36C79125Q0013_1.pdf

PAGE 1 OF 1. REQUISITION NO.

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

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

TIME

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

SMALL BUSINESS

HUBZONE SMALL

BUSINESS

SERVICE-DISABLED

VETERAN-OWNED

SMALL BUSINESS

WOMEN-OWNED SMALL BUSINESS

(WOSB) ELIGIBLE UNDER THE WOMEN-OWNED

SMALL BUSINESS PROGRAM

EDWOSB

8(A)

NAICS:

SIZE STANDARD:

11. DELIVERY FOR FOB DESTINA-

TION UNLESS BLOCK IS

MARKED

SEE SCHEDULE

12. DISCOUNT TERMS

13a. THIS CONTRACT IS A

RATED ORDER UNDER

DPAS (15 CFR 700)

13b. RATING

14. METHOD OF SOLICITATION

RFQ IFB RFP

15. DELIVER TO CODE 16. ADMINISTERED BY CODE

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

TELEPHONE NO. UEI: EFT:

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. NOV 2021)

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

7. FOR SOLICITATION

INFORMATION CALL:

STANDARD FORM 1449

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES

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

36C79125Q0013 01-23-2025

Christopher Seitler 720-497-2321 02-14-2025

5:00PM EST

Department of Veterans Affairs

Commodities & Services Acquisition Svc

One Block North of 22nd Street

Hines IL 60141-7005

X 100

X

561730

$9.5 Million

N/A

Tungsten Network

See CONTINUATION Page

Ground Maint & Snow Removal for Base Year and 4 Option Years

Landscaping, Snow Removal and Salting, Asphalt Repair, Asphalt Sealing and Lining, Rainwater Pond and Pump Maint, IAW with Performance Work Statement/SOW

Work will be performed on the property of the VA Hines

Site Visit pending for February 3rd, 2025 @ 10:00am CST

WD 2015-5017 Rev 28 Applies

See CONTINUATION Page

X X

Regina Rockwood

36C79125Q0013

Table of Contents

SECTION A

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

AND COMMERCIAL SERVICES

SECTION B - CONTINUATION OF SF 1449 BLOCKS

B.1 CONTRACT ADMINISTRATION DATA

B.2 PRICE/COST SCHEDULE

ITEM INFORMATION

SECTION C - CONTRACT CLAUSES

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

AND COMMERCIAL SERVICES (NOV 2023)

C.2 52.217-8 OPTION TO EXTEND SERVICES (NOV 1999)

C.3 52.217-9 OPTION TO EXTEND THE TERM OF THE CONTRACT (MAR 2000) ...22

C.4 SUPPLEMENTAL INSURANCE REQUIREMENTS

C.5 VAAR 852.219-73 VA NOTICE OF TOTAL SET-ASIDE FOR CERTIFIED

SERVICE-DISABLED VETERAN-OWNED SMALL BUSINESSES (JAN 2023)

(DEVIATION)

C.6 VAAR 852.219-75 VA NOTICE OF LIMITATIONS ON SUBCONTRACTING—

CERTIFICATE OF COMPLIANCE FOR SERVICES AND CONSTRUCTION (JAN 2023)

(DEVIATION)

C.7 VAAR 852.232-72 ELECTRONIC SUBMISSION OF PAYMENT REQUESTS (NOV

2018)

C.8 VAAR 852.242-71 ADMINISTRATIVE CONTRACTING OFFICER (OCT 2020)

C.9 52.252-2 CLAUSES INCORPORATED BY REFERENCE (FEB 1998)

C.10 52.212-5 CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT

STATUTES OR EXECUTIVE ORDERS—COMMERCIAL PRODUCTS AND

COMMERCIAL SERVICES (NOV 2024)

SECTION D - CONTRACT DOCUMENTS, EXHIBITS, OR ATTACHMENTS

SECTION E - SOLICITATION PROVISIONS

E.1 52.212-1 INSTRUCTIONS TO OFFERORS—COMMERCIAL PRODUCTS AND

COMMERCIAL SERVICES (SEP 2023)

E.2 52.204-24 REPRESENTATION REGARDING CERTAIN TELECOMMUNICATIONS

AND VIDEO SURVEILLANCE SERVICES OR EQUIPMENT (NOV 2021)

E.3 52.204-29 FEDERAL ACQUISITION SUPPLY CHAIN SECURITY ACT

ORDERS—REPRESENTATION AND DISCLOSURES (DEC 2023)

E.4 52.209-7 INFORMATION REGARDING RESPONSIBILITY MATTERS (OCT 2018)

E.5 52.216-1 TYPE OF CONTRACT (APR 1984)

E.6 52.233-2 SERVICE OF PROTEST (SEP 2006)

E.7 VAAR 852.233-71 ALTERNATE PROTEST PROCEDURE (OCT 2018)

E.8 52.252-1 SOLICITATION PROVISIONS INCORPORATED BY REFERENCE (FEB

1998)

E.9 52.212-2 EVALUATION—COMMERCIAL PRODUCTS AND COMMERCIAL

SERVICES (NOV 2021)

E.10 52.212-3 OFFEROR REPRESENTATIONS AND CERTIFICATIONS—

COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES (MAY 2024)

SECTION B - CONTINUATION OF SF 1449 BLOCKS

B.1 CONTRACT ADMINISTRATION DATA

1. Contract Administration: All contract administration matters will be handled by the following individuals:

a. CONTRACTOR:

b. GOVERNMENT: Contracting Officer 36C791

Commodities & Services Acquisition Svc

P.O. Box 76, 1st Avenue

One Block North of 22nd Street

Hines IL 60141-7005

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

[] 52.232-33, Payment by Electronic Funds Transfer—System For Award

Management, or

[X] 52.232-36, Payment by Third Party

3. INVOICES: Invoices shall be submitted in arrears:

a. Quarterly []

b. Semi-Annually []

c. Other [X] Monthly

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.

