RFQ 36C26323Q0883.pdf

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S208--VAMC Campus Landscaping - Omaha, NE PoP: 9/18/2023 - 6/30/2024
Solicitation number
36C26323Q0883
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This solicitation is for campus-wide landscaping services at the Nebraska-Western Iowa VA Health Care System located in Omaha, Nebraska. The services include providing all materials, tools, labor, and expertise to complete various landscaping projects such as erosion control, retaining wall planting, flagpole and garden renovations, turf replacement, and tree planting. The contractor must also implement a 7-step weed, feed, and pesticide control program. The period of performance is from September 18, 2023 to June 30, 2024. The solicitation is set aside for certified Service-Disabled Veteran-Owned Small Businesses and identifies the Department of Veterans Affairs as the contracting agency.

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PAGE 1 OF1. REQUISITION NO.

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

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

TIME

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

SMALL BUSINESS

HUBZONE SMALL

BUSINESS

SERVICE-DISABLED

VETERAN-OWNED

SMALL BUSINESS

WOMEN-OWNED SMALL BUSINESS

(WOSB) ELIGIBLE UNDER THE WOMEN-OWNED

SMALL BUSINESS PROGRAM

EDWOSB

8(A)

NAICS:

SIZE STANDARD:

11. DELIVERY FOR FOB DESTINA-

TION UNLESS BLOCK IS

MARKED

SEE SCHEDULE

12. DISCOUNT TERMS

13a. THIS CONTRACT IS A

RATED ORDER UNDER

DPAS (15 CFR 700)

13b. RATING

14. METHOD OF SOLICITATION

RFQ IFB RFP

15. DELIVER TO CODE 16. ADMINISTERED BY CODE

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

TELEPHONE NO. UEI: EFT:

PHONE: FAX:

17b. CHECK IF REMITTANCE IS DIFFERENT AND PUT SUCH ADDRESS IN OFFER

18b. SUBMIT INVOICES TO ADDRESS SHOWN IN BLOCK 18a UNLESS BLOCK BELOW IS CHECKED

SEE ADDENDUM

19. 20. 21. 22. 23. 24.

ITEM NO. SCHEDULE OF SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

(Use Reverse and/or Attach Additional Sheets as Necessary)

25. ACCOUNTING AND APPROPRIATION DATA 26. TOTAL AWARD AMOUNT (For Govt. Use Only)

27a. SOLICITATION INCORPORATES BY REFERENCE FAR 52.212-1, 52.212-4. FAR 52.212-3 AND 52.212-5 ARE ATTACHED. ADDENDA ARE ARE NOT ATTACHED.

27b. CONTRACT/PURCHASE ORDER INCORPORATES BY REFERENCE FAR 52.212-4. FAR 52.212-5 IS ATTACHED. ADDENDA ARE ARE NOT ATTACHED

28. CONTRACTOR IS REQUIRED TO SIGN THIS DOCUMENT AND RETURN _______________ 29. AWARD OF CONTRACT: REF. ___________________________________ OFFER COPIES TO ISSUING OFFICE. CONTRACTOR AGREES TO FURNISH AND DATED ________________________________. YOUR OFFER ON SOLICITATION DELIVER ALL ITEMS SET FORTH OR OTHERWISE IDENTIFIED ABOVE AND ON ANY (BLOCK 5), INCLUDING ANY ADDITIONS OR CHANGES WHICH ARE ADDITIONAL SHEETS SUBJECT TO THE TERMS AND CONDITIONS SPECIFIED SET FORTH HEREIN IS ACCEPTED AS TO ITEMS:

30a. SIGNATURE OF OFFEROR/CONTRACTOR 31a. UNITED STATES OF AMERICA (SIGNATURE OF CONTRACTING OFFICER)

30b. NAME AND TITLE OF SIGNER (TYPE OR PRINT) 30c. DATE SIGNED 31b. NAME OF CONTRACTING OFFICER (TYPE OR PRINT) 31c. DATE SIGNED

AUTHORIZED FOR LOCAL REPRODUCTION (REV. NOV 2021)

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

7. FOR SOLICITATION

INFORMATION CALL:

STANDARD FORM 1449

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES

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

636-23-4-5060-1102

36C26323Q0883 08-31-2023

John Breyer 605-336-3230 (x7847) 09-14-2023

3:00 PM CDT

36C263

Department of Veterans Affairs Network Contracting Office 23 (NCO23) 2501 W. 22nd St.

Sioux Falls SD 57105

X 100

X

561730

$9.5 Million

N/A

X

Department of Veterans Affairs NWI VA Health Care System 4101 Woolworth Ave

Omaha NE 68105

36C263

Department of Veterans Affairs Network Contracting Office 23 (NCO23) 2501 W. 22nd St.

Sioux Falls SD 57105

Department of Veterans Affairs VA Financial Services Center via the Tungsten network reference VAAR clause 852.232-72

See CONTINUATION Page

VA Campus Landscaping Services Nebraska-Western Iowa VA Health Care System (NWIVAHCS), 4101 Woolworth Ave, Omaha, NE 68105.

Period of Performance: 9/18/2023 to 6/30/2024

Contractors are responsible for the correct SCA Wage Determination classification of workers and compliance with all wage and hour laws.

Offerors must be verified as an SDVOSB in the VetCert system and have an active SAM.gov registration at the time of submission of an offer and at the time of award.

