Attachment B- Performance Work Statement.docx

PERFORMANCE WORK STATEMENT

HERBICIDE APPLICATION

JEFFERSON BARRACKS CEMETERY, 2900 Sheridan Rd, St. Louis, MO 63125

NCA MISSION

NCA honors Veterans and their eligible family members with final resting places in national shrines and with lasting tributes that commemorate their service and sacrifice to our Nation.

NATIONAL CEMETERY BACKGROUND AND SOW STANDARDS:

National Cemeteries are National Shrines that honors our Veterans with a final resting place and lasting memorials that commemorate their service to our Nation. The standards of maintenance, appearance and operational procedures performed by the Contractor at this cemetery shall reflect this nation’s concern for those interred there. For this reason, in addition to the Dignity Clause, the Contractor’s strict adherence to the specifications of the Operational Standards and Measures (please review this additional attached document file) shall be required and shall be essential.

Every action by contractor personnel at a national cemetery must be performed with the special care, reverence, dignity, and respect that acknowledges the cemetery as the final resting place that commemorates the service and sacrifice that service members, Veterans and their families made for our Nation. Critically important is the awareness required of the Contractor employees of the remains buried in the grounds where the work is performed. The utmost care must be given to these remains and the headstones and flat grave markers that mark those gravesites and memorialize the service of individuals.

PERIOD OF PERFORMANCE

This is an Indefinite-Delivery, Indefinite Quantity requirement. The term of this contract shall be for a period from Date of contract award through 365 calendar days plus four (4) 1-year Options through 2030, if exercised. Contractor shall submit an invoice electronically, in arrears, at the end of each month.

GENERAL REQUIREMENTS

(a) All work shall be performed during normal cemetery hours of operation 8:00AM, through 4:00PM local time Monday through Friday. Work performed outside of normal work hours may be required for interments or ceremonies on Federal Holidays or weekends. Contractor may make a written request to the Contracting Officer Representative (COR), in advance, to work outside of the normal work hours when needed to carry out the specifications of this contract.

(b) Federal Holidays: All work required under this contract shall be performed during normal cemetery hours of operation. Except for Memorial Day and Veterans Day, work is normally not conducted on Federal holidays.

The following is a list of all Federal holidays:

FEDERAL HOLIDAYS

SECTION A: TECHNICAL SPECIFICATIONS

The following list, with subsequent corresponding descriptions of services, describe the contractor requirements. The Contractor through innovation, technology, or other means, shall perform the required services at frequencies agreed upon by the Contractor and, the Contracting Officer Representative (COR), and the Cemetery Director. Performance shall be based on the Government’s evaluation of results, and the frequency or methods of the Contractor's performance of the required/agreed upon descriptions of services.

A.1.1 March Post-emergence Herbicide Application: 273 acres to be treated, see attachment B however, during option year two an additional 27 acres will be added from Sylvian Springs See Attachment C. The contractor shall provide all labor, supervision, material, equipment, tools and supplies to complete the herbicide spraying at Jefferson Barracks National Cemetery. The contractor shall apply Sublime Herbicide Solution for Broadleaf and weed control utilizing a blend of triclopyr, dicamba and mesotrione active ingredients at the rate of 1.5oz per 1000 square feet (SF) for the month of March. The specific dates are to be determined by the Gardener/COR and grounds foreman on a yearly basis.

a) Sublime Herbicide Solution shall be applied to 273 acres of turfgrass areas with the proper type and rate of herbicides that shall control weeds present (typically clover, dandelion, plantain, oxalis, chickweed, henbit, crab grass, etc.) and must be completed within one week of the start date, weather permitting.

b) Any re-treatment needed because of the Contractor’s failure to follow manufacturer’s instructions shall be done at the Contractor’s expense. Repeat, follow-up, and/or spot spray herbicide applications, as needed.

c) Contractor shall provide sufficient evidence that the maximum commercial label rate for all established turf has been achieved (Delivery and receivable must be verified by the COR).

d) Method and spray equipment must not be higher than 24 inches off the ground. The contractor must be licensed and insured in the state of Missouri.

e) Headstones must be kept in clean and presentable condition within NCA Standards. Failure by the Contractor to meet standards, shall be corrected by the contractor before COB.

