Attachment 3 Performance Work Statement.pdf

PERFORMANCE WORK STATEMENT

GROUNDS MAINTENANCE

PART 1

GENERAL INFORMATION

1.0 GENERAL: This is a non-personal services contract to provide Grounds Maintenance Services. The

Government shall not exercise any supervision or control over the contract service providers performing the services herein. Such contract service providers shall be accountable solely to the Contractor who, in turn is responsible to the Government. The Contractor shall provide all personnel, equipment, supplies, facilities, transportation, tools, materials, supervision, and other items and non-personal services necessary to perform grounds maintenance at the National Bio and Agro-Defense Facility (NBAF) as defined in this Performance Work Statement (PWS), Section 3.0 except for those items specified as government furnished property and services. Areas to be maintained are identified in Appendix A. Listings of plant types to be maintained are in Technical Exhibit (TE) 1. The Contractor shall perform to the standards of this PWS. All performance times referred to in this PWS are calendar days, unless otherwise specified.

1.1 Definitions:

USDA – United States Department of Agriculture ARS – Agricultural Research Services

1.2 Objectives: The objective of this contract is to support mission accomplishment by providing well maintained grounds for occupants, users, and visitors to NBAF through this contract. To meet this objective, close coordination is required between the Contractor and the Contracting Officer’s Representative (COR), to efficiently provide improved grounds maintenance while minimizing disruptions to operations within the facilities/grounds and meeting security requirements.

1.3 Scope: The Contractor shall perform grounds maintenance services to the standards in this contract and in a manner that will maintain safe and healthy grounds identified on Appendix A. During the performance of this contract USDA-ARS reserves the right to add or delete grounds areas. A modification to the contract will be executed to incorporate these changes.

1.4 Licenses, Permits and Bonds: The Contractor shall provide at his own expense all licenses, permits and bonds as required by the State, Counties and Municipalities where they will operate in the transport and disposal of the solid waste removed under the terms of this contract. Refer to 1.15.2 as well.

1.5 Period of Performance: The period of performance (POP) shall be for one (1) Base Year of 12 months and four (4) 12 month option years. The Government anticipates the first cycle of mowing will begin on or about March 15st. The last mowing cycle is to be completed on/about November 15th.

Base Year 9/30/2021 – 9/29/2022

Option Year I 9/30/2022 – 9/29/2023 Option Year II 9/30/2023 – 9/29/2024 Option Year III 9/30/2024 – 9/29/2025 Option Year IV 9/30/2025 – 9/29/2026

1.6 Place of Performance: The work to be performed under this contract will be performed at the United

States Department of Agricultural NBAF facility, located in Manhattan Kansas, identified on Appendix A.

1.7 Hours of Operation: The Contractor is responsible for providing services between the hours of 0800 to 1600, Monday through Friday except Federal holidays or when the USDA-ARS facility is closed due to local or national emergencies, administrative closings, or similar Government directed facility closings. The Contractor must at all times maintain an adequate workforce for the uninterrupted performance of all tasks defined within this PWS when the USDA-ARS facility is not closed for the above reasons. When hiring personnel, the Contractor shall keep in mind that the stability and continuity of the workforce are essential.

1.7.1 Work Coordination: The Contractor’s service personnel shall contact the ARS Engineering

Project Management Groups Contracting Officer Representative (COR) on each visit to the Facility prior to beginning work that day to inform the COR of what work is being completed during the visit. Within 24 hours of service rendered the contractor shall provide, in writing a list of all work that was completed upon departure.

1.8 Federal Observed Holidays:

New Year’s Day Labor Day Martin Luther King Jr.’s Birthday Columbus Day President’s Day Veteran’s Day

Memorial Day Thanksgiving Day Independence Day Christmas Day

1.9 Quality Control Program (QCP): The Contractor shall develop, implement and maintain an effective

QCP to ensure services are performed in accordance with (IAW) this PWS. The QCP, including changes, shall be forwarded to and accepted by the Contracting Officer (CO). The Contractor shall develop and implement procedures to identify, prevent, and ensure non-recurrence of deficiencies and shall review the plan with his onsite personnel to ensure complete understanding. The Contractor’s QCP is the means by which the Contractor assures that the work complies with the requirement of the contract. The QCP must be provided within 30 days of the notice to proceed and shall be kept current, reflecting the pertinent contract modifications and grounds changes or conditions, with updates being submitted within five (5) days of changes being made. The plan shall include but is not limited to the following:

• The name of the Project Manager

• A communication plan that shall describe methods of direct and indirect communication with

USDA-ARS regarding performance of the contract.

