S02 36C25723Q0749 rv.1 05-13-2023.pdf

PAGE 1 OF 1. REQUISITION NO.

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

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

TIME

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

SMALL BUSINESS

HUBZONE SMALL

BUSINESS

SERVICE-DISABLED

VETERAN-OWNED

SMALL BUSINESS

WOMEN-OWNED SMALL BUSINESS

(WOSB) ELIGIBLE UNDER THE WOMEN-OWNED

SMALL BUSINESS PROGRAM

EDWOSB

8(A)

NAICS:

SIZE STANDARD:

11. DELIVERY FOR FOB DESTINA-

TION UNLESS BLOCK IS

MARKED

SEE SCHEDULE

12. DISCOUNT TERMS

13a. THIS CONTRACT IS A

RATED ORDER UNDER

DPAS (15 CFR 700)

13b. RATING

14. METHOD OF SOLICITATION

RFQ IFB RFP

15. DELIVER TO CODE 16. ADMINISTERED BY CODE

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

TELEPHONE NO. UEI: EFT:

PHONE: FAX:

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

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

SEE ADDENDUM

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

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

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

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

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

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

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

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

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

AUTHORIZED FOR LOCAL REPRODUCTION (REV. NOV 2021)

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

7. FOR SOLICITATION

INFORMATION CALL:

STANDARD FORM 1449

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES

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

504-23-3-6133-0028

36C25723Q0749 05-15-2023

Lorri Schoellkopf 210 617 5300 X60778 05-31-2023

3:00 PM CDT

36C257 Department Of Veterans Affairs Network Contracting Office 17

5441 Babcock Road Ste. 302 San Antonio TX 78240

X 100

X

561730

$8.5 Million

N/A

X

36C504

Department of Veterans Affairs Thomas E. Creek VA Health Care System 6010 West Amarillo Boulevard

Amarillo TX 79106-1990

36C257

Department Of Veterans Affairs Network Contracting Office 17

This is accomplished through the Tungsten Network located at:

http://www.fsc.va.gov/einvoice.asp This is mandatory and the sole method for submitting invoices.

(877) 353-9791 (512) 460-5540

See CONTINUATION Page

Amarillo, TX Grounds Maintenance and Snow Removal

See Statement of Work for details.

Site Visit: 5/19/2023 @ 1:00 CDT.

Location: Amarillo VA Health Care System Address: 6010 West Amarillo Blvd, Bldg 34 Conference Room Amarillo, TX 79106-1990 POC: Emmett Easter Ph: (806) 355-9703 x7978 Email: emmett.easter@va.gov

RFQ Question Cut-Off Date/Time: 5/24/2023 @ 3:00pm CDT.

See CONTINUATION Page

X X

X 1

Joseph A. Leyte Contracting Officer http://www.fsc.va.gov/einvoice.asp

36C25723Q0749

Table of Contents

SECTION B - CONTINUATION OF SF 1449 BLOCKS

B.1 CONTRACT ADMINISTRATION DATA

B.2 STATEMENT OF WORK

B.3 QUALITY ASSURANCE SURVEILLANCE PLAN

B.4 PRICE/COST SCHEDULE

ITEM INFORMATION

SECTION C - CONTRACT CLAUSES

C.1 52.252-2 CLAUSES INCORPORATED BY REFERENCE (FEB 1998)

C.2 52.212-5 CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT

STATUTES OR EXECUTIVE ORDERS—COMMERCIAL PRODUCTS AND

COMMERCIAL SERVICES (MAR 2023)

C.3 52.217-8 OPTION TO EXTEND SERVICES (NOV 1999)

C.4 52.217-9 OPTION TO EXTEND THE TERM OF THE CONTRACT (MAR 2000) ... 28

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

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

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

CERTIFICATE OF COMPLIANCE FOR SERVICES AND CONSTRUCTION (JAN 2023)

(DEVIATION)

SECTION D - CONTRACT DOCUMENTS, EXHIBITS, OR ATTACHMENTS

SECTION E - SOLICITATION PROVISIONS

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

1998)

E.2 52.204-24 REPRESENTATION REGARDING CERTAIN TELECOMMUNICATIONS

AND VIDEO SURVEILLANCE SERVICES OR EQUIPMENT (NOV 2021)

E.3 52.212-1 INSTRUCTIONS TO OFFERORS—COMMERCIAL PRODUCTS AND

COMMERCIAL SERVICES (MAR 2023)

E.4 ADDENDUM to FAR 52.212-1 INSTRUCTIONS TO OFFERORS—COMMERCIAL

ITEMS

E.5 BASIS FOR AWARD

E.6 52.212-3 OFFEROR REPRESENTATIONS AND CERTIFICATIONS—

COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES (DEC 2022)

E.7 52.233-2 SERVICE OF PROTEST (SEP 2006)

E.8 VAAR 852.233-70 PROTEST CONTENT/ALTERNATIVE DISPUTE RESOLUTION

(OCT 2018)

E.9 VAAR 852.233-71 ALTERNATE PROTEST PROCEDURE (OCT 2018)

SECTION B - CONTINUATION OF SF 1449 BLOCKS

B.1 CONTRACT ADMINISTRATION DATA

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

a. CONTRACTOR:

b. GOVERNMENT: Contracting Officer 36C257 Joseph A. Leyte Department Of Veterans Affairs Network Contracting Office 17

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

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

[] 52.232-36, Payment by Third Party

3. INVOICES: Invoices shall be submitted in arrears:

a. Quarterly []

b. Semi-Annually []

c. Other [X] Monthly

4. GOVERNMENT INVOICE ADDRESS: All Invoices from the contractor shall be submitted electronically in accordance with VAAR Clause 852.232-72 Electronic Submission of Payment Requests.