A.1.2 May Post-emergence Herbicide Application with Yellow Nutsedge Control: 273 acres to be treated, see attachment B, however, during option year two an additional 27 acres from Sylvian Springs will be added, See attachment C. The contractor shall provide all labor, supervision, material, equipment, tools and supplies to complete the herbicide spraying at Jefferson Barracks National Cemetery. The contractor shall apply Sublime Herbicide Solution for Broadleaf and weed control utilizing a blend of triclopyr, dicamba and mesotrione active ingredients at the rate of 1.5oz per 1000 square feet (SF) for the month of May or June. This application shall also include SedgeMaster/Halo for yellow nutsedge control at the rate of 1.3oz per acre.

a) The specific dates are to be determined by the Gardener/COR and grounds foreman on a yearly basis.

b) Sublime Herbicide Solution and SedgeMaster/Halo shall be applied to 273 acres of turfgrass areas with the proper type and rate of herbicides that shall control weeds present (typically clover, dandelion, plantain, oxalis, chickweed, henbit, crab grass, yellow nutsedge etc.) and must be completed within one week of the start date, weather permitting, and prior to air temperatures being consistently over 85 degrees.

c) Any re-treatment needed because of the Contractor’s failure to follow manufacturer’s instructions shall be done at the Contractor’s expense. Repeat, follow-up, and/or spot spray herbicide applications, as needed.

d) Contractor shall provide sufficient evidence that the maximum commercial label rate for all established turf has been achieved (Delivery and receivable must be verified by the COR).

e) Method and spray equipment must not be higher than 24 inches off the ground. The contractor must be licensed and insured in the state of Missouri.

f) Headstones must be kept in clean and presentable condition within NCA Standards. Failure by the Contractor to meet standards, shall be corrected by the contractor before COB.

SECTION B: ROLES AND RESPONSIBILITIES

B.1 USE OF CEMETERY FACILITIES AND UTILITIES

(a) The Government shall not be responsible for any loss, damage, or theft of Contractor equipment, supplies, items, or personal property. Contractor shall be responsible for acceptable standards of housekeeping and custodial maintenance of Department of Veterans Affair’s facilities used by Contractor's employees.

(b) The Government shall provide limited space assigned by the COR. Space offered shall be in “as-is" condition. Any such modifications or alterations shall be at the expense of the Contractor. Upon completion of the contract, the facility shall be returned to the government in the same condition as received at the expense of the Contractor, except for reasonable wear and tear.

(c) The Government shall not provide the Contractor with any equipment, supplies, fuel storage, or telephone and utility services. If available, only water utilities at designated work and storage areas shall be provided for purposes of contract performance only. The Contractor shall be responsible for the cleaning and maintaining of any Government spaces provide for their use. The Contractor shall take adequate safety precautions to prevent hazardous product spills, fire hazards, odors, unsightly appearances, and unsanitary conditions.

(d) The Contractor is responsible for safely handling and disposition of all fluids, oil, cleaning solutions, hazardous materials, used parts, etc. in accordance with manufacturers recommendations, OSHA standards, State and Federal regulations.

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

(f) Government buildings, service shelters and customer public bathrooms are available, but are not easily accessible due to the size of the cemetery grounds. Due to the size of the cemetery and the location of the stationary restrooms, the Contractor may consider having at least 3 portable toilets place throughout the cemetery grounds for the convenience contracted ground maintenance staff. Portable toilet location must be coordinated with the COR prior to placement.

(g) Back fill and black dirt materials shall be provided by Jefferson Barracks National Cemetery

B.2 OPERATIONS AND STORAGE AREAS

(a) The Contractor shall confine all operations (including storage of materials) on Government premises to areas as coordinated by the COR and/or CO as appropriate.

