G4_Cemetery_Maintenance_PWS_(12-6-16).docx

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Cemetery Operations and Maintenance, West Point NY 10996
Solicitation number
W911SD-17-T-0070
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Part 1

General Information

1. GENERAL: This is a non-personnel services contract to provide West Point Cemetery operations and maintenance. The Government shall not exercise any supervision or control over the contract service providers performing the services herein. Such contract service providers shall be accountable solely to the Contractor who, in turn, is responsible to the Government.

1.1 Description of Services/Introduction: The Contractor shall provide all personnel, equipment, supplies, facilities, transportation, tools, materials, supervision, and other items and non-personal services necessary to perform Cemetery operations and maintenance as defined in this Performance Work Statement. Government furnished equipment, property and services specified in the contract are intended solely as supplemental to Contractor’s equipment. The Contractor shall perform to the standards in this contract.

1.2 Background: West Point Cemetery is the country’s oldest Army post cemetery, established in 1816, with burials throughout dating back to 1782. It marks the final resting place for more than 9, 200 decedents, including those who fought in the Revolutionary War to the most recent activities of our military. WPC continues to offer a final resting place for Academy graduates, Cadets, staff and faculty, and their family members, burying approximately 150 veterans or their family members per year. In order to preserve this as a National Treasure, it is necessary to keep the West Point Cemetery grounds to the highest standard to Honor the Fallen.

1.3 Objective:

Maintain the grounds of the West Point Cemetery in accordance with Army Regulations and National Cemetery standards (see Section 6).

Prepare gravesites in a respectful manner in accordance with Army Regulations and National Cemetery standards (see Section 6).

Raise and realign headstones, as well as place new headstones properly. Clean and maintain headstones and monuments.

1.4 Scope: Services include operation and maintenance of the Cemetery grounds, to include turf management, preparation and closure of gravesites, and maintenance and cleaning of headstones/monuments. The Contractor shall accomplish these services in accordance with Army Regulations and National Cemetery standards.

1.5 Period of Performance: The period of performance shall be for one (1) Base Year of 12 months and four (4) 12-month option years. The Period of Performance reads as follows:

Base Year 30 September 2016 through 29 September 2017 Option Year I 30 September 2017 through 29 September 2018 Option Year II 30 September 2018 through 29 September 2019 Option Year III 30 September 2019 through 29 September 2020 Option Year IV 30 September 2020 through 29 September 2021

The Contractor shall be fully mobilized and onsite within seven (7) calendar days of contract award.

1.6 General Information

1.6.1 Quality Control (QC): The Contractor shall develop and maintain an effective quality control program to ensure services are performed in accordance with this PWS, Federal Acquisition Regulation (FAR) 46.105, and FAR 52.246-4. The Contractors shall develop and implement procedures to identify, prevent, and ensure non-recurrence of defective services, maintaining written documentation that the supplies or services conform to contract quality requirements and furnishing such evidence to the Government. Deficiencies must be captured and corrective action taken to restore deficiencies to acceptable standards. The Contractor’s quality control program (QCP) is the means by which he assures himself that his work complies with the requirement of the contract. The Contractor is responsible for performing or having performed all inspections necessary to substantiate that the supplies or services furnished under this contract conform to contract requirements. Contractor shall provide copies of daily/weekly quality control logs, inspections, findings and resolutions to COR at the end of each month. This clause takes precedence over all Government inspections except for any specialized inspections or tests specified to be performed solely by the Government.

The QCP will be delivered with the Contractor’s proposal and three copies of a comprehensive written QCP shall be submitted to the KO and COR within 5 working days when changes are made thereafter. Approval or disapproval of the QCP shall be provided to the Contractor within two (2) working days of contract award. After approval of the quality control plan, the Contractor shall receive the contracting officer’s approval, in writing, of any proposed changes to his QC system. Approval or disapproval shall be provided to the Contractor within three (3) working days of submission.

1.6.2 Quality Assurance: The Government will evaluate the Contractor’s performance under this contract in accordance with the Quality Assurance Surveillance Plan. This plan is primarily focused on what the Government will do to ensure that the Contractor has performed in accordance with the performance standards. It defines how the performance standards will be applied, the frequency of surveillance and the minimum acceptable defect rate(s).

1.6.3 Recognized Holidays:

New Year’s DayLabor Day
Martin Luther King Jr’s BirthdayColumbus Day
President’s DayVeteran’s Day
Memorial DayThanksgiving Day
Independence DayChristmas Day

1.6.4 Hours of Operation: The Contractor is responsible for conducting business between the hours of 8:00 am and 5:00 pm Monday thru Friday except Federal holidays or when the Government facility is closed due to local or national emergencies, administrative closings, or similar Government directed facility closings. The Contractor must, at all times, maintain an adequate workforce for the uninterrupted performance of all tasks defined within this PWS when the Government facility is not closed for the above reasons. When hiring personnel, the Contractor shall keep in mind that the stability and continuity of the workforce are essential.

1.6.5 Place of Performance: The work to be performed under this contract will be performed at the West Point Cemetery including building 329 (“Old Caretaker’s House”) and building 689 (Old Cadet Chapel).