• The Contractor shall give immediate written notice to the CO or COR of any condition which is discovered that may present a hazard to either the equipment or passengers.

• The method(s) for identifying and preventing defects in the quality of service performed before the level of performance becomes unacceptable.

• On site records of all inspections conducted by the Contractor and necessary corrective action taken. This documentation shall be made available to the CO and/or COR during the term of the contract.

• A contingency plan to provide for continuing maintenance of the grounds in the event of employees’ absences, strikes or work stoppages. Work stoppage or strike participation by Contractor personnel against the Contractor does not relieve the Contractor of his responsibility to fulfill the requirements of this PWS.

1.10 Contractor Performance Assessments: The Contractor will evaluate his contract services, correcting any deficiencies, which deviate from the commercially acceptable standard for grounds maintenance. The Contractor shall furnish a copy of the evaluation/inspection reports to the designated COR for this contract as requested.

1.11 USDA-ARS Performance Assessments: USDA-ARS performance assessments will be assigned to an authorized individual or will be done by the COR. The COR will evaluate the contractor's performance under this contract IAW the Quality Assurance Surveillance Plan (QASP). This plan is primarily focused on what USDA-ARS must do to ensure that the contractor has performed IAW the performance standards. It defines how the performance standards will be applied, the frequency of surveillance, and the minimum acceptable defect rate(s). Although USDA-ARS may develop a QASP, USDA-ARS surveillance of Contractor performance is not limited to the QASP or the performance objectives, incentives/remedies, etc. USDA-ARS has the right to inspect and test all services called for by the contract and commitments made by the Contractor during the solicitation process, to the extent practicable at all places and times during the term of the contract. USDA-ARS will perform inspections and tests in a manner that will not unduly delay the work. If any of the services performed do not conform to contract requirements, USDA-ARS may require the Contractor to perform the services again in conformity with contract requirements, at no increase in contract amount. When the defects in services cannot be corrected by re-performance, USDA-ARS may: (1) require the Contractor to take necessary action to ensure that future performance conforms to contract requirements, and (2) reduce the contract price to reflect the reduced value of the services performed. If the Contractor fails to promptly perform the services again or take the action necessary to ensure future performance in conformity with contract requirements, USDA-ARS may:

(1) by contract or otherwise, perform the services and charge to the Contractor any cost incurred by USDA-ARS that is directly related to the performance of such service, or (2) terminate the contract for default. "Services", as used in this clause, includes services performed, workmanship, and material furnished or used in performing services.

1.11.1 A USDA-ARS Inspector may accompany Contractor personnel during regular maintenance, service calls, or other work visits to observe and / or ask for explanation of work performed.

The intent is not to delay the Contractor in any way.

1.11.2 Performing quality assurance in accordance with the PWS does not preclude USDA-ARS from conducting inspections as defined in Federal Acquisition Regulation (FAR) 52.212-4 Contract Terms and Conditions for Commercial Items for Inspection/Acceptance.

1.11.3 If performance or quality measures are not being met by the Contractor, USDA-ARS will revisit the QCP and may request revisions. Upon review of the plan and related documents, USDA-ARS will take appropriate action to ensure that all quality and performance measures are met as specified in this contract.

1.11.4 If it is found that the grounds maintenance has deficiencies, the Contractor will be notified of these deficiencies and it shall be their responsibility to make the necessary corrections within three (3) calendar days.

1.12 Type of Contract: USDA-ARS will award a performance-based commercial services contract. This means that USDA-ARS has described WHAT is to be accomplished, not HOW to accomplish it, and states a basis for determining whether finished work meets USDA-ARS quality requirements. It does not state detailed procedures for accomplishing the requirement unless there are safety, security or communication requirements. It is the intent of USDA-ARS to provide the Contractor the maximum amount of flexibility to propose an innovative approach, and to find the most efficient and cost-effective method for meeting the stated objectives and requirements.