(b) Temporary buildings (e.g., storage sheds, shops, offices) and utilities may be erected by the Contractor in coordination with the COR and/or CO as appropriate and shall be built with labor and materials furnished by the Contractor without expense to the Government. The temporary buildings and utilities shall remain the property of the Contractor and shall be removed by the Contractor at its own expense upon completion of the contract.

(c) The Contractor shall, use only established roadways, or use temporary roadways constructed by the Government. When materials are transported in performance of work, vehicles shall not be loaded beyond the loading capacity recommended by the manufacturer of the vehicle or prescribed by any Federal, State, or local law or regulation. When it is necessary to cross curbs or sidewalks, the Contractor shall protect them from damage. The Contractor shall repair or pay for the repair of any damaged curbs, sidewalks, or roads that has been caused by the Contractor. To minimize interference of daily operational activities with flow of Cemetery traffic, the Contractor is to keep roads, walks and entrances to grounds, parking and occupied areas of buildings clear of materials, debris, and equipment. At least one lane must be always open to traffic.

(d) The COR shall designate working space and space available for storing materials.

(e) Contract personnel are subject to the Cemetery rules of conduct. In addition to items listed elsewhere in this contract, the Contractor is responsible for ensuring that no contract work causes any committal service, ceremony, procession, or visitation to be delayed, altered, or otherwise impacted in such a way that the dignity, security, or safety of the event or visit is compromised.

(f) Contractor shall execute work in such a manner as to interfere as little as possible with work being done by other contractors. Keep roads clear of materials, debris, always standing equipment and vehicles. Materials and equipment shall not be stored in other than assigned areas.

B.3 UTILITY INTERRUPTIONS

(a) No utility services such as water, gas, steam, sewers or electricity, or fire protection systems and communications systems may be interrupted without prior notification to the COR and/or CO as appropriate.

(b) Contractor shall submit a notice to and shall coordinate with the COR and/or CO as appropriate regarding the interruption of any such services, in writing, 48 hours in advance of interruption. Notification shall state reason, date, exact time of, and approximate duration of such interruption.

(c) Interruption shall cause least inconvenience to operations of Cemetery. Interruption time may occur at other than Contractor's normal working hours.

B.4 PROTECTION & DAMAGE

(a) The Contractor shall preserve and protect all structures, equipment, grounds, and vegetation (such as trees, shrubs, gravesites, and grass) within the cemeteries which are not to be removed and which do not interfere with the work required under this contract. The Contractor shall only remove trees when specifically coordinated to with the COR and/or CO as appropriate and shall avoid damaging vegetation that shall remain in place. If any limbs or branches of trees are broken during contract performance or by the careless operation of equipment by workmen, the Contractor shall trim those limbs or branches with a clean cut, apply tree bandage spray to tree stub, and properly dispose of broken limb from the site as defined herein.

(b) The Contractor shall preserve all grounds (such as turf, gravesites etc.). For example, Contractor shall not create or produce tire ruts with equipment in cemetery property. driving over recently dug gravesites. All damage caused by Contractor to cemetery property shall be repaired at Contractor’s expense.

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

B.5 RESTORATION

(a) Except as otherwise shown or specified, contractor shall not disturb any water, steam, gas, internet, telephone, electric or other services. Existing work to be altered or extended that is found to be defective in any way, shall be reported to the COR and/or CO as appropriate before it is disturbed. Materials and workmanship used in restoring work shall conform in type and quality to that of original construction, except as otherwise shown or specified. Any additional requirements must be awarded and distributed by the CO before any work can be initiated to avoid unauthorized commitments in the future.

