Draft Performance Work Statement - Fayetteville Natl Cem.pdf

Performance Work Statement Fertilizer and Herbicide Applications

Fayetteville National Cemetery Fayetteville, AR

1. GENERAL INFORMATION AND REQUIREMENTS

The Department of Veteran Affairs, National Cemetery Administration intends to award an IDIQ contract for the procurement of turf fertilizer and application services at Fayetteville National Cemetery and hereafter referred to as “Cemetery”.

1.1. THE NCA MISSION

The National Cemetery Administration honors veterans with a final resting place and lasting memorials that commemorate their service to our Nation. National cemeteries are national shrines. 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, the Contractor’s strict adherence to the specifications shall be required and shall be essential.

1.2 OUTLINE OF SERVICES

Except where otherwise stated the Contractor shall provide all professional advice/guidance, labor, supervision, management, tools, materials, equipment, facilities, transportation, and other items necessary to provide the service outlined below and described in this Performance Work Statement. The services will consist of a complete fertilizer and herbicide application program for ornamental turf.

1.3 PLACE OF PERFORMANCE

1.3.1 The services shall be performed at the following location:

Fayetteville National Cemetery 1000 S. Lt. Col. Leroy Pond Avenue Fayetteville, AR 72701

1.3.2 The cemetery is approximately 11.88 acres of established and irrigated Hybrid Bermudagrass turf. It is an open cemetery and areas with recent interments may have sod or seed in the process of establishment.

1.4 PERIOD OF PERFORMANCE

The period of performance for this project shall consist of a base period of approximately twelve (12) months and four (4), one (1) year, option periods (if exercised).

1.5 CONTRACT DEFINITIONS/ACRONYMS

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

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

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

1.5.4 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.

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

1.5.6 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.

1.5.7 NCA Integrated Pest Management Procedures Handbook 3410 – An excerpt from Handbook 3410 is provided in Appendix D. Only the “Weed Control in Turf grass Areas” portions indicated in the handbook shall apply to this contract.

2 TECHNICAL SPECIFICATIONS

2.1 SCOPE OF WORK

The Contractor shall be responsible for fertilizer and herbicide applications on all improved turf within the Cemetery. All improved turf shall be maintained in the same manner as a high quality residential lawn under contract from a professional lawn maintenance service, ensuring the environment remains visually appealing and safe for visitors.

2.2 NCA STANDARD

Standard 2.1a: 100% of visually prominent areas are generally weed-free. Generally weed free:

Population of weeds is very widely scattered and visually insignificant when the total expanse to the cemetery turf grass is observed. They in no way distract from the visual attractiveness of the landscape (NCA Operational Standards and Measures).

2.3 LICENSED APPLICATOR

2.3.1 A “Licensed Applicator” shall serve as the “site manager” for this contract and will be provided by the Contractor when work is being performed; all herbicide applications shall be applied directly by or under the supervision of a current commercially licensed pesticide applicator.

2.3.2 The licensed applicator must be licensed by the Arkansas Department of Agriculture / State Plant Board as a Commercial Pesticide Applicator; the license must be active and include the Ornamental and Turf classification. All applications shall be performed as per the Rules and Regulations of the Arkansas Department of Agriculture. The Contractor shall submit the license to the COR prior to commencing work.

2.3.3 The Licensed Applicator must have at least three (3) years’ experience performing herbicide applications in commercial (non-residential) turf and ornamental landscapes. The Licensed Applicator will ensure all specifications are being met, ensure contract work does not conflict with ceremonies and funerals, and ensure employees are adequately supervised and proper conduct is maintained.

2.3.4 Any proposed personnel change for the Licensed Applicator shall be approved a minimum of ten

(10) business days prior to a pesticide application.

2.4 SUBMITTALS

2.4.1 The Contractor shall submit the following documents or information in accordance with the descriptions and table below. All reporting and records must meet applicable State and Federal Regulations for fertilizer and pesticide applications. The cemetery will maintain records for internal documentation and audit requests.

2.4.2 Arkansas Commercial Pesticide Applicator’s License: The Contractor shall submit the applicator’s license with their proposal. Staff serving as the Licensed Applicator must have their license on their person when applications are conducted.