1.13 Post Award Conference / Performance Evaluation Meetings: The Contractor agrees to attend any post award conference convened by the contracting activity or contract administration office in accordance with FAR Subpart 42.5. The CO and COR shall have performance evaluation meetings with the Contractor to review the Contractor's performance as needed. At these meetings the CO will apprise the Contractor of how the Government views the Contractor's performance and the

Contractor will apprise USDA-ARS of problems, if any, being experienced. Appropriate action shall be taken to resolve outstanding issues. Meetings may be held quarterly thereafter as determined beneficial by USDA-ARS and Contractor.

1.14 Contracting Officer’s Representative (COR): The COR monitors all technical aspects of the contract and assists in contract administration The COR is authorized to perform the following functions:

Assure that the Contractor performs the technical requirements of the contract; perform inspections necessary in connection with contract performance; maintain written and oral communications with the Contractor concerning technical aspects of the contract; issue written interpretations of technical requirements, including Government drawings, designs, and specifications; monitor Contractor's performance and notifies both the CO and Contractor of any deficiencies; coordinate availability of government furnished property, and provide site entry of Contractor personnel. The COR is not authorized to change any of the terms and conditions of the resulting order.

1.15 Personnel

1.15.1 Contractor Key Personnel: The Contractor shall provide a contract manager who shall be responsible for the performance of the work and shall be the central point of contact with the Government. The name of this person and an alternate who shall act for the contractor when the manager is absent shall be designated in writing to the CO. The contract manager or alternate shall have full authority to act for the Contractor on all contract matters relating to daily operation of this contract. The contract manager or alternate shall be available from 0800 to 1600, Monday through Friday except Federal holidays or when the USDA-ARS facility is closed for administrative reasons. Since this is a performance-based contract, the manpower and labor mix of employees to perform this contract remain the discretion of the Contractor for all services addressed in the Technical Exhibits.

1.15.2 Special Qualifications: The Contractor and their application technicians shall be certified by appropriate federal and Kansas regulatory agencies to meet federal and local certification requirements for the application of herbicides/pesticides. All work shall be performed with, and under the supervision of, skilled and experienced grounds maintenance persons directly employed by the Contractor. Contractor’s Kansas Commercial Pesticide Applicator Certificate and proof of certification for each employee shall be included in the contractor’s Quality Control Plan.

1.15.3 Identification of Contractor Employees: All contract personnel attending meetings, answering Government telephones, and working in other situations where their Contractor status is not obvious to third parties are required to identify themselves as such to avoid creating an impression in the minds of members of the public that they are USDA/Government officials. They must also ensure that all documents or reports produced by Contractors are suitably marked as Contractor products or that Contractor participation is appropriately disclosed.

1.15.3.1 Rosters: For NBAF Facility security purposes, the Contractor shall provide the CO a list of all employees who will perform work under this contract. The list shall include name and work assignment of each employee. The Contractor shall maintain revisions and updates to this list and submit them to the COR monthly.

1.15.3.2 Employee Badges: The Contractor shall furnish each employee a contract identification badge that shall be conspicuously displayed when working. The ID badge shall include the full name of the employee, company name, a badge serial number and the employee’s picture.

1.15.4 Contractor Personnel Conduct: Contractor personnel’s conduct shall not reflect discredit upon USDA-ARS. The Contractor shall ensure that personnel present a professional appearance. The Contractor’s employees shall observe and comply with all local policies and procedures concerning fire, safety, environmental protection, sanitation, security, and possession of firearms or other lethal or illegal weapons or substance. The Contractor is responsible for ensuring that any contractor employees providing services under this contract conduct themselves and perform services in a professional, safe, and responsible manner. The Contractor shall remove from the job site any employee for reasons of misconduct or security. Particular attention should be paid to acceptance of gifts/ gratuities, and on non-disclosure of sensitive or classified information. The Contractor shall ensure employee conduct complies with 41 USC 423 relative to release of acquisition related information, or actions or discussions which may prejudice future competitions. The Contractor shall ensure no contractor employees conduct political related activities or events on the NBAF premises.

1.16 Reporting and Record Keeping Requirements:

1.16.1 Status Report: The Contractor shall develop and implement a plan for communicating and reporting to USDA-ARS, the status of the Contractor’s implementation of the contract requirements. The report shall be submitted electronically to the COR monthly. The intent is to provide USDA-ARS, in writing, information about what maintenance, updates, changes, alterations, repairs and replacements have been made to the grounds.

