothed at all times, to include long slacks or pants and shirt, buttoned up from neck to waist. Clothing shall be clean each day. Any soiled clothing should be cemetery work-related that day. T-shirts and/or tank tops as outer garments are prohibited. Shoes/boots shall have no holes or loose soles. Steel-toed shoes shall be required in accordance with OSHA.

Contractor employees shall maintain personal hygiene.

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

(c) Shall not eat or drink beverages except water or non-alcoholic drinks while in the work area or in site 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 or monuments. No tools, equipment or other items shall be placed or leaned on headstones or monuments.

(e) SMOKING is not permitted in any buildings with the Quantico National Cemetery. This restriction includes offices, restrooms, stairwells, entrances, exits or any other public area.

(f) Use of Cemetery Facilities: The Government shall not be responsible for any loss, damage, or theft of Contractor items, nor shall free telephone service be provided. Contractor shall be responsible for acceptable standards of housekeeping and custodial maintenance of Department of Veterans Affair’s facilities used by Contractor's employees.

(g) The Government shall not provide the Contractor with any fuel storage, equipment or telephones. If available, electric and/or utilities at the designated work and storage areas may be provided for purposes of contract performance only. The Contractor shall take adequate safety precautions to prevent hazardous product spills, fire hazards, odors and unsanitary conditions.

(h) The Contractor is responsible for safely handling any chemicals in accordance with manufacturers recommendations. An MSDS (Material Safety Data Sheet) is required for all chemicals, pesticides, herbicides and cleaning solutions.

A.9 SUPERVISION & TRAINING

(a) The Contractor shall be responsible for maintaining satisfactory standards of personnel conduct and work performance and shall administer disciplinary action as required.

(b) The Contractor shall remove employees for cause, to include, but not limited to, misconduct in performance of duty under these specifications and/or conduct contrary to the best interests of the Government.

(c) The Contractor is responsible for safety / precaution training of Contractor employees performing work under the contact. OSHA standards shall be observed by the Contractor in all work performed. Appropriate safety equipment shall be furnished by the Contractor to Contractor personnel and shall be used as prescribed by OSHA standards, including hard hats, safety shoes, safety glasses, and hearing protection devices.

A.10 PERFORMANCE EVALUATION

(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 Contractor

Discrepancy Report (CDR) will be issued to the Contractor from the Contract Officer. 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”. When a CDR is received, the Contractor shall complete the applicable fields. The Contracting Officer will evaluate the Contractor's response and determine the next course of action.

(e) 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 the minutes of the meeting(s).

(f) 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.

(g) After a CDR is completed and the vendor's plan accepted by the CO/MPS COR the vendor shall have 1 month to carry-out the plan. After 30 calendar days, if there are any examples of missed standards then a remedy shall apply.

(h) 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. If the Contractor only achieves a partial satisfactory performance by the end of the next period or agreed suspense date, other remedies including penalties may be applied.

END STATEMENT OF WORK

CONTRACT CLAUSES AND SOLICITATION PROVISIONS:

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

ADDENDUM to FAR 52.212-4 CONTRACT TERMS AND CONDITIONS-COMMERCIAL

ITEMS

The following clauses are incorporated into 52.212-4 as an addendum to this contract:

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

This contract incorporates one or more clauses by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. Also, the full text of a clause may be accessed electronically at this/these address(es):

http://www.acquisition.gov/far/index.html http://www.va.gov/oal/library/vaar/ The following solicitation clauses apply to this acquisition:

(End of Clause)

FAR

Number

Title Date

52.204-13 SYSTEM FOR AWARD MANAGEMENT MAINTENANCE OCT 2018

52.204-18 COMMERCIAL AND GOVERNMENT ENTITY CODE

MAINTENANCE

AUG 2020

52.216-18 ORDERING, date of award, end of the fiscal year AUG 2020

52.216-19 ORDER LIMITATIONS, $1, $100,000, $100,000, 5 OCT 1995

52.216-21 REQUIREMENTS, the end of the fiscal year OCT 1995

52.217-8 OPTION TO EXTEND SERVICES NOV 1999

52.219-4 PRICE EVAL PREF FOR HUBZONE JUN 2020

52.219-6 NOTICE OF TOTAL SMALL BUSINESS SET-ASIDE

(DEVIATION 2019-01)

