(released)_AMD_0003_W9124N-18-Q-0017.pdf

W9124N18Q0017

MICC - PRESIDIO OF MONTEREY

ATTN: YU-MEI SINCLAIR

831-242-4978

SEASIDE CA 93955-

AMENDMENT OF SOLICITATION/MODIFICATION OF CONTRACT

Except as provided herein, all terms and conditions of the document referenced in Item 9A or 10A, as heretofore changed, remains unchanged and in full force and effect.

15A. NAME AND TITLE OF SIGNER (Type or print)

30-105-04EXCEPTION TO SF 30

APPROVED BY OIRM 11-84

STANDARD FORM 30 (Rev. 10-83) Prescribed by GSA

FAR (48 CFR) 53.243

A.The purpose of this Amendment 0003 is to accomplish the follow ing:

(1) Answ er questions from prospective offeror(s),

(2) Add FAR Clause 52.222-17, Nondisplacement of Qualified Workers by reference, and

(3) Incorporate the revised Performance Work Statement (PWS) in its entirety.

B. Solicitiation closing date is extended to Friday, 11 May 2018 at 12:00 PM PST.

C. A Signed copy of this amendment shall be in included in the proposal.

D. All other terms and conditions of the solicitation remain unchanged.

1. CONTRACT ID CODE PAGE OF PAGES

J 1 43

16A. NAME AND TITLE OF CONTRACTING OFFICER (Type or print)

16C. DATE SIGNED

BY 08-May-2018

16B. UNITED STATES OF AMERICA15C. DATE SIGNED15B. CONTRACTOR/OFFEROR

(Signature of Contracting Officer)(Signature of person authorized to sign)

8. NAME AND ADDRESS OF CONTRACTOR (No., Street, County, State and Zip Code) X W9124N18Q0017

X 9B. DATED (SEE ITEM 11)

24-Apr-2018

10B. DATED (SEE ITEM 13)

9A. AMENDMENT OF SOLICITATION NO.

11. THIS ITEM ONLY APPLIES TO AMENDMENTS OF SOLICITATIONS

X The above numbered solicitation is amended as set forth in Item 14. The hour and date specified for receipt of Offer X is extended, is not extended.

Offer must acknowledge receipt of this amendment prior to the hour and date specified in the solicitation or as amended by one of the following methods:

(a) By completing Items 8 and 15, and returning 1 copies of the amendment; (b) By acknowledging receipt of this amendment on each copy of the offer submitted;

or (c) By separate letter or telegram which includes a reference to the solicitation and amendment numbers. FAILURE OF YOUR ACKNOWLEDGMENT TO BE RECEIVED AT THE PLACE DESIGNATED FOR THE RECEIPT OF OFFERS PRIOR TO THE HOUR AND DATE SPECIFIED MAY RESULT IN

REJECTION OF YOUR OFFER. If by virtue of this amendment you desire to change an offer already submitted, such change may be made by telegram or letter, provided each telegram or letter makes reference to the solicitation and this amendment, and is received prior to the opening hour and date specified.

12. ACCOUNTING AND APPROPRIATION DATA (If required)

13. THIS ITEM APPLIES ONLY TO MODIFICATIONS OF CONTRACTS/ORDERS.

IT MODIFIES THE CONTRACT/ORDER NO. AS DESCRIBED IN ITEM 14.

A. THIS CHANGE ORDER IS ISSUED PURSUANT TO: (Specify authority) THE CHANGES SET FORTH IN ITEM 14 ARE MADE IN THE

CONTRACT ORDER NO. IN ITEM 10A.

B. THE ABOVE NUMBERED CONTRACT/ORDER IS MODIFIED TO REFLECT THE ADMINISTRATIVE CHANGES (such as changes in paying office, appropriation date, etc.) SET FORTH IN ITEM 14, PURSUANT TO THE AUTHORITY OF FAR 43.103(B).