1.6.6 Type of Contract: The Government will award a Firmed Fixed Price contract.

1.6.7 Security Requirements: Contractor personnel performing work under this contract must pass a background check, at Contractor expense, and must maintain the same level of security required for the life of the contract. The Contractor shall ensure all names and social security numbers or Alien Registration Numbers of Contractor personnel performing under this contract are provided to the Headquarters, US Army Garrison West Point, Directorate of Plans, Training, Mobilization and Security (DPTMS) within ten (10) days of contract award. DPTMS will perform a criminal record check on all proposed Contractor employees and provide an approval or disapproval to the Contractor within five (5) business days of submission.

After contract award, the Contractor shall provide the names and social security numbers or Alien Registration Numbers of new/replacement personnel to COR for approval prior to the proposed new/replacement hire performing on the contract. The Contractor shall ensure a criminal records check is completed on all proposed Contractor employees, and provide an approval or disapproval to the Contracting Officer within two (2) business days of approval or disapproval notification.

1.6.7.1 Physical Security: The Contractor shall be responsible for safeguarding all Government equipment, information and property provided for Contractor use. At the close of each work period, Government facilities, equipment, and materials shall be secured. The Contractor shall indoctrinate all employees in West Point security policies and procedures within 30 days after their assignment to perform work under this PWS.

The Government retains full and unfettered control over all security matters, including, without limitation, granting or denying employee identification badges and vehicle registration decals and passes. The Contractor personnel shall obtain the prescribed employee identification badges and vehicle registration decals or passes required for entry to the installation. The Contractor shall keep records of and account for all employee identification badges and vehicle registration decals and passes issued to its employees and turn them in to the issue point prior to close of business their last working day. The Contractor shall confirm this has occurred with the COR.

1.6.7.1.1 Security Reviews

All information collected or otherwise handled by the Contractor, whether or not it is intended for dissemination outside West Point, is subject to classification review by the Government. This requirement specifically applies to all written documents, electronic and social media including Web sites, and audiovisual materials of any kind. Public release of records and personal information is required to be maintained in a system of records, IAW a published system of records notice, and shall comply with the Freedom of Information Act and Privacy Act. In addition, as discussed in the Organizational Conflict of Interest clause below, the Contractor employees shall not disclose any source selection or proprietary information to which they may obtain access while performing the contract.

1.6.7.1.2 Disclosure of Activities or Information

Neither the Contractor nor its employees shall disclose, or cause to be disclosed, any information, the release of which could result in, or increase the likelihood of, a breach of security, a procurement integrity violation, or adversely affect the continuity of West Point operations. The Contractor shall brief all its employees on the handling of proprietary technical data. The Contractor shall be liable and responsible for all unauthorized disclosures of, or loss of control over, classified and protected information, regardless of the resulting likelihood of compromise or the degree of harm to national security. The Contractor shall refer outside requests for information to the COR.

1.6.7.2 Key Control: The Contractor shall establish and implement methods of making sure all keys/key cards issued to the Contractor by the Government are not lost or misplaced and are not used by unauthorized persons. NOTE: All references are to keys and include key cards. No keys issued to the Contractor by the Government shall be duplicated by the Contractor. The Contractor shall develop procedures covering key control that shall be included in the Quality Control Plan. Such procedures shall include turn-in of any issued keys by personnel who no longer require access to locked areas. The Contractor shall immediately report any occurrences of lost or duplicate keys/key cards to the Contracting Officer.

1.6.7.2.1. In the event keys, other than master keys, are lost or duplicated, the Contractor shall, upon direction of the Contracting Officer, re-key or replace the affected lock or locks; however, the Government will, at its option, replace the affected lock or locks or perform re-keying. When the replacement of locks or re-keying is performed by the Government, the total cost of re-keying or the replacement of the lock or locks shall be the responsibility of the Contractor.

1.6.7.2.2. The Contractor shall prohibit the use of Government issued keys/key cards by any persons other than the Contractor’s employees. The Contractor shall prohibit the opening of locked areas by Contractor employees to permit entrance of persons other than Contractor employees engaged in the performance of assigned work in those areas, or personnel authorized entrance by the Contracting Officer.

1.6.7.3. Lock Combinations. The Contractor shall establish and implement methods of ensuring that all lock combinations are not revealed to unauthorized persons. The Contractor shall ensure that lock combinations are changed when personnel having access to the combinations no longer have a need to know such combinations. These procedures shall be included in the Contractor’s Quality Control Plan.

1.6.8 Special Qualifications: In order for Contractor personnel to operate on the Government LAN, Contractor personnel will need to maintain current Information Assurance training and sign an Acceptable Use Policy.

1.6.9 Post Award Conference/Periodic Progress Meetings: The Contractor agrees to attend any post award conference convened by the contracting activity or contract administration office in accordance with Federal Acquisition Regulation (FAR) Subpart 42.5. The Contracting Officer, Contracting Officer’s Representative (COR), and other Government personnel, as appropriate, will meet periodically with the Contractor to review the Contractor's performance. At these meetings the Contracting Officer will apprise the Contractor of how the Government views the Contractor's performance and the Contractor shall apprise the Government of problems, if any, being experienced. Appropriate action shall be taken to resolve outstanding issues. These meetings shall be at no additional cost to the Government.

