S02 36C78621Q0261 - SF1449.pdf

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. DUNS: DUNS+4:

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. 2/2012)

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

7. FOR SOLICITATION

INFORMATION CALL:

STANDARD FORM 1449

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

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS 64

F369132-22-0000001

36C78621Q0261 08-17-2021

Philip Caganap 510-637-6288 08-24-2021

8AM PDT

36C786 Department of Veterans Affairs National Cemetery Administration Contracting Services 18434 Joplin Road Triangle VA 22172

X 100

X

561730

$8 Million

N/A

X

36C892

Miramar National Cemetery 5795 Nobel Drive San Diego, CA 92122

36C786

Department of Veterans Affairs National Cemetery Administration Contracting Services 18434 Joplin Road Triangle VA 22172 http://www.tungsten-network.com/customer -campaigns/veterans-affairs/

1-877-752-0900

See CONTINUATION Page

Request for Quote (RFQ) - Vernal Pool Maintenance Service at Miramar National Cemetery (MNC).

NCA Contracting POC: Philip Caganap philip.caganap2@va.gov

Any questions shall be emailed to the CO within 48 hours of the date/time of the posting of this RFQ. Questions received after 48 hours of the date/time of the posting of this RFQ shall not be addressed. Phone inquiries will not be addressed.

See CONTINUATION Page

X

Philip Caganap Contracting Officer

36C78621Q0261

Table of Contents

SECTION A

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

SECTION B - CONTINUATION OF SF 1449 BLOCKS

B.1 CONTRACT ADMINISTRATION DATA

B.2 DESCRIPTION OF REQUEST FOR QUOTE (RFQ)

B.3 STATEMENT OF WORK

B.4 PRICE/COST SCHEDULE

ITEM INFORMATION

SECTION C - CONTRACT CLAUSES

C.1 DIGNITY CLAUSE

C.2 52.212-4 CONTRACT TERMS AND CONDITIONS—COMMERCIAL ITEMS (OCT 2018)

C.3 ADDENDUM to FAR 52.212-4 CONTRACT TERMS AND CONDITIONS—COMMERCIAL

ITEMS

C.3.1 VAAR 852.212-70 PROVISIONS AND CLAUSES APPLICABLE TO VA

ACQUISITION OF COMMERCIAL ITEMS (APR 2020)

C.3.2 52.252-2 CLAUSES INCORPORATED BY REFERENCE (FEB 1998)

C.4 52.212-5 CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT

STATUTES OR EXECUTIVE ORDERS—COMMERCIAL ITEMS (JAN 2021) (JUL 2020)

(DEVIATION)

C.5 52.217-8 OPTION TO EXTEND SERVICES (NOV 1999)

C.6 52.217-9 OPTION TO EXTEND THE TERM OF THE CONTRACT (MAR 2000)

SECTION D - CONTRACT DOCUMENTS, EXHIBITS, OR ATTACHMENTS

SECTION E - SOLICITATION PROVISIONS

E.1 52.212-1 INSTRUCTIONS TO OFFERORS—COMMERCIAL ITEMS (JUL 2021)

E.2 ADDENDUM to FAR 52.212-1 INSTRUCTIONS TO OFFERORS—COMMERCIAL ITEMS

E.2.1 INSTRUCTIONS TO QUOTERS / SUBMISSION OF QUOTES

E.2.2 52.252-1 SOLICITATION PROVISIONS INCORPORATED BY REFERENCE (FEB

1998)

E.3 52.212-2 EVALUATION—COMMERCIAL ITEMS (OCT 2014)

E.4 52.212-3 OFFEROR REPRESENTATIONS AND CERTIFICATIONS—COMMERCIAL

ITEMS (FEB 2021) (JUL 2020) (DEVIATION)

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:

[Company Contact Person’s Name]:

[Company]:

[Street Address]:

[City, State, Zip]:

[Phone number]:

[Email address]:

[DUNS Number]:

b. GOVERNMENT: Philip “Gabe” Caganap, Contracting Officer 36C786 Department of Veterans Affairs National Cemetery Administration Contracting Services - Pacific District 1301 Clay Street, 1230 North Oakland, CA 94612 Philip.Caganap2@va.gov

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] Quarterly In Arrears

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.

http://www.tungsten-network.com/customer-campaigns/veterans-affairs/

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

AMENDMENT NO DATE

B.2 DESCRIPTION OF REQUEST FOR QUOTE (RFQ)

1. INTENT: In the spirit of the Federal Acquisition Streamlining Act and pursuant to Federal

Acquisition Regulation (FAR) Part 12 – Acquisition of Commercial Items and FAR Part 13 – Simplified Acquisition Procedures, it is the intent of the Department of Veterans Affairs (VA), National Cemetery Administration (NCA) to establish a Single Award, Firm Fixed Price (FFP) Contract for vernal pool maintenance services to support the Miramar National Cemetery (MNC) as described within this RFQ.

2. PERIOD OF PERFORMANCE: This RFQ is requesting quotes for a base period of one (1) quarter, three (3) optional quarters, and four (4) one year option periods that the NCA can unilaterally exercise, if/when it is in the best interest of the NCA. See Section B.4 for CLINS.