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

AMENDMENT NO DATE

B.2 STATEMENT OF WORK

Description of Services. The Contractor shall provide all labor, tools, materials, equipment, transportation, supervision, and other items and services necessary to perform grounds maintenance and snow removal services at Thomas E. Creek Veterans Healthcare Service as described in the attached specifications and drawings.

GENERAL

I. BACKGROUND

A. The Amarillo VA Health Care System’s Thomas E. Creek hospital located in Amarillo, Texas requires grounds maintenance and snow removal service.

B. The Contractor is subject to the application of VA Directive 0710 titled Personnel Security and Suitability Program from June 4, 2010, https://www.va.gov/SECURITYINVESTIGATIONSCENTER/Directives_and_Regulatory_Guid ance.asp#:~:text=VA%20Directive%200710%20%E2%80%93%20Personnel%20Security%20a nd%20Suitability,management%20of%20the%20personnel%20suitability%20and%20security% 20program.

II. DEFINITIONS/ACRONYMS

A. CO - Contracting Officer: The Contracting Officer is a person with the authority to enter into, administer, and/or terminate contracts and make related determinations and findings. The term includes certain authorized representatives of the Contracting Officer acting within the limits of their authority as delegated by the Contracting Officer.

B. COR - Contracting Officer’s Representative: Is responsible to furnish technical guidance and advice or generally monitor the work performed under the contract. Representatives will not be authorized to make any commitments or changes, which will affect the price, quantity, and quality or delivery terms. A Contracting Officer acting within his/her authority is the only authorized Government employee to execute all changes to a contract.

C. PMI – Preventive Maintenance Inspection: Services which are periodic in nature and are required to maintain the equipment in such condition that it may be operated in accordance with its intended design and functional capacity with minimal incidence of malfunction or inoperative conditions.

III. SUMMARY OF WORK

A. Maintain Grounds. The contractor shall provide services identified below for all grounds identified in Attachment 1.

1. Mowing of all Grass Areas. Grass and vegetation shall be maintained between 2 to 4 inches in height, in all grassy areas. Grass clippings shall be bagged during mowing. All tree https://www.va.gov/SECURITYINVESTIGATIONSCENTER/Directives_and_Regulatory_Guidance.asp#:%7E:text=VA%20Directive%200710%20%E2%80%93%20Personnel%20Security%20and%20Suitability,management%20of%20the%20personnel%20suitability%20and%20security%20program https://www.va.gov/SECURITYINVESTIGATIONSCENTER/Directives_and_Regulatory_Guidance.asp#:%7E:text=VA%20Directive%200710%20%E2%80%93%20Personnel%20Security%20and%20Suitability,management%20of%20the%20personnel%20suitability%20and%20security%20program https://www.va.gov/SECURITYINVESTIGATIONSCENTER/Directives_and_Regulatory_Guidance.asp#:%7E:text=VA%20Directive%200710%20%E2%80%93%20Personnel%20Security%20and%20Suitability,management%20of%20the%20personnel%20suitability%20and%20security%20program https://www.va.gov/SECURITYINVESTIGATIONSCENTER/Directives_and_Regulatory_Guidance.asp#:%7E:text=VA%20Directive%200710%20%E2%80%93%20Personnel%20Security%20and%20Suitability,management%20of%20the%20personnel%20suitability%20and%20security%20program limbs, pinecones, litter, and other debris shall be picked up and disposed of prior to each mowing.

2. Contractor will blow all sidewalks and streets to clear them of grass particles immediately following mowing. Contractor shall remove all and dispose of all collected material off site. All damage by the Contractor to government property (to include personal property of AMAVHCS patients, visitors, and employees) due to performance of mowing operations shall be repaired or replaced by the contractor at no additional cost to the government within 15 days after identification/notification.

B. Herbicide, Fertilizer Treatment and Fungicide Application Procedures. The contractor shall perform treatment in accordance with federal and state regulations. The contractor will submit an herbicide and fungicide plan to the COR for approval. Contractor is responsible for handling and applying all chemicals in accordance with applicable regulations with Texas Commission on Environmental Quality (TCEQ), Texas Department of Agriculture (TDA), Occupational Safety and Health Association (OSHA), Center for Disease Control (CDC), Environmental Protection Agency (EPA), and other applicable local laws. Hazardous waste shall be properly disposed and documented by the Contractor and shall be manifested under the Contractors identification number. Contractor may be required to furnish copies of manifests.