See 52.212-2 Evaluation - Commercial Products and Commercial Services (NOV 2021) and Addendum to 52.212-1 Instructions to Offerors - Commercial Products and Commercial Services for important information.

See CONTINUATION Page 636-3630162-5060-855100-2543 010050192 Obligation Number: 636C31261

X X

X 1

Angie Mabley

VA-VHA-2020-277A3B9E

36C26323Q0883

Table of Contents

SECTION A

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

AND COMMERCIAL SERVICES

SECTION B - CONTINUATION OF SF 1449 BLOCKS

B.1 CONTRACT ADMINISTRATION DATA

B.2 PRICE/COST SCHEDULE

B.2.1 ITEM INFORMATION

B.3 STATEMENT OF WORK

SECTION C - CONTRACT CLAUSES

C.1 52.204-27 PROHIBITION ON A BYTEDANCE COVERED APPLICATION (JUN

2023)

C.2 52.212-4 CONTRACT TERMS AND CONDITIONS—COMMERCIAL PRODUCTS

AND COMMERCIAL SERVICES (DEC 2022)

C.3 52.212-5 CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT

STATUTES OR EXECUTIVE ORDERS—COMMERCIAL PRODUCTS AND

COMMERCIAL SERVICES (JUN 2023)

C.4 52.252-2 CLAUSES INCORPORATED BY REFERENCE (FEB 1998)

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

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

(DEVIATION)

C.6 VAAR 852.232-72 ELECTRONIC SUBMISSION OF PAYMENT REQUESTS (NOV

2018)

C.7 VAAR 852.242-71 ADMINISTRATIVE CONTRACTING OFFICER (OCT 2020)

SECTION D - CONTRACT DOCUMENTS, EXHIBITS, OR ATTACHMENTS

D.1 WAGE DETERMINATION

SECTION E - SOLICITATION PROVISIONS

E.1 52.204-24 REPRESENTATION REGARDING CERTAIN TELECOMMUNICATIONS

AND VIDEO SURVEILLANCE SERVICES OR EQUIPMENT (NOV 2021)

E.2 52.212-1 INSTRUCTIONS TO OFFERORS—COMMERCIAL PRODUCTS AND

COMMERCIAL SERVICES (MAR 2023)

E.3 ADDENDUM to FAR 52.212-1 INSTRUCTIONS TO OFFERORS—COMMERCIAL

PRODUCTS AND COMMERCIAL SERVICES

E.4 52.212-2 EVALUATION--COMMERCIAL PRODUCTS AND COMMERCIAL

SERVICES (NOV 2021)

E.5 52.212-3 OFFEROR REPRESENTATIONS AND CERTIFICATIONS—

COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES (DEC 2022)

E.6 52.252-1 SOLICITATION PROVISIONS INCORPORATED BY REFERENCE (FEB

1998)

SECTION B - CONTINUATION OF SF 1449 BLOCKS

B.1 CONTRACT ADMINISTRATION DATA

1. CONTRACT ADMINISTRATION. All contract administration matters will be managed by the following individuals:

a) Contractor Information Company Name and Address:

SAM Unique Entity ID Number: ____________________________________

Contact Person(s) Name: _________________________________________

Contact Person(s) Email: _________________________________________

Contact Person(s) Telephone: _____________________________________

b) Government Information John Breyer Contract Specialist Department of Veterans Affairs Network Contracting Office 23 (NCO 23) 2501 W. 22nd Street Sioux Falls, South Dakota 57105

2. CONTRACT REMITTANCE ADDRESS: All payments by the Government to the contractor will be made in accordance with FAR 52.232-33, Payment by Electronic Funds Transfer – System for Award Management, and VAAR 852.232-72, Electronic Submission of Payment Requests.

3. INVOICES: Invoices shall be submitted in arrears. Submission will be once, following the end of the period of performance, and no later than 15 calendar days after the close of the period of performance. Invoices shall be based on the applicable fixed rates for services provided to VA as in accordance with the contract terms and conditions. The VA Technical Representative (VATR) will review all invoices submitted. Invoices shall by submitted for only those services received and deemed acceptable by VA.

4. GOVERNMENT INVOICE ADDRESS: All invoices shall be submitted by the contractor via the Tungsten Network (previously OB10) electronic invoicing system. Refer to the Tungsten Network website at http://www.tungsten-network.com/us/en/veterans-affairs-us/ for additional information for system registration, user guides, and help desk contacts.

5. ACKNOWLEDGEMENT OF AMENDMENTS: The offeror acknowledges receipt of Amendments to the Solicitation numbered and dated as follows:

Amendment Date

6. Government Employee Ownership: The Contractor shall indicate if it is owned or controlled by a Government employee (check if applicable).

________ Yes, the offering firm is owned or controlled by a Government employee.

7. Security Requirements: The Contractor shall comply with all VA privacy and security requirements, including Handbook 6500.6. The VATR shall coordinate with the Contractor to ensure such requirements are met. This requirement is applicable to all subcontractor personnel requiring access.

8. Documenting Performance: The VA may document contract performance. Any report may become a part of the supporting documentation for any contractual action and preparing annual past performance using the Contractor Performance Assessment Reporting System (CPARS) at https://www.cpars.gov. In the event the CO issues a Contract Deficiency Report (CDR), the Contractor shall acknowledge receipt of the CDR in writing within one (1) business day of receipt and provide a response with a corrective action plan to the CDR within one (1) week of receipt.

9.