1.6.10 Contracting Officer Representative (COR): The COR will be identified by a separate letter. The COR monitors all technical aspects of the contract and assists in contract administration. The COR is authorized to perform the following functions: assure that the Contractor performs the technical requirements of the contract; perform inspections necessary in connection with contract performance; maintain written and oral communications with the Contractor concerning technical aspects of the contract; issue written interpretations of technical requirements, including Government drawings, designs, specifications; monitor Contractor's performance and notifies both the Contracting Officer and Contractor of any deficiencies; coordinate availability of Government furnished property; and provide site entry of Contractor personnel. A letter of designation issued to the COR, a copy of which is sent to the Contractor, states the responsibilities and limitations of the COR, especially with regard to changes in cost or price, estimates or changes in delivery dates. The COR is not authorized to change any of the terms and conditions of the resulting order.

1.6.11 Key Personnel: The follow personnel are considered key personnel by the Government: Contract manager/Alternate contract manager. The Contractor shall provide a contract manager who shall be responsible for the performance of the work. The name of this person and an alternate who shall act for the Contractor when the manager is absent shall be designated in writing to the Contracting Officer. The contract manager or alternate shall have full authority to act for the Contractor on all contract matters relating to daily operation of this contract. The contract manager or alternate shall be available between 8:00 am-5:00 pm Monday thru Friday except Federal holidays or when the Government facility is closed for administrative reasons. The contract manager or alternate shall have a cellular phone and an email address to be reachable during available hours identified above. The Contract Manager or alternate shall be onsite anytime contract work is being performed. In the event, no contract work is being furnished, the Contract Manager or alternate shall be onsite and available to meet with the COR within 12 hours’ notice from the COR. Qualifications for Contract Manager and Alternate Contract Manager are listed below:

1.6.11.1 Shall have demonstrated experience as a direct supervisor for similar tasks as those described in this PWS;

1.6.11.2 Must have demonstrated experience with matters relating to safety for performing similar tasks as those described in this PWS;

1.6.11.3 Must have demonstrated experience performing quality control functions; and

1.6.11.4 Must be fluent in the English language (both written and verbal).

1.6.12 Identification of Contractor Employees: All contract personnel attending meetings, answering Government telephones, and working in other situations where their Contractor status is not obvious to third parties are required to identify themselves as such to avoid creating an impression in the minds of members of the public that they are Government officials. They must also ensure that all documents or reports produced by Contractors are suitably marked as Contractor products or that Contractor participation is appropriately disclosed. Contractor personnel must obtain and wear name badges identifying their name, position and Contractor’s name while performing this service.

1.6.13 Dress Code at the West Point Cemetery: Contractor staff members and all sub-Contractors shall wear an approved standardized uniform that is reasonably free of stains and dirt at all times, which are paid for and maintained by the Contractor. No shorts, tank tops, t-shirts with derogatory slogans or attire that is in poor taste will be allowed by Contractor personnel. Contractor shall submit to the COR types of uniforms that shall be worn by contract personal within 5 calendar days of contract award. Any changes to the uniform will be submitted to the COR at least 5 calendar days prior to change. Approval or disapproval of uniform submission shall be provided within two (2) working days of submission. All Contractor personnel shall conduct themselves as professionals exhibiting appropriate decorum, taking into consideration the grieving process when dealing with families/NOK and the respect the sanctity of the West Point Cemetery. The Contractor shall ensure all contract personnel comply with OSHA requirements such as, but not limited to, wearing appropriate PPE while performing tasks.

1.6.14 Data Rights: The Government has unlimited rights to all documents/material produced under this contract. All documents and materials, to include the source codes of any software, produced under this contract shall be Government owned and are the property of the Government with all rights and privileges of ownership/copyright belonging exclusively to the Government. These documents and materials may not be used or sold by the Contractor without written permission from the Contracting Officer. All materials supplied to the Government shall be the sole property of the Government and may not be used for any other purpose. This right does not abrogate any other Government rights.

1.6.15 Organizational Conflict of Interest: Contractor and subcontractor personnel performing work under this contract may receive, have access to or participate in the development of proprietary or source selection information (e.g., cost or pricing information, budget information or analyses, specifications or work statements, etc.) or perform evaluation services which may create a current or subsequent Organizational Conflict of Interests (OCI) as defined in FAR Subpart 9.5. The Contractor shall notify the Contracting Officer immediately whenever it becomes aware that such access or participation may result in any actual or potential OCI and shall promptly submit a plan to the Contracting Officer to avoid or mitigate any such OCI. The Contractor’s mitigation plan will be determined to be acceptable solely at the discretion of the Contracting Officer and in the event the Contracting Officer unilaterally determines that any such OCI cannot be satisfactorily avoided or mitigated, the Contracting Officer may affect other remedies as he or she deems necessary, including prohibiting the Contractor from participation in subsequent contracted requirements which may be affected by the OCI.

1.6.16 PHASE OUT PERIOD: To minimize any decreases in productivity and to prevent possible negative impacts on additional services, the Contractor shall have personnel on board, during the phase out periods.