1. Chemical Weed Control, Manual Weed Removal, Pesticides. The Contractor shall apply a preemergent, post emergent herbicide and fertilizer to irrigated areas at appropriate times based on weather conditions. Curbs, sidewalks, parking lots and pavement shall be free of weeds.

Contractor shall control weeds primarily by manual or mechanical removal in conjunction with mulching and mowing of grass to promote growth of grass. All areas, except open lawn areas, shall be weeded at the same frequency as mowing. All weeds shall be removed from the work site at the time of weeding. At no time should weeds be allowed to exceed three inches. Weeds in paved areas, curbs and sidewalks may be controlled with a chemical herbicide provided they are treated before the growth exceeds three inches in height. If this height is exceeded, weeds in paved areas must be removed by hand.

2. The Contractor shall submit a weed control plan to the COR prior to any herbicide application being allowed. The plan must be updated before any new herbicide is used. The weed control plan shall detail:

a) The type of herbicide(s) to be applied, with the name &EPA number & application rate (amount per acre).

b) Timing of application(s). Spring pre and post emergent with fertilization no later than 2nd Friday in May. Contractor defined intervals throughout summer for weed control and fertilization for adequate control of weeds and promotion of lawn growth/health. Fall pre and post emergent with fertilization no later than last week in November.

c) The type of application equipment.

3. Contractor personnel handling and applying herbicides shall possess and maintain a current State of Texas Applicators license, business license and training in the appropriate herbicide/pesticide categories. A copy of all state certifications/licenses of personnel applying pesticides herbicides shall be provided to the COR seven days prior to the application of any pesticide. No uncertified technicians will be authorized to mix or apply herbicides.

4. The Contractor shall furnish the COR with labels and Material Safety Data Sheets (MSDS) for all herbicides to be approved by the AVAHCS Pest Management Coordinator and Green Environmental Management System (GEMS) coordinator prior to use. Herbicides will be applied in accordance with label directions, including required personal protective equipment, application rates, and use restrictions.

5. Contractors must have a spill kit on each vehicle capable of containing 110% of the greatest container volume. All wastes shall be the responsibility of the Contractor and will be disposed of offsite in accordance with all Federal and State regulations pertaining to hazardous chemicals, wastes, and herbicides/pesticides. In no manner will the Government be responsible for off-site disposals.

C. Snow removal

1. Within 2 hours of initial notification from the COR, the Contractor shall begin snowplow/sanding/ salting/ice removal procedures. Parking lots and entrances shall be plowed. It shall be plowed to the bare pavement with no trailing windrows left in the areas. Any areas too icy to plow shall be salted/sanded. The parking lot curbs shall be visible and catch basins exposed. All parking spaces shall be cleared of snow and available for parking. All sidewalks, exterior stairways and entrances shall be shoveled and/or plowed to bare concrete and ice melt applied as necessary. The contractor may do pretreatment if they chose to do so. The contractor will be required to take ‘before and after’ time-stamped pictures to be emailed to the COR, if the COR cannot be present to verify the work performed. The pictures provide the Government with verification of services performed and approval/rejection of invoices. Pictures need to be provided of the area being serviced. Location of pictures is as shown on the site map. The pictures shall be timely upon completion of services; all serviced areas shall be fully documented. The Government will not APPROVE invoices without pictures to verify services have been performed satisfactorily.

D. Contractor-Furnished Equipment/Vehicles. The contractor shall provide and maintain all equipment and vehicles necessary to perform the requirements of this contract. The contractor may perform cleaning, minor repair and other normal maintenance requirements of equipment on site. Maintenance and repair of contractor vehicles or their privately owned vehicles shall not be accomplished on site. Contractor vehicles shall be maintained to present a neat, professional appearance.

1. All equipment used in the performance of this contract shall be in operable condition and carry a U/L (Underwriters Laboratory) listing, if applicable. Equipment found to be unsafe and unable to function as designed, shall not be used in performance of this contract. The contracting officer or designated representative may inspect the contractor’s equipment and vehicles at any time and direct the removal of any unsafe or unusable equipment or vehicle from the installation.

Any replaced equipment or vehicle shall be at the contractor’s expense.

2. The contractor shall coordinate availability of a sufficient quantity of equipment and vehicles to effectively fulfill the scope of this contract. Equipment failure or maintenance requirements shall not alleviate the contractor from meeting the performance standards contained in this contract.

E. Quality Control. The contractor shall develop and maintain a quality control program to ensure grounds maintenance services are performed in accordance with commonly accepted commercial practices and services identified in this PWS. The contractor shall develop and implement procedures to identify, prevent, and ensure non-performance and continual repeat of defective service does not occur. A written Quality Control Plan shall be submitted with technical proposal. The plan shall specifically address the contractor’s strategy to provide quality workmanship, continual process improvement and for correcting deficiencies as required.