VA Financial Service Center – 1-877-353-9791 | Tungsten Network - 1-877-489-6135 https://www.tungsten-network.com/veteransaffairs/

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

AMENDMENT NO DATE

https://www.tungsten-network.com/veteransaffairs/

DEPARTMENT OF VETERANS AFFAIRS

SERVICE AND DISTRIBUTION CENTER (VASDC)

BUILDING 37, HINES, ILLINOIS 60141

SCOPE OF WORK

GROUNDS MAINTENANCE/SNOW AND ICE REMOVAL

SCOPE

The contractor shall perform grounds maintenance for VASDC, building 37 that includes grass cutting, trimming trees, trimming bushes, pulling and treating for weeds, fertilizing and feeding grass, plants, flowers, trees, bushes and other greenery and plants as needed. Lawn maintenance shall also include a spring and fall cleaning of grounds and shall start on April 1 and end on November 30 of each year.

This scope also includes the removal of snow and ice from roadways, sidewalks and parking lots. The contractor shall be required to salt parking lots and roadways and sidewalks.

The VASDC Building 37 facility is comprised of an approximately 500,000 square foot building on an approximately 20-acre parcel of land. The 500,000 square foot building is surrounded by paved roadways and parking areas with curb and gutter. Also included in the snow removal is an approximately 1-acre parking area on the west side of the facility that contains both pavement and gravel surface areas with no curb and gutter (CMOP Upper parking lot). Do not block any parking spots with snow.

GROUNDS MAINTENANCE

A. SERVICES FOR THE MONTH OF APRIL

ITEM OCCURRENCES

Stormwater pond maintenance. 2

Stormwater pumps maintenance 1

Mowing of turf at approximately 2 1/2 inches 2

Cleaning grass clippings from walks and paved areas after mowing 2

Trimming along buildings, plant beds, light poles and other obstructions 2

Mechanically edge plant beds 2

Pre-emergent weed inhibitor applied to bed areas 1

Clean up of accumulated winter debris and leaves from turf and bed areas 1

Clean up of accumulated winter debris and leaves from turf and bed areas 1

Pre -emergent crabgrass control application 1

Aerate lawn and Seed 1

Spread mulch 1

Turn mulch 1

B. SERVICES TO BE PERFORMED DURING THE MONTHS OF MAY THROUGH OCTOBER

ITEM OCCURRENCES

Mowing of the turf at approximately 2 1/2 inches and 3 inches in June, July and August. 12

Cleaning grass clippings from walks and paved areas after mowing 12

Evergreens, deciduous shrubs and formal hedges trimmed of the current season's growth 2

Ground cover pruned and weeded 6

Deciduous tree pruned of sucker growth at the base of tree 6

Install hardwood mulch in May Base + 2nd option year

On years where mulch is not applied, turn mulch in May Option years 1, 3, & 4

Application of weed control or weeding of all fence lines. 6

Ornamental trees under 15' pruned of lower branches which interfere with pedestrian walk and hinder mowing operations and branches which are dead, broken, damaged, or diseased, and selective thinning (which Includes clearing branches from building). This can be performed when trees are dormant or during the growing season

Cultivation of existing soil beds and tree wells 3

Hand weeding of planting beds 12

Power edging of the grass adjacent to the walks, driveways and roadways 3

Trimming along buildings, plants, light poles and other obstructions 27

Edging of planting beds 3

Deep root feeding by high pressure Injection of deciduous trees using a premium grade, slow release, complete analysis granular fertilizer

Fertilizing turf with balanced lawn food 4

Broadleaf weed control application of MCPP Plus Dicamba to turf areas to eliminate virtually all broad leaf weed specie

Repair potholes in parking lot 1x yearly

Seal and stripe parking lot Base + 2nd option year

C SERVICES TO BE PERFORMED DURING THE MONTH OF NOVEMBER

ITEM OCCURRENCES

Mowing of the turf at approximately 1 1/2 inches 2

Cleaning grass clippings from walks and paved areas after mowing 2

Trimming turf along buildings, plants, light poles and other obstructions 2

Fertilizing of turf with e professional line of slow-release fertilizers 1

Clean-up of leaves and fall debris from turf and bed areas 1

D. SERVICES TO BE PERFORMED DURING THE MONTHS OF DECEMBER TO MARCH (SEASONAL)

ITEM OCCURENCES

Snow removal As required

Salting As required

GROUNDS GENERAL CONDITIONS

A. Contractor shall furnish all materials, tools, equipment, and labor necessary to perform the work described in this contract.

B. Contractor shall perform all work in a professional manner. All workmanship shall meet the highest industry standards in the trade and shall be in accordance with accepted horticultural practices.

C. Contractor's personnel shall be dressed in appropriate attire and have a neat appearance. They shall be properly trained for their respective duties.

D. Contractor shall only use chemicals that are approved by the Environmental Protection Agency and are the safest and most effective chemicals.