1.16.2 Maintenance Schedule: The Contractor shall provide a work schedule, at least 10 workdays prior to beginning work on the first cycle of each contract year. The work schedule shall reflect when each task specified in Section 3.0 will occur. Updates to the schedule shall occur as needed but not less than annually. If deficiencies are identified that require work outside the scope of this contract, the Contractor shall notify the COR in writing within 24 hours upon discovery of the deficiency.

1.17 Payments: Payments for maintenance, service calls and repairs shall be on a monthly, fixed price basis.

1.17.1 Other than Scheduled Grounds Maintenance: A service call that falls outside the scope of normal grounds maintenance schedule identified in paragraph 3, shall be billed separately, according to an agreed upon service rate proposed in the applicable CLIN. Service calls and repairs that are identified in paragraph 3 are part of the firm fixed monthly price, and not available to be billed under 1.17.1 procedures.

1.17.1.1 The Contractor shall only be paid for actual time spent on the ground at NBAF;

not for drive time to or from the location.

1.17.2 Parts and Materials: The Contractor will be reimbursed for parts and materials required to perform service call work and repairs within of the scope of this contract, in accordance with the applicable contract line items and as described herein.

1.17.2.1 Pre-approval of Pricing for parts, materials, and any special equipment shall be unburdened and supported with a quote. The amount billed shall be the lowest cost that is reasonably available to the Contractor. All parts and materials billed for shall have approved supporting documentation submitted in conjunction with the invoice and shall be included on the invoice under the appropriate CLIN, for the period of performance that the work was completed.

1.17.3 Equitable Adjustments: Equitable adjustments that are deemed fair and reasonable by the CO, shall be applied if necessary.

1.18 Environment and OSHA: The Contractor shall comply with all local, state, and Federal environmental and occupational safety laws, rules, and regulations. Any apparent conflict between compliance with such local, state and Federal laws, rules and regulations, and compliance with the requirements of the contract shall be immediately brought to the attention of the CO and/or the COR for final resolution. The Contractor shall notify the CO and COR in writing in addition to any verbal notification of such conflicts within 24 hours of occurrence. The Contractor shall be liable for all fines, penalties, and costs which result from violations of, or failure to comply with, all such local state, or Federal laws, rules, and regulations. All unsafe acts or conditions fostered by the Contractor or Contractor personnel may be grounds for the CO or COR, to halt all Contractor performance with a commensurate deduction of monies due the Contractor until such unsafe conditions are corrected.

The Contractor shall take due caution not to endanger personnel during performance of this contract.

Upon discovery of any hazard such as, but not limited to, fire, or large fuel spill, the Contractor shall immediately notify the CO or COR.

1.19 Security Requirements: Personnel employed by the Contractor or any representative of, or agent of the Contractor, entering this facility shall conform to the facility security regulations. Each person accessing the site will be required to provide personal details, (full name, DOB, SSN, DL#) and will undergo a routine background check, such as a National Agency Check with additional inquiries, which may include a criminal and credit check. Details required for the check should be submitted to the security office NLT 5 days prior to the visit. Results of this check may return earlier. However, it should not be planned to have results earlier than 5 days.

1.19.1 If, while on site the contractor/vendor will have access to sensitive information, they must complete a National Disclosure Agreement, along with the required training. This training will most likely be completed by reviewing a series of slides covering the topics of the definition of controlled unclassified information (CUI), access, handling, distribution, storage and destruction of CUI. Each person will acknowledge receiving and understanding the training on the NDA. The process should not exceed two hours.

Acknowledgement and completion of the NDA will be turned in with the form required for the background check. Results will be returned through the Contracting Officer or Contracting Officer Representative.

1.19.2 Physical Security: The Contractor shall safeguard all USDA-ARS equipment, information and property provided for Contractor use. At the close of each work period, USDA-ARS facilities, equipment, and materials shall be secured.

PART 2

CONTRACTOR FURNISHED ITEMS AND SERVICES

2. CONTRACTOR FURNISHED ITEMS AND RESPONSIBILITIES

2.1 General: The Contractor shall furnish all equipment, materials, supplies, services and employee training required to achieve the quality performance standards of the work in this contract, unless otherwise specified herein.

2.2 Manufacturer's Parts: The Contractor shall provide only new parts used by the manufacturers of the equipment for replacement or repair. Equivalent parts or rebuilt parts may be used only if approved in writing by the CO or COR.

2.3 Compatibility: All Contractor-furnished property and services shall be compatible with existing

Government systems.