F. Quality Assurance. The government shall inspect and evaluate the contractor’s performance to ensure services are received in accordance with requirements set forth in this contract. The COR shall inspect by watching actual task performance, physically checking an attribute of the completed task, checking a management information report, investigating customer complaints, conferring with facility managers, or otherwise inspecting the task or its results to determine whether performance meets the standards contained in this SOW. The COR will use the contractor’s work schedule or modified version thereof, to record surveillance. Results of the surveillance then become the official AVAHCS record of the Contractor’s performance. When a performance threshold has not been met or contractor performance has not been accomplished, the COR will initiate and provide the Contracting Officer a Contract Discrepancy Report (CDR) for issuance to the contractor. The contractor shall respond to the CDR IAW instructions provided and return it to the Contracting Officer within 10 calendar days of receipt.

G. Surveillance Methods.

1. Periodic Surveillances. This method requires the COR to employ a “spot check” style of evaluation based on the contractor’s schedule. Periodic surveillances will be conducted on a scheduled basis (Daily, weekly, monthly, quarterly, semi-annual, or annually) and may be adjusted, based on quality trends.

a) Any unsatisfactory inspection (defect) result will be recorded, and the Contractor shall re-perform the service after notification by the COR.

b) Failing to meet the performance threshold as outlined in the Quality Assurance Surveillance Plan for any of these performance objectives in any one-month period shall result in a warning or letter of concern from the Contracting Officer.

c) Failing to meet the performance threshold as outlined in the Quality Assurance Surveillance Plan of these performance objectives in any combination for any two, or more consecutive or non-consecutive months during a contract period shall constitute an immediate Progress Meeting with the Multi-functional Team. All remedies shall be in accordance with the FAR 52.212-4 (a), Contract Terms and Conditions - Commercial Items, Inspection/Acceptance.

H. Periodic Progress Meetings. The Contracting Officer, Facility Director, COR, other government personnel as appropriate, and the Contractor will periodically meet to discuss the

Contractor’s performance. The minutes will be recorded in writing. Should the contractor not concur with the minutes, the contractor will provide written notification to the Contracting Officer identifying areas of non-concurrence for resolution.

I. Contractors shall be equipped with all necessary tools, equipment, and Personal Protective Equipment (PPE) to perform the work safely, effectively, and timely. Tools, equipment, and PPE shall comply with the requirements of OSHA Standard 29 CFR 1910, Subpart I, and NFPA 70E.

J. Government Furnished Property and Services

1. Government Furnished Facilities. The contractor shall confine all operations (including storage of materials) on Government premises to areas authorized and approved by the COR.

The contractor shall not hold the Government, its officers, and agents, liable of any theft or damage to equipment stored or used on government property. Temporary buildings, storage containers, and utilities may be brought onsite by the contractor only with the approval of the COR and shall be built of approved materials with no expense to the Government. Temporary buildings and utilities shall remain the property of the contractor and shall be removed and the existing grounds restored by the contractor at the contractor’s expense upon completion of the contract.

K. 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. The Contractor shall pay for the repair of any damaged curbs, sidewalks, or roads.

1. All flammable liquids shall be handled, stored, and used in accordance with National Fire Protection Agency (NFPA) Standard No. 30-1998.

2. Maintain site to permit access of fire department vehicles at all times. All portions of building entrance and exits must always be accessible for fire department apparatus and permit emergency egress of personnel.

L. Perform services to interfere as little as possible with normal functioning of the VAMC as a whole, including operations of utility services, fire protection systems and any existing equipment, and with work being done by others.

M. Government Furnished Utilities. The Government will furnish electricity, water and sewage service as necessary for accomplishment of work in accordance with this contract.

1. Utility Conservation. The Contractor shall adhere to all AVAHCS utility conservation practices or requirements. The contractor shall be responsible for operating under conditions that prevent waste of utilities.

2. Telephone Service. Telephone service shall be provided by the contractor at the contractor’s expense.

3. Security, Fire and Medical Services. The Government will provide police and fire protection in the event of a medical emergency.

4. Refuse Collection and Disposal. The contractor shall use existing bulk containers/dumpsters to dispose of trash/debris. The COR will identify these specific dumpsters for use. Refuse (leaves, limbs, grass clippings, etc.) generated from accomplishment of services detailed in this PWS will be disposed of offsite at contractors’ expense.

N. General Information

1. Hours of Operation. The contractor shall perform the services required under this contract during the base hours of operation: 7:00A.M. – 4:30P.M., Monday through Friday. The contractor may find it necessary to deviate from the normal AVAHCS hours of operation (i.e., working on Saturday, Sunday, early, or late) due to weather conditions or unforeseen circumstances, to ensure timely completion of work under this PWS at no additional cost to the government. Contractor shall communicate and submit request to the COR.

2. Employees will wear shirts when on site and performing contract work. Engineering will issue the contractor temporary badges for all employees. Badges must be displayed while on AVAHCS property.

3. AVAHCS will not provide lunchroom or washroom facilities.

4. Water will be available through hose connections for use by Contractor. The COR shall provide locations of those connections. Contractor is responsible for transportation of water, safe routing of hoses, and repairs to leaking hoses.

5. Contractor shall be required to work after hours and/or weekends to access areas blocked by vehicles during VA's normal business hours. Contractor is responsible for determining which areas are affected during the site visit.