C. THIS SUPPLEMENTAL AGREEMENT IS ENTERED INTO PURSUANT TO AUTHORITY OF:

D. OTHER (Specify type of modification and authority)

E. IMPORTANT: Contractor is not, is required to sign this document and return copies to the issuing office.

14. DESCRIPTION OF AMENDMENT/MODIFICATION (Organized by UCF section headings, including solicitation/contract subject matter where feasible.)

10A. MOD. OF CONTRACT/ORDER NO.

2. AMENDMENT/MODIFICATION NO. 5. PROJECT NO.(If applicable)

6. ISSUED BY

3. EFFECTIVE DATE

08-May-2018

CODE

MICC - PRESIDIO OF MONTEREY

BUILDING 4385 1ST FLOOR

400 GIGLING ROAD

SEASIDE CA 93955-6771

W9124N 7. ADMINISTERED BY (If other than item 6)

4. REQUISITION/PURCHASE REQ. NO.

CODE W9124N

FACILITY CODECODE

EMAIL:TEL:

SECTION SF 30 BLOCK 14 CONTINUATION PAGE

SUMMARY OF CHANGES

SECTION SF 30 - BLOCK 14 CONTINUATION PAGE

The following have been added by reference:

52.222-17 Nondisplacement of Qualified Workers MAY 2014

The following have been added by full text:

AMENDMENT 0003 Q & A

Q & A:

1. It appears as though there will be work required to bring the cemetery "Up to standard". That being said, it does not appear that this work has it's own line item number. How would the contracting team like bidders to approach and quote this work?

ANSWER: This should be covered under incidental, as the normal upkeep of the cemetery does require some effort, however in the main body of the cemetery there may be 10 to 15% additional labor exerted up front, as the Government will provide suitable cleanup of main and pet cemetery.

2. Is a pesticide license require and if so, what category?

ANSWER: Reference the paragraph 1.6.11.4 Certified Pesticide Application of the Performance Work Statement (PWS).

3. Is a C-27 license require from California State License Board?

ANSWER: Reference the paragraph 4.2.6 Contractor-Furnished Permits and paragraph 1.6.22 of the PWS - Permits, Taxes, Licenses, Ordinances, and Regulations of the PWS.

4. Irrigation: The Irrigation system appears to be in poor state of repair or nonexistent.

There are garden hoses attached to many of the hose bibs laying around not coiled, not placed out of site and a tripping hazard. All of the Valve Boxes are below grade, some have broken covers with pot hole tripping hazard. It appears that some of the drip main line are connected to hose bibs and are not connect to automated valves. I was not able to find irrigation controller during Site Visit.

A. Is there an irrigation plan? If so can you please forward?

B. Is there a main irrigation controller?

C. If so, do you know the location of the main irrigation controller?

D. Is the controller battery, solar or mechanical operated?

E. What will need to be done with existing poorly maintained or not installed correctly irrigation?

F. To what extent will the repair of irrigation system be required in the base contract?

G. Are the repairs, replacements and leveling of the Valve Boxes required in the base contract?

H. How much hand watering will be required and or necessary?

ANSWER:

A-D. The Government is working on to a construction project to repair the irrigation system. Upon completion of construction, the irrigation plan with instructions on operating the system will be provided to the contractor.

E. Construction of new irrigation system will address this matter. The contractor shall utilize the current system to the extent of present capability until the completion of construction.

F-G. No major repairs are anticipated under construction of new irrigation system in the base year of contract. With the existing irrigation system, minor repairs are anticipated. Minor repairs are the contractor’s responsibility. Reference the paragraph 5.1.6 of the revised PWS.

H. Hand watering is required whenever irrigation system is non-operational.

Reference the paragraph 5.1.5. of the revised PWS.

5. Clearing of Brush, Grubbing, Lawn Analysis and Surveying: Brush and overgrowth in all areas of the cemetery is extensive.

A. Will both side of the fence line will required to be de-brush? If so can you give clear distance realizing that some of which is overgrowth of flower beds?

B. The back or North end of the site behind the pet burial is completely bound up by overgrowth. To what extent will this area need to be de-brushed, cleared, and grubbed with overgrowth removed? What will determine old growth to save and new overgrowth to remove?