1.6.16.1 PHASE OUT PLAN: The Contractor shall: Establish and maintain a complete Phase-Out Plan. In accordance with FAR Clause 52.237-3, “Continuity of Services,” phase out services of up to 90 days following contract expiration may be required. The Phase-Out Plan shall be submitted to the Contracting Officer within 30 days of notification from the Contracting Officer. Approval or disapproval of plan submission shall be provided within five (5) working days of submission.

The incumbent Contractor recognizes that the services provided by this contract are vital to the Government’s overall effort, that continuity thereof must be maintained at a consistently high level without interruption. Upon expiration of the contract, a successor, either the Government or another Contractor, may continue these services. The successor shall require assistance from the Contractor and the Contractor shall give his best efforts and cooperation in order to effect an orderly and efficient transition to a successor. The Phase-Out Plan shall include provisions for incumbent Contractor actions to assist and coordinate with the Government and the successor Contractor in the changeover of all functions on the contract performance start date. The plan shall be coordinated with all affected activities and managed to minimize any adverse impact on the West Point Cemetery mission. The incumbent Contractor shall provide sufficient numbers of personnel to conduct a joint inventory of all Government furnished equipment (GFE), Government provided facilities, publications, accounts, records, etc., with the successor Contractor and Government representatives to ensure inventories/accounts are accurate and complete. The incumbent Contractor shall ensure shortages, equipment/tool condition issues, and other contract requirement issues are rectified prior to relinquishing GFE accounts to the Government.

PART 2

DEFINITIONS & ACRONYMS

2. DEFINITIONS AND ACRONYMS:

2.1. DEFINITIONS:

Abandoned Property. Abandoned property is lost, abandoned, or unclaimed personal property defined as any privately-owned personal property which has come into the custody or control of any Military Department and which is unclaimed by the owner (see DoD 4160.21-M).

Accountability. Accountability is the obligation to keep accurate and complete records of property, documents or funds.

Accurate. Factual and correctly tabulated data.

Active duty. Full-time duty in the active military service of the United States. This includes duty on the active list; full-time training; annual training duty; attendance (while in active military service) at a school designated as a Service school by law or by the Secretary of the military department concerned; and service as a cadet at the United States Military, Air Force or Coast Guard Academy, or as a midshipman at the United States Naval Academy.

Acts of God. Include natural disasters such as hurricanes, floods, severe tropical disturbances with winds exceeding 50 mph over a period of four (4) hours; tornadoes; blizzards; earthquakes whose epicenters are located within 50 miles of the work site listed herein and measure over 4.0 on the Richter scale, or which register greater than 5.0 on the Richter scale regardless of distance of the epicenter from any supported activity.

Armed Forces. The Army, Navy, Air Force, Marine Corps, Coast Guard, and their Reserve Components. Reserve Components of the Armed Forces are: Army National Guard of the United States, Army Reserve, Naval Reserve, Marine Corps Reserve, Air National Guard of the United States, Air Force Reserve, and Coast Guard Reserve.

Army Property. All property under Department of the Army (DA) control, except property accounted for as owned by a non-appropriated fund (NAF) activity. “Government Property” and “Army Property” are used synonymously with “Property”.

Authentication. To determine as real and true or as genuine; i.e., services were ordered and performed or certified true copy.

Calendar Year (CY). A period beginning January 1 and ending December 31 of the same year.

Cemetery Director. An employee of the U.S. Government in charge of directing the operations and maintenance of the WPC. This individual does NOT have authority to provide technical direction to the Contractor. This individual does NOT have authority to change the terms and conditions of the contract.

Clean. Free from dirt, contamination, or impurities; unsoiled, unstained, free of trash and debris.

Close relatives. Includes the spouse, parents, adult brothers and sisters, and the adult natural, step or adopted children of a decedent. So far as request for disinterment are concerned, the term also refers to the person who directed the original interment, if living.

Closed post cemetery. A post cemetery on an inactive installation in which all gravesites within the original boundaries have been used or reserved; a post cemetery on an active installation in which all gravesites within the original boundaries have been used or reserved; a post cemetery on an active installation on which additional burials are authorized in reserved gravesites only.

Command Responsibility. The obligation of a commander to insure proper care, custody, and safekeeping of all Government property within the command (AR 735-5).

Completion of Work. Thorough and finished work that shall be considered completed wherein all the required actions and data have been received and approved by the Government.

Compliance. Action in accordance with all State, Federal, and local standards and regulations. It also means actions in accordance with a schedule or plan ordered or approved by a court of competent jurisdiction, the State of New York or the Environmental Protection Agency as dictated by the Clean Air Act, Clean Water Act, or FIFRA and regulations issued pursuant thereto.

Contract Discrepancy Report (CDR). A report used to document unsatisfactory Contractor performance. The CDR requires the Contractor to explain, in writing, why performance is unsatisfactory; how performance shall be returned to satisfactory levels; and how recurrence of the problem shall be prevented in the future.

Contractor Administrator. The official Government representative delegated authority by the contracting officer to administer a contract. This individual, normally working in an appropriate contracting or procurement career field advises on all technical contractual matters.

Contracting Officer (KO). A person with the authority to enter into, administer, modify 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. Note: The only individual who can legally bind the Government.