6. Contractor employees shall not be considered government employees for any purpose under the contract.

O. Federal Holidays. The contractor is not required to perform services on Federal Holidays. If the holiday falls on Saturday, the preceding Friday will be observed. If the holiday falls on Sunday, the following Monday will be observed. If a holiday falls on a scheduled service day, the Contractor will be responsible for rescheduling services for the first day past the holiday observance.

New Year’s Day - 1 January Martin Luther King Day - 3rd Monday in January Presidents Day - 3rd Monday in February Memorial Day - last Monday in May Juneteenth – 19 June Independence Day - 4 July Labor Day - 1st Monday in September Columbus Day - 2nd Monday in October Veteran’s Day - 11 November

Thanksgiving Day - 4th Thursday in November Christmas Day - 25 December

P. AVAHCS Closures. Work scheduled but not accomplished because of AVAHCS closure due to natural disaster or any unforeseen circumstance will be accomplished as soon as possible after reopening AVAHCS.

Q. Fuel Spill Response. The Contractor will be briefed on AVAHCS spill response procedures at the pre-performance conference. The Contractor is responsible to report and promptly cleanup all spills in a manner consistent with current environmental regulations. In the event that it is necessary to utilize government material, equipment or personnel to clean up a Contractor caused spill, the Contractor shall be required to reimburse the government for all associated costs.

R. Hazardous Material/Waste Management. The Contractor will be briefed on AVAHCS Hazardous Material/Waste Management Plan at the pre-performance conference.

1. Hazardous Materials. The Contractor shall not use products that are or contain toxic chemicals, Extremely Hazardous Substances (EHS), Ozone Depleting Substances (ODS), and/or Persistent Bio-accumulative and Toxic (PBT) chemicals. Any hazardous materials containing one of these banned substances will not be allowed on AVAHCS property.

S. Traffic Laws. The Contractor and its employees shall comply with VA Police traffic regulations.

T. Weapons, Firearms, and Ammunition. Contractor employees are prohibited from possessing weapons, firearms, or ammunition, on themselves or within their contractor-owned or privately owned vehicle while on AVAHCS property.

U. Reporting Requirements. Contractor personnel shall report to an appropriate authority any information or circumstances of which they are aware may pose a threat to the security of AVAHCS patients, visitors, employed personnel, contractor personnel and resources.

V. Physical Security. The Contractor shall be responsible for safeguarding all government property and controlled forms provided for contractor use. At the end of each work period, all government facilities, equipment, and materials shall be secured.

X. Contract Manager. The Contractor shall establish and maintain an office through which the contract manager or alternate(s) can be contacted during work hours. The contract manager or alternate shall be available during normal duty hours to meet on the installation within 2 hours with the government personnel designated by the Contracting Officer to discuss problem areas.

The Contractor shall provide the CO telephone number(s) where surveillance results and complaints can be reported. The Contractor shall also provide to the Contracting Officer the names and phone/pager numbers of Contractor POCs for after business hours including nights, weekends, and holidays. This information will be kept updated by the Contractor whenever personnel changes occur. The contract manager or alternate shall have full authority to act for the Contractor on all contract matters relating to the daily operation of this contract.

Y. Personnel. Contractor personnel shall present a neat appearance. Contractor personnel shall be easily recognizable while on the installation in conjunction with this contract. Each employee shall have and display a Government-furnished identifying badge. Contractor personnel shall wear uniforms which will be not less than a shirt and pants, not provided by the Government, identifying them as Contractor employees. The coloring or design of the item selected should be such that identifies personnel easily and quickly for reasons of safety and personal protection.

Smoking is not allowed on AVAHCS facilities. The government is authorized to restrict the employment under the contract of any contractor employee or prospective contractor employee, who is identified as a potential threat to the health, safety, security, general well-being or operational mission of AVAHCS and its population.

Z. Name Tag Control. The Contractor shall establish and implement methods of making sure all badges issued to the Contractor by the government are not lost or misplaced and are not used by unauthorized persons. The Contractor shall immediately report to the COR any occurrences of lost or duplicated badges.

AA. Schedules. The contractor shall submit a schedule for all services described in this PWS to the COR for approval at the pre-performance conference and at each change in the growing/non-growing season. The schedule shall identify plots, acreages, or base areas and days of the week service will occur. The contractor shall be allowed 30 calendar days to adjust work schedules based on inspections and traffic if applicable. Any modified work schedule shall be submitted to the COR for approval within 10 calendar days after the first contract month period. The contractor shall not deviate from the approved schedule without prior approval from the COR.

Permanent changes to the schedule must be submitted 10 calendar days before implementation and receive COR approval before the Government will allow the proposed changes. The schedule may be submitted electronically using a file format compatible with Government software programs.

AB. Distinguished Visitor (DV) and VIP visits. Occurrence-based (non-permanent) schedule changes due to AVAHCS director requests shall be submitted to the COR and do not require Contracting Officer approval. The COR shall have the ability to adjust the contractor’s grounds mowing schedule for DV and/or VIP visits to either the route or a specific area at AVAHCS at no additional cost.

AC. Contract Type. Contract will be a firm fixed price contract with a Base Year and 4 Option Years.