NOV 2011

52.219-14 LIMITATIONS ON SUBCONTRACTING (DEVIATION 2019-

01)

JAN 2017

52.232-40 PROVIDING ACCELERATED PAYMENTS TO SMALL

BUSINESS SUBCONTRACTORS (DEV AUG 2020)

DEC 2013

52.237-3 CONTINUITY OF SERVICES JAN 1991

52.242-13 BANKRUPTCY JUL 1995

52.242-15 STOP-WORK ORDER AUG 1989

852.219-74 LIMITATIONS ON SUBCONTRACTING—MONITORING

AND COMPLIANCE,

JUL 2018

852.204-70 PERSONAL IDENTITY VERIFICATION OF CONTRACTOR

PERSONNEL

MAY 2020

852.215-70 SDVOSB AND VOSB EVALUATION FACTORS DEC 2009

852.219-74 LIMITATIONS ON SUBCONTRACTING – MONITORING

AND COMPLIANCE (DEV)

JUL 2018

852.219-75 SUBCONTRACTING COMMITMENTS MONITORING AND

COMPLIANCE (DEV)

JUL 2018

852.237-7 KEY PERSONNEL OCT 2019

852.242-71 ADMINISTRATIVE CONTRACTING OFFICER OCT 2020

VAAR 852.212-70 PROVISIONS AND CLAUSES APPLICABLE TO VA ACQUISITION

OF COMMERCIAL ITEMS (APR 2020)

(a) The Contractor agrees to comply with any provision or clause that is incorporated herein by reference to implement agency policy applicable to acquisition of commercial items or components. The following provisions and clauses that have been checked by the Contracting Officer are incorporated by reference.

[X] 852.203–70, Commercial Advertising.

[X] 852.219-10, VA Notice of Total Service-Disabled Veteran-Owned Small Business Set-Aside. (DEV NOV 2020) e. By the end of the performance period for each order issued under the contract.

[X] 852.219-11, VA Notice of Total Veteran-Owned Small Business Set-Aside. (DEV NOV 2020) e. By the end of the performance period for each order issued under the contract.

[X] 852.232–72, Electronic Submission of Payment Requests.

[X] 852.270–1, Representatives of Contracting Officers.

[X] 852.273–74, Award without Exchanges.

(End of Clause) (End of Addendum to 52.212-4)

52.212-5 CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT STATUTES OR

EXECUTIVE ORDERS-COMMERCIAL ITEMS (JAN 2021)

The following subparagraphs of FAR 52.212-5 are applicable:

(a)(1), (a)(2), (a)(3), (a)(4), (a)(5), (a)(6), (b)(4), (b)(6), (b)(8), (b)(14), (b)(22), (b)(27), (b)(29), (b)(30), (b)(31), (b)(32), (b)(33), (b)(36), (b)(44), (b)(51), (b)(58), (b)(59), (c)(1), (c)(2), (c)(3), (c)(7), (c)(8).

WG5 tree Climber: $22.57 - $26.35.

52.212-1 INSTRUCTIONS TO OFFERORS-COMMERCIAL ITEMS (JUN 2020)

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

Provisions that are incorporated by reference (by Citation Number, Title, and Date), have the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available.

The following provisions are incorporated into 52.212-1 as an addendum to this solicitation:

52.252-1 SOLICITATION PROVISIONS INCORPORATED BY REFERENCE (FEB 1998)

http://www.acquisition.gov/far/index.html http://www.va.gov/oal/library/vaar/

(End of Addendum to 52.212-1)

52.212-3 OFFEROR REPRESENTATIONS AND CERTIFICATIONS-COMMERCIAL ITEMS

(JAN 2021) (JUL 2020) DEV

SBA ACT 8(d)(13)(B)

(B) NOTICE.—

(i) IN GENERAL.—A prime contractor for a covered contract shall notify in writing the contracting officer for the covered contract if the prime contractor pays a reduced price to a subcontractor for goods and services upon completion of the responsibilities of the subcontractor or the payment to a subcontractor is more than 90 days past due for goods or services provided for the covered contract for which the Federal agency has paid the prime contractor.