B.2 PRICE/COST SCHEDULE

B.2.1 ITEM INFORMATION

ITEM

NUMBER

DESCRIPTION OF

SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0001 1.00 JB _____________ _____________

Contractor shall provide all material (including live trees, shrubs, plants and grasses), tools, machinery, labor, expertise and travel necessary to provide campus-wide comprehensive landscaping services for the Nebraska- Western Iowa VA Health Care System (NWIVAHCS), located at 4101 Woolworth Ave, Omaha, NE 68105.

Contract Period: Base POP Begin: 09-18-2023 POP End: 06-30-2024 PRINCIPAL NAICS CODE: 561730 - Landscaping Services PRODUCT/SERVICE CODE: S208 - Housekeeping - Landscaping/Groundskeeping

GRAND TOTAL __________________

B.3 STATEMENT OF WORK

A. SCOPE. Contractor shall provide all material (including live trees, shrubs, plants and grasses), tools, machinery, labor, expertise and travel necessary to provide campus-wide comprehensive landscaping services for the Nebraska-Western Iowa VA Health Care System (NWIVAHCS), located at 4101 Woolworth Ave, Omaha, NE 68105.

B. CONTRACT PERIOD/PERIOD OF PERFORMANCE. It is anticipated that the start of services will be 9/18/2023. The anticipated contract completion date will be 6/30/2024. This 286-day Period of Performance has been developed in order to provide flexibility in planting the various varieties of trees, shrubs and grasses required under this contract, by providing a Period of Performance that is spread across the fall and spring planting seasons.

Period Type Period of Performance

Base Period 9/18/2023 to 6/30/2024

C. BACKGROUND. The NWIVAHCS - Omaha, NE campus has a requirement for campus-wide landscaping and hardscaping services to be performed. While the Omaha area has experienced multi-year drought conditions, which are partially responsible for current conditions on the VA campus, much of the needed work is restorative, improvement or maintenance in nature. The Omaha VA did have several areas of its existing lawn and garden irrigation system repaired and improved earlier this summer. While some of the work required under this contract will involve some limited irrigation system-related work, the primary objectives will focus on erosion/drainage control, landscape and hardscape renovation/ beautification, fertilization/weed control, and insect/pest control as further explained below.

D. CONTRACTOR SERVICES TO BE PROVIDED. The following is a list of the required projects within the scope of this contract; including the specific Project Name; the project’s main Objective; a list of some specific Major Steps and Specifications, required by VA to meet the project objective; and finally, a list of the Estimated Quantities of various materials required for the project.

1. Project Name: “Center Street and 42nd Street Stairway Erosion Control” (See maps and photographs provided in Attachment 1 to SOW – Maps and Photographs)

Objective: Erosion and drainage control at each of these separate stair area locations.

Major Steps & Specifications: Removing approximately 6” of soil; placing nonwoven fabric on either side adjoining the concrete steps; burying a 4’’ PVC pipe; diverting water flow; packing with gravel or soil, as appropriate for the particular installation; installing an erosion blanket with reseeding and sod (fescue); remove old or damaged dirt and debris from the stair areas;

compact new dirt where old or damaged dirt was removed; add enough new dirt to make a level and smooth area; regrade area to divert water flow in order to prevent erosion;

landscape/hardscape to professionally finish the area with materials and estimated quantities listed in the next section.

Estimated Quantities:

Topsoil – 10 yards Regular River Rock – 8 yards Glacial Granite Boulders – 20,000 pounds Landscape Fabric and Pins Sod, Fescue – 55 yards Dogwood, Artic Fire #3 – 6ea Spirea, Birch leaf #3 – 6ea Spirea, Neon Flash #3 – 7ea Switchgrass “Standing Ovation” - 10ea

2. Project Name: “Center Mall Retaining Wall”

Objective: Landscape renovation.

Major Steps & Specifications: Plant middle and bottom tiers of retaining walls; add mulch to tiers after planting; plant varieties and sizes may vary at time of planting due to availability.

Estimated Quantities:

Feather Reed Grass #1 – 70ea Flame Grass #1 – 70ea Brown Mulch – 15 yards

3. Project Name: “ACC Flagpole Renovation” (ACC – Ambulatory Care Center)

Objective: Landscape renovation and beautification.

Major Steps & Specifications: Remove existing landscape; add new plantings and mulch;

weed and prune any bed space or materials that will remain.

Estimated Quantities:

Feather Red Grass #1 – 70ea Flame Grass #1 – 70ea Brown Mulch – 15 yards

4. Project Name: “ACC Northwest to West Side Renovation” (ACC – Ambulatory Care Center)

Objective: Landscape renovation and beautification.

Major Steps & Specifications: Remove specified plantings (note: existing trees to remain) and weed material; add new plantings (as described below) and mulch; add native grass (i.e.

Liriope, Lilyturf) plantings and shrubs (i.e. Dogwood); Aspen trees on West side to be pruned or removed if necessary; plant varieties, sizes and quantities may vary at the time of installation due to availability.

Estimated Quantities:

Vegetation Kill - 1ea Topsoil - 12 yards Brown Mulch - 25 yards Boulders, Weathered Limestone - 8500 lbs Yew, Densiformis 30ea Hydrangea, Little Quick Fire #3 – 12ea Dogwood, Artic Fire #5 – 7ea Hydrangea, Pinky Winky #1 – 20ea Dogwood, Ivory Halo #5 – 6ea Dwarf Burning Bush #5 – 10ea Viburnum, Bailey Compact #5 – 15ea Blue Stem, Standing Ovation #1 – 25ea Blue Stem, Standing Ovation#1 – 25ea

5. Project Name: “ACC North Turf ” (ACC – Ambulatory Care Center)

Objective: Landscape renovation.