Base Period: 10-01-2021 – 12-31-2021 Base + All Option Periods: 10-01-2021 – 09-30-2027

3. NOTICE TO CONTRACTORS: The awarded Contractor is advised that only the Contracting Officer, acting within the scope of the contract has the authority to make changes which affect the contract in terms of quality, quantity, price or delivery, unless otherwise specified within this solicitation. In the event the Contractor initiates any such change at the direction of any person other than the Contractor Officer, the change shall be considered to have been made without authority and no adjustment shall be made in the contract price to cover any increase of costs incurred as a result thereof.

B.3 STATEMENT OF WORK

BACKGROUND:

National Cemeteries are a resting place for our nation's heroes and as such, the standards for management, maintenance and appearance of these cemeteries have been established by the National Cemetery Administration to reflect this nation's concern and respect for those interred there. The National Cemetery Administration (NCA) mission: the NCA honors veterans with a final resting place and lasting memorials that commemorate their service to our nation.

For this reason, strict adherence to these specifications is required, as well as to the National Cemetery Administration National Shrine Commitment Operational Standards and Measures (Version 5.1 July 2014, or the most current version), and, NCA Handbook 3410 Integrated Pest Management (IPM) Procedures for National Cemeteries, in accordance with the NCA Environmental Management System (EMS), and Contractor Awareness Training.

The Biological Opinion, National Shrine Operational Standards, and Natural Resource Management Plan are provided below.

All work shall be in compliance with the following applicable documents to Fort Rosecrans National Cemetery Annex at MCAS Miramar:

Biological Opinion (BO)from USFWS dated April 6, 2007;

Natural Resource Management Plan (NRMP) dated November 4, 2009, and revisions;

Storm Water Management Plan (SWMP) dated August 2009 Wetland Restoration Plan (WRP) dated February 1, 2010 Vernal Pool Restoration Plan (VPRP) dated November 4, 2009 Integrated Pest Management Plan (IPM) dated November 17, 2009 Land Use Agreement (LUA) between Department of Navy and Dept. of Veterans Affairs

(N6247308RP00049) dated April 21, 2008;

MCAS Miramar Integrated Natural Resources Management Plan (INRMP) for Marine Corps

Air Station Miramar, California, October 2006.

PURPOSE:

It is the intent of the Department of Veterans Affairs, National Cemetery Administration (NCA) to award a contract for Vernal Pool Maintenance services at Miramar National Cemetery, located at 5795 Nobel Drive, San Diego, California 92122. Vernal Pool Maintenance includes: Grounds Maintenance (Weed Control and Trash/Debris Removal), and Fence Repair.

VERNAL POOL MAINTENANCE:

GENERAL REQUIREMENTS

The Contractor will be responsible for maintenance of both the natural vernal pools and restored/enhanced vernal pools. The maintenance program is to ensure the persistence of the restored/enhanced vernal pool habitat and surrounding watersheds. The maintenance program shall involve removal of trash, weed control, and fence/gate repair. The Contractor shall be responsible for carrying out all required measures in a timely manner. These services shall be provided quarterly in accordance with the Natural Resource Management Plan and Table 1 below.

Table to be provided at a later date.

QUALIFICATIONS

The Contractor shall have on their staff a USFWS-approved vernal pool restoration specialist. The Contractor’s maintenance personnel shall have vernal pool maintenance experience, and perform maintenance work within the vernal pool complexes under direction of the vernal pool restoration specialist. The vernal pool specialist must have:

(1) a bachelor's degree with an emphasis in ecology, natural resource management, or related science;

(2) minimum of five years of demonstrated local experience with and understanding of the ecology of vernal pools; and

(3) previous experience with applying the terms and conditions described in a USFWS Biological Opinion.

Note: Natural Resource Management monitoring and reporting will be carried out under separate contract by a qualified Natural Resource Manager. The Natural Resource Manager will coordinate with the Cemetery to ensure habitat management/maintenance goals in the Natural Resource Management Plan are being met. Any maintenance issues observed during the Natural Resource Manager’s quarterly visits will be reported in writing to the Cemetery. The COR will coordinate with the Contractor to ensure that any maintenance issues reported are addressed in a timely manner.

VERNAL POOL MAINTENANCE DESCRIPTION:

Provide habitat management/maintenance tasks for vernal pools including: natural vernal pools, the restored/enhanced vernal pools, and upland habitat adjacent to these pools.

Management elements/tasks include:

Weed control;

Trash removal; and Fence maintenance and repair.

WEED CONTROL: (To be performed Quarterly in accordance with the Natural Resource Management Plan.) Maintenance efforts will be more intensive in the wet months and less intensive in the dry months.

Maintenance emphasis shall be placed on pro-active weed control. Remove all weed species within the restored/enhanced vernal pools and watershed restoration areas. The area of weed control within these areas encompasses approximately 5 Acres. (See Natural Resource Management Plan for location of these areas.)