Contracting Officer’s Representative (COR). An employee of the U.S. Government appointed by the contracting officer to administer the contract. Such appointment shall be in writing and shall state the scope of authority and limitations. This individual has authority to provide technical direction to the Contractor as long as that direction is within the scope of the contract, does not constitute a change, and has no funding implications. This individual does NOT have authority to change the terms and conditions of the contract.

Contractor A supplier or vendor awarded a contract to provide specific supplies or service to the Government. The term used in this contract refers to the prime.

Corrective Action. Consists of those efforts required to correct reported deficiencies and determine that other services are not similarly defective.

Customer Complaint Record. Unscheduled surveillance of Contractor’s work prompted by people receiving the service. The COR may receive customer complaints about the Contractor’s performance or quality of service. The COR may review the unsatisfactory performance, verify the Contract requirement and provide the Contractor notification of deficiencies.

Damage. A condition impairing either value or use of an article that may occur in varying degrees. Property may be damaged in appearance or in expected useful life without rendering unserviceable or less useful. Damage also shows partial unserviceability. Usually implies that damage is the result of some act or omission. (AR 735-5)

Defective Service. A service output that does not meet the standard of performance associated with the Performance Work Statement.

Deficiency. A shortcoming in the quality or state of service performed.

Deliverable. Anything that can be physically delivered, but may include non-manufactured things such as meeting minutes or reports.

Discrepancy. Disagreement between the quantities or condition of property on hand and that required to be on hand, as shown by an accountability record of the property. It is usually a disagreement between quantities or condition of property actually received in a shipment and that recorded on the shipping document. This type of discrepancy generally is referred to as a “discrepancy incident to shipment.” (AR 735-5)

Distribution. Provided to the specified addressees.

Destroy. (In terms of headstones). Headstones will not be removed from the premises of the Cemetery. Headstones will be broken in to smaller pieces and buried in the bottom of graves in the Cemetery.

Federal Acquisition Regulation (FAR). A Federal regulation establishing uniform policies for acquisition by all executive agencies.

Federal Holidays: Recognized legal federal holidays, see paragraph title “Federal Holidays” under section 1.6.3.

Files/Records/Documents. All books, papers, maps, photographs, notebooks, computer tapes, magnetic tapes, punched cards, floppy disks, holograms, computer output, microfilm, microfiche, film slide, vu-graph transparencies, or other documentary materials, regardless of physical form or characteristic, created or received by the Contractor in connection with the transaction of public business.

Fiscal Year (FY). The Government fiscal year (FY) begins every October 1st and ends the following September 30th. The fiscal year is designated by the calendar year in which it ends. For example, Fiscal Year 2009, abbreviated FY 09, begins 1 October 2008 and ends 30 September 2009.

Frequency. The number of times service or work is provided in a given period of time.

Government. As used herein, any person or organization representing the Department of Defense to include all Federal agencies who receive service under this contract, or directs or reviews the Contractor’s work during performance of the requirements of this contract.

Government-Furnished Equipment (GFE). Government-owned equipment furnished to a Contractor for the performance of a contract.

Government-Furnished Property (GFP). Government-owned property furnished to a Contractor to perform the requirements of the contract. It is defined as (1) facilities, (2) material, (3) special tooling, (4) equipment, and (5) military property. The GFP will be offered, and, if accepted by the Contractor, will be provided in a condition suitable for its intended purpose. GFP includes Government-Furnished Material (GFM) and Government-Furnished Equipment (GFE). (AR 735-5).

Inspection. The examination/testing of supplies and services to determine whether they conform to technical requirements/standards.

Installation. Land and improvements permanently affixed thereto that are under the control of the Department of the Army and used by Army organizations. Where installations are located contiguously, the combined property is designated as one installation and the separate functions as activities of that installation. In addition to those used primarily by troops, the term “installation” applies to such real properties as depots, arsenals, ammunition plants (both Contractor and Government operated), hospitals, terminals, and other special mission installations.

Key Personnel. Contractor personnel, who are evaluated in a source selection process and, who may be required to be used in the performance of a contract by the Key Personnel listed in the PWS. When key personnel are used as an evaluation factor in best value procurement, an offer can be rejected if it does not have a firm commitment from the persons who are listed in the proposal.

Loss. Loss of, damage to, or destruction of property of the U.S. Government under control of the Army. Property is considered lost when it cannot be accounted for by the person responsible for it.

Loss or Damage Claims. A written document submitted by persons or agencies in an attempt to recover dollars for losses and/or damages.

Lot Size. The number of service outputs in a given lot.

Minor children. A natural, step, or adopted son or daughter of an eligible Service-connected parent, if the minor child is unmarried and is less than 21 or the minor child is unmarried and is pursuing a course of education at an approved institution and has not attained the age of 23.

Monument. A type of structure either explicitly created to commemorate a person or important event or which has become import to a social group.

Negligence. Act or omission that a reasonable person would not commit under similar circumstances.

Obligation. The dollar amount specifically reserved against an appropriation or fund for expenditure in payment of an order placed, contract awarded or service rendered.

Open post cemetery. A cemetery located on an active or inactive installation that has available (non-reserved) gravesites and inurnment niches in which the Army may authorize burials or inurnments.