Major Steps & Specifications: Remove three (3) dead trees or struggling trees and replace with three (3) shade trees (Note: variety is TBD by Contractor and approved by VA); clean, prune and mulch parking island East of main turf area; remove dead patches of grass and install new sod.

Estimated Quantities:

Topsoil – 3 yards Brown mulch – 5 yards Shade trees 2-2.5’ = 3ea Fescue sod – 100 yards

6. Project Name: “Healing Garden” (Located South of ACC)

Objective: Landscape renovation and beautification; drainage control

Major Steps & Specifications: Add trees, shrubs, and perennials to existing landscape;

organize existing plants and replant as necessary for aesthetics; remove nine (9) dead trees and plant eight (8) new trees; install rocked drainage on top tier; reclaim a section of the upper tier back to turf (approximately 2500 sq feet).

Estimated Quantities:

Vegetation kill-off – as required Topsoil – 20 yards Brown mulch – 35 yards Regular River Rock – 1.5 yards River Rock 2-4” – 2 yards Landscape fabric – as required Glacial Boulders – 2500 lbs.

Flagstone (color TBD by VA) – 200ea Spruce, Baby Blue Eyes 4-5’ – 3ea Maple, State Street – 3ea Oak, White – 2ea Yew, Densiformis #5 – 15ea Chokeberry, Black Viking #5 – 25ea Viburnum, Korean Spice #5 – 6ea Barberry, Orange Rocket 3DP – 10ea Ninebark, Center Glow #5 – 12ea Dogwood, Ivory Halo #5 – 10ea Burning Bush Dwarf #5 – 10ea Hydrangea, Quick Fire #3 – 20ea Spirea, Gold mound #3 – 10ea Switch Grass, Shenandoah #1 – 30ea Maiden Grass, Morning light #2 – 9ea Blue stem, Blue Havene#1 – 15ea Perennials – 100ea

Sod (remaining area) – approximately 2500 sq feet

7. Project Name: “ACC North Side” (ACC – Ambulatory Care Center)

Objective: Landscape renovation and beautification; add hardscape

Major Steps & Specifications: Remove existing landscape; adjust bed shape as needed; add boulders, new plantings (listed below) and mulch; transplant of some Hosta plants will be required (quantity is TBD); six (6) planted planters for entry door areas are also required in this project.

Estimated Quantities:

Topsoil – 15 yards Brown Mulch – 15 yards Boulders, Weathered Limestone – 7000 lbs Planters (Filled and Planted) – 6ea Boxwood, Green Velvet #3 – 20ea Yew, Densiformis #5 – 23ea Hydrangea, Little Quick Fire #3 – 20ea Sweet spire, “henrys Garnet” #5 – 15ea Hydrangea, “Little Lime” #3 – 10ea Blue Stem, “Standing Ovation” #1 – 10ea Perennials #1 – 50ea

8. Project Name: “Bury ACC Sprinkler Lines” (ACC – Ambulatory Care Center). (see Attachment 1 - Maps and Photographs) Objective: Bury a few hundred feet (exact number of feet is TBD) of irrigation system water lines (flexible poly) and controller-to-valve wires from a previous campus irrigation system repair. Lines are currently surfaced-laid, running from water source and controller source building to each of five (5) valve boxes on the West side of the campus.

Steps & Specifications: Utility locate (i.e., 811 AND existing VA records); mark trench lines with stakes or flags and obtain VATR approval prior to digging any trench; be prepared to make splices to lines (water and wire), if required, to be able to trench under existing “right of way” utilities (i.e. HVAC, electric ducts, storm and sanitary sewer lines, water and gas lines); trenches will be dug at least 8”, but not more than 12” deep (depth variations of no more than ½” per foot will be maintained); splices made into existing system will require Contractor to test spliced connection prior to burying the line – this includes pressure testing at 150 PSI for 2 hours, coordinate with the VATR during this part of the project for what is required and what the priority of the various lines are at the time); required to red line final trenching of lines and if there are other zone changes, should changes to existing irrigation system be required due to trenching;

backfilled trenches will be final graded to match the adjacent landscape, and either seeded or sodded, as required.

Estimated Quantities:

Replace irrigation components (i.e., water line, electrical wire, clams, etc., Grass Seed or Sod – Quantity is TBD Mulch, if Seeded vs Sodded Quantity is TBD

9. Project Name: “Weed, Feed and Pest Control Program”

Objective: Comprehensive 7-Step Weed, Feed and Pesticide Control Program in place, originally begun by the Contractor, until such time the contract ends, and is then assumed and continued seamlessly by NWI-Omaha VA facility personnel.

Steps & Specifications: Successful Contractor begins the 7-Step program, at the correct step for the time period, when the contract is awarded. For example, if the contract is awarded in September 2023, the contractor would immediately begin the Step 6 – September step of the program, which is “Fall Fertilizer, Broadleaf, grassy Weed Spray” on all of the areas of the Omaha VA Campus that this step is applicable. Then in the October to November timeframe the Contractor would implement Step 7, “Winter Fertilizer” on all areas of the campus that would be applicable. If the Contact were to end June 30, 3024, the contractor would provide Steps 1- 3; including “Step 1 - April-May Pre-emergent and fertilizer; Step 2 – May Pre-emergent and fertilizer, Broadleaf Weed Spray; and Step 3 – June Merit Insecticide, Grub Control, Broadleaf, Grassy Weed Spray. When the contract ends, the contractor and the VA will be ready to hand over and assume the rest of the annual 7-Step Weed, Feed and Pesticide Control Program at the correct time and step to be able continue the program seamlessly.