(b) Upon completion of contract, existing work (lawns, paving, roads, walks, buildings, utilities, facilities, etc.) disturbed, removed, or damaged because of performing required services, shall be patched, repaired, reinstalled, or replaced as determined necessary by the COR & at the expense of the Contractor. Lawns, paving, roads, walks, buildings, utilities, facilities, etc. shall be repaired / refinished and left in as good condition as existed before contract commencement. All restoration work shall be accomplished without undue delay and jointly inspected by the COR and Contractor thirty (30) days prior to contract completion.

(c) The Contractor, at its own expense, shall immediately restore to service and repair any damage caused by Contractor's workmen/sub-contractors to existing piping, conduits, wires, cables, etc., of utility services or of fire protection systems and communications systems (including telephone - if applicable), to the work performed under this agreement, which are not scheduled for discontinuance or abandonment.

B.6 CONTRACT ADMINISTRATION

(a) Representatives of the Contracting Officer: The VA Contracting Officer shall designate one (or more) representatives to serve as the Contracting Officer’s Representative (COR) to act for him/her in furnishing technical guidance and advice for 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.

(b) Contractor’s work schedule shall account for daily cemetery activities and operations and minimize any disruptions. 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) Schedule services

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

(c) All administrative contract functions are the responsibility of the VA Contracting Officer. Any modifications to the contract, including those involving no-cost changes, increases, and decreases in cost 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.

(d) 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 a list of Government personnel authorized to act as COR.

B.7 CONTRACTOR RESPONSIBILITIES

(a) The Contractor shall be aware of the intensive labor and equipment requirements needed to meet contract specifications. The Contractor shall not be in default because of any failure to perform this contract under its terms if the failure arises from causes beyond the control and without the fault or negligence of the Contractor. The government expects the Contractor to work throughout all weather conditions not determined as severe and to apply additional labor and equipment as necessary to meet deadlines.

(b) The Contractor is responsible for taking all precautions to prevent damage to the cemetery, in any manner, including headstones, markers, monuments, flower bases, trees and other structures during maintenance operations. The Contractor shall be charged current replacement costs for headstones, markers and other cemetery structures or property damaged because of actions by the Contractor and/or its personnel.

(c) 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. The Contractor shall be responsible for the cleaning and maintaining of Government spaces provided for their use. Contractor shall be responsible for acceptable standards of housekeeping and custodial maintenance of Department of Veterans Affair’s facilities used by Contractor's employees.

(d) The Government shall not provide the Contractor with any fuel storage, equipment, trash/recycling, electricity, telephones, or utilities. The Contractor shall take adequate safety precautions to prevent hazardous product spills, fire hazards, odors, unsightly appearance, and unsanitary conditions.

(e) The Contractor is responsible for safely handling any chemicals, pesticides, herbicides, cleaning solutions, etc. in accordance with manufacturers recommendations, and Federal and State guidelines. A MSDS (Material Safety Data Sheet) is required for all chemicals, pesticides, herbicides, and cleaning solutions. The Contractor shall comply with Minnesota Statute 18B and is responsible for obeying all Federal & State Pesticide/Herbicide and Fertilization applicator laws in the performance of work on cemetery property. Pesticide Management Sheets shall be submitted to COR by COB of all applications performed per instruction of Minnesota Statutes 18B.37.

(f) If space is provided, only the Contractor’s equipment, supplies, and property necessary to perform work under this contract shall be stored at the Contractor's designated storage area. No maintenance or repair of Contractor equipment shall be done on cemetery property. Maintenance or repair of Contractor equipment shall only be conducted in designated area by the COR.

(g) 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.

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

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

(j) 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 cost to the government.

(k) 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.

(l) 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 Missouri.

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 and/or CO as appropriate (either orally or via telephone) within twenty-four (24) hours of the injury and provide details and exact location of the incident.

B.8 STANDARDS OF EMPLOYEE CONDUCT

JEFFERSON BARRACKS CEMETERY is a National Shrine. The National Cemetery Administration (NCA) are national shrines that honors Veterans with a final resting place and lasting memorials that commemorate their service to our Nation. The standards of work, appearance, and procedures performed by Contractors at National Cemeteries shall reflect this nation’s concern for those interred there. Due to the sensitive mission of the cemetery, Contractor’s personnel must exercise and exhibit absolute decorum, composure, and stability always. See attachment G – Dignity Clause.