Performance Evaluation Meetings. The contract manager may be required to meet with the KO/COR to discuss Contractor performance under the contract. If requested by the Contractor, a meeting will be held whenever a Contract Discrepancy Report is issued. The written minutes of these meeting shall be signed by the Contractor’s project manager, the Contracting Officer, and the COR. Should the Contractor not concur with the minutes, the Contractor shall state any areas of non-concurrence in writing to the Contracting Officer within 10 calendar days of receipt of the signed document.

Performance Requirements Summary (PRS). Summary of performance requirements and inspection methods that define acceptable level of performances.

Physical Security. Actions that prevent the loss or damage of Government property.

Planned Sampling. A method of looking at a subjectively determined collection of attributes or items in a lot to form general conclusions about the quality of that lot against a standard.

Post cemetery. A military cemetery (as distinguished from a national or private cemetery) under jurisdiction of the Army. It may be located on an active, inactive, or former Army installation.

Private cemetery on an Army installation. A civilian cemetery that is located on land that has been acquired by the Army. The cemetery may be Government owned or non-Government-owned or any cemetery or burial plot on the installation that, regardless of present ownership, was initially owned by a person or agency other than the United States.

Procurement. Purchasing, renting, leasing, or otherwise obtaining supplies or services.

Property. The terms “Government property.” “Army property.” And “property” include all property under the control of the Department of the Army, except property accounted for and owned by a non-appropriated fund activity.

Quality. The composite of all attributes or characteristics, including performance of an item or product.

Quality Assurance. The Government procedures to verify that services being performed by the Contractor are performed according to acceptable standards.

Quality Assurance Surveillance Plan (QASP). An organized written document specifying the surveillance methodology to be used for surveillance of Contractor performance.

Quality Control. All necessary measures taken by the Contractor to assure that the quality of an end product or service shall meet contract requirements.

Random Sample. A sampling method whereby each service output in a lot has an equal chance of being selected.

Repair. To restore to original condition through correction.

Retired member. Any retired member of the Armed Forces of the United States. A member who has performed active military service, is carried on an official service retired list, and receives retired pay for his or her service in the Armed Forces.

Sample. A sample consists of one or more drawn from a lot, the outputs being chosen at random. The number of outputs in the sample is the sample size.

Shall. The word “shall” is used in connection with the Contractor and specifies that the provisions are binding.

Statement of Work (SOW). A document that describes accurately the essential and technical requirements for providing items, materiel, or services, including the standards used to determine whether the requirements have been met (Part 5 of this contract).

Subcontractor. One that enters into a contract with a prime Contractor. The Government does not have privy of contract with the subcontractor.

Timely. Provided within the specified time frames.

Unmarried adult dependent child. A natural, step, or adopted son or daughter of an eligible service-connected parent who is unmarried, permanently incapable of self-support because of physical or mental disability incurred before age 21, and up to time of death still dependent for support because of physical or mental condition.

Vendor’s Invoice. A billing for supplies or equipment delivered, or services performed, in behalf of the purchaser.

Will. The word “will” is used to express a declaration of purpose on the part of the Government.

Willful Misconduct. Any intentionally wrongful or unlawful act dealing with property concerned.

Work Day. The number of hours per day the Contractor provides services in accordance with the contract.

Work Week. Monday through Friday, unless specified otherwise.

2.2. ACRONYMS:

Acronym or Abbreviation
Description
ACOR
Alternate Contracting Officer’s Representative
AFARS
Army Federal Acquisition Regulation Supplement
ALP
Acceptable Level of Performance
APD
Army Publishing Directorate
AQL
Acceptable Quality Level
AR
Army regulation
CCE
Contracting Center of Excellence

CD

CDL

Cemetery Director Commercial Drivers License

CDR
Contract Discrepancy Report
CFR
Code of Federal Regulations

CG

CMR

Commanding General Contractor Management Reporting

CONUS
Continental United States (excludes Alaska and Hawaii)
COR
Contracting Officer’s Representative
COTR
Contracting Officer's Technical Representative
COTS
Commercial-Off-the-Shelf
CY
Calendar Year
DA
Department of the Army
DA Pam
Department of the Army Pamphlet
DD250
Department of Defense Form 250 (Receiving Report)
DD254
Department of Defense Contract Security Requirement List
DFARS
Defense Federal Acquisition Regulation Supplement
DFAS
Defense Finance and Accounting Service
DIS
Defense Investigative Service
DMDC
Defense Manpower Data Center
DoD
Department of Defense
DoDD
Department of Defense Directive
DODI
Department of Defense Instruction

DOD-R

DPW

Department of Defense Regulation Directorate of Public Works

EF
Electronic Form
EPA
Environmental Protection Agency
FAR
Federal Acquisition Regulation
FR
Federal Register
FWT
Fair Wear and Tear
FY
Fiscal Year
GFE
Government Furnished Equipment
GFF
Government Furnished Facilities
GFM
Government Furnished Material
GFP
Government Furnished Property
HIPAA
Health Insurance Portability and Accountability Act of 1996
HRC
U.S. Army Human Resources Command
HQ
Headquarters
HVAC
Heating, Ventilation and Air Conditioning
IAW
In Accordance With
IMA
Installation Management Agency
KO
Contracting Officer
LAN
Local Area Network
MACOM
Major Command