PART 3

SPECIFIC TASKS

3. SPECIFIC TASKS: The Contractor shall be responsible for maintaining all of the turf and landscaping within the facility parking area, delivery road easement island, and around the accessible perimeter fence, highlighted on appendix A, and service calls for unscheduled repairs and or grounds maintenance. Work shall be performed in such a matter to meet the performance requirements stated herein.

3.1 Mowing: NBAF turf areas and retention pond areas will be mowed at least once each week during the growing season (March through October).

3.1.1 Heavy or excessive clippings will be removed upon completion of mowing.

3.1.2 Retention ponds will be mowed to the water’s edge. Contractor will use best efforts to blow clippings away from the ponds.

3.1.3 Mowing height will depend on the type of turf and the season. Typically, the height will range from 3” to 4”.

3.1.4 Retention areas, and other areas too wet for proper mowing, will be mowed when the ground is firm enough to allow normal mowing procedures.

3.2 Edging: All turf areas adjacent to paved surfaces or structural edges such as sidewalks, walkways, driveways, parking lots, curbing, headers, and retaining walls, will be edged with a “blade edger” in order to maintain clean, crisp, and consistent edge lines.

3.2.1 Bed edges will be kept clean and well defined around shrub beds, open beds, and tree trunks, so as to prevent encroachment from lawn and other adjacent materials.

3.2.2 Edging will be performed on a regular basis so as to conform with the mowing schedule. All sidewalks and curbs will be edged every time the turf is mowed. Plant beds will be edged as often as required to prevent turf encroachment into the plant beds.

3.3 Weeding of Beds: Weeding of plant beds will be performed on a regular basis to control weed population and maintain healthy plants with a neat appearance.

3.3.1 Weeds will be removed from hedges, shrubs, and plant and tree beds at least every other week.

3.3.2 Ground cover beds infested with weeds will be chemically treated to kill the weeds. Weed control in plant beds, open beds, ground between plants, joints in walks, decks, curbs, and drives, will be performed using appropriate manual (Hand pulling), and/or chemical (herbicide) control methods. When it is necessary and practical to use chemical control, pre and post-emergent herbicides will be applied with care so as not to injure adjacent desirable plants.

3.3.3 Submit product data and SDS, minimum 30 days prior to use.

3.4 Pruning and Trimming: Selective pruning will be performed on all ornamental plants in order to maintain the natural habit of the plant and to ensure health and vigor.

3.4.1 Trees will be trimmed or pruned up to a height of 7 feet. No limbs larger than 1 ½ inches in diameter will be removed.

3.4.2 Trees which require cutting back or reshaping will be performed when requested. This would be defined as cutting back into the wood and into the previous year’s growth.

3.4.3 Trees larger than 10 feet and limbs larger than 1½ inches in diameter will be trimmed or removed when requested.

3.4.4 Ground covers and vines will be sheared as necessary in a uniform manner to maintain neat clean edges, surfaces, and overall appearance.

3.4.5 Shrubs and hedges will be sheared and pruned in a consistent manner to maintain optimum shape and size as growth habit dictates according to the individual potential for each type of plant variety.

3.4.6 Large shrubs and small trees less than 7 feet in height will be selectively thinned out to remove dead wood and foliage as well as interfering branch cross over. Trees will be maintained free of low hanging limbs and suckers from trunk or base.

3.4.7 Pruning of plants overhanging on curbs, sidewalks, passageways, patios, balconies, fences, air conditioning units and parking areas will be trimmed by the Contractor as necessary to ensure that the plants have a neat uniform appearance.

3.4.8 All trimmings and clippings will be collected and removed from the property.

NOTE: The scope of work is not intended to include shaping and or shearing the tops of trees. The intent is to maintain a consistent lateral line height of the canopy at 6 to 10 feet depending upon the specific requirements of the tree within respect to its location. Shearing and/or shaping of trees would be addressed as extra work.

3.5 Mulch: All existing trees, and flower and shrub beds shall receive mulch once per year, with coverage of new mulch at least 2” deep.

3.5.1 Submit product data and SDS for approval, minimum 30 days prior to use.

3.5.2 Mulch shall be free of pests and any type of foreign matter such as but not limited to weed seeds and seedlings.

3.6 Cleanup: Trash and all debris generated during the performance of this contract will be cleaned up from all drives, parking areas, sidewalks, curbs and gutters.