Contractor shall have commercial application certification for applying pesticides at the VA through the Nebraska Department of Agriculture; Contractor shall only apply general use products. Contractor shall ensure that 2,4-Dichlorophenoxyacetic Acid (2,4-D) is not used for any portion of this scope. Contractor shall provide any Safety Data Sheets (SDS) on all herbicides, insecticides and pesticides used; Contractor shall provide proof of insurance for any Contractor conducting pesticide application. Contractor shall apply the chemicals through drop spreader application and ensure that any product that remains on concrete (i.e., sidewalks, parking spaces, loading areas) are swept back to the lawn area and away from storm drains;

application of chemicals shall occur outside of peak traffic flow of 0730-1630 Monday-Friday for any spaces adjacent to parking area so as to avoid contact with patients, staff and Contractor personnel. Contractor shall provide the proposed chemical treatment plan as a part of the Site Plan discussion during the Kick-Off meeting. The chemical treatment plan will be reviewed with GEMS and be approved by the PPM and IPMOP.

Estimated Quantities: The following is the full 7-Step Weed, Feed and Pesticide Control Program. The quantity of required chemical at any given Step is going to be dependent on the actual stage and condition of the grounds at the Omaha at that specific time. So, to extend possible, Contractor will execute as many Steps, at the correct time, as possible while under this contract.

Step 1 – April-May – Pre-emergent and Fertilizer Step 2 – May - Pre-emergent and Fertilizer, Broadleaf Weed Spray Step 3 – June – Merit Insecticide, Grub Control, Broadleaf, Grassy Weed Spray Step 4 – July – Fertilizer, Broadleaf, Grassy Weed Spray Step 5 – August – Summer Fertilizer, Grassy Weed Spray Step 6 – September – Fall Fertilizer, Broadleaf, Grassy Weed Spray Step 7 – October to November – Winter Fertilizer

E. SITE PLAN DELIVERABLE. Contractor will be required to provide both a draft Site Plan document for the Project Kick-Off Meeting and a final Site Plan document at final completion of the contract. The draft Site Plan will be reviewed by VA prior to, and presented by the Contractor during, the Project Kick-Off Meeting which will occur NLT 5 business days after award, or as otherwise coordinated between the Contractor and the VATR. VA reserves the right to direct changes to proposed draft Site Plan and will approve the Site Plan at the conclusion of the Project Kick-Off Meeting. The Site Plan document must be in the form of a visual drawing, schematic, or artistic rendering. The functional purpose of the Site Plan is to show the name and physical location of each individual plant (i.e., each single tree, shrub, bush, grass, etc.), listed under each individual project above, in its proposed (draft for review at Project Kick-Off Meeting) and final (due at the end of the contract Period of Performance) planted location within the boundaries of the particular project. Each project listed above will have its own specific drawing, schematic, or artistic rendering. Appropriate descriptive plant information should accompany each project drawing, schematic, or artistic rendering. Following award, the successful offeror will coordinate with the VATR in developing the Site Plan in the acceptable format required.

F. PROJECT KICK-OFF MEETING. Contractor shall coordinate with the VATR to establish and conduct a Project Kick-Off Meeting NLT 5 business days after award, or as otherwise coordinated between the Contractor and the VATR. Contractor shall develop (with VA input and approval) a meeting agenda and will distribute agenda, and other materials for the meeting, to participants at a minimum of 3 days before the meeting. At a minimum, the meeting agenda shall include all the following items for presentation and/or discussion:

• Site Plan (see paragraph E above) Schedule (Fall and Spring) Sequence Preparatory Work Protection Other factors affecting successful completion of the project

G. CONTRACTOR BADGING & CHECK-IN REQUIREMENTS: If not specifically escorted by Omaha VA staff, Contractor personnel will be required to obtain a Non-PIV Flash Badge prior to gaining access to, and working on, the Omaha VA campus grounds. Contractor personnel will be required to show two (2) forms of government-issued photo identification to obtain a flash badge.

Contractor will coordinate with the VA Technical Representative (See below) for all badging and check-in requirements and procedures.

H. VA TECHNICAL REPRESENTATIVE: The VA Technical Representative (VATR) for this contract is Jeffrey Fryman, NWI Trades Supervisor, at Jeffrey.Fryman@va.gov or 402-995-3410 (Office) or 402-515-8804 (Cell).

I. OUT OF SCOPE CHANGES. The need for any additional work or services that may arise, that are outside of the scope discussed above, are considered to be work billed separately and will be either be contracted for, or purchased, separately.

Attachments:

Attachment 1 – Maps and Photographs

SECTION C - CONTRACT CLAUSES

C.1 52.204-27 PROHIBITION ON A BYTEDANCE COVERED APPLICATION

(JUN 2023)

(a) Definitions. As used in this clause—

Covered application means the social networking service TikTok or any successor application or service developed or provided by ByteDance Limited or an entity owned by ByteDance Limited.