C. The front area flower beds have overgrowth, wild hedge and wild plants to the point that it is very unsightly. This is especially true of the center piece longstanding in need of attention rose garden area. Can most of this be remove or should it be removed?

D. The area where the signs are placed is not inside the property line and the there is extensive overgrowth in this area. Should the overgrowth be removed? Should this area be place back into order? Should this area be maintained?

E. The overgrowth is impairing the ability to locate land boundary lines. Will it be necessary to have the site surveyed to find the boundary on the North end and to find if the fence was set on line or just inside to allow for outside clearing and grubbing?

F. The lawn appears to not have been dethatched, aeriated, fertilized, aericaomic microbe application, ironite application and reseeded in a number of years. To what extend should this be initially address in the base contract? Should the soil samples be sent out to a lab for analysis? Should these initial items be a requirement in the base contract?

ANSWER:

A–C. Government will provide immediate cleanup service to lawn and ornamental grass areas of the main body & pet cemetery to include foreign brush, weeds and grubbing prior to contract starts. All other performance shall commence IAW paragraph 5.3.1. of the PWS.

D-E. Inside the perimeter only, as all others belong to Valero. Reference Technical Exhibit 6-Cemetery Map.

F. Reference paragraphs 1.4, 5.1, and 5.2.1.6 of the PWS.

5. Painting, Eyesore, Trip Hazard: There is a rusted valve sticking up in the middle of cemetery that needs to be protected from tripping, cleaned and repainted. The Iron Gate on the old mausoleum needs to be cleaned and repainted.

A. Will this protecting of rusty valve trip hazard, cleaning and repainting be required in base contract?

B. Block wall drain openings are blocked with debris. What extent will the clearing and cleanout be in initial base contract?

ANSWER: The work will be covered under Incidental Services. Reference the paragraph 5.3.4.1 of the PWS. COR will coordinate with the contractor on an as required basis.

7. Bender Edging Boards, Rock Rings & Redwood Flower Boxes: The bender edging boards in areas like the pet area is very old scattered and out of place. The redwood flower boxes the redwood is decaying. The rocks are scattered around beds.

A. How much of this repair work of bender boards and redwood flower boxes will be required in base contract?

B. Should rock rings be removed and replaced in orderly fashion?

ANSWER: The work will be covered under Incidental Services. Reference the paragraph 5.3.4.1 of the PWS. COR will coordinate with the contractor on an as required basis.

8. Potted Plants on Pillars: All of the plants are dead in the large pots on pillars and there is no drip irrigation attached. What and how are potted plants to be maintained?

ANSWER: Reference the paragraph 5.10. Weed Curbs, Walks, Steps, Roads, and Drainage Basins of the PWS.

9. Storage and staging: During Site Visit that it was stated that the existing storage bin in the front of property at the south end of turnaround not inside property would be removed.

A. Can contractor re-install a new storage bin where existing is to be removed?

B. Is it possible to contact Valero to see if they would allow a storage & staging area on the North end of the cemetery on Valero’s property?

C. Another option would be after clear overgrowth area to use the overgrowth area on the Northwest end of the property for storage and staging?

ANSWER: Reference the paragraph 3.2. Storage Shed: N/A. of the PWS. The Government doesn’t have any property available for the contractor to place a storage container on the Government property. The existing container from the previous contractor on Valero property for which the Government has no real property agreement. The contractor will bring in and haul out their equipment and any green waste with them each time they service the cemetery.

10. We see that clause 52.222-17 calling for the Nondisplacement of Qualified Workers has not been activated relating to this solicitation. Does that mean that this W9124N18Q0017 is a new requirement?

ANSWER: FAR Clause 52.222-17, Nondisplacement of Qualified Workers is added by reference.

11. If it is not a new requirement, is it possible for the contracting tem to share the name of incumbent vendor and the amount of the previous award. Related to the previous question. If there is an existing contract, has the scope of services to be provided changed in any substantial way?