3.6.1 In conjunction with regular maintenance of turfed areas, all beds are to be cleaned of litter, debris, and weeds.

3.6.2 General trash cleanup of parking lots, and other non-landscaped areas shall be completed in conjunction with regular turf maintenance.

3.6.3 All turf will be cleared of litter and debris before mowing, so as not to shred and scatter foreign matter.

3.7 Irrigation: Contractor will repair or replace any properly installed sprinkler head damaged during the grounds maintenance operations. All other repairs will be performed on a time and materials basis.

3.7.1 Pump system operation, maintenance, and testing are not included in this agreement.

3.7.2 Once per month the sprinkler system will be thoroughly inspected to ensure proper operation and a written report will be submitted following each inspection.

3.7.3 Time clocks and valves will be checked for proper operation and or malfunctions. Time clocks and various zones will be properly coordinated to provide adequate water to maintain all planted areas in a thriving condition in accordance with each season of the year. The clocks will be timed so that water penetrates throughout the root zone only as frequently as necessary to allow an adequate supply of oxygen to the root system to encourage proper growth.

3.7.4 The irrigation system will be run to check for coverage and even distribution rates.

3.7.5 All clogged irrigation heads will be cleaned.

3.7.6 Heads will be adjusted as required to provide designed coverage.

3.7.7 Sprinklers will be checked, serviced, and adjusted for coverage on a monthly basis.

3.7.8 The sprinklers will be checked for apparent damage resulting from the maintenance operations. This will be accomplished during the performance of maintenance operations and will not require the sprinklers to be turned on.

3.7.9 Sprinkler system repairs required but not resulting from maintenance operations will be performed on a “cost plus” (time and materials) basis. Such operations may include: replacing damaged or missing heads, broken pipes, adding or moving heads in under watered areas, time clock repair, replacing or rebuilding valves, locating and splicing cut wires, etc.

3.8 Fertilization: NBAF turf shall be fertilized six (6) times per year by Contractor using a fertilizer formulated to meet specific turf and seasonal requirements.

3.8.1 submit product data and SDS for all fertilizers intended to be used on the NBAF grounds, minimum 30 days prior to use.

3.8.2 Plant material will be fertilized four (4) times per year by Contractor.

3.8.3 Upon request, Contractor will conduct soils tests with lawns each year before fertilizer is applied. Any corrective applications needed for adjustment of soil Ph will be done when requested.

3.9 Turf Weed Control: Contractor will be responsible for broadleaf weed control, including spot treatment, in NBAF lawns and beds.

3.9.1 submit product data and SDS for all herbicides intended to be used on the NBAF grounds, minimum 30 days prior to use.

3.9.2 All landscape areas covered by these specifications will be kept weed free through hand weeding and the use of post and pre-emergent herbicides.

3.9.3 Weeds germinating in paved areas, covered by these specifications, will be chemically controlled.

3.9.4 Turf areas that have already been overtaken with weeds to the point where re-establishing turf is beyond practicality are not covered under these specifications.

3.10 Snow Removal: Contractor shall provide snow removal services for sidewalks, driveways, and parking areas, set out in Appendix A.

3.10.1 The service shall be provided on an as-needed basis during the months of November, December, January, and February.

3.10.2 If snow fall exceeds 12 inches in a single snowfall, Contractor’s ability to keep up with snow removal may be exceeded or impeded until the snowfall has stopped. In such events, snow removal will continue as soon as possible after the snow has stopped falling.

3.10.3 Plowing, Salt/Sand Distribution of the drives and parking areas shall only take place if the accumulation of snow is at least four (4) inches.

3.10.4 Contractor shall treat plowed and cleaned surfaces skid free by applying a contractor furnished sand, salt or approved chemical, (Salt/Sand mixture or Chemical treatment must comply with State and Local Department of Transportation Requirements). Sidewalks to be kept in slip free condition.

3.10.5 Snow may not be piled up in any entrance to walkways. When snowfall is heavy or accumulation becomes excessive, the contractor shall place excess snow at accumulation points identified on the attached Appendix A or by the Contracting Officer’s Representative (COR) or Designated Representative.

3.10.6 If vehicles or other obstacles impede snow removal operations, Contractor will remove snow around them to the best of its ability. Contractor reserves the right to refuse services due to inaccessibility to the facilities grounds.

3.10.7 End of Season Cleanup shall be performed in the spring. Cleanup shall be completed within 15 business days of being notified by the COR. Sweep sand and debris from parking lots and sidewalks and remove from site.