E. State Law and Environmental Protection Agency require that all restricted pesticides must be applied by a licensed applicator or a licensed operator under the supervision of a licensed applicator.

F. The product, timing and rate of all applications will be adjusted to meet the needs of the grasses and plans in conjunction with horticultural conditions, weather, manufacture's recommendations, and governmental regulations.

G. Written notification will be left at the job site after each chemical application for owner verification.

H. Contractor shall abide with all applicable laws, codes, ordinances, and regulations of all state, local, and federal government agencies.

GROUNDS GENERAL REQUIREMENTS

A. Pruning and trimming shall be performed at the proper time as required by the plant species. Dead or damaged branches will be removed. Dead or damaged plants, bushes, flower, and grasses shall be removed. Replacement of dead plants, trees and ornamental grasses shall be quoted and approved by the CO and COR, unless existing plants are under warranty. Perineal plants shall be used. All dead grass spots shall be repaired as needed. Flower/Plant beds shall be mechanically edged and dressed up once per year. Any weed growth that appears in fences along the parking lots or parameters of the facility shall be cut out and removed. In the event a tree dies, it shall be cut down and stump ground and a replacement tree provided.

B. Mulch shall be provided by the Government and installed by the contractor during the month of

May every other year at a depth of 2”. Mulch shall be installed in the base year and on the second option year. Mulch shall be turned over yearly. The government reserves the right to request the application of mulch as it is needed.

C. Watering the turf areas, bushes, trees, and other plant material is not included and shall be the sole responsibility of Owner. Contractor will give recommendations for watering to promote a healthy landscape.

D. Contractor shall monitor problems with insects and disease on all plant life on the property throughout the growing season. Contractor shall apply the appropriate treatment/pesticides to control bugs and or disease on the plants, trees, and grasses as applicable.

E. Turf shall be cut evenly so that no ridges remain in the finished cut. The direction of mowing equipment and patterns will be employed to permit recycling of clippings where possible. Excess clippings will be removed. Aeration of the east lawn and over seeding will be done in the month of

April.

F. Papers and other debris will be picked up prior to mowing. All landscape related debris, which is accumulated due to work performed, shall be removed by Contractor at his expense.

G. Storm water collection pond: Control the growth of invasive plants with herbicides treatments. The

EPA’s Stormwater Wet and Wetland Management Guidebook shall be used as a reference for suggested ongoing maintenance items that pertain to the VA’s pond. Any issue with the pond shall be brought to the attention of the CO and COR. The ultimate goals are to prevent cattail growth.

During the weekly service, grass around the pond shall be cut so the vegetative buffer around the lowest water elevation is maintained at 3 to 5 feet. Debris such as garbage, sticks etc., shall be removed from the shoreline and from around the pond area, to minimize the possibility of a pump obstructions. Storm water inlet and outlet shall be inspected and cleared of debris and foliage that will block the influent and effluent of the water as needed. The Pumps and controls shall be inspected yearly for proper operation.

H. Repair parking lots. Fix all potholes using a hot patch method yearly as needed in the spring.

I. Seal and stripe parking lots upon the base year and the third option year.

SNOW REMOVAL, SLEETING, ICE AND SALTING:

Snow removal service shall be quoted as a seasonal event. Contractor shall monitor local snow fall and respond to an event upon their own accord or within 2 hours of being called by the COR. The Parking lots shall be kept clear of snow every day of the week. During times of snow fall on a weekend, the contractor shall contact the Hines Police at 708-786-7777 and the COR for access to the facility.

Contractor shall comply with all federal, state, and local governmental laws, regulations, codes and ordinances.

Push Definition: A push is defined as, the removal of snow and the application of ice melt from all parking lots, sidewalks, and roadways. And a second trip may be required to clear areas that were not accessible during the initial push.

Snow and ice removal services shall be seasonally priced and invoiced monthly.

SNOW REMOVAL:

The snow removal shall cover the period of November 1 through March 31 or as required if the season goes long.

The contractor shall be required to remove snow from PARKING LOTS, ROADWAYS and WALKWAYS around building’s 37 and 38 with snow falls of 1 inch and over.

If snow falls and has accumulated to the point it shall be pushed and has done so on a workday, all parking lots and walkways shall be cleared prior to 05:30am on workdays, “weekly, Sunday night through Saturday mornings.

When snow interferes with parking lots the contractor will relocate the snow on the property, to the southwest sector of the facility.

The contractor shall clear all drive lanes, fire lanes, parking areas, sidewalks adjacent to buildings and public sidewalks.

Contractor shall begin plowing at the property as soon as the snow accumulation reaches a depth of 1 inch and or icy conditions require salt, regardless of the time of day or night or the day of the week.

All snow shall be plowed away from the buildings and pushed to the farthest end of the parking lot. No snow shall be piled up and stacked around light posts, or onto islands or landscaping. If snow storage begins to interfere with parking areas, it shall be relocated to the southwest section behind building 38. (This is the designated snow storage area)

Contractor shall return any time after VA working hours and prior to 05:30am the following day to plow vacated parking stalls, if most of the parking stalls were still occupied during the initial push. This shall be considered part of the initial push and not bill for as a second push.

All fire hydrants shall be kept free from snow and easily accessible in case of emergencies.

When snow begins to fall with heavy and rapid accumulations shortly before or during business hours, Contractor shall begin plowing the snow from the parking lot using the fastest method possible.