(ii) CONTENTS.—A prime contractor shall include the reason for the reduction in a payment to or failure to pay a subcontractor in any notice made under clause (i).

DIGNITY CLAUSE

Every action by Contractor personnel at a National Cemetery must be performed with the special care, reverence, dignity, and respect that acknowledge the cemetery as the final resting place that commemorates the service and sacrifice those service members, Veterans, and their families made for our Nation. Critically important is the awareness, required of the contractor employees, of the remains buried

FAR

Number

Title Date

52.204-6 UNIQUE ENTITY IDENTIFIER OCT 2016

52.204-7 SYSTEM FOR AWARD MANAGEMENT OCT 2018

52.204-16 COMMERCIAL AND GOVERNMENT ENTITY CODE

REPORTING

AUG 2020

52.209-7 INFORMATION REGARDING RESPONSIBILITY MATTERS OCT 2018

52.211-6 BRAND NAME OR EQUAL AUG 1999

52.216-1 TYPE OF CONTRACT, Requirements Fixed Unit Price APR 1984

52.225-25 PROHIBITION ON CONTRACTING WITH ENTITIES

ENGAGING IN CERTAIN ACTIVITIES OR TRANSACTIONS

RELATING TO IRAN—REPRESENTATION AND

CERTIFICATIONS

AUG 2018

in the grounds where the work is performed. The utmost care must be given to these remains and the headstones and flat grave markers that mark those gravesites and memorialize the service of individuals.

Contractors cannot walk, stand, lean, sit or jump on headstones or markers. Nor can they drive over them.

during performance of this work.

Additionally, should any activity result in the exposure and/or damage to any remains, container for remains (i.e., casket or urn), or outer burial container, the Contractor must contact the COR, Director/Assistant Director, and Contracting Officer (CO) for guidance.

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

The Contractor is required to discuss the guidance with their employees and have each employee sign a statement of compliance and deliver the signed statement to the COR before work may begin.

PROPOSAL SUBMISSION INFORMATION

All quotes shall be submitted by email to the Contract Officer by email by the date and time specified for close of the solicitation. Due to size restrictions more than one may have to be used. Emails should have the solicitation number and “email 1 of 2” or “email 2 of 2” in the subject line. There should be delivery and read receipts on each email in case proof of meeting the deadline is later needed.

Emails should be submitted in enough time that if you receive a rejected or undelivered email message, it can be responded to and still meet the deadline. In other words, waiting until a few minutes before the deadline to submit the package or submission on one email and have having it reject due to size are not acceptable excuses. That clearly shows an inability to: understand how much time your tasks require, project a timeline accurately and meet deadlines. The vendor acknowledges that the Government sees that as risk to the ability of the vendor to deliver orders on time.

INSTRUCTIONS TO OFFERORS--COMMERCIAL ITEMS

Evaluation Information:

This solicitation is being issued as tiered evaluation for SDVOSB concerns, or in the alternative, a set-aside for VOSB concerns, or in the alternative, a set-aside for other small business concerns with HUBZone small business concerns and 8(a) participants having priority. Tiered process will be used in conjunction with FAR Part 13; The award may be made without discussions.

Adequate competition exists if; (1) proposals are received from at least two responsible offerors if VOSB or three if SB; (2) each of whom can satisfy the contract's requirements independently; (3) both contend for a contract which will be won by the offeror whose proposal meets or exceeds technical requirement and; (4) price is reasonable.