Information technology, as defined in 40 U.S.C. 11101(6)—

(1) Means any equipment or interconnected system or subsystem of equipment, used in the automatic acquisition, storage, analysis, evaluation, manipulation, management, movement, control, display, switching, interchange, transmission, or reception of data or information by the executive agency, if the equipment is used by the executive agency directly or is used by a contractor under a contract with the executive agency that requires the use—

(i) Of that equipment; or

(ii) Of that equipment to a significant extent in the performance of a service or the furnishing of a product;

(2) Includes computers, ancillary equipment (including imaging peripherals, input, output, and storage devices necessary for security and surveillance), peripheral equipment designed to be controlled by the central processing unit of a computer, software, firmware and similar procedures, services (including support services), and related resources; but

(3) Does not include any equipment acquired by a Federal contractor incidental to a Federal contract.

(b) Prohibition. Section 102 of Division R of the Consolidated Appropriations Act, 2023 (Pub. L.

117–328), the No TikTok on Government Devices Act, and its implementing guidance under Office of Management and Budget (OMB) Memorandum M–23–13, dated February 27, 2023, ‘‘No TikTok on Government Devices’’ Implementation Guidance, collectively prohibit the presence or use of a covered application on executive agency information technology, including certain equipment used by Federal contractors. The Contractor is prohibited from having or using a covered application on any information technology owned or managed by the Government, or on any information technology used or provided by the Contractor under this contract, including equipment provided by the Contractor’s employees; however, this prohibition does not apply if the Contracting Officer provides written notification to the Contractor that an exception has been granted in accordance with OMB Memorandum M–23–13.

(c) Subcontracts. The Contractor shall insert the substance of this clause, including this paragraph (c), in all subcontracts, including subcontracts for the acquisition of commercial products or commercial services.

(End of Clause)

C.2 52.212-4 CONTRACT TERMS AND CONDITIONS—COMMERCIAL

PRODUCTS AND COMMERCIAL SERVICES (DEC 2022)

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

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

and

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

(b) Assignment. The Contractor or its assignee may assign its rights to receive payment due as a result of performance of this contract to a bank, trust company, or other financing institution, including any Federal lending agency in accordance with the Assignment of Claims Act (31 U.S.C. 3727). However, when a third party makes payment (e.g., use of the Governmentwide commercial purchase card), the Contractor may not assign its rights to receive payment under this contract.

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

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

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

(f) Excusable delays. The Contractor shall be liable for default unless nonperformance is caused by an occurrence beyond the reasonable control of the Contractor and without its fault or negligence such as, acts of God or the public enemy, acts of the Government in either its sovereign or contractual capacity, fires, floods, epidemics, quarantine restrictions, strikes, unusually severe weather, and delays of common carriers. The Contractor shall notify the Contracting Officer in writing as soon as it is reasonably possible after the commencement of any excusable delay, setting forth the full particulars in connection therewith, shall remedy such occurrence with all reasonable dispatch, and shall promptly give written notice to the Contracting Officer of the cessation of such occurrence.

(g) Invoice.

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

(i) Name and address of the Contractor;

(ii) Invoice date and number;

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

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

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

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

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

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

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

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

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

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

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

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

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

(i) Payment.—

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

(2) Prompt payment. The Government will make payment in accordance with the Prompt Payment Act (31 U.S.C. 3903) and prompt payment regulations at 5 CFR part 1315.

(3) Electronic Funds Transfer (EFT). If the Government makes payment by EFT, see 52.212- 5(b) for the appropriate EFT clause.

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

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

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

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

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

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

(D) Contractor point of contact.

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

(6) Interest.

(i) All amounts that become payable by the Contractor to the Government under this contract shall bear simple interest from the date due until paid unless paid within 30 days of becoming due. The interest rate shall be the interest rate established by the Secretary of the Treasury as provided in 41 U.S.C. 7109, which is applicable to the period in which the amount becomes due, as provided in (i)(6)(v) of this clause, and then at the rate applicable for each six-month period as fixed by the Secretary until the amount is paid.

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

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

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

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

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

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

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

(A) The date fixed under this contract.

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

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

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

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

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

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

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

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

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

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

(l) Termination for the Government's convenience. The Government reserves the right to terminate this contract, or any part hereof, for its sole convenience. In the event of such termination, the Contractor shall immediately stop all work hereunder and shall immediately cause any and all of its suppliers and subcontractors to cease work. Subject to the terms of this contract, the Contractor shall be paid a percentage of the contract price reflecting the percentage of the work performed prior to the notice of termination, plus reasonable charges the Contractor can demonstrate to the satisfaction of the Government using its standard record keeping system, have resulted from the termination. The Contractor shall not be required to comply with the cost accounting standards or contract cost principles for this purpose. This paragraph does not give the Government any right to audit the Contractor's records. The Contractor shall not be paid for any work performed or costs incurred which reasonably could have been avoided.

(m) Termination for cause. The Government may terminate this contract, or any part hereof, for cause in the event of any default by the Contractor, or if the Contractor fails to comply with any contract terms and conditions, or fails to provide the Government, upon request, with adequate assurances of future performance. In the event of termination for cause, the Government shall not be liable to the Contractor for any amount for supplies or services not accepted, and the Contractor shall be liable to the Government for any and all rights and remedies provided by law. If it is determined that the Government improperly terminated this contract for default, such termination shall be deemed a termination for convenience.