2.4.3 Pesticide and Fertilizer Application Plan: The Contractor shall complete and submit a detailed Pesticide and Fertilizer Application Plan to the COR and/or Cemetery Leadership no later than 30 days following the award (Attachment 2). The Contractor submitted plan shall directly correspond to the specifications in this Performance Work Statement.

2.4.4 A minimum of five (5) business days in advance of each fertilizer or pesticide application, the contractor shall provide the MSDS and Label for all chemical products as well as the completed Pesticide or Fertilizer Application Proposal (Attachment 3). A different format that includes all reporting requirements may be proposed by the contractor within thirty (30) days of award for government approval.

2.4.5 The contractor shall provide the completed Fertilizer Application Record or Pesticide Application Record by 5:00 pm the day of application. (Attachment 4 and Attachment 5). A different format that includes all reporting requirements may be proposed by the contractor within thirty (30) days of award for government approval.

2.4.6 By 5:00 PM each day of work, the Contractor shall provide a written Work Summary and Progress Report to the COR of all work completed at the cemetery location (Attachment 6). If there are problems or issues adversely affecting progress of the work involved, a detailed explanation shall be indicated on the report.

2.4.7 See the following summary of submittals:

Table 2.4. Summary of Submittals for Chemical Applications at Pikes Peak National Cemetery.

Submittal Frequency Submittal Schedule

Work plan/Staffing plan (Employee List) Initial and as revised With proposal

Site Supervisor / Licensed Applicator Qualifications (Resume if available) Initial and as revised With proposal

Current/valid licenses (includes driver’s license and Pesticide Applicator’s license), permits, insurance on vehicles, liability/Workman’s Compensation insurance, etc.

Initial and as revised With proposal

Equipment List Initial and as revised With proposal

Pesticide and Fertilizer Application Plan Initial and each OY Within 30 days of award

Pesticide or Fertilizer Application Proposal As Needed A minimum of five (5) business days prior to use

Fertilizer and herbicides information sheets/labels As Needed A minimum of five (5) business days prior to use

Work Summary and Progress Report As Needed Day of work by 5:00 PM

Fertilizer and/or Pesticide Record As needed Day of application by 5:00

PM

2.5 FERTILIZER

2.5.1 Fertilizers shall be applied based on the results and recommendations of a representative soil test for the cemetery or section(s). The cemetery will conduct the soil test at a frequency of one (1) to three (3) years, and the COR will provide the most recent soil test results to the contractor by 31 January every year (Attachment 9). Only a fertilizer or fertilizer program recommended by the soil test results shall be applied unless approved otherwise by the COR and District Agronomist.

2.5.2 In accordance with the submitted Pesticide and Fertilizer Application Plan, the contractor shall schedule the fertilizer application date with the COR and only apply once given approval by the COR. The contractor shall give the COR a minimum five (5) business days’ notice prior to application.

2.5.3 A minimum of five (5) business days in advance of each fertilizer or pesticide application, the contractor shall provide the MSDS and Label for all chemical products as well as the completed Pesticide or Fertilizer Application Proposal (Attachment 3).

2.5.4 The contractor shall provide the completed Fertilizer Application Record (Attachment 4) by 5:00 pm the day of application.

2.5.5 The fertilizer product shall meet the following requirements:

2.5.5.1 Comply to soil test recommendations

2.5.5.2 Be a granular formulation

2.5.5.3 Contain 50% slow-release N

2.5.5.4 Contain micronutrients (ie S, Mn, Mg, Fe) as/if indicated by soil test

2.5.6 The fertilizer application rates shall meet the following requirements:

2.5.6.1 Each individual application supplies 1 to 1.5 lbs N per 1000 sq ft

2.5.6.2 All applications within one growing season total to 4 to 5 lbs N per 1000 sq ft

2.5.6.3 Additional macronutrients at a rate not to exceed 1 lbs phosphate (P2O5) and 2 lbs potash

(K2O ) per year as/if indicated by soil test

2.5.7 Following the Grounds Management Plan, see the fertilizer program for hybrid bermudagrass at the cemetery with example product and rate:

Table 2.5. Fertilizer program for 11.88 acres of hybrid bermudagrass turf at Fayetteville National Cemetery.

Application Prescription Timing Indicators Example Product and Rate

#1 1 to 1.5 lb N per 1000 sq ft

April 15 to May 15

Following emergence from winter dormancy and up to

3 mowings.