As the work being performed is at a National Cemetery all Contractor’s employee must always look professional and neat in appearance; and be fully clothed to include upper garment to cover the body from the waist to neck and long pants or slacks. The Contractor shall require its employees, including subcontractors, to always wear distinctive visible identification for easy identification while on NCA premises. Contractor and Contractor’s personnel (including subcontractor and their employees) shall be required to adhere to the standards of dress and conduct while performing work on the National Cemetery. These standards and regulations are enforceable under Title 38, U.S.C. Section 218.

Contractor’s personnel shall:

1. be fully always clothed, 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. Tank tops as outer garments are prohibited. Tee-shirts shall have the company logo visibly displayed. 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.

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

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

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

1. only smoke in smoking areas, as designated by the COR and/or CO as appropriate. All other areas are designated as NO SMOKING.

B.9 ROLES & RESPONSIBILITIES OF KEY PERSONNEL

1. On Site Manager: The Contractor shall provide an English speaking “On-Site Manager” who shall be always on-site during contract performance. The Site Manager shall be responsible for the following:

a. Directing, overseeing, and coordinating the work involved.

b. Staying apprised of all upcoming cemetery functions including special holiday events and interment activities.

c. 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.

d. The On-Site Manager shall re-direct work throughout the rest of the Cemetery – so that productive use of labor and equipment is assured, and downtime is avoided.

B.10 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.

Note: To cause the least possible interference with cemetery activities, contract personnel shall stop (cease) all work in areas where services 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.

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

B.11 QUALITY ASSURANCE PLAN

(a) General: The procedures and methods established in this Quality Assurance Plan shall serve as a guide for all parties involved to ensure that the VA/NCA receives the services paid for and specified in this contract.

(b) 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 work performed and submitted by the Contractor for acceptance after Contractor has approved the work from its workers. The Government reserves the right to reject any work that does not meet contract specifications. Work rejected by the COR shall be re-performed without cost to the Government.

(c) Daily Progress Report: Daily, the Contractor shall provide a written progress report to the COR of all work completed at Fort Snelling National Cemetery. If there are problems or issues adversely affecting progress of the contract, a detailed explanation shall be indicated on the report.

(d) Payment: The Contractor shall submit a monthly invoice in arrears for all services rendered. Prior to certification of payment, invoices shall be verified by the COR for accuracy against all Daily Progress Reports submitted by the Contractor for the billing period.

(e) Partnering: In order to have an effective contract administration program that also ensures a successful business relationship between VA/NCA and the Contractor, all parties involved in the service delivery process must work as a team and always foster open and honest communication. Close coordination and active cooperation on a continuous basis between the Contractor and those representing the Contracting Officer are necessary to ensure a clean, safe, and healthy working environment, and a well-maintained national cemetery.

(f) Performance Evaluation: Both the Contractor and the Government, at the time of contract award, have agreed upon all terms and conditions as stated in the contract. During the life of the contract, contractor performance shall be documented by means of written inspections, minutes of meetings, visitor surveys and records which shall be retained as part of the official contract file.

(g) Effectiveness of Quality Control: The COR shall assess the effectiveness of the Contractor's Quality Control Program through review of reports required of the Contractor, service delivery information, customer interaction, and by means of visual inspections.

(h) Service Delivery: The quality and timeliness of the Contractor's performance of the scheduled program shall be used to assess the overall service delivery. If the Contractor's performance remains less than satisfactory or fails to adhere to the contract specifications, the Government may contract for the services and charge the Contractor for all costs incurred, including administrative costs.

(i) Performance Objectives/Inspection Methods and Frequencies: NCA representatives shall make tours and inspections through the Grounds and other areas covered by this contract with the COR, to ascertain the level of services being performed. The Contractor shall be informed of satisfactory, marginal, or unsatisfactory performance by the COR. The inspections shall be carried out in the following manner.