In some cases, this means windowing snow at islands or even light posts, and it is understood that the snow will be removed from such places upon request. Stacking snow onto island may also be necessary, depending upon snowfall accumulation and time limitations.

Contractor shall be responsible for damage to the property caused by snow removal operations including, but not limited to, buildings, curbs, parking blocks, islands, sidewalks, light poles, signs, landscaping, paving, or striping of the property or equipment used in connection therewith.

Contractor agrees to contact the Agent’s property manager / COR if for some reason the entire property cannot be completely plowed within four (4) hours after snow or ice has stopped falling.

Contractor agrees to complete the Snow Control Sheet attached for each plow and salting. To receive payment, this sheet must be attached to the invoice.

Contractor agrees to provide the property manager / COR with all current after-hours telephone numbers.

SALTING:

The contractor shall be responsible for furnishing road salt and eco-friendly ice-melt for sidewalks so that it does not damage the grass.

The contractor shall salt all parking lots and roadways to ensure the melting of ice and the prevention of ice after each snow fall prior to 0530 and as need through the day or when called upon by the COR.

ICE STORM, SLEETING, AND ICE:

The contractor shall be required to salt parking lots, roadways, and sidewalks during and after an ice storm or sleeting event.

The contractor shall be required to ice melt all walkways with eco-friendly salt during and after an ice storm or sleeting.

The contractor shall be held accountable and repair any damage caused by the process of snow removal, I.E., damage of fence, rutting of asphalt, re positioning parking blocks and or replacement, repair of curbs and lawn repair.

DELIVERABLES:

Within ten days of award, the contractor shall provide a schedule of services based on this SOW.

Monthly invoice shall indicate the month and each CLIN matching the service provided.

Provide a service receipt for each service outlining Date and Time of arrival and departure, to and from the facility. Receipts must also show what services were provided.

Upon request at any time during the duration of the contract and all option years, the Contractor will be required to provide the CO or COR copies of certifications of any and all employees assigned to these tasks within this contract upon request. These can be transmitted via hardcopy or email.

All work to be performed inside the red outlined areas above in the drawing, except on First

Avenue, grass is to be cut along the outside of the 1st avenue fence.

B.2 PRICE/COST SCHEDULE

ITEM INFORMATION

ITEM

NUMBER

DESCRIPTION OF

SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

1.00 JB __________________ __________________

Grounds Landscaping, Snow and Ice Removal Maintenance

Contract Period: Base

POP Begin: 04-01-2025

POP End: 03-31-2026

0001AA

8.00 MO __________________ __________________

Grounds Maintenance and Landscaping

Contract Period: Base

0001AB

Storm Water Pond and Pump Maintenance

To be performed as necessary IAW SOW

Contract Period: Base

0001AC

Snow and Ice Removal

Includes Salting Parking Lots and Sidewalks

To be performed as necessary IAW SOW

Contract Period: Base

0001AD

Asphalt Repair

To be performed as necessary IAW SOW

Contract Period: Base

0001AE

Parking Lot Seal & Stripe

To be performed as necessary IAW SOW

Contract Period: Base

0001AF

Install Government Provided Mulch

To be performed as necessary IAW SOW

Contract Period: Base

POP Begin: 04-01-2025

0001AG

1.00 JB ___$20,000________ ___$20,000________

Unscheduled Maintenance

Covers any unanticipated work that falls within the scope of the SoW

Contract Period: Base

Contract Period: Option 1

POP Begin: 04-01-2026

POP End: 03-31-2027

0002AA

Contract Period: Option 1

0002AB

To be performed as necessary IAW SOW

Contract Period: Option 1

0002AC

Includes Salting Parking Lots and Sidewalks

To be performed as necessary IAW SOW

Contract Period: Option 1

0002AD

To be performed as necessary IAW SOW

Contract Period: Option 1

0002AG

Covers any unanticipated work that falls within the scope of the SoW

Contract Period: Option 1

Grounds Landscaping, Snow and Ice Removal Maintenance

Contract Period: Option 2

POP Begin: 04-01-2027

POP End: 03-31-2028

0003AA

Contract Period: Option 2

0003AB

To be performed as necessary IAW SOW

Contract Period: Option 2

0003AC

Includes Salting Parking Lots and Sidewalks

To be performed as necessary IAW SOW

Contract Period: Option 2

0003AD

To be performed as necessary IAW SOW

Contract Period: Option 2

0003AG

Covers any unanticipated work that falls within the scope of the SoW

Contract Period: Option 2

Contract Period: Option 3

POP Begin: 04-01-2028

POP End: 03-31-2029

0004AA

Contract Period: Option 3

0004AB

Storm Water Pond and Pump Maintenance

To be performed as necessary IAW SOW

Contract Period: Option 3

0004AC

Includes Salting Parking Lots and Sidewalks

To be performed as necessary IAW SOW

Contract Period: Option 3

0004AD

To be performed as necessary IAW SOW

Contract Period: Option 3

0004AE

Parking Lot Seal & Stripe

To be performed as necessary IAW SOW

Contract Period: Option 3

0004AF

Install Government Provided Mulch

To be performed as necessary IAW SOW

Contract Period: Option 3

0004AG

Covers any unanticipated work that falls within the scope of the SoW

Contract Period: Option 3

Contract Period: Option 4

POP Begin: 04-01-2029

POP End: 03-31-2030

0005AA

Contract Period: Option 4

POP Begin: 04-01-2029

0005AB

To be performed as necessary IAW SOW

Contract Period: Option 4

0005AC

Includes Salting Parking Lots and Sidewalks

To be performed as necessary IAW SOW

Contract Period: Option 4

0005AD

To be performed as necessary IAW SOW

Contract Period: Option 4

0005AG

Covers any unanticipated work that falls within the scope of the SoW

Contract Period: Option 4

GRAND TOTAL __________________

SECTION C - CONTRACT CLAUSES

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

PRODUCTS AND COMMERCIAL SERVICES (NOV 2023)