Also remove all weed species within the approximate 50-feet buffer between the limit of cemetery development/operations and the adjacent natural areas/biological resources. The focus shall be placed on vernal pool islands within 50-feet of the cemetery footprint. This area encompassed approximately 10.5 Acres. The purpose is to ensure that cemetery development and operations do not result in the spread of invasive plant species into areas protected from cemetery development.

NOTE: Weed control for the natural areas within the approved development cemetery footprint is not to be included in this work.

Weeds within the existing vernal pool complexes and vernal pool islands shall be closely monitored, and removed to protect these sensitive areas from weed invasions.

Weed species of major maintenance concern include, but are not limited to: bent grass (Agrostis avenacea); grass poly (Lythrum hyssopifolium); curly dock (Rumex crispus); rabbits foot grass (Polypogon monspeliensis); filaree (Erodium spp.); Italian ryegrass (Lolium multiflorum); tocalote (Centaurea melitensis); and fennel (Foeniculum vulgare).

Remove all perennial weed species listed on Lists A & B of the California Invasive Plant Council's (Cal-IPC) "California Invasive Plant Inventory" (March 2006 plus updates) from vernal pool complexes enclosed by the 3-wire fence. (A copy of the complete list can be obtained from Cal-IPC's web site at http://www.cal-ipc.org.) Of particular concern are pampasgrass (Cortaderia selloana), iceplant (Carpobrotus spp.)/ (Mesembryanthemum spp.), and tamarisk (Tamarix spp.).

All workers conducting weed removal activities shall be proficient at distinguishing between native and non-native species, with special attention paid to rare and endangered plant species.

Perform weeding within and immediately adjacent to the restored and existing pools by hand and with hand tools. Take care when working within pools to avoid removing vernal pool plant species and to reduce soil disturbance.

Dispose of weeds offsite in a legal manner at the Contractor’s expense. Transport weeds in transparent plastic bags to avoid spreading seeds. Contractor may store commercial trash dumpster(s) in the contractor maintenance yard for the purpose of weed disposal as directed by the

COR.

Remove weeds in the upland watershed areas by hand tools whenever possible. However, focused herbicide application may be used if needed by requesting and coordinating their use with the Natural Resource Manager.

Any herbicide treatments shall be pre-approved by the Pacific District Agronomist and comply with MCAS Miramar's Pest Management Plan, shall have chemicals approved by the Navy's regional pesticide approval process, and the usage shall be reported through MCAS Miramar's Pest Management Record System, and the COR for recording in the Miramar National Cemetery Environmental Management System (EMS).

Contractor shall contact MCAS Miramar's Pest Management Coordinator, for current information if herbicide usage was determined to be necessary. The coordinator’s contact information is will be made available at contract award from the cemetery director.

Additionally, no herbicide shall be used within 5 feet of any vernal pools. Herbicides shall not be used during wet or windy conditions.

Do not to saturate the soils with herbicide, nor allow any herbicide to be blown into pools.

Mechanical removal of weed species with a string trimmer or other such device in the upland areas may be necessary. However, no mechanical weed removal devices shall be used in any pool.

Do not remove weeds in the pools while the pools are wet, or within the remainder of the vernal pool restoration area.

Hydrologic conditions shall be modified if necessary to assure prolonged periods of inundation to help control weeds, since pools that hold water longer generally have fewer invasive species.

SDS (Safety Data Sheets) are required for all chemicals, pesticides, herbicides, etc. A master file of SDS sheets shall be provided to the COR. The Contractor shall also maintain a file of all SDS sheets wherever these materials are stored.

TRASH REMOVAL: (To be performed Quarterly in accordance with the Natural Resource Management Plan.)

The Contractor shall remove any trash and debris encountered within the six (6) separately fenced areas enclosing the vernal pool complexes, restoration/enhancement pools, upland pool buffer watersheds, and vernal pool islands representing approximately 65 Acres. The vernal pool complexes and vernal pool islands which share edges with Miramar Rd. and Nobel Dr. will require additional attention since these areas are the most likely recipients of windborne trash and littering from off-site. It is extremely important to remove any metal debris since it has the ability to alter vernal pool chemistry. (See Natural Resource Management Plan for location of the fenced areas.)

Trash removal also includes an additional area 50-feet beyond the limit of cemetery development/operations representing approximately 10.5 Acres. The focus of trash removal shall be in this interface between the edge the cemetery development footprint and areas protected from cemetery development, since these areas are the most likely locations where trash, construction materials, vegetation debris, etc. from cemetery construction and operations would be most likely to occur.

Dispose of trash and debris offsite in a legal manner at the Contractor’s expense. The Cemetery will not provide refuse containers for the execution of this contract. The Contractor must pay for and arrange for collection and removal of waste generated by the execution of this contract from the cemetery. The Contractor may store commercial trash dumpster(s) in the contractor maintenance yard for trash and debris removal as directed by the COR.

FENCE MAINTENANCE AND REPAIR: (To be performed Quarterly in accordance with the Natural Resource Management Plan.)

Vernal pool complexes are enclosed by a 3-wire fence located around the perimeter of the protected areas. There is approximately 14,000 lineal feet of fence and gates to be maintained.

Fences and gates are subject to vandalism, and to animal damage. (See Natural Resource Management Plan for location of fenced areas.)