3.11 Repairs: The Contractor shall be fully responsible for timely execution of all repairs to the irrigation system. All costs associated with responding to and accomplishing repairs shall be included in the fixed price for the contract, with the exceptions described herein:

3.11.1 Parts and materials shall be billed separately as described in paragraph 1.17.2.

3.12 Contractor Responsibility: The Contractor shall be responsible for giving immediate notice to the

CO and/or COR of any condition that is discovered that may present a hazard to either the equipment or passengers. The Contractor shall be responsible for notifying the CO or COR in writing, of the existence or development of any defects in, or repairs required to, the elevator equipment which they do not consider to be their responsibility under the terms of the contract.

Repairs expected to exceed 32 hours shall be reported to the COR.

3.13 Contractor Negligence or Omission: The Contractor, at no additional cost to the Government, shall accomplish all repairs resulting from prior acts of negligence on his part, or the part of his employees and agents, or omission in performing maintenance or repairs required in this contract. Should the Contractor and the CO be unable to agree as to whether particular damage was caused by a negligent act or omission of the Contractor, such dispute shall be settled pursuant to FAR 52.212-4 Contract Terms and Conditions – Commercial items, Disputes.

3.14 Repairs Necessitated by Other than Fair Wear and Tear: The Contractor shall immediately notify the COR whenever they find evidence that repairs are required due to other than fair wear and tear.

This includes fire, theft, vandalism, negligent acts, misuse, or abuse by anyone other than the Contractor, his agents or employees. Should USDA-ARS deem a criminal investigation warranted due to the evidence, the Contractor shall provide any technical information needed by the law enforcement agency performing the investigation. The Contractor shall not be required by this contract to make renewals or repairs necessitated by proven negligence or misuse of the equipment by persons other than the Contractor, their representative and employees, or by reason of any other proven cause except for normal wear and tear, beyond the control of the Contractor. The CO reserves the right to make the final determination concerning the responsibility for such defects, corrections or repairs.

PART 4

DELIVERABLES SCHEDULE

Deliverable

PWS

Paragraph Frequency Submit To

Quality Control Plan (QCP)

1.8 Within 30 days of NTP / Within 5 days

of changes being made

CO

Contractor Performance Assessments

1.10 As requested COR

Contractor Kansas Pesticide Certification Kansas Registered Technician Certificates

1.15.2 Included with QCP CO & COR

Employee Roster 1.15.3.1 Prior to beginning work on this PWS /

Monthly Updates

CO & COR

Written Notification of Conflict with Environmental & Occupational Safety Laws, Rules and Regulations

1.18 Within 24 hours of occurrence CO & COR

Pre and Post-emergent herbicide Product Data and SDS

3.3.3 Minimum 30 days prior to use COR

Mulch Product Data and SDS 3.5.1 For approval, Minimum 30 days prior to use

COR

Deliverable

PWS

Paragraph Frequency Submit To

Fertilizer Product Data and SDS 3.8.1 Minimum 30 days prior to use COR

Herbicide Product data and SDS 3.9.1 Minimum 30 days prior to use COR

Sand/Salt Mixture of Chemical Treatment 3.10.4 Minimum 30 days prior to use COR

PART 5

APPLICABLE PUBLICATIONS

5. APPLICABLE PUBLICATIONS (CURRENT EDITIONS): The Contractor must abide by all applicable regulations, publications, manuals, and local policies and procedures. Any Contractor provided publications are to be procured and maintained at Contractor’s expense.

Number

Title

FAR 52.212-4 Contract Terms and Conditions for Commercial Items for Inspection / Acceptance

FAR Subpart 42.5 Post Award Orientation

DOD Directive 5500.7-R Joints Ethics Regulation

41 USC 423 Restrictions on Disclosing and Obtaining Contractor Bid or Proposal

FAR Subpart 9.5 Organizational and Consultant Conflicts of Interest

AR 530-1 Operations Security

AR 310-25 Dictionary of United States Army Terms

FAR 37.102 Service Contracting – General – Policy

FMR 107-71.20 (41 CFR 102-71.20) What Definitions Apply to GSA’s Real Property Policies

PART 6

TECHNICAL EXHIBIT LISTING

6. TECHNICAL EXHIBIT LIST

6.1 Appendix A – Grounds Maintenance Area

6.2 Technical Exhibit 1 – Plant Types