(a) Inspection/Acceptance. The Contractor shall only tender for acceptance those items that conform to the requirements of this contract. The Government reserves the right to inspect or test any supplies or services that have been tendered for acceptance. The Government may require repair or replacement of nonconforming supplies or reperformance of nonconforming services at no increase in contract price. If repair/replacement or reperformance will not correct the defects or is not possible, the Government may seek an equitable price reduction or adequate consideration for acceptance of nonconforming supplies or services. The

Government must exercise its post-acceptance rights—

(1) Within a reasonable time after the defect was discovered or should have been discovered;

and

(2) Before any substantial change occurs in the condition of the item, unless the change is due to the defect in the item.

(b) Assignment. The Contractor or its assignee may assign its rights to receive payment due as a result of performance of this contract to a bank, trust company, or other financing institution, including any Federal lending agency in accordance with the Assignment of Claims

Act (31 U.S.C. 3727). However, when a third party makes payment (e.g., use of the

Governmentwide commercial purchase card), the Contractor may not assign its rights to receive payment under this contract.

(c) Changes. Changes in the terms and conditions of this contract may be made only by written agreement of the parties.

(d) Disputes. This contract is subject to 41 U.S.C. chapter 71, Contract Disputes. Failure of the parties to this contract to reach agreement on any request for equitable adjustment, claim, appeal or action arising under or relating to this contract shall be a dispute to be resolved in accordance with the clause at Federal Acquisition Regulation (FAR) 52.233-1, Disputes, which is incorporated herein by reference. The Contractor shall proceed diligently with performance of this contract, pending final resolution of any dispute arising under the contract.

(e) Definitions. The clause at FAR 52.202-1, Definitions, is incorporated herein by reference.

(f) Excusable delays. The Contractor shall be liable for default unless nonperformance is caused by an occurrence beyond the reasonable control of the Contractor and without its fault or negligence such as, acts of God or the public enemy, acts of the Government in either its sovereign or contractual capacity, fires, floods, epidemics, quarantine restrictions, strikes, unusually severe weather, and delays of common carriers. The Contractor shall notify the

Contracting Officer in writing as soon as it is reasonably possible after the commencement of any excusable delay, setting forth the full particulars in connection therewith, shall remedy such occurrence with all reasonable dispatch, and shall promptly give written notice to the

Contracting Officer of the cessation of such occurrence.

(g) Invoice.

(1) The Contractor shall submit an original invoice and three copies (or electronic invoice, if authorized) to the address designated in the contract to receive invoices. An invoice must include—

(i) Name and address of the Contractor;

(ii) Invoice date and number;

(iii) Contract number, line item number and, if applicable, the order number;

(iv) Description, quantity, unit of measure, unit price and extended price of the items delivered;

(v) Shipping number and date of shipment, including the bill of lading number and weight of shipment if shipped on Government bill of lading;

(vi) Terms of any discount for prompt payment offered;

(vii) Name and address of official to whom payment is to be sent;

(viii) Name, title, and phone number of person to notify in event of defective invoice; and

(ix) Taxpayer Identification Number (TIN). The Contractor shall include its TIN on the invoice only if required elsewhere in this contract.

(x) Electronic funds transfer (EFT) banking information.

(A) The Contractor shall include EFT banking information on the invoice only if required elsewhere in this contract.

(B) If EFT banking information is not required to be on the invoice, in order for the invoice to be a proper invoice, the Contractor shall have submitted correct EFT banking information in accordance with the applicable solicitation provision, contract clause (e.g., 52.232-33, Payment by Electronic Funds Transfer—System for Award Management, or 52.232-34, Payment by

Electronic Funds Transfer—Other Than System for Award Management), or applicable agency procedures.

(C) EFT banking information is not required if the Government waived the requirement to pay by EFT.

(2) Invoices will be handled in accordance with the Prompt Payment Act (31 U.S.C. 3903) and Office of Management and Budget (OMB) prompt payment regulations at 5 CFR part 1315.

(h) Patent indemnity. The Contractor shall indemnify the Government and its officers, employees and agents against liability, including costs, for actual or alleged direct or contributory infringement of, or inducement to infringe, any United States or foreign patent, trademark or copyright, arising out of the performance of this contract, provided the Contractor is reasonably notified of such claims and proceedings.

(i) Payment.—

(1) Items accepted. Payment shall be made for items accepted by the Government that have been delivered to the delivery destinations set forth in this contract.

(2) Prompt payment. The Government will make payment in accordance with the Prompt

Payment Act (31 U.S.C. 3903) and prompt payment regulations at 5 CFR part 1315.

(3) Electronic Funds Transfer (EFT). If the Government makes payment by EFT, see 52.212-

5(b) for the appropriate EFT clause.