Permanent fencing shall be maintained in place around those vernal pools to be protected on site to restrict human access. The fencing will be maintained such that it does not alter the natural hydrological regimes of the area.

Fencing shall be maintained by reinstalling or replacing steel “T-stake” posts and smooth wire to match existing. In locations were fencing has been cut by trespassers, smooth wire has been replaced with barbed wire to deter further vandalism. Repair or replace barbed wire to match existing.

Gates will be maintained and repaired by replacing/reinstalling matching hardware and fence materials.

Re-secure signs to fences. Replace damaged or illegible signs to warn trespassers of “Restricted Area – Keep Out Authorized Personnel Only” in both English and Spanish.

GENERAL REQUIREMENTS:

CONTRACTOR AWARENESS TRAINING

As directed by the Natural Resource Management Plan, all contractors working within the boundaries of the Miramar National Cemetery will be required to participate in Contractor Awareness Training to familiarize themselves with the sensitive habitats and special status species associated with the Cemetery. The Natural Resource Manager shall provide Awareness Training to Contractor employees. Coordinate with the COR to arrange for this mandatory training.

The Awareness Training Manual and Training Materials are maintained by the Cemetery Director. As new contractors are hired the Natural Resource Manager shall provide training with documentation maintained in the Awareness Training Manual.

CONTRACTOR PERSONNEL

The Contractor shall provide a Site Manager who shall be responsible for the performance of work.

The Site Manager must have a minimum of 5 years of supervisory experience in directing the performance of landscape maintenance or construction work. The name of this person shall be designated in writing to the Contracting Officer.

Company Name:

Address:

Phone No:

Fax No:

Site Manager Name:

Email:

STANDARDS OF EMPLOYEE CONDUCT

Contractor and contractor personnel shall be required to adhere to the following standards of dress and conduct while performing work in the National Cemetery. These standards and regulations are enforceable under Title 38, U.S.C. Section 218.

Be fully clothed at all times, to include long slacks or pants and shirt, buttoned up from neck to waist.

Clothing shall be clean each day. Any soiled clothing should be cemetery work-related that day. T-shirts and/or tank tops as outer garments are prohibited. Shoes/boots shall have no holes or loose soles. When applicable, steel-toed shoes will be required in accordance with OSHA. Contractor employees shall maintain personal hygiene.

Shall not engage in loud or boisterous behavior or use profane or abusive language. Shall show proper reverence during committal service. (SEE DIGNITY CLAUSE.)

Not eat or drink beverages except water or non-alcoholic drinks while neither in work area nor in site of committal shelter during a service. Use of intoxicating beverages and/or drugs is strictly prohibited.

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

The only designated smoking area for the Miramar National Cemetery is located by the employee parking or an area designated by the COR. All other areas are designated as NO SMOKING.

DIGNITY CLAUSE

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

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

No tools, equipment or other items will be placed or leaned on headstones or markers. Use care not to scratch or damage markers in any manner.

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

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

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

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

USE OF CEMETERY FACILITIES

The Government shall not be responsible for any loss, damage, or theft of contractor items.

PARKING AND VA REGULATIONS

Contractor employees may park privately owned vehicles in the area designated for parking by the COR. It is the responsibility of the Contractor to ensure his employees park in the appropriate designated parking areas. The Cemetery will not invalidate or make reimbursement for parking violations of the Contractor’s employees under any conditions.

Smoking is prohibited inside any buildings at the Cemetery. Possession of weapons is prohibited.

All contractor personnel operating vehicles on government property must possess a valid state driver’s license.

The Government is not responsible for any damage, theft of vandalism to privately owned vehicles parked on cemetery property. All Contractor employees park on cemetery property at their own risk.

The Government will not provide the Contractor with a fenced storage yard to store supplies, tools and equipment related to the implementation of this contract. Contractor shall be responsible for acceptable standards of housekeeping and custodial maintenance of Cemetery facilities used by Contractor's employees.

Phone service will NOT be furnished by the Government for the contractor’s work area. However, government will provide all electricity and water used on and for the implementation of this contract.

WORKMEN'S COMPENSATION

The Contractor agrees to procure and maintain for the period, Workmen's Compensation and employers Public Liability Insurance in accordance with the laws of the State of California. The policy shall provide coverage for Public Liability limits of not less than statutory limitations if more than one person is involved.

EVIDENCE OF COVERAGE

Before commencing work under the contract, the Contractor shall furnish to the Contracting Officer a certificate of insurance and it shall contain an endorsement to the effect that cancellation of any material change in the policies which adversely affect the interests of the Government in such insurance shall not be effective unless a 30-day advance written notice of cancellation or change is furnished to the Contracting Officer.

CONTRACTOR'S RESPONSIBILITIES

The Contractor shall obtain all necessary licenses and/or permits required to perform this work.

He/she shall take all precautions necessary to protect persons and property from injury or damage during the performance of this contract. He/she shall be responsible for any injury or damage during the performance of this contract. He/she shall be responsible for any injury to himself/herself, his/her employees, or others, as well as for any damage to personal or public property that occurs during the performance of this that is caused by him/her or his/her employees' fault or negligence. The Contractor shall maintain personal liability and property damage insurance prescribed by the laws of the State of California.