32-0-0 with 50% SCU at

3.13 lbs product per 1000 sq ft

#2 1.5 lb N per 1000 sq ft

July 1 to August 1

Approx 6 weeks after first application. Do not apply if drought conditions.

32-0-0 with 50% SCU at

4.69 lbs product per 1000 sq ft

#3 1.5 lb N per 1000 sq ft

September 1 to

September

Approx 6 weeks after first application. Do not apply if drought conditions.

Grass is still green. At least 2 to 3 weeks prior to first frost.

32-0-0 with 50% SCU at

4.69 lbs product per 1000 sq ft

2.5.8 All application methods of fertilizers shall be in strict accordance with manufacturer instructions, Department of Environmental Protection, and all applicable federal, state, and local laws.

2.5.9 The fertilizer application equipment shall be correctly calibrated to the specific product used and the application made to achieve a uniform distribution of the fertilizer throughout the application area.

2.5.10 The contractor shall provide written recommendations to the COR to ensure that the fertilizer is properly watered in. The Cemetery shall schedule and perform this watering requirement.

2.5.11 The contractor shall make sure that all headstones, flat markers, monuments, sidewalks, patios, and other like surfaces are free of fertilizer granules immediately after the application and before watering in of fertilizer occurs. This shall aid in avoiding staining of surfaces. The contractor shall be responsible for removal of any staining, marking, of headstones, flat markers, monuments, sidewalks, patios, and other like surfaces that occurs as result of a fertilizer application made by the contractor.

2.5.12 The Contractor shall be responsible for maintaining adequate signage in all areas where fertilizer have been applied. As needed, chemical application signs shall be placed on all sides and no less than 25 feet apart for visibility from all entry points. The Contractor shall also be responsible for removal of the chemical application signs no less than 24 hours after application.

2.6 HERBICIDE

2.6.1 These applications shall be mixed and applied in such a manner as to bring about the optimal control of all broadleaf and grassy weeds in the improved turf areas of the cemetery, according to label direction. The contractor shall be responsible for the proper timing and method of each application so that the highest resulting weed control for that application shall be attained.

2.6.2 In accordance with the submitted Pesticide and Fertilizer Application Plan, the contractor shall schedule the fertilizer application date with the COR and only apply once given approval by the COR. The contractor shall give the COR a minimum five (5) business days’ notice prior to application.

2.6.3 A minimum of five (5) business days in advance of each fertilizer or pesticide application, the contractor shall provide the SDS (MSDS only if SDS not available) and Label for all chemical products (pesticides and adjuvants) as well as the completed Pesticide or Fertilizer Application Proposal (Attachment 3). Required information on the proposal includes the company name, company contact information; names, titles, and license information of the company’s staff that will perform the application; proposed date of application; application type (broadcast or spot);

size of area to be treated; restricted entry, follow-up instructions and/or control symptoms;

application area; the chemicals proposed (trade name, EPA registration number, active ingredient, total amount to be applied, proposed application rate); and targeted weed(s).

2.6.4 The contractor shall provide the completed Pesticide Application Record (Attachment 5) by 5:00 pm the day of application. Required information on the log includes the company name, company contact information; names, titles, and license information of the company’s staff that performed the application; date and time of application; application type (broadcast or spot); size of area treated; restricted entry, follow-up instructions and/or control symptoms; application area; the chemicals used (trade name, EPA registration number, active ingredient, total amount applied, application rate); targeted weed(s); and weather conditions (including the temperature and the average wind speed) during the time of application.

2.6.5 The herbicide product shall meet the following requirements:

2.6.5.1 Follow industry best practices and label instructions to rotate chemical chemistry / Mode of Action (MOA) to mitigate herbicide resistance. If a specific active ingredient is failing to provide control, it shall be rotated out.

2.6.5.2 No pre-emergent herbicide family may be used over a consistent twelve (12) month period. During the 2024 growing season, the active ingredient prodiamine was used from MOA group 3.

2.6.5.3 Be labeled for control of weeds in ornamental turfgrass – specifically for hybrid bermudagrass.

2.6.5.4 Include the weeds of concern at the cemetery on the label. Weeds within the turf areas at the cemetery include creeping Charlie, crabgrass, nutsedge, and dandelion. If the

Contractor identifies additional weeds within the ornamental turf areas while on site, the Contractor shall provide this information to the COR in writing.