NCA

National Cemetery Administration

NLT

No Later Than

OCI

Organizational Conflict of Interest

OCONUS

Outside Continental United States (includes Alaska and Hawaii)

ODC

Other Direct Costs

OSHA
Occupational Safety and Health Act/Agency
OSHP
Occupational Safety Health Plan
PAM
Pamphlet
PAO
Public Affairs Office
POC
Point of Contact
PPE
Personal Protective Equipment
PWS
Performance Work Statement
QA
Quality Assurance
QAE
Quality Assurance Evaluator
QAP
Quality Assurance Program
QASP
Quality Assurance Surveillance Plan
QC
Quality Control
QCP
Quality Control Program
PIPO
Phase In/Phase Out
POC
Point of Contact
PRS
Performance Requirements Summary
PWS
Performance Work Statement
RDD
Required Delivery Date
RFI
Request for Information
ROD
Report of Discrepancy
ROS
Report of Survey
SDS
Safety Data Sheets
SF
Standard Form
SM
Service Member
SME
Subject Matter Expert
SOW
Statement of Work
TE
Technical Exhibit
USACE
U.S. Army Corps of Engineers
USMA
United States Military Academy
USEPA
United States Environmental Protection Agency
VA
Department of Veterans Affairs
WAWF
Wide Area Workflow

WAWF-RA

WPC

Wide Area Workflow-Receipt and Acceptance West Point Cemetery

PART 3

GOVERNMENT FURNISHED PROPERTY, EQUIPMENT, AND SERVICES

3. GOVERNMENT FURNISHED ITEMS AND SERVICES:

3.1 Services: The Government will provide (through separate Contractor) trash and recycle removal from the Cemetery.

3.2 Facilities: The Government will not provide office space. The Contractor shall be responsible for any automation support to include providing network capability for employees working at the West Point Cemetery.

3.2.1. Any space allocated to the Contractor requires a building lease executed by the New York District Army Corps of Engineers. Said lease will be “no-cost” (e.g. rent free), but the cost of processing the lease will be borne by the Contractor. Lease processing fees are estimated between $11,000 and $24,000 (one-time), depending on building usage (used solely by the Contractor, or shared with Government entities) and if an appraisal is required.

3.3 Utilities: The Government will provide water and maintain the water distribution system throughout the Cemetery. The Contractor shall instruct employees in utilities conservation practices. The Contractor shall be responsible for operating under conditions that preclude the waste of utilities, which include turning off the water faucets or valves after using the required amount to accomplish tasks specified in this PWS. The Government is responsible for water infrastructure and repair of any non-working water bibs. The contractor shall maintain faucets and handles of water bibs and repair any water distribution structures that are damaged or broken as a result of contractor error.

3.4 Equipment: All equipment will be furnished in as-is condition. The Contractor is responsible for all costs related to making the equipment available for use. The Government will offer the following equipment for Contractor use:

Name
Part/model number
Manufacturer
Qty
Date of purchase
Term of warranty period
Kubota Cab/Angle Blade
U55R3A, K7915-U55, and K7926-U55
Kubota
1
August 2012
Toolcat 5600 F-Series
M1001 (includes M1001-R02-C03, M1001-R03-C02, M1001-R06-C02, M1001-R08-C02, M1001-R12-C02, 6905156, 6707144, 6809442, 6812980, and 6666898)
Bobcat
1
August 2012
1 year following purchase date
Toro Heavy Duty Workman HDX
07370 (includes the following accessories: 07339, 07375, 07374, 117-4830, 07317, and casket transporter
Toro
1
August 2012
2 years following purchase date
Tamper
Wacker Model BS 50-2i Rammer powered by Wacker WM 80 Gasoline engine Fuel Capacity 3.2 QT Oil-injected
Wacker
1
July 2012

Canopy 12’ x 16’ with frame

American Cemetery Supplies
1
June 2012

Canopy 16’ x 20’ with frame

American Cemetery Supplies
1
June 2012

The Contractor shall be responsible for maintenance and services of equipment furnished to the Contractor after initial warranty and service contract expires. The Contractor shall use GFE under this contract, only for performing this contract. Within 15 days of contract award, the Contractor shall provide an equipment management plan for all GFE that the Contractor intends on using for COR approval. This plan shall include: a list of GFE intended for use; methods, practices, and procedures for accounting for equipment; and methods, practices, and procedures for maintenance of equipment. For any subsequent changes, the Contractor shall submit an updated Equipment Plan for COR approval within five (5) working days of the revision being deemed necessary. Approval or disapproval for this plan shall be provided within five (5) working days of submission. Upon expiration of existing GFE, no additional GFE will be provided.

3.5 Materials

3.5.1 The Government will provide Government headstones, when requested, by the Next of Kin. The Contractor is responsible for receipt of headstone delivery, unpacking headstones, notifying COR, in writing, on the date of delivery for inspection, and placement of Government headstones on the appropriate grave in accordance with DA PAM 290-5 and any successor regulations.