Prior to the start of any work, the Contractor shall verify in writing to the COR that all of their equipment is in safe operating condition.

At a minimum, the Contractor shall preserve the health, appearance, and esthetic value, of all trees/shrubs while preventing damage to human life, property and the ecosystem and demonstrate a clear understanding of, and the sensitivity to environmental issues. Work shall be consistent and fully compliant with all applicable Federal, State, County and City laws. Adequate warning devices, barricades, guards, flagmen or other necessary precautions shall be used. The Contractor shall provide the least possible interference with cemetery operations, or annoyance to, NCA employees and the public. Qualified and trained persons shall do all work. All tools shall be clean, sharp, in proper working order and shall be checked for safety before each job. All work under this shall be performed in accordance with the requirements of the United States Department of Labor Occupational Safety and Health Administration.

The Contractor shall be held responsible for the cost of any repairs caused by negligence or abuse on his part or on the part of his employees.

The Contractor shall also be responsible for training and safety precautions for Contractor employees performing work under these specifications. OSHA standards shall be observed by the Contractor in all work performed. When required, appropriate safety equipment shall be furnished by the Contractor to Contractor personnel and shall be used as prescribed by OSHA standards, including hard hats, safety shoes, safety glasses, and hearing protection devices. The following OSHA and NFPA standards and codes are to be adhered to:

National Fire Protection Association (NFPA): 10-1998 Standard for Portable Fire Extinguishers

Occupational Safety and Health Administration (OSHA) 29 CFR 1910 Safety and Health Regulations for Personal Protection, Safety Color Codes, Portable Power Tools, Electrical Safety and Portable Electric Equipment.

Site and Building Access: Maintain free and unobstructed access to facility emergency services and for fire, police and other emergency response forces in accordance with NFPA 241.

LIABILITY DAMAGE

The Contractor shall take all necessary precautions to prevent damage to any trees, headstones, markers, monuments, flower vases and all other cemetery structures during execution of this contract. The Contractor shall immediately report any and all damage to the COR. As directed by the COR, the Contractor shall repair or replace in a timely manner any damaged or destroyed item, at the Contractor’s expense. The Contractor shall be charged current replacement costs for headstones or other property damaged as a result of actions by Contractor personnel.

WORK HOURS

Work Hours: Work may be performed between the hours of 8:00 a.m. to 4:30 p.m., Monday through Friday unless otherwise directed by the COR. At the Contractor’s request, and with the written permission of the COR, work may also be permitted to be scheduled for weekends and / or Holidays.

In emergency situations caused by the Contractor, or when severe adverse weather prohibits work during the week, the Contractor shall arrange with the COR to work on weekends and/or holidays in order to meet performance time frames. The Government shall may not be responsible for compensation to the Contractor for any alternate work schedules needed for the Contractor to complete all work within the specified project duration. No work will be permitted during Memorial Day or Veteran’s Day weekend activities. Notwithstanding, if any work under this will be required outside of the VA's normal working hours (8:00 a.m. to 4:30 p.m. Monday through Friday), the Contractor shall request for a deviation in writing to the COR at least 24 hours in advance.

The COR will notify the appropriate individuals regarding Contractor's anticipated schedule and will provide written approval or disapproval to the Contractor.

Holidays, the Contractor is not required to provide delivery services on the following National Holidays nor shall the Contractor be paid for these holidays:

Holiday Date Month New Year's Day 1 January

Martin Luther King's Birthday Third Monday January President's Day Third Monday February Memorial Day Last Monday May Independence Day 4 July Labor Day First Monday September Columbus Day Second Monday October Veterans Day 11 November Thanksgiving Day Fourth Thursday November Christmas Day 25 December

When a holiday falls on a Sunday, the following Monday shall be observed as a National Holiday. When a holiday falls on a Saturday, the proceeding Friday is observed as a National Holiday by U.S. Government agencies. Also included, would be any other day, specifically declared by the President of the United States of America to be a National Holiday.

ADDITIONAL REGULATIONS

The Contractor shall comply with all Federal, State, City, and County laws, ordinances and regulations including, but not limited to OSHA standards, applicable to the work being performed, and MCAS Miramar's Pest Management Plan.

WORK SCHEDULING AND MAINTENANCE DURING CEMETERY FUNCTIONS

Contractor personnel shall not operate motorized equipment or conduct other commercial activities during interment services. The Contractor is solely responsible for ensuring that no CONTRACT work causes any funeral, ceremony, procession or visitation to be delayed, altered, or otherwise impacted in such a way that the dignity or security of the event is compromised. The Contractor is solely responsible for staying abreast of all such upcoming events and when in doubt, he/she must ask the

COR.

SCHEDULE FOR DELIVERABLES

If for any reason any deliverable cannot be delivered within the scheduled time frame the contractor is required to explain why in writing to the contracting officer, including a firm commitment of when the work shall be completed. This notice to the contracting officer shall cite the reasons for the delay, and the impact on the overall project. The contracting officer will then review the facts and issue a response in accordance with applicable regulations.