AD. Period of Performance. TBD upon award.

AE. Invoicing. All invoices shall be submitted in arrears, properly prepared in accordance with FAR 52.212-4, contain sufficient details, and match with the service tickets for the work rendered.

1. Invoices for fixed monthly fee shall be properly prepared and submitted to current invoice system or as directed by COR.

2. These invoices shall be sent in arrears at the beginning of each month following the month in which the services were rendered and billed for. At a minimum, all invoices shall include the following details:

a) Description of the services rendered.

b) Billing period in which the services were rendered.

c) Correct purchase order number which shall be issued by the Contracting Officer after the contract is awarded. Invoices without correct purchase order number shall be rejected and returned to the Contractor.

d) Invoice number and date.

3. Payments shall be made in accordance with the prompt payment act out of the Government annual appropriated funds obligated in a purchase order which shall be issued after the contract is awarded.

AF. Security Procedures.

1. Contractors are required to submit all personal information for a background investigation and receive a favorable adjudication before AVAHCS Human Resources issues a badge. The COR will provide the awarded contractor with required forms and be point of contact for any questions.

2. Contractor’s employees shall not enter the AVAHCS site without appropriate badge. They may also be subject to inspection of their personal effects when entering, while at, or leaving the AVAHCS site.

3. For working outside the “regular hours” as defined in the contract, Contractor shall give 7 days’ notice to the COR so that arrangements can be provided for the employees.

4. No photography of VA premises is allowed without written permission of the COR.

5. VA reserves the right to close down or shut down the project site and order Contractor’s employees off the premises in the event of a national emergency. The Contractor may return to the site only with the written approval of the COR.

B.3 QUALITY ASSURANCE SURVEILLANCE PLAN

The contractor will be evaluated in accordance with the following:

1. PURPOSE

This Quality Assurance Surveillance Plan (QASP) provides a systematic method to evaluate performance for the stated contract. This QASP explains the following:

• What will be monitored?

• How monitoring will take place?

• Who will conduct the monitoring?

• How monitoring efforts and results will be documented.

This QASP does not detail how the contractor accomplishes the work. Rather, the QASP is created with the premise that the contractor is responsible for management and quality control actions to meet the terms of the contract. It is the Government’s responsibility to be objective, fair, and consistent in evaluating performance.

This QASP is a “living document” and the Government may review and revise it on a regular basis. However, the Government shall coordinate changes with the contractor through contract modification. Copies of the original QASP and revisions shall be provided to the contractor and Government officials implementing surveillance activities.

2. GOVERNMENT ROLES AND RESPONSIBILITIES

The following personnel shall oversee and coordinate surveillance activities.

a. Contracting Officer (CO) – The CO shall ensure performance of all necessary actions for effective contracting, ensure compliance with the contract terms, and shall safeguard the interests of the United States in the contractual relationship. The CO shall also assure that the contractor receives impartial, fair, and equitable treatment under this contract.

The CO is ultimately responsible for the final determination of the adequacy of the contractor’s performance. The Administrative Contract Specialist (ACS) will assist the CO with the post-award functions of the contract.

Assigned CO: Joseph A. Leyte, NCO) 17 Email: joseph.leyte@va.gov Phone: 210-694-6315

Assigned CS: Lorri Schoellkopf, (NCO) 17 Email: lorri.schoellkopf@va.gov Phone: 210-617-5300 ext. 60778

Organization or Agency: VISN 17 VA Heart of Texas Health Care Network; Network Contracting Office (NCO) 17

b. Contracting Officer’s Representative (COR) – The COR is responsible for technical administration of the contract and shall assure proper Government surveillance of the mailto:joseph.leyte@va.gov mailto:lorri.schoellkopf@va.gov contractor’s performance. The COR shall keep a quality assurance file. The COR is not empowered to make any contractual commitments or to authorize any contractual changes on the Government’s behalf.

Assigned COR: Emmett S. Easter, Maintenance and Operations Supervisor Email: Emmett.easter@va.gov Telephone: 806-355-9703 ext. 7978

Organization or Agency: VISN 17 VA Heart of Texas Health Care Network

3. CONTRACTOR REPRESENTATIVES:

The following employee(s) of the contractor serve as the contractor’s program manager(s) for this contract.

4. PERFORMANCE STANDARDS:

The contractor is responsible for performance of ALL terms and conditions of the contract.

CORs will provide contract progress reports quarterly to the CO reflecting performance on this plan and all other aspects of the resultant contract. The performance standards outlined in this QASP shall be used to determine the level of contractor performance in the elements defined.

Performance standards define desired services. The Government performs surveillance to determine the level of Contractor performance to these standards.

The Government shall use these standards (section 6) to determine contractor performance and shall compare contractor performance to the standard and assign a rating. At the end of the performance period, these ratings will be used, in part, to establish the past performance of the contractor on the contract.