If adequate competition is met as described in above and a proposal also meets the standards for the factors, the award procedure will be initiated. If adequate competition is not met, or prices are not reasonable, competition will proceed at the next lower tier. The process through the tiers will be executed as needed. If award cannot be made, the solicitation will be cancelled and the requirement resolicited.

The process through the tiers will be executed as needed in the manner below:

a. Offers submitted by eligible SDVOSB concerns will be evaluated in accordance with the solicitation and the CO will determine if an award can be made within the SDVOSB tier. If an award can be made within this tier, offers from the remaining tiers will not be considered for award. If no offers are submitted by eligible SDVOSB concerns, or if none of the offers will result in award at a fair and reasonable price, the evaluation will proceed to the next tier for VOSB concerns. SDVOSB offerors may be considered a second time for award in the tier for VOSB concerns.

b. Offers submitted by eligible VOSB concerns will be evaluated in accordance with the solicitation and the CO will determine if an award can be made within the VOSB tier. If an award can be made within this tier, offers from the remaining tiers will not be considered for award. If no offers are submitted by eligible VOSB concerns, or if none of the offers will result in award at a fair and reasonable price, the evaluation will proceed to the next tier for small business concerns.

VOSB offerors may be considered a second time for award in the tier for small business concerns.

c. Offers submitted by eligible small business concerns will be evaluated in accordance with the solicitation and the CO will determine if an award can be made within the small business tier.

Within this tier, HUBZone small business concerns and 8(a) participants will have priority over all other small business concerns. Among the HUBZone small business concerns and 8(a) participants, there is no order of precedence.

d. When evaluating proposals in any tier to determine price reasonableness, the VA contracting officer reserves the right to consider competitive proposals submitted from all offerors.

e. All offers containing subcontractors shall contain a teaming agreement which specifies the percentage of labor being performed by the subcontractor.

Only restating the SOW and/or not detailing the number of subcontractor’s laborers and exactly the work they will be doing may lead to your proposal being considered non-responsive.

Technically non-response proposals will be removed from further consideration.

The Government will award a Firm Fixed Unit Price Requirements contract resulting from this solicitation to the responsible offeror whose offer is the best value to the Government meeting or exceeding the acceptability standards with the possibility that a comparative analysis could lead the Government to reasonably determine that a Contractor’s better experience warrants payment of its higher proposed price. Offers will be evaluated by performing a comparative evaluation in accordance with FAR 13.106-2(b)(3) to determine which response represents the “best” as a whole.

Quotes may be evaluated by performing a direct comparison of one offer with another in a uniform manner to determine which proposal provides the government with its needs, as identified in the RFQ.

The government reserves the right to consider a response that offers more than the minimum and select that response if it provides a benefit to the government. The government has the discretion to accept a proposal, other than the lowest priced offer, that provides additional benefits. The government also has the discretion to make an award based on whether the lowest priced of the quotations/offers having the highest past performance rating possible represents the best benefit to the government.

The solicitation will use FAR Part 13 simplified acquisition procedures. The award may be made without discussion.

Technical Requirements: The proposal’s technical methodology should be a written narrative to explain exactly how you intend to perform the contract requirements. Please be sure it addresses these questions and does not only feature responses to the questions:

How long have you been in business?

Have you done this type of work for the Federal Government previously?

After award how long with it take for you to mobilize and be ready to start the contract?

After award how long will it take to be fully staffed to handle this site?

After award how long with it take you to have all the equipment on site when called?

List the brand and age of the motorized equipment and size and age of plows.

What are the plans for coverage during:

absences longer than a ½ day?

low staffing?

How long will it take you to replace staff?

What safety equipment will be provided by you?

How often and for how long will there be safety training?

What is the name of the person(s) who will be doing the following:

performing the safety training performing the QA doing the hiring

How often is upper management planning to be on site?

What proactive steps have you taken to remediate concerns that were brought to your attention?

What is your plan for ensuring continual communication with the CO, COR and your employees on and off site?

Subcontractor information:

What are the names of the subcontractor firms you plan to use?

What is the name of each subcontractor supervisor/Forman on site?