LICENSES/PERMITS/INSURANCE

Contractors shall provide the COR with proof of insurance, all licenses and permits required to perform the services in this CONTRACT within 10 days from date of award of a contract.

CHANGES TO THE STATEMENT OF WORK

Any changes to this Statement of Work shall be authorized and approved only through written correspondence from the Contracting Officer. The Contractor shall contact the Contracting Officer on all matters pertaining to administration. Only the Contracting Officer is authorized to make commitments or issue changes, which will affect the price, quantity or delivery terms of this contract.

A copy of each change will be kept in a project folder along with other products of the project. Costs incurred by the contractor through the actions of parties other than the contracting officer shall be borne by the contractor.

REPORTING REQUIREMENTS

The contractor is required to provide the Contracting Officer’s Representative (COR) with quarterly written progress reports. These are due to the COR by the close of business on the final business day of the month demarcating the end of the quarter. The progressive report shall cover all work completed during the preceding quarter and shall present the work to be accomplished during the subsequent quarter. This report shall also identify any problems that arose and a statement explaining how the problem was resolved. This report shall also identify any problems that have arisen but have not been completely resolved with an explanation.

PERFORMANCE EVALUATION MEETING

As will be discussed during the Post Award Orientation meeting, the issuance of a Contract Discrepancy Report (CDR) may be cause for the scheduling of a meeting among the Contractor, Contracting Officer, and the Contracting Officer Representative. A mutual effort will be made to resolve all problems identified. The Government will prepare written minutes of the meeting. Minutes of the meeting (s) will be signed by the Contractor, Contracting Officer, and the Contracting Officer Representative.

Should the Contractor not concur with the minutes, he/she shall state in writing to the Contracting Officer within ten calendar days any areas he does not concur and explain the reasons for non-concurrence. The Contracting Officer will review and consider the reasons submitted for the Contractor's non-concurrence and make a decision. The Contractor shall be notified of the decision in writing within ten calendar days by the Contracting Officer.

Normally, the COR will verbally advise or give a written inspection report to the Contractor of discrepancies the first time they occur and ask the Contractor to correct the problem. A notation will be made on the COR checklist of the date and the time the deficiency was discovered and the date and time the Contractor was notified.

If the Government created any of the discrepancies, these will not be counted against the Contractor's performance. When the Government has caused the Contractor to perform in an unsatisfactory manner, a letter must be written to the responsible organizational element requesting corrective action is taken.

When the Contractor is not meeting the limits of satisfactory performance, a CDR will be issued to the Contractor. The seriousness of the failures should govern whether to issue CDR at the end of the period, or as soon as the limits of satisfactory performance are exceeded.

When a CDR is issued for a service, the Contracting Officer must deduct from the periodic payment, a percentage of that payment as indicated in the Performance of Work Requirements Summary as attached hereto.

If the Contractor does not achieve satisfactory performance by the end of the next period or agreed suspense date, another CDR will be issued and the appropriate amount deducted from the periodic payment.

A third CDR will be the cause for a Cure Notice. However, the Contracting Officer may issue a Cure Notice at any time he/she deems appropriate.

Depending on the overall performance of the Contractor, an unsatisfactory reply to the Cure Notice should require a Show Cause letter to be issued, followed by consideration of termination of the contract.

SURVEILLANCE OF THE CONTRACTING OFFICER'S REPRESENTATIVE

As will be discussed during the Post Award Orientation meeting, the Contracting Officer will periodically check the Contracting Officer’s Representative's records and/or accompany the Contracting Officer’s Representative during scheduled surveillance to ascertain that the Contracting Officer's surveillance plan is properly executed.

The Contracting Officer will verify that the Contracting Officer Representative is accomplishing the inspection in accordance with the surveillance plan. Observation of one or two checks will be sufficient to verify the Contracting Officer Representative's procedures.

-END OF STATEMENT OF WORK-

B.4 PRICE/COST SCHEDULE

ITEM INFORMATION

ITEM

NUMBER

DESCRIPTION OF

SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0011 1.00 QTR __________________ __________________

1st Quarter - Project Management and Quarterly Weed Control for approximately 15.5 Acres of area within and surrounding vernal pool habitat.

Period of Performance: 10-01-2021 - 12-31-2021 PRINCIPAL NAICS CODE: 561730 - Landscaping Services PRODUCT/SERVICE CODE: F008 - Natural Resources/Conservation - Recreation Site Maintenance (Non- Construction)

0012 1.00 QTR __________________ __________________

1st Quarter - Quarterly Trash/Debris Removal (as needed) for approximately 75.5 acres of area within and surrounding vernal pool habitat and watershed restoration areas.

Period of Performance: 10-01-2021 - 12-31-2021 PRINCIPAL NAICS CODE: 561730 - Landscaping Services PRODUCT/SERVICE CODE: F008 - Natural Resources/Conservation - Recreation Site Maintenance (Non- Construction)

0013 1.00 QTR __________________ __________________

1st Quarter - Quarterly Maintenance and Fence Repair for approximately 14,000 linear feet of fence surrounding vernal pool habitat.