5. METHODS OF SURVEILLANCE:

The Contracting Officer’s Representative (COR) shall use the surveillance methods listed below in the administration of this QASP. Each method listed below applies to all performance standards listed for the specific Task.

a. Direct Observation. Direct observation shall be performed periodically or through surveillance.

b. Periodic Inspection. Evaluate outcomes on a periodic basis. Inspections may be scheduled Daily, Weekly, Monthly, Quarterly, Annually or unscheduled, as required.

c. Progress or status meetings.

d. Complaints. Complaints from agency personnel shall be passed to the Contractor's quality control inspector (QCI) for correction

e. Complaints. Complaints from beneficiaries shall be provided to agency personnel then it shall be passed to the Contractor's quality control inspector (QCI) for correction mailto:Emmett.easter@va.gov

f. COR or Designee conducts site visits: The COR will complete visits at each contracted service area to verify contract compliance.

STANDARD: Performance shall meet or exceed the thresholds as measured for each performance objective. The COR shall notify the contracting officer for appropriate action in accordance with FAR 52.212-4, Contract Terms and Conditions-Commercial Items, if any of the above service areas exceeds the customer complaint thresholds.

6. PROCEDURES: The COR shall periodically inspect to ensure Contractor compliance with the appropriate section of the Statement of Work (SOW). The COR or designee shall record results of inspection, noting the date and time of inspection. If inspection indicates unacceptable performance, the COR shall notify the CO of the deficiencies. The CO will notify the Contractor in writing and will request correction of the noted deficiencies within the specified time period.

Contractor shall be given notification to correct the deficiencies within a reasonable amount of time, on a case-by-case basis. The CO shall have the final authority on the amount of time the Contractor has to correct the deficiency.

7. PERFORMANCE MEASURES

Objective Threshold PWS Reference

Method of Assessment Incentive Disincentive

Mowing of all grass areas. Grass and vegetation shall be maintained between 2 to 4 inches.

90% of grass areas must be maintained per the SOW

Paragraphs III A 1. Review of work and approval by COR

Positive past performance CPARs ratings

Negative past performance CPARs ratings

All debris shall be removed upon completion of mowing.

100% of debris shall be removed after each mowing

Paragraphs III A 2 Review of work and approval by

COR

Positive past performance CPARs ratings

Negative past performance CPARs ratings

Contractor shall perform fertilization and weed control per the schedule in the SOW

Schedule must be followed 100% of the time

Paragraph III B 2b Review of work and approval by COR

Positive past performance CPARs ratings

Negative past performance CPARs ratings

Contractor shall employ a licensed applicator for all weed control

Licensed applicator shall be used 100% of the time for weed control

Paragraph III B Review of Applicators license by COR

Positive past performance CPARs ratings

Negative past performance CPARs ratings

Contractor shall not allow weed to exceed three inches

Weeds shall not exceed three inches at 95% of the facility

Paragraph III B 1 Review of work and approval by COR

Positive past performance CPARs ratings

Negative past performance CPARs ratings

Contractor shall arrive within 2 hours of initial notification by COR for snow removal

Contractor shall arrive within 2 hours 100% of the time

Paragraph C 1 COR verification Positive past performance CPARs ratings

Negative past performance CPARs ratings

Snow shall be plowed to bare pavement

Snow shall be plowed to bare pavement 100% of the time

Paragraph C 1 COR verification Positive past performance

Negative past performance

CPARs ratings

CPARs ratings

Sidewalks, exterior stairwells, and entrances shall be shoveled and/or plowed to bare concrete and ice melt applied as necessary

100% of Sidewalks, exterior stairwells and entrances shall be shoveled and/or plowed to bare concrete and ice melt applied as necessary

Paragraph C 1 COR verification Positive past performance CPARs ratings

Negative past performance CPARs ratings

All parking spaces shall be cleared of snow and available for parking

90% of parking spaces shall be cleared of snow and available for parking

Paragraph C 1 COR verification Positive past performance CPARs ratings

Negative past performance CPARs ratings

8. RATINGS

Exceptional: Performance meets contractual requirements and exceeds many to the Government’s benefit.

The contractual performance of the element or sub-element being assessed was accomplished with few minor problems for which corrective actions taken by the contractor were highly effective.

Note: To justify an Exceptional rating, you should identify multiple significant events in each category and state how it was a benefit to the GOVERNMENT. However, a singular event could be of such magnitude that it alone constitutes an Exceptional rating. In addition, there should have been NO significant weaknesses identified.

Very Good: Performance meets contractual requirements and exceeds some to the Government’s benefit.

The contractual performance of the element or sub-element being assessed was accomplished with some minor problems for which corrective actions taken by the contractor were effective.

Note: To justify a Very Good rating, you should identify a significant event in each category and state how it was a benefit to the GOVERNMENT. In addition, there should have been NO significant weaknesses identified.

Satisfactory: Performance meets contractual requirements. The contractual performance of the element or sub-element contains some minor problems, which corrective action is taken by the contractor appear or were satisfactory.

Note: To justify a Satisfactory rating, there should have been only minor problems, or major problems the contractor recovered from without impact to the contract. In addition, there should have been NO significant weaknesses identified.

Marginal: Performance does not meet some contractual requirements. The contractual performance of the element or sub-element being assessed reflects a serious problem for which the contractor has not yet identified corrective actions. The contractor has proposed actions appear only marginally effective or not fully implemented.