(a) Random Sampling: The COR shall inspect daily/weekly progress thru random inspections of a section or job.

(b) Periodic Work: All areas identified for periodic work shall be inspected by the COR upon completion.

B.12 INSPECTION AND ACCEPTANCE

(a) If Government inspection reports indicate performance deficiencies, the CO or COR may require the Contractor to explain, in writing, why performance was unacceptable, how performance shall be returned to acceptable levels, and how recurrence of the problem(s) shall be prevented in the future. The CO and/or COR shall evaluate the Contractor's explanation.

(b) At the sole election of the Government, and upon notification of the Contractor, the Contractor may be required to re-perform or perform late any or all defective work disclosed by Government inspection, including incomplete performance. Where the Government so elects, the Contractor shall be notified promptly after inspection that specified defective services must be re-performed or performed late, and completed within a reasonable time, as specified by the Government. In such cases, the Government shall re-inspect the work designated for re-performance or late performance, and the Contractor may be liable for any damages sustained by the Government including, for example, the costs associated with re-inspection. All re-performance by the Contractor shall not be a reimbursable cost.

(c) Re-performance, and the acceptance of re-performance (or late performance), shall be determined by the CO or COR on an individual service work item basis.

(d) The Government reserves the right to have any or all the existing deficiencies corrected by other means. The Contractor shall have the full amount of the cost for having these deficiencies corrected deducted from the monthly payment.

(e) Payment may be withheld for failure to comply with any terms and conditions of the contract.

(f) Payment may be withheld for failure to comply with any terms and conditions of the contract.

B.13 DEFINITIONS

(a) Contracting Officer (CO): The CO has the overall responsibility for administering this contract. He/she alone, without delegation, is permitted to take actions on behalf of the Government to amend, modify, or deviate from the contract terms, conditions, requirements, specifications, details, and delivery schedules; make final decisions on disputed deductions from contract payments for nonperformance or unsatisfactory performance; terminate the contract for convenience or default; and issue final decisions regarding contract questions or matters under dispute. Additionally, he/she may delegate certain other responsibilities to his/her permitted representatives.

(b) Contracting Officer’s Representative (COR): The COR is designated by the CO at time of award and if necessary revised by letter during the contract period to assist him/her in discharging his/her responsibilities. The responsibilities of the COR include but are not limited to: Evaluating Contractor performance with the Government's representative at the work site; advising the Contractor of proposed deductions for nonperformance or unsatisfactory performance; compliance with contract requirements insofar as the work is concerned; and advising the CO of any factors which may cause delay in work performance. The COR shall assist in the discharge of the Contracting Officer's responsibilities when the Contracting Officer is unable to be directly in touch with the contract work.

(c) 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.

(d) Contractor: Also referred to as the Onsite Manager in the field. The term “Contractor” as used herein refers to 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.

(e) 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.

(f) NCA Turf & Landscape Handbook 3420: Outlines procedures for the proper establishment and care of turf-grass in VA National Cemeteries. A copy of the handbook shall be provided to the Contractor by the COR.

(g) Applicable Publications: Every Contractor and subcontractor shall comply with the Occupational Safety & Health Administration (OSHA) safety and health standards published in 29 CFR Part 1925 (Safety & Health Regulations for Federal Service Contracts). OSHA Safety & Health Regulations and any other publication referenced in this contract shall be with the same force and effect as if they were given in full text.

(h) Title 38, U.S.C. Section 218: Security and Law enforcement at Veterans Administration Facilities. Every Contractor and subcontractor shall comply with the Veterans Affairs rules and regulations.

(i) The Contractor shall comply with all state pesticide and fertilizer laws and regulations and is responsible for obeying all Federal & State Pesticide/Herbicide and Fertilization applicator laws in the performance of work on cemetery property.