Period of Performance: 10-01-2021 - 12-31-2021

PRINCIPAL NAICS CODE: 561730 - Landscaping Services PRODUCT/SERVICE CODE: F008 - Natural Resources/Conservation - Recreation Site Maintenance (Non- Construction)

0021 1.00 QTR __________________ __________________

Option Quarter - 2nd Quarter - Project Management and Quarterly Weed Control for approximately 15.5 Acres of area within and surrounding vernal pool habitat.

Period of Performance: 01-01-2022 - 03-31-2022 PRINCIPAL NAICS CODE: 561730 - Landscaping Services PRODUCT/SERVICE CODE: F008 - Natural Resources/Conservation - Recreation Site Maintenance (Non- Construction)

0022 1.00 QTR __________________ __________________

Option Quarter - 2nd Quarter - Quarterly Trash/Debris Removal (as needed) for approximately 75.5 acres of area within and surrounding vernal pool habitat and watershed restoration areas.

Period of Performance: 01-01-2022 - 03-31-2022 PRINCIPAL NAICS CODE: 561730 - Landscaping Services PRODUCT/SERVICE CODE: F008 - Natural Resources/Conservation - Recreation Site Maintenance (Non- Construction)

0023 1.00 QTR __________________ __________________

Option Quarter - 2nd Quarter - Quarterly Maintenance and Fence Repair for approximately 14,000 linear feet of fence surrounding vernal pool habitat.

Period of Performance: 01-01-2022 - 03-31-2022

PRINCIPAL NAICS CODE: 561730 - Landscaping Services PRODUCT/SERVICE CODE: F008 - Natural Resources/Conservation - Recreation Site Maintenance (Non- Construction)

0031 1.00 QTR __________________ __________________

Option Quarter - 3rd Quarter - Project Management and Quarterly Weed Control for approximately 15.5 Acres of area within and surrounding vernal pool habitat.

Period of Performance: 04-01-2022 - 06-30-2022 PRINCIPAL NAICS CODE: 561730 - Landscaping Services PRODUCT/SERVICE CODE: F008 - Natural Resources/Conservation - Recreation Site Maintenance (Non- Construction)

0032 1.00 QTR __________________ __________________

Option Quarter - 3rd Quarter - Quarterly Trash/Debris Removal (as needed) for approximately 75.5 acres of area within and surrounding vernal pool habitat and watershed restoration areas.

Period of Performance: 04-01-2022 - 06-30-2022 PRINCIPAL NAICS CODE: 561730 - Landscaping Services PRODUCT/SERVICE CODE: F008 - Natural Resources/Conservation - Recreation Site Maintenance (Non- Construction)

0033 1.00 QTR __________________ __________________

Option Quarter - 3rd Quarter - Quarterly Maintenance and Fence Repair for approximately 14,000 linear feet of fence surrounding vernal pool habitat.

Period of Performance: 04-01-2022 - 06-30-2022 PRINCIPAL NAICS CODE: 561730 - Landscaping Services PRODUCT/SERVICE CODE: F008 - Natural Resources/Conservation - Recreation Site Maintenance (Non- Construction)

0041 1.00 QTR __________________ __________________

Option Quarter - 4th Quarter - Project Management and Quarterly Weed Control for approximately 15.5 Acres of area within and surrounding vernal pool habitat.

Period of Performance: 07-01-2022 - 09-30-2022 PRINCIPAL NAICS CODE: 561730 - Landscaping Services PRODUCT/SERVICE CODE: F008 - Natural Resources/Conservation - Recreation Site Maintenance (Non- Construction)

0042 1.00 QTR __________________ __________________

Option Quarter - 4th Quarter - Quarterly Trash/Debris Removal (as needed) for approximately 75.5 acres of area within and surrounding vernal pool habitat and watershed restoration areas.

Period of Performance: 07-01-2022 - 09-30-2022 PRINCIPAL NAICS CODE: 561730 - Landscaping Services PRODUCT/SERVICE CODE: F008 - Natural Resources/Conservation - Recreation Site Maintenance (Non- Construction)

0043 1.00 QTR __________________ __________________

Option Quarter - 4th Quarter - Quarterly Maintenance and Fence Repair for approximately 14,000 linear feet of fence surrounding vernal pool habitat.

Period of Performance: 07-01-2022 - 09-30-2022 PRINCIPAL NAICS CODE: 561730 - Landscaping Services PRODUCT/SERVICE CODE: F008 - Natural Resources/Conservation - Recreation Site Maintenance (Non- Construction)

1001 4.00 QTR __________________ __________________

Option Year 1 - Project Management and Quarterly Weed Control for approximately 15.5 Acres of area within and surrounding vernal pool habitat.

Period of Performance: 4 Quarters - start date TBD PRINCIPAL NAICS CODE: 561730 - Landscaping Services PRODUCT/SERVICE CODE: F008 - Natural Resources/Conservation - Recreation Site Maintenance (Non-

1002 4.00 QTR __________________ __________________

Option Year 1 - Quarterly Trash/Debris Removal (as needed) for approximately 75.5 acres of area within and surrounding vernal pool habitat and watershed restoration areas.