(4) Discount. In connection with any discount offered for early payment, time shall be computed from the date of the invoice. For the purpose of computing the discount earned, payment shall be considered to have been made on the date which appears on the payment check or the specified payment date if an electronic funds transfer payment is made.

(5) Overpayments. If the Contractor becomes aware of a duplicate contract financing or invoice payment or that the Government has otherwise overpaid on a contract financing or invoice payment, the Contractor shall—

(i) Remit the overpayment amount to the payment office cited in the contract along with a description of the overpayment including the—

(A) Circumstances of the overpayment (e.g., duplicate payment, erroneous payment, liquidation errors, date(s) of overpayment);

(B) Affected contract number and delivery order number, if applicable;

(C) Affected line item or subline item, if applicable; and

(D) Contractor point of contact.

(ii) Provide a copy of the remittance and supporting documentation to the Contracting

Officer.

(6) Interest.

(i) All amounts that become payable by the Contractor to the Government under this contract shall bear simple interest from the date due until paid unless paid within 30 days of becoming due. The interest rate shall be the interest rate established by the Secretary of the

Treasury as provided in 41 U.S.C. 7109, which is applicable to the period in which the amount becomes due, as provided in (i)(6)(v) of this clause, and then at the rate applicable for each six-month period as fixed by the Secretary until the amount is paid.

(ii) The Government may issue a demand for payment to the Contractor upon finding a debt is due under the contract.

(iii) Final decisions. The Contracting Officer will issue a final decision as required by 33.211 if—

(A) The Contracting Officer and the Contractor are unable to reach agreement on the existence or amount of a debt within 30 days;

(B) The Contractor fails to liquidate a debt previously demanded by the Contracting Officer within the timeline specified in the demand for payment unless the amounts were not repaid because the Contractor has requested an installment payment agreement; or

(C) The Contractor requests a deferment of collection on a debt previously demanded by the Contracting Officer (see 32.607-2).

(iv) If a demand for payment was previously issued for the debt, the demand for payment included in the final decision shall identify the same due date as the original demand for payment.

(v) Amounts shall be due at the earliest of the following dates:

(A) The date fixed under this contract.

(B) The date of the first written demand for payment, including any demand for payment resulting from a default termination.

(vi) The interest charge shall be computed for the actual number of calendar days involved beginning on the due date and ending on—

(A) The date on which the designated office receives payment from the Contractor;

(B) The date of issuance of a Government check to the Contractor from which an amount otherwise payable has been withheld as a credit against the contract debt; or

(C) The date on which an amount withheld and applied to the contract debt would otherwise have become payable to the Contractor.

(vii) The interest charge made under this clause may be reduced under the procedures prescribed in FAR 32.608-2 in effect on the date of this contract.

(j) Risk of loss. Unless the contract specifically provides otherwise, risk of loss or damage to the supplies provided under this contract shall remain with the Contractor until, and shall pass to the Government upon:

(1) Delivery of the supplies to a carrier, if transportation is f.o.b. origin; or

(2) Delivery of the supplies to the Government at the destination specified in the contract, if transportation is f.o.b. destination.

(k) Taxes. The contract price includes all applicable Federal, State, and local taxes and duties.

(l) Termination for the Government's convenience. The Government reserves the right to terminate this contract, or any part hereof, for its sole convenience. In the event of such termination, the Contractor shall immediately stop all work hereunder and shall immediately cause any and all of its suppliers and subcontractors to cease work. Subject to the terms of this contract, the Contractor shall be paid a percentage of the contract price reflecting the percentage of the work performed prior to the notice of termination, plus reasonable charges the

Contractor can demonstrate to the satisfaction of the Government using its standard record keeping system, have resulted from the termination. The Contractor shall not be required to comply with the cost accounting standards or contract cost principles for this purpose. This paragraph does not give the Government any right to audit the Contractor's records. The

Contractor shall not be paid for any work performed or costs incurred which reasonably could have been avoided.

(m) Termination for cause. The Government may terminate this contract, or any part hereof, for cause in the event of any default by the Contractor, or if the Contractor fails to comply with any contract terms and conditions, or fails to provide the Government, upon request, with adequate assurances of future performance. In the event of termination for cause, the Government shall not be liable to the Contractor for any amount for supplies or services not accepted, and the

Contractor shall be liable to the Government for any and all rights and remedies provided by law. If it is determined that the Government improperly terminated this contract for default, such termination shall be deemed a termination for convenience.

(n) Title. Unless specified elsewhere in this contract, title to items furnished under this contract shall pass to the Government upon acceptance, regardless of when or where the Government takes physical possession.

(o) Warranty. The Contractor warrants and implies that the items delivered hereunder are merchantable and fit for use for the particular purpose described in this contract.

(p) Limitation of liability. Except as otherwise provided by an express warranty, the Contractor will not be liable to the Government for consequential damages resulting from any defect or deficiencies in accepted items.

(q) Other compliances. The Contractor shall comply with all applicable Federal, State and local laws, executive orders, rules and regulations applicable to its performance under this contract.

(r) Compliance with laws unique to Government contracts. The Contractor agrees to comply with 31 U.S.C. 1352 relating to limitations on the use of appropriated funds to influence certain

Federal contracts; 18 U.S.C. 431 relating to officials not to benefit; 40 U.S.C. chapter 37, Contract Work Hours and Safety Standards; 41 U.S.C. chapter 87, Kickbacks; 49 U.S.C. 40118, Fly American; and 41 U.S.C. chapter 21 relating to procurement integrity.