3.5.2 Although not currently using grave liners the Government may begin to use these liners during the course of this contract. If so, these liners will be furnished by the Government. Section XI and future sections will have pre-placed crypts for casketed burials. Contractor shall ensure equipment weights are appropriate for the load bearing capability of the crypts and replace any crypts damaged due to the use of overweight equipment.

PART 4

CONTRACTOR FURNISHED ITEMS AND SERVICES

4. CONTRACTOR FURNISHED ITEMS AND RESPONSIBILITIES:

4.1 General: The Contractor shall furnish all supplies, equipment, facilities and services required to perform work under this contract that are not listed under Section 3 of this PWS.

4.2. Materials: The Contractor shall furnish all necessary turf repair materials as well as fertilizer and lime. The Contractor shall supply all materials to accomplish the mission to include top-soil, seed, fertilizer, straw, sod, stone dust, de-icer, pesticides, etc.

4.3. Equipment. The Contractor shall provide all necessary equipment to perform services to include chairs, a lowering device with stand, grass cutting and clipping equipment, etc. The Contractor shall provide a list of equipment that is intended to be used under this contract with the offeror’s proposal submission. Approval or disapproval of this list shall be provided within two (2) working days of contract award. For any subsequent changes, the Contractor shall submit an updated list for COR approval within five (5) working days of the revision being deemed necessary. Approval or disapproval shall be provided within five (5) working days of submission.

PART 5

CEMETERY SERVICES

5. Specific Tasks:

5.1. Basic Services. The Contractor shall provide services for ground maintenance of the Cemetery to include turf renovation and grading, the preparation and closure of gravesites, headstone setting, headstone cleaning, raising and realignment or headstones, disinterments, and support to special ceremonies.

5.2. Task Heading:

CEMETERY SERVICES

Table of Contents

5
CEMETERY SERVICES
5.3
INTRODUCTION
5.4
SCOPE OF SERVICES
5.4.1
Work Area and System Description
5.4.2
Work Management and Control
5.5
SCHEDULED TASKS
5.5.1
Headstone Maintenance at the West Point Cemetery
5.5.2
West Point Cemetery Grounds Maintenance
5.6
UNSCHEDULED TASKS
5.6.1
Interment/Inurnment at the West Point Cemetery or Columbarium
5.6.2
Temporary Markers for Gravesite/Columbarium
5.6.3
Disinterments at the West Point Cemetery and Columbaria
5.6.4
Relocations and Reinternments
5.6.5
Cemetery Grounds Maintenance
5.6.6
Special Ceremonies

Functional Area CEMETERY SERVICES

5.3 INTRODUCTION

The Contractor shall provide services necessary to operate and maintain the West Point Cemetery located at the United State Military Academy at West Point in New York. The Contractor shall prepare for Special Ceremonies, perform funeral support (i.e. open gravesite/niches), perform grounds maintenance, perform turf maintenance, perform headstone placement/maintenance and perform other tasks in support of grounds maintenance.

5.4 SCOPE OF SERVICES

5.4.1 Work Area. The West Point Cemetery consists of approximately 14 acres of land and includes over 6,000 monuments and headstones across 11.379 acres of developed land; Building 689 (Old Cadet Chapel), Building 329 (“Old Caretakers House” which is now Offices, Visitor Center/Bereavement Room and Storage Area); Columbaria (the Old Cadet Chapel Columbarium is beneath Building 689, and the newly constructed Columbarium Wall that encircles Sections I thru VIII); 0.8106 acres of grounds outside of the brick wall in the back of the West Point Cemetery; and approximately 1 acre adjacent to Building 689 (including the driveway and roundabout). There are public restrooms at the entrance of the Cemetery and also in Bldg 329.

In October 2015, USMA awarded a contract for the design and build-out of Section XI, just west of the Old Cadet Chapel. These gravesites will consist of double-depth, pre-placed crypts as commonly used by the National Cemetery Administration of the U.S. Department of Veterans Affairs and in the National Cemeteries. In this regard, additional related services are required. Each set of pre-placed crypts will be separated by an ‘impact’ area of sand or pea gravel. New equipment may be required to perform this type of interment.

With the completion of the Columbarium Wall in November 2014, the West Point Cemetery has introduced the practice of using a “Committal Shelter” which is a location for the interment service with is away from the actual gravesite. Funeral services will conclude at this location and visitors are no longer taken “graveside” (exceptions may be approved, in advance, by the Cemetery Director). The Contractor is responsible for movement of casketed and inurned remains from the Committal Shelter location to the assigned gravesite/niche.

See attached map for a layout of post cemetery sections.

5.4.2 Work Management and Control.

5.4.2.1 Reporting Requirements. The Contractor shall prepare, submit, and maintain all records and reports as specified herein.

5.4.2.2 Publications and Forms. Specific publications and forms required for the accomplishment of work described in this Functional Area are listed in Part 6.

5.4.2.3 Cemetery Control. The Contractor shall keep the West Point Cemetery free of dead animals, debris, unsightly floral arrangements, and any unauthorized persons, who haven’t been cleared through appropriate Government channels, by contacting the appropriate agency (post Military Police) to have such removed.

5.4.2.4 Inspections.

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