Period of Performance: 4 Quarters - start date TBD PRINCIPAL NAICS CODE: 561730 - Landscaping Services PRODUCT/SERVICE CODE: F008 - Natural Resources/Conservation - Recreation Site Maintenance (Non- Construction)

1003 4.00 QTR __________________ __________________

Option Year 1 - Quarterly Maintenance and Fence Repair for approximately 14,000 linear feet of fence surrounding vernal pool habitat.

Period of Performance: 4 Quarters - start date TBD PRINCIPAL NAICS CODE: 561730 - Landscaping Services PRODUCT/SERVICE CODE: F008 - Natural Resources/Conservation - Recreation Site Maintenance (Non- Construction)

2001 4.00 QTR __________________ __________________

Option Year 2 - Project Management and Quarterly Weed Control for approximately 15.5 Acres of area within and surrounding vernal pool habitat.

Period of Performance: 4 Quarters - start date TBD PRINCIPAL NAICS CODE: 561730 - Landscaping Services PRODUCT/SERVICE CODE: F008 - Natural Resources/Conservation - Recreation Site Maintenance (Non- Construction)

2002 4.00 QTR __________________ __________________

Option Year 2 - Quarterly Trash/Debris Removal (as needed) for approximately 75.5 acres of area within and surrounding vernal pool habitat and watershed restoration areas.

Period of Performance: 4 Quarters - start date TBD PRINCIPAL NAICS CODE: 561730 - Landscaping Services PRODUCT/SERVICE CODE: F008 - Natural Resources/Conservation - Recreation Site Maintenance (Non- Construction)

2003 4.00 QTR __________________ __________________

Option Year 2 - Quarterly Maintenance and Fence Repair for approximately 14,000 linear feet of fence surrounding vernal pool habitat.

Period of Performance: 4 Quarters - start date TBD PRINCIPAL NAICS CODE: 561730 - Landscaping Services PRODUCT/SERVICE CODE: F008 - Natural

Resources/Conservation - Recreation Site Maintenance (Non- Construction)

3001 4.00 QTR __________________ __________________

Option Year 3 - Project Management and Quarterly Weed Control for approximately 15.5 Acres of area within and surrounding vernal pool habitat.

Period of Performance: 4 Quarters - start date TBD PRINCIPAL NAICS CODE: 561730 - Landscaping Services PRODUCT/SERVICE CODE: F008 - Natural Resources/Conservation - Recreation Site Maintenance (Non- Construction)

3002 4.00 QTR __________________ __________________

Option Year 3 - Quarterly Trash/Debris Removal (as needed) for approximately 75.5 acres of area within and surrounding vernal pool habitat and watershed restoration areas.

Period of Performance: 4 Quarters - start date TBD PRINCIPAL NAICS CODE: 561730 - Landscaping Services PRODUCT/SERVICE CODE: F008 - Natural Resources/Conservation - Recreation Site Maintenance (Non- Construction)

3003 4.00 QTR __________________ __________________

Option Year 3 - Quarterly Maintenance and Fence Repair for approximately 14,000 linear feet of fence surrounding vernal pool habitat.

Period of Performance: 4 Quarters - start date TBD PRINCIPAL NAICS CODE: 561730 - Landscaping Services PRODUCT/SERVICE CODE: F008 - Natural Resources/Conservation - Recreation Site Maintenance (Non- Construction)

4001 4.00 QTR __________________ __________________

Option Year 4 - Project Management and Quarterly Weed Control for approximately 15.5 Acres of area within and surrounding vernal pool habitat.

Period of Performance: 4 Quarters - start date TBD PRINCIPAL NAICS CODE: 561730 - Landscaping Services PRODUCT/SERVICE CODE: F008 - Natural Resources/Conservation - Recreation Site Maintenance (Non- Construction)

4002 4.00 QTR __________________ __________________

Option Year 4 - Quarterly Trash/Debris Removal (as needed) for approximately 75.5 acres of area within and surrounding vernal pool habitat and watershed restoration areas.

Period of Performance: 4 Quarters - start date TBD PRINCIPAL NAICS CODE: 561730 - Landscaping Services PRODUCT/SERVICE CODE: F008 - Natural Resources/Conservation - Recreation Site Maintenance (Non- Construction)

4003 4.00 QTR __________________ __________________

Option Year 4 - Quarterly Maintenance and Fence Repair for approximately 14,000 linear feet of fence surrounding vernal pool habitat.

Period of Performance: 4 Quarters - start date TBD PRINCIPAL NAICS CODE: 561730 - Landscaping Services PRODUCT/SERVICE CODE: F008 - Natural Resources/Conservation - Recreation Site Maintenance (Non-

GRAND TOTAL __________________

SECTION C - CONTRACT CLAUSES

C.1 DIGNITY CLAUSE

Respect for Headstones and Markers in National Cemeteries

Handling of Markers and Headstones

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

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

b. No tools, equipment or other items will be placed or leaned on headstones or markers.

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

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

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

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

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

(End of Clause)

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

(OCT 2018)

(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.