2.6.6 The herbicide application rates shall meet the following requirements:

2.6.6.1 Not be less than the minimum rate needed for control of the weeds of concern.

2.6.6.2 According to turf type, not be more than the maximum rate permitted per application nor total to more than the maximum annual use rate, according to label restrictions.

2.6.6.3 Split applications shall be used when identified as a best management practice for specific weeds of concern. Effective crabgrass control generally requires split applications.

2.6.7 Following the Grounds Management Plan, see the herbicide program for hybrid bermudagrass at the cemetery with example product and rate.

2.6.7.1 Spring Pre-emergent Broadcast: The exact timing of application is based on soil temperatures (55°F) and weather conditions.

2.6.7.2 Fall Pre-emergent Broadcast: The exact timing of application is based on soil temperatures (70°F) and weather conditions.

2.6.7.3 Spring Post Emergent Broadcast: The exact timing based on weed development.

2.6.7.4 Summer Post Emergent Broadcast: The exact timing based on weed development and residual period of Spring Post Emergent.

2.6.7.5 Fall Post Emergent Broadcast: The exact timing based on weed development and residual period of Summer Post Emergent.

2.6.7.6 Spot applications occur as needed based on weed species, weed development, weather conditions, and order of the COR. The Contractor shall schedule spot applications within five (5) business days of written request from the COR. Spot application size will not exceed label restrictions.

Table 2.6. Herbicide program for 11.88 acres of hybrid bermudagrass turf at Fayetteville National Cemetery.

Month Pre-emergent Post Emergent January February Spring Application (Split)

March Spring Application April

May June Summer Application July August

September Fall Application Fall Application October

November December

Example Products

• Barricade (prodiamine; MOA 3)

• Dimension (dithiopyr; MOA 3)

• Pendulum (pendimethalin; MOA

3)

• Specticle (indaziflam; MOA 21)

• 3-Way Product (2,4-D, mecoprop, dicamba; MOA 4)

• Changeup (MCPA, fluroxypyr, dicamba; MOA 4 )

• Drive (quinclorac; MOA4)

• Amine 4 (2,4-D; MOA 4)

2.6.8 All application methods of herbicides shall be in strict accordance with manufacturer instructions, Department of Environmental Protection, and all applicable federal, state, and local laws. The Contractor is responsible for specifically the herbicide label at all times. This includes, but is not limited to, all safety, mixing, weather conditions, and application directions, and information.

2.6.9 All contractor personnel shall be properly clothed and wearing proper safety equipment during any and all applications.

2.6.10 All mixing of chemicals and filling of tanks shall be performed off site or only in an appropriate area of the cemetery as determined and directed by the COR.

2.6.11 The herbicide application equipment shall be correctly calibrated (if granular, to the specific product) and the application made to achieve a uniform distribution of the herbicide(s) throughout the application area.

2.6.12 The Contractor shall be responsible for maintaining adequate signage in all areas where pesticides have been applied. As needed, chemical application signs shall be placed on all sides and no less than 25 feet apart for visibility from all entry points. The Contractor shall also be responsible for removal of the chemical application signs no less than 24 hours after application.

2.6.13 The Contractor shall provide written instructions to the COR concerning the expected control timeline and symptoms.

2.6.14 The Contractor shall provide written recommendations to the COR concerning any watering requirements to activate chemicals, as needed. The Cemetery shall schedule and perform this watering requirement.

2.6.15 The contractor shall be responsible for any and all repeat, follow-up, and/or spot spray herbicide applications, due to ineffective (based upon provided control symptom timeline and product label), uncalibrated, or inaccurate applications. These repeat, follow-up, and spot spray treatments shall be provided at no additional charge to the government within five (5) business days of notification.

3 MANAGEMENT AND ADMINISTRATION

3.1 CONTRACTING OFFICER’S REPRESENTATIVE (COR)

3.1.1 The Contracting Officer will designate a representative to serve as the Contracting Officer’s

Representative (COR) to act for him/her in furnishing technical guidance and advice or generally directing the work to be performed under the contract. Such designation will be in writing and shall define the scope and limitations of the COR’s authority. A copy of the designation(s) will be furnished to the contractor at award.