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

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

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

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

(r) Compliance with laws unique to Government contracts. The Contractor agrees to comply with 31 U.S.C. 1352 relating to limitations on the use of appropriated funds to influence certain Federal contracts; 18 U.S.C. 431 relating to officials not to benefit; 40 U.S.C. chapter 37, Contract Work Hours and Safety Standards; 41 U.S.C. chapter 87, Kickbacks; 41 U.S.C. 4712 and 10 U.S.C. 4701 relating to whistleblower protections; 49 U.S.C. 40118, Fly American; and 41 U.S.C. chapter 21 relating to procurement integrity.

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

(1) The schedule of supplies/services.

(2) The Assignments, Disputes, Payments, Invoice, Other Compliances, Compliance with Laws Unique to Government Contracts, and Unauthorized Obligations paragraphs of this clause;

(3) The clause at 52.212-5.

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

(5) Solicitation provisions if this is a solicitation.

(6) Other paragraphs of this clause.

(7) The Standard Form 1449.

(8) Other documents, exhibits, and attachments

(9) The specification.

(t) [Reserved]

(u) Unauthorized Obligations.

(1) Except as stated in paragraph (u)(2) of this clause, when any supply or service acquired under this contract is subject to any End User License Agreement (EULA), Terms of Service (TOS), or similar legal instrument or agreement, that includes any clause requiring the Government to indemnify the Contractor or any person or entity for damages, costs, fees, or any other loss or liability that would create an Anti-Deficiency Act violation (31 U.S.C. 1341), the following shall govern:

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

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

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

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

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

(End of Clause)

C.3 52.212-5 CONTRACT TERMS AND CONDITIONS REQUIRED TO

IMPLEMENT STATUTES OR EXECUTIVE ORDERS—COMMERCIAL

PRODUCTS AND COMMERCIAL SERVICES (JUN 2023)

(a) The Contractor shall comply with the following Federal Acquisition Regulation (FAR) clauses, which are incorporated in this contract by reference, to implement provisions of law or Executive orders applicable to acquisitions of commercial products and commercial services:

(1) 52.203-19, Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements (JAN 2017) (section 743 of Division E, Title VII, of the Consolidated and Further

Continuing Appropriations Act, 2015 (Pub. L. 113-235) and its successor provisions in subsequent appropriations acts (and as extended in continuing resolutions)).

(2) 52.204–23, Prohibition on Contracting for Hardware, Software, and Services Developed or Provided by Kaspersky Lab and Other Covered Entities (NOV 2021) (Section 1634 of Pub. L.

115–91).

(3) 52.204–25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment. (NOV 2021) (Section 889(a)(1)(A) of Pub. L. 115–232).

(4) 52.209-10, Prohibition on Contracting with Inverted Domestic Corporations (NOV 2015).

(5) 52.232–40, Providing Accelerated Payments to Small Business Subcontractors (MAR 2023) (31 U.S.C. 3903 and 10 U.S.C. 3801).

(6) 52.233-3, Protest After Award (AUG 1996) (31 U.S.C. 3553).

(7) 52.233-4, Applicable Law for Breach of Contract Claim (OCT 2004) (Public Laws 108-77 and 108-78 (19 U.S.C. 3805 note)).

(b) The Contractor shall comply with the FAR clauses in this paragraph (b) that the Contracting Officer has indicated as being incorporated in this contract by reference to implement provisions of law or Executive orders applicable to acquisitions of commercial products and commercial services:

[] (1) 52.203–6, Restrictions on Subcontractor Sales to the Government (JUN 2020), with Alternate I (NOV 2021) (41 U.S.C. 4704 and 10 U.S.C. 4655).

[] (2) 52.203–13, Contractor Code of Business Ethics and Conduct (NOV 2021) (41 U.S.C.

3509).

[] (3) 52.203–15, Whistleblower Protections under the American Recovery and Reinvestment Act of 2009 (JUN 2010) (Section 1553 of Pub. L. 111-5). (Applies to contracts funded by the American Recovery and Reinvestment Act of 2009.)

[X] (4) 52.204–10, Reporting Executive Compensation and First-Tier Subcontract Awards (JUN 2020) (Pub. L. 109–282) (31 U.S.C. 6101 note).

[] (5) [Reserved]

[] (6) 52.204–14, Service Contract Reporting Requirements (OCT 2016) (Pub. L. 111–117, section 743 of Div. C).

[] (7) 52.204–15, Service Contract Reporting Requirements for Indefinite-Delivery Contracts (OCT 2016) (Pub. L. 111–117, section 743 of Div. C).

[X] (8) 52.204–27, Prohibition on a ByteDance Covered Application (JUN 2023) (Section 102 of Division R of Pub. L. 117–328).

[X] (9) 52.209–6, Protecting the Government’s Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment. (NOV 2021) (31 U.S.C. 6101 note).

[] (10) 52.209-9, Updates of Publicly Available Information Regarding Responsibility Matters

(OCT 2018) (41 U.S.C. 2313).

[] (11) [Reserved]

[] (12) 52.219–3, Notice of HUBZone Set-Aside or Sole-Source Award (OCT 2022) (15 U.S.C. 657a).

[] (13) 52.219–4, Notice of Price Evaluation Preference for HUBZone Small Business Concerns (OCT 2022) (if the offeror elects to waive the preference, it shall so indicate in its offer) (15 U.S.C. 657a).

[] (14) [Reserved]

[] (15)(i) 52.219-6, Notice of Total Small Business Set-Aside (NOV 2020) (15 U.S.C. 644).

[] (ii) Alternate I (MAR 2020) of 52.219-6.

[] (16)(i) 52.219-7, Notice of Partial Small Business Set-Aside (NOV 2020) (15 U.S.C. 644).