(s) Order of precedence. Any inconsistencies in this solicitation or contract shall be resolved by giving precedence in the following order:

(1) The schedule of supplies/services.

(2) The Assignments, Disputes, Payments, Invoice, Other Compliances, Compliance with

Laws Unique to Government Contracts, and Unauthorized Obligations paragraphs of this clause;

(3) The clause at 52.212-5.

(4) Addenda to this solicitation or contract, including any license agreements for computer software.

(5) Solicitation provisions if this is a solicitation.

(6) Other paragraphs of this clause.

(7) The Standard Form 1449.

(8) Other documents, exhibits, and attachments

(9) The specification.

(t) [Reserved]

(u) Unauthorized Obligations.

(1) Except as stated in paragraph (u)(2) of this clause, when any supply or service acquired under this contract is subject to any End User License Agreement (EULA), Terms of Service

(TOS), or similar legal instrument or agreement, that includes any clause requiring the

Government to indemnify the Contractor or any person or entity for damages, costs, fees, or any other loss or liability that would create an Anti-Deficiency Act violation (31 U.S.C. 1341), the following shall govern:

(i) Any such clause is unenforceable against the Government.

(ii) Neither the Government nor any Government authorized end user shall be deemed to have agreed to such clause by virtue of it appearing in the EULA, TOS, or similar legal instrument or agreement. If the EULA, TOS, or similar legal instrument or agreement is invoked through an “I agree” click box or other comparable mechanism (e.g., “click-wrap” or “browse-wrap” agreements), execution does not bind the Government or any Government authorized end user to such clause.

(iii) Any such clause is deemed to be stricken from the EULA, TOS, or similar legal instrument or agreement.

(2) Paragraph (u)(1) of this clause does not apply to indemnification by the Government that is expressly authorized by statute and specifically authorized under applicable agency regulations and procedures.

(v) Incorporation by reference. The Contractor’s representations and certifications, including those completed electronically via the System for Award Management (SAM), are incorporated by reference into the contract.

(End of Clause)

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

PRODUCTS AND COMMERCIAL SERVICES

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

C.2 52.217-8 OPTION TO EXTEND SERVICES (NOV 1999)

The Government may require continued performance of any services within the limits and at the rates specified in the contract. These rates may be adjusted only as a result of revisions to prevailing labor rates provided by the Secretary of Labor. The option provision may be exercised more than once, but the total extension of performance hereunder shall not exceed 6 months. The Contracting Officer may exercise the option by written notice to the Contractor within 30 days.

(End of Clause)

C.3 52.217-9 OPTION TO EXTEND THE TERM OF THE CONTRACT (MAR

2000)

(a) The Government may extend the term of this contract by written notice to the Contractor within 30 days; provided that the Government gives the Contractor a preliminary written notice of its intent to extend at least 60 days before the contract expires. The preliminary notice does not commit the Government to an extension.

(b) If the Government exercises this option, the extended contract shall be considered to include this option clause.

(c) The total duration of this contract, including the exercise of any options under this clause, shall not exceed five (5) years.

(End of Clause)

C.4 SUPPLEMENTAL INSURANCE REQUIREMENTS

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

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

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

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

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

(End of Clause)

C.5 VAAR 852.219-73 VA NOTICE OF TOTAL SET-ASIDE FOR CERTIFIED

SERVICE-DISABLED VETERAN-OWNED SMALL BUSINESSES (JAN 2023)

(DEVIATION)

(a) Definition. for the Department of Veterans Affairs, ‘‘Service-disabled Veteran-owned small business concern or SDVOSB’’:

(1) Means a small business concern—

(i) Not less than 51 percent of which is owned by one or more service-disabled Veterans or, in the case of any publicly owned business, not less than 51 percent of the stock of which is owned by one or more service-disabled Veterans or eligible surviving spouses (see VAAR

802.201, Surviving Spouse definition);

(ii) The management and daily business operations of which are controlled by one or more service-disabled Veterans (or eligible surviving spouses) or, in the case of a service-disabled

Veteran with permanent and severe disability, the spouse or permanent caregiver of such

Veteran;

(iii) The business meets Federal small business size standards for the applicable North

American Industry Classification System (NAICS) code identified in the solicitation document;

(iv) The business has been certified for ownership and control pursuant to 38 U.S.C. 8127, 13 CFR 128, and is listed as certified in the SBA certification database at https://veterans.certify.sba.gov/; and

(v) The business agrees to comply with VAAR subpart 819.70 and Small Business

Administration (SBA) regulations regarding small business size, government contracting, and the Veteran Small Business Certification Program at 13 CFR parts 121, 125, and 128.

(2) The term ‘‘Service-disabled Veteran’’ means a Veteran, as defined in 38 U.S.C. 101(2), with a disability that is service-connected, as defined in 38 U.S.C. 101(16).

(3) The term ‘‘small business concern’’ has the meaning given that term under section 3 of the Small Business Act (15 U.S.C. 632).

(4) The term ‘‘small business concern owned and controlled by Veterans with service-connected disabilities’’ has the meaning given the term ‘‘small business concern owned and controlled by service-disabled veterans’’ under section 3(q)(2) of the Small Business Act (15

U.S.C. 632(q)(2)).

(5) The term “SDVOSB participant” or certified SDVOSB means a small business that has been certified in the SBA Veteran Small Business Certification Program and listed in the SBA certification database (see 13 CFR 128.102).