3.1.2 The COR will coordinate the Contractor to rearrange Contractor’s work schedule in specific areas of the cemetery to avoid interference with daily cemetery activities and operations. Performance of work shall not impede nor disturb any burial or memorial service, or burial operation at any time. As a general “rule of thumb” work should not take place within 1000 feet of a committal shelter during a service, or during a ceremony in the cemetery.

3.1.3 The Contractor shall provide the COR with detailed schedules no later than the Friday before the following week of any application. The Contractor shall be required to report on a daily basis to the Cemetery Director or the COR at the main office of the National Cemetery. Contractor shall log in and obtain funeral and or special schedules. This check in is mandatory.

3.1.4 All administrative contract functions are the responsibility of the 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.

3.2 SITE MANAGER

3.2.1 The Contractor shall provide a “Site Manager” who shall be on-site at all times during contract performance. The Site Manager must be able to communicate effectively in English with the COR. The Site Manager may be the same individual as the Licensed Applicator detailed in 2.3.

Site Manage responsibilities shall include:

3.2.1.1 Directing, overseeing and coordinating the work involved.

3.2.1.2 Staying abreast of all upcoming cemetery functions including special holiday events and interment activities.

3.2.1.3 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.

3.2.1.4 The 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. If the Contractor fails to re-direct employees away from an event in a timely fashion, the COR may then do so.

3.2.1.5 Communication with the COR (or designee) is required. 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.

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

3.2.1.7 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 will provide, at the time of contract award, a list of Government personnel authorized to act as COR.

3.3 INSPECTION & MONITORING PROCEDURES

3.3.1 A record keeping system of Contractor work performance shall be established and implemented by the COR for the services involved. The COR will inspect all work performed and submitted by the Contractor for acceptance. 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.

3.3.2 Section 2.4 details the required submittals and Attachment 12 provides the Quality Assurance Surveillance Plan.

3.3.3 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.

3.3.4 Federal Holidays: All work required under this contract shall be performed during normal cemetery hours of operation. Work is normally not conducted on Federal holidays. The following is a list of all Federal holidays:

New Year's Day Martin Luther King's Birthday President's Day Memorial Day Juneteenth

Fourth of July Labor Day Columbus Day Veterans Day Thanksgiving Day Christmas Day

3.4 CONTRACTOR RESPONSIBILTIES

3.4.1 The Contractor shall be aware of the intensive labor and equipment requirements needed to meet contract specifications. Inclement weather - other than prolonged snow cover, shall not be considered an excusable delay in meeting specifications. The government expects the Contractor to work through all weather conditions and to apply additional labor and equipment as necessary to meet deadlines.

3.4.2 Any damage to cemetery structures – to include: turf, trees, beds, curb, road pavement, headstones or markers, monuments, valve boxes, grid monument control markers, sprinkler heads, and flower vases – shall be brought to the immediate attention of the appointed COR prior to repair/replacement/installation.

3.4.3 Contractors shall be responsible for, and advise the COR when any cleaning is performed. The Contractor shall wash-down with water all soiled or stained cemetery structures that are soiled or stained as a result of contractor’s structures at the end of each work day. No unapproved chemicals are to be used at any time on Government property.

3.4.4 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.

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

3.4.6 The Contractor shall be responsible to ensure all work shall be done in a manner that safeguards all visitors, employees, and public. The Contractor shall be solely responsible for any and all actions initiated and/or completed by his/her employees. Furthermore, the contractor and his/her employees shall have a clear understanding of, and be sensitive to, such environmental issues as ground water contamination, wetlands, etc., and be consistent and fully compliant with all applicable Federal, State, County and City laws, ordinances, Right-to-Know laws, EPA guidelines, and regulations.

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

3.4.8 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 additional cost to the government.

3.4.9 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. Debris, trash, rubbish, and non-useable material resulting from the work under this contract shall be disposed of off cemetery property by the Contractor. If the Contractor provides his/her own refuse facilities, these shall only be located in the COR approved “Storage Area”.

3.4.10 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 where contract is performed.

3.4.11 Reporting "on-the-job" Injuries: The Contractor is required to report all "on-the-job" injuries incurred by the Contractor, its agents or employees, resulting from performance of this contract. Contractor shall notify the COR (either orally or via telephone) within twenty-four (24) hours of the injury and provide details and exact location of the incident. This shall be followed up by a written notice to the COR. Any Contractor (including its agents and employees) that knowingly files a false claim may be criminally prosecuted.