What work will they perform?

How many employees will they be using to perform the tasks?

Please explain your training plan for new employees. Include addressing the length of time to train new employees before they can work on their own.

All of the awardee’s 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. The on-site supervisor shall have a minimum of 3 years’ experience in grounds maintenance and three years supervising. This person shall be fluent in English and the languages spoken by the majority of the employees being supervised.

Please make sure resumes and certificates verify all requested information. Anything not verified will be taken to mean the person listed as performing the duty does not have the training or education to do so.

Proposals that fail to provide the information requested and address the above questions may lead to your proposal being considered non-responsive and removed from further consideration.

Information will be reviewed on how well it demonstrates an understanding of the work requirements (Adequate Performance Plan) Information will be reviewed on it demonstrating whether offerors will obtain and keep the quality of professional services needed for adequate contract performance, Information will be reviewed on it demonstrating whether offerors understand the speed of the work to be performed to deadline.

Past Performance: Past Performance will be evaluated for Quality of Service, Schedule, Business relations with Customers, Management of Key Personnel, Safety, Problem Resolution, Invoice Accuracy, and Overall Performance of the company in this area. Utilizing the Past Performance Questionnaire, offerors shall provide five (5) references within the last three (3) years that are similar in size and scope and that are deemed relevant to the requirement of this solicitation. The Government will use information submitted by the offeror and other additional sources such Federal Agencies as well as commercial sources in order to access past performances. In addition, the Government will also validate past performance information by utilizing the Federal Government’s Contractor Performance Assessment Reporting System (CPARS).

The questionnaire in conjunction with the CPARS and other allowable information will be utilized in validating an offeror’s past performance acceptability rating. Offerors are to demonstrate successful performance under contracts (ongoing or completed) which are similar in scope, magnitude, price, and complexity to the subject requirement. In cases where an offeror without a record of relevant past performance or for whom information on past performance is not available, the offeror may not be evaluated favorable or unfavorable, but will be given a neutral rating. Referrals where contact information provided cannot be reached telephonically or by email will not be considered. In cases where an offeror has relevant past performance, but chooses not to use it, the offeror may be evaluated “Unacceptable”.

Price: Price will be evaluated for reasonableness and realism:

Fair and Reasonable Determination A fair and reasonable price determination will be made through any combination of the following methods per FAR 15.404.

1. Comparison of proposed prices received in response to the solicitation.

2. Comparison of previously proposed prices and previous Government and commercial contract prices with current proposed prices for like items.

3. Use of parametric estimating methods/application of rough yardsticks to highlight significant inconsistencies that warrant additional pricing inquiry.

4. Comparison with competitive published price lists, published market prices of commodities, similar indexes, and discount or rebate arrangements.

5. Comparison of proposed prices with independent Government PRICE estimates.

6. Comparison of proposed prices with prices obtained through market research for the same or similar items.

7. Analysis of pricing information provided by the offeror.

Because below-PRICE prices are not inherently improper, when vendors are competing for award of a fixed-price contract, vendors are given notice that a business decision to submit a low-priced quotation may be considered as reflecting on their understanding of the contract requirements or the risk associated with their approach.

Offerors are cautioned against submitting an offer that contains unbalanced pricing. Unbalanced pricing exits when, despite an acceptable total evaluated price, the price of one or more contract line items for the base and or option years is significantly overstated or understated as indicated by the application of analysis techniques. Offers that are determined to be unbalanced may be rejected if the lack of balance poses an unacceptable risk to the Government.

Evaluation Review Criteria An evaluation of the technical proposal will be made to ensure satisfactory responsiveness to the requirements as set forth in this solicitation. The technical capabilities/specifications will be reviewed using the following criteria:

(1) Technical: Equipment List

Description Proposal does not meet the minimum requirements of the solicitation with enough equipment and adequate in size, age or type.

Proposal does not clearly meet the minimum requirements of the solicitation. There would be some risk with the amount, type or age of the equipment.

Proposal meets the…