Note: To justify Marginal performance, you should identify a significant event in each category that the contractor had trouble overcoming and state how it affected the GOVERNMENT. A Marginal rating should be supported by referencing the management tool that notified the contractor of the contractual deficiency (e.g. Management, Quality, Safety or Environmental Deficiency Report or letter).

Unsatisfactory: Performance does not meet most contractual requirements and recovery is not likely in a timely manner. The contractual performance of the element or sub-element being assessed contains serious problem(s) for which the contractor’s corrective actions appear or were ineffective.

Note: To justify an Unsatisfactory rating, you should identify multiple significant events in each category that the contractor had trouble overcoming and state how it affected the GOVERNMENT. However, a singular problem could be of such serious magnitude that it alone constitutes an unsatisfactory rating. An Unsatisfactory rating should be supported by referencing the management tools used to notify the contractor of the contractual deficiencies (e.g. Management, Quality, Safety or Environmental Deficiency Reports, or letters).

9. DOCUMENTING PERFORMANCE

1. Acceptable Performance: The Government shall document performance. Any report may become a part of the supporting documentation for any contractual action.

2. Unacceptable performance: When unacceptable performance occurs, the COR shall inform the Contractor in writing unless circumstances necessitate verbal communication. In any case the COR shall document the discussion and place it in the COR file and provide a copy to the CO.

When the COR determines, formal written communication is required, the COR shall prepare a Contract Discrepancy Report (CDR) and present it to the Contracting Officer (CO). In turn, the CO shall present the CDR to the Contractor’s contracting personnel.

The Contractor shall acknowledge receipt of the CDR in writing. The CDR shall specify if the Contractor is required to prepare a corrective action plan to document how the Contractor shall correct the unacceptable performance and avoid a recurrence. The CDR shall also state how long after receipt the Contractor has to present this corrective action plan to the CO. The Government shall review the Contractor's corrective action plan to determine acceptability.

Any CDRs shall become a part of the supporting documentation for any contractual action deemed necessary by the CO.

10. FREQUENCY OF MEASUREMENT: During contract performance, the COR shall periodically analyze whether the negotiated frequency of surveillance is appropriate for the work being performed.

a. Frequency of Performance Assessment Meetings: The COR shall meet with the Contractor quarterly to assess performance and shall provide a written assessment.

Signature of Offer / Contractor Signature of COR

Name and Title of Signer (Type or Print) / Date Name of COR (Type or Print) / Date

B.4 PRICE/COST SCHEDULE

ITEM INFORMATION

ITEM

NUMBE

R

DESCRIPTION OF

SUPPLIES/SERVICE

S QUANTITY UNIT UNIT PRICE AMOUNT

36.00 WK ______________ _______________

Grounds Maintenance and Snow Removal

Contract Period: Base POP Begin: 06-05-2023 POP End: 06-04-2024

Contract Period: Option 1 POP Begin: 06-05-2024 POP End: 06-04-2025

Contract Period: Option 2 POP Begin: 06-05-2025 POP End: 06-04-2026

Contract Period: Option 3 POP Begin: 06-05-2026 POP End: 06-04-2027

Ground Maintenance and Snow Removal

Contract Period: Option 4 POP Begin: 06-05-2027 POP End: 06-04-2028

GRAND TOTAL _______________

SECTION C - CONTRACT CLAUSES

C.1 52.252-2 CLAUSES INCORPORATED BY REFERENCE (FEB 1998)

This contract incorporates one or more clauses by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. Also, the full text of a clause may be accessed electronically at this/these address(es):

http://www.acquisition.gov/far/index.html http://www.va.gov/oal/library/vaar/

(End of Clause)

FAR

Number

Title Date

52.203-17 CONTRACTOR EMPLOYEE WHISTLEBLOWER RIGHTS

AND REQUIREMENT TO INFORM EMPLOYEES OF

WHISTLEBLOWER RIGHTS

JUN 2020

52.204-4 PRINTED OR COPIED DOUBLE-SIDED ON

POSTCONSUMER FIBER CONTENT PAPER

MAY 2011

52.212-4 CONTRACT TERMS AND CONDITIONS—COMMERCIAL

PRODUCTS AND COMMERCIAL SERVICES

DEC 2022

52.232-40 PROVIDING ACCELERATED PAYMENTS TO SMALL

BUSINESS SUBCONTRACTORS

MAR 2023

852.203-70 COMMERCIAL ADVERTISING MAY 2018

852.228-71 INDEMNIFICATION AND INSURANCE MAR 2018

C.2 52.212-5 CONTRACT TERMS AND CONDITIONS REQUIRED TO

IMPLEMENT STATUTES OR EXECUTIVE ORDERS—COMMERCIAL

PRODUCTS AND COMMERCIAL SERVICES (MAR 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) 52.209–6, Protecting the Government’s Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment. (NOV 2021) (31 U.S.C. 6101 note).

[] (9) 52.209-9, Updates of Publicly Available Information Regarding Responsibility Matters (Oct 2018) (41 U.S.C.