(j) Floral Policy: A copy of JEFFERSON BARRACKS CEMETERY Floral Policy shall be provided to the Contractor by the COR.

(k) COB: Close of Business

(l) JBNC: Jefferson Barracks National Lakes Cemetery

(m) MAL: Minimum Acceptable Levels

(n) CPARS: Contractor Performance Assessment Reporting System

(o) CLIN: Contract Line-Item Number

List of Attachments

ATTACHMENT- A – CDR

CONTRACT DISCREPANCY REPORT

5. Dates

Discrepancy or Problem: (Describe in detail. Include reference to PWS Directive; attach additional sheet if necessary.)

Signature of Contracting Officer or COR:

9. Contractor Response as to Cause, Corrective Action, and Actions to Prevent Recurrence: (attach additional sheet if necessary.)

11. Government Evaluation: (Acceptance, partial acceptance, reflection; attach additional sheet if necessary.)

12. Government Actions: (Reduced payment, cure notice, show cause, other)

13. Close Out

Contractor Notified

b. COR

c. CO

ATTACHMENT – B – Jefferson Barracks Cemetery Map

Attachment C Sylvian Springs Map

Attachment D - DIGNITY CLAUSE Respect for Headstones and Markers in National Cemeteries; Handling of Markers and Headstones

1. Every action by contractor personnel at a national cemetery must be performed with the special care, reverence, dignity, and respect that acknowledges the cemetery as the final resting place that commemorates the service and sacrifice that service members, Veterans and their families made for our Nation. Critically important is the awareness required of the Contractor employees of the remains buried in the grounds where the work is performed. The utmost care must be given to these remains and the headstones and flat grave markers that mark those gravesites and memorialize the service of individuals.

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

0. No tools, equipment or other items shall be placed or leaned on headstones or markers.

0. Use care not to scratch or damage markers in any manner.

0. Contractor shall be responsible for replacing damaged headstones and markers and for restoring turf damaged during performance of this work.

0. Additionally, should any activity result in the exposure and/or damage to any remains, container for remains (e.g., casket or urn), or outer burial container, the contractor must contact the COR and/or CO as appropriate, and the Director/Assistant Director.

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

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

Contractor must discuss the guidance in this paragraph with its employees and all subcontractors. Any doubts as to proper procedures shall be brought to the attention of the COR and Contracting Officer for guidance or resolution. Contractor and subcontractor employee shall sign a Statement of Compliance (if applicable); and shall deliver the signed statements to the COR before work may begin or before any new employee is allowed to work on Cemetery grounds.

Contractor shall be responsible for maintaining satisfactory standards of personnel conduct and work performance and shall administer disciplinary action as required. Contractor is expected to remove any employees from the Cemetery for cause, to include, but not limited to, safety violations, other misconduct in performance of duty under these specifications and/or conduct contrary to the best interests of the Government. Contractor’s objections to any such action shall be referred to the Contacting Officer for final resolution; however, the Contractor shall first immediately comply pending the Contacting Officer final resolution at a later time or date. The Contractor shall not be due any type of compensation for their costs incurred because of an employee being removed for cause unless the removal is found invalid and/or unreasonable by the Contracting Officer.

(a) Questions from cemetery visitors shall be politely answered by Contractor personnel or referred or directed to cemetery personnel.

(b) Contractor personnel shall not utilize cellphones or any device that shall hinder safety while operating vehicles inside JEFFERSON BARRACKS CEMETERY property.

(c) Government buildings, service shelters and customer public bathrooms are available, but are not easily accessible due to the size of the cemetery grounds. Due to the size of the cemetery and the location of the stationary restrooms, the Contractor may consider having at least 3 portable toilets place throughout the cemetery grounds for the convenience contracted ground maintenance staff. Portable toilet location must be approved by the COR prior to placement.

(d) Contractor shall not dispose trash on cemetery grounds. Contractor shall use Contractor’s trash and recycle services to throw their trash away.

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