[] (ii) Alternate I (MAR 2020) of 52.219-7.

[] (17) 52.219-8, Utilization of Small Business Concerns (OCT 2022) (15 U.S.C. 637(d)(2) and (3)).

[] (18)(i) 52.219–9, Small Business Subcontracting Plan (OCT 2022) (15 U.S.C. 637(d)(4)).

[] (ii) Alternate I (NOV 2016) of 52.219-9.

[] (iii) Alternate II (NOV 2016) of 52.219-9.

[] (iv) Alternate III (JUN 2020) of 52.219–9.

[] (v) Alternate IV (SEP 2021) of 52.219–9.

[] (19)(i) 52.219-13, Notice of Set-Aside of Orders (MAR 2020) (15 U.S.C. 644(r)).

[] (ii) Alternate I (MAR 2020) of 52.219-13.

[] (20) 52.219–14, Limitations on Subcontracting (OCT 2022) (15 U.S.C. 657s).

[] (21) 52.219-16, Liquidated Damages—Subcontracting Plan (SEP 2021) (15 U.S.C.

637(d)(4)(F)(i)).

[X] (22) 52.219–27, Notice of Service-Disabled Veteran-Owned Small Business Set-Aside (OCT 2022) (15 U.S.C. 657f).

[X] (23) (i) 52.219–28, Post-Award Small Business Program Rerepresentation (MAR 2023) (15 U.S.C. 632(a)(2)).

[] (ii) Alternate I (MAR 2020) of 52.219–28.

[] (24) 52.219–29, Notice of Set-Aside for, or Sole-Source Award to, Economically Disadvantaged Women-Owned Small Business Concerns (OCT 2022) (15 U.S.C. 637(m)).

[] (25) 52.219–30, Notice of Set-Aside for, or Sole-Source Award to, Women-Owned Small Business Concerns Eligible Under the Women-Owned Small Business Program (OCT 2022) (15 U.S.C. 637(m)).

[] (26) 52.219-32, Orders Issued Directly Under Small Business Reserves (MAR 2020) (15 U.S.C. 644(r)).

[] (27) l(26) 52.219–33, Nonmanufacturer Rule (SEP 2021) (15 U.S.C. 657s).

[X] (28) 52.222-3, Convict Labor (JUN 2003) (E.O. 11755).

[] (29) 52.222–19, Child Labor—Cooperation with Authorities and Remedies (DEC 2022) (E.O. 13126).

[X] (30) 52.222-21, Prohibition of Segregated Facilities (APR 2015).

[X] (31)(i) 52.222–26, Equal Opportunity (SEP 2016) (E.O. 11246).

[] (ii) Alternate I (FEB 1999) of 52.222-26.

[] (32)(i) 52.222–35, Equal Opportunity for Veterans (JUN 2020) (38 U.S.C. 4212).

[] (ii) Alternate I (JUL 2014) of 52.222-35.

[X] (33)(i) 52.222–36, Equal Opportunity for Workers with Disabilities (JUN 2020) (29 U.S.C.

793).

[] (ii) Alternate I (JUL 2014) of 52.222-36.

[] (34) 52.222–37, Employment Reports on Veterans (JUN 2020) (38 U.S.C. 4212).

[] (35) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act

(DEC 2010) (E.O. 13496).

[X] (36)(i) 52.222-50, Combating Trafficking in Persons (NOV 2021) (22 U.S.C. chapter 78 and E.O. 13627).

[] (ii) Alternate I (MAR 2015) of 52.222-50 (22 U.S.C. chapter 78 and E.O. 13627).

[] (37) 52.222-54, Employment Eligibility Verification (MAY 2022). (E. O. 12989). (Not applicable to the acquisition of commercially available off-the-shelf items or certain other types of commercial products or commercial services as prescribed in FAR 22.1803.)

[] (38)(i) 52.223-9, Estimate of Percentage of Recovered Material Content for EPA- Designated Items (MAY 2008) (42 U.S.C.6962(c)(3)(A)(ii)). (Not applicable to the acquisition of commercially available off-the-shelf items.)

[] (ii) Alternate I (MAY 2008) of 52.223-9 (42 U.S.C. 6962(i)(2)(C)). (Not applicable to the acquisition of commercially available off-the-shelf items.)

[] (39) 52.223-11, Ozone-Depleting Substances and High Global Warming Potential Hydrofluorocarbons (JUN 2016) (E.O. 13693).

[] (40) 52.223-12, Maintenance, Service, Repair, or Disposal of Refrigeration Equipment and Air Conditioners (JUN 2016) (E.O. 13693).

[] (41)(i) 52.223-13, Acquisition of EPEAT®-Registered Imaging Equipment (JUN 2014) (E.O.s 13423 and 13514).

[] (ii) Alternate I (OCT 2015) of 52.223-13.

[] (42)(i) 52.223-14, Acquisition of EPEAT®-Registered Televisions (JUN 2014) (E.O.s 13423 and 13514).

[] (ii) Alternate I (JUN 2014) of 52.223-14.

[] (43) 52.223-15, Energy Efficiency in Energy-Consuming Products (MAY 2020) (42 U.S.C.

8259b).

[] (44)(i) 52.223-16, Acquisition of EPEAT®-Registered Personal Computer Products (OCT 2015) (E.O.s 13423 and 13514).

[] (ii) Alternate I (JUN 2014) of 52.223-16.

[X]…

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