(b) General. In order for a concern to submit an offer and be eligible for the award of an

SDVOSB set-aside or sole source contract, the concern must qualify as a small business concern under the size standard corresponding to the NAICS code assigned to the contract and be listed as an SDVOSB participant in the SBA certification database as set forth in 13 CFR

128.

https://veterans.certify.sba.gov/

(1) Offers received from entities that are not certified SDVOSBs and listed in the SBA certification database at the time of offer shall not be considered.

(2) Any award resulting from this solicitation shall be made to a certified SDVOSB listed in the

SBA certification database who is eligible at the time of submission of offer(s) and at the time of award.

(3) The requirements in this clause apply to any contract, order or subcontract where the firm receives a benefit or preference from its designation as an SDVOSB, including set-asides, sole source awards, and evaluation preferences.

(c) Representation. Pursuant to 38 U.S.C. 8127(e), only certified SDVOSBs listed in the SBA certification database are considered eligible to receive award of a resulting contract. By submitting an offer, the prospective contractor represents that it is an eligible and certified

SDVOSB as defined in this clause, 13 CFR 121, 125, and 128, and VAAR subpart 819.70.

(d) Agreement/LOS certification. When awarded a contract action, including orders under multiple award contracts, an SDVOSB agrees that in the performance of the contract, the

SDVOSB shall comply with requirements in VAAR subpart 819.70 and SBA regulations on small business size, and government contracting programs at 13 CFR part 121 and part 125, including the non-manufacturer rule and limitations on subcontracting (LOS) requirements in 13

CFR 121.406(b) and 13 CFR 125.6. For the purpose of limitations on subcontracting, only certified SDVOSBs listed in the SBA certification database (including independent contractors) shall be considered eligible and/or ‘‘similarly situated’’ (i.e., a firm that has the same small business program status as the prime contractor). An otherwise eligible firm further agrees to comply with the required LOS certification requirements in this solicitation (see 852.219–75 or

852.219–76 as applicable). These requirements are summarized as follows:

(1) Services. In the case of a contract for services (except construction), the SDVOSB prime contractor will not pay more than 50% of the amount paid by the government to the prime for contract performance to firms that are not certified SDVOSBs listed in the SBA certification database (excluding direct costs to the extent they are not the principal purpose of the acquisition and the SDVOSB/ VOSB does not provide the service, such as airline travel, cloud computing services, or mass media purchases). When a contract includes both services and supplies, the 50 percent limitation shall apply only to the service portion of the contract.

(2) Supplies/products.

(i) In the case of a contract for supplies or products (other than from a non-manufacturer of such supplies), the SDVOSB prime contractor will not pay more than 50% of the amount paid by the government to the prime for contract performance, excluding the cost of materials, to firms that are not certified SDVOSBs listed in the SBA certification database. When a contract includes both supply and services, the 50 percent limitation shall apply only to the supply portion of the contract.

(ii) In the case of a contract for supplies from a non-manufacturer, the SDVOSB prime contractor will supply the product of a domestic small business manufacturer or processor, unless a waiver as described in 13 CFR 121.406(b)(5) has been granted. Refer to 13 CFR

125.6(a)(2)(ii) for guidance pertaining to multiple item procurements.

(3) General construction. In the case of a contract for general construction, the SDVOSB prime contractor will not pay more than 85% of the amount paid by the government to the prime for contract performance, excluding the cost of materials, to firms that are not certified

SDVOSBs listed in the SBA certification database.

(4) Special trade construction contractors. In the case of a contract for special trade contractors, no more than 75% of the amount paid by the government to the prime for contract performance, excluding the cost of materials, may be paid to firms that are not certified

SDVOSBs listed in the SBA certification database.

(5) Subcontracting. An SDVOSB subcontractor must meet the NAICS size standard assigned by the prime contractor and be certified and listed in the SBA certification database to count as similarly situated. Any work that a first tier SDVOSB subcontractor further subcontracts will count towards the percent of subcontract amount that cannot be exceeded. For supply or construction contracts, the cost of materials is excluded and not considered to be subcontracted. When a contract includes both services and supplies, the 50 percent limitation shall apply only to the portion of the contract with the preponderance of the expenditure upon which the assigned NAICS is based. For information and more specific requirements, refer to 13

CFR 125.6.

(e) Required limitations on subcontracting compliance measurement period. An SDVOSB shall comply with the limitations on subcontracting as follows:

[X] By the end of the base term of the contract or order, and then by the end of each subsequent option period; or

[] By the end of the performance period for each order issued under the contract.

(f) Joint ventures. A joint venture may be considered eligible as an SDVOSB if the joint venture complies with the requirements in 13 CFR 128.402 and the managing joint venture partner makes the representations under paragraph (c) of this clause. A joint venture agrees that, in the performance of the contract, the applicable percentage specified in paragraph (d) of this clause will be performed by the aggregate of the joint venture participants.

(g) Precedence. The VA Veterans First Contracting Program, as defined in VAAR 802.101, subpart 819.70, and this clause, takes precedence over any inconsistencies between the requirements of the SBA Veteran Small Business Certification Program and the VA Veterans

First Contracting Program.

(h) Misrepresentation. Pursuant to 38 U.S.C. 8127(g), any business concern, including all its principals, that is determined by VA to have willfully and intentionally misrepresented a company’s SDVOSB status is subject to debarment from…