3.4.12 The Contractor shall, under regulations prescribed by the Contracting Officer or COR, use only established roadways. When materials are transported in prosecuting the work, vehicles shall not be loaded beyond the loading capacity recommended by the manufacturer of the vehicle or prescribed by any Federal, State, or local law or regulation. When it is necessary to cross curbs or sidewalks, the Contractor shall protect them from damage.

3.4.13 The Contractor shall keep roads, walks and entrances to grounds, buildings and parking clear of equipment, materials, debris, and other vehicles at all times. At least one lane must be open to traffic at all times.

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

3.5 STANDARDS OF EMPLOYEE CONDUCT

3.5.1 Contractor and Contractor personnel are required to adhere to the following standards of dress and conduct while performing work in the National Cemetery. It shall be subject to immediate enforcement action by the Contracting Officer if these standards are not adhered to during the period of performance of this contract. These standards and regulations are enforceable under Title 38, U.S.C. Section 218.

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

3.5.3 Contractor personnel shall not engage in loud or boisterous behavior, angry outbursts or use profane or abusive language at anytime on Government premises. Playing radios and/or electronic games/devices shall only be done at lunchtime and in a designated break area. Due to the sensitive mission of the cemetery, Contractor employees shall come into daily contact with grieving individuals, therefore Contractor employees shall exercise and exhibit absolute decorum, courtesy, and respect while within the cemetery or at its perimeter or entrances. Inquiries from cemetery visitors shall be politely referred to Government cemetery staff. Gratuities of any kind are strictly prohibited.

3.5.4 Contractor personnel shall consume food and beverage only within areas designated by the COR(s). Intoxication, and violence or criminal acts of any kind shall not be tolerated - and is cause for immediate removal from Government property. Use or sale of intoxicating beverages and/or drugs is strictly prohibited, and use of tobacco products is only allowed in specific areas designated by the COR. SMOKING is not permitted in any buildings within the National Cemetery. This restriction includes offices, restrooms, stairwells, entrances, exits or any other public area. Smoking is also prohibited on gravesites and the columbaria sites.

3.5.5 Contractor personnel shall only take breaks/rest periods and lunch breaks at the Contractor Staging Area, not in the field. Workers shall utilize contractor provided temporary chemical toilet facilities located only in the Contractor Staging Area. Misconduct shall form the basis for immediate contract enforcement action, to include immediate removal from the cemetery.

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

3.5.7 Possession of weapons is prohibited. Enclosed containers, including tool kits, shall be subject to search. Violations of VA regulations may result in citation answerable in the United States (Federal) District Court, not a local district, state, or municipal court.

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

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

3.6 USE OF CEMETERY FACILITIES

3.6.1 The Government shall not be held responsible for any loss, damage, or theft to the Contractor’s equipment, materials, supplies or the like which may result from vandalism, theft, etc. while on site.

3.6.2 Contractor shall be responsible for acceptable standards of housekeeping and custodial maintenance of Department of Veterans Affair’s facilities used by Contractor's employees.

3.6.3 STORAGE AREA: Based on availability of space, and at the discretion of the COR, a limited storage area may be provided. Space offered shall be in “as-is" condition. Prior to making any modifications or alterations to the space, Contractor shall obtain written approval from the COR.

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. The government is not responsible for any costs associated with repairing or replacing Contractor(s) property while on cemetery property.

3.6.4 The Government shall not provide the Contractor with any fuel storage, equipment or telephones.

If available, electric and/or utilities at the designated work and storage areas may be provided for purposes of contract performance only. The Contractor shall take adequate safety precautions to prevent hazardous product spills, fire hazards, odors and unsanitary conditions.

3.6.5 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 without the COR’s approval.

3.6.6 The contractor shall provide portable chemical toilets for use by workmen as necessary to comply with OSHA requirements. These portable toilet facilities shall be kept clean and free of excessive odors, insects, etc. Locate portable toilet facilities in the COR approved storage area only. It shall not be permissible to locate portable toilet facilities in any other locations throughout the cemetery. Use of the permanent cemetery toilet facilities by workmen is strictly prohibited throughout the duration of this contract.

3.7 SUPERVISION & TRAINING:

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

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