ANSWER: Reference the paragraph 15 of Solicitation Information for Incumbent Contract Information including the name of incumbent vendor and the amount. The scope of services has not been changed substantially.

12. Perimeter cleaning - The bushes and trees around the cemetery perimeter are encroaching onto the property adjacent to the cemetery. Is this something the contracting team would like us to incorporate into the scope of work?

ANSWER: No. The contractor is only responsible for the work inside the perimeter.

13. Mulching is incorporated into the contract. We would like to ask if the contracting team would like to also incorporate the decorative rocks currently being utilized at the entrance of the property? The 3/8th ginger rocks that are there now appear to be getting "patchy". To bring the property up to standard, it would be our recommendation to add a second layer of the decorative rocks. Is this something that the contracting team would consider adding to the scope of work?

ANSWER: If decorative rocks are required, the work will be covered under Incidental Services. Reference the paragraph 5.3.4.1 of the PWS. COR will coordinate with the contractor on an as required basis.

14. Automatic irrigation system. The irrigation system on site appears to be non-functional. To that end we have to believe that the past vendor has been manually watering the property. This is certainly not a cost effective or best practice. Would the contracting team consider addressing the installation / repair of an automatic watering system in the existing solicitation?

ANSWER: The Government is working on to a construction project to repair the irrigation system. Hand watering is required whenever irrigation system is non-operational. Reference the paragraph 5.1.5. of the revised PWS.

15. $352,329.97 is referenced as the total past contract amount. Would the contracting team please indicate how many months that pricing covered?

ANSWER: This amount was for Base + 4 Option Years (5 years).

16. Item 5.12.2.4 from the formal solicitation covers the maintaining of memorials, headstones, and grave markers. Can the contracting team please direct vendor's to the appropriate section within DA PAM 290-5 and where we can go to review the document?

It's referenced as a standard throughout the solicitation and we've not been able to locate a publicly available copy of these regulations from a trusted source. We are familiar with the NCA Operational Standards and Measures and where there is a whole section dedicated to the maintenance of headstone, marker and niche coverings there, we would like to know if there are similar standards and practices applicable with this contract. As it relates to this item and others that could vary in price quite substantially based on the standards and methods of performing the work, we would like to make sure that all vendors are on the same page as it relates to what is technically acceptable.

ANSWER: DA PAM 290-5, Chapter 4, Section II, Headstone and Markers, page 9, paragraphs 4-19, which is available from:

https://armypubs.army.mil/epubs/DR_pubs/DR_a/pdf/web/p290_5.pdf

17. The square footage of the property is 57767.35 SQFT: (Technical Exhibit 5) Quantities do not align with the property square footage. Yet, (Technical Exhibit 3) I do not think that it will matter because these materials will be reimbursable other than it would effect the estimated labor cost. Note, all plants require correct space and airflow for health.

A. 30500 Annuals planted on 10” centers would cover 21,180 Square Feet. How will this possible work?

B. 20000 Blubs planted on 8” centers would cover 8,888 Square Feet. How will this possible work?

C. Perennials at 10000 Square Feet. Note (Technical Exhibit 3) calls for 17000 Square Feet. How will this possible work.

ANSWER: The quantities on Technical Exhibit 5 are estimated and provided for information purpose only. The quantities include the amount of annual, bulbs, perennials and mulch required for the entire lot, not just the main and pet cemetery.

The estimated quantities are for the cemetery ground space behind the south retaining wall is also included to perform the requirement of the PWS. Reference the paragraph

1.4 revised by this Amendment 0003.

18. The square footage of the property is 57767.35 SQFT: (Technical Exhibit 3) Quantities do not align with the property square footage. I do not think that it will matter because these materials will be reimbursable.

A. Please provide an allowable cost plus markup for (Technical Exhibit 3)?

B. 6000 Cubic yards of mulch would cover 12000 Square Feet 13.5 inched deep.

How will this possible work?

C. 4000 Cubic yards of fine pines would cover 10000 Square Feet 9 inched deep.

How will this possible work.

D. The local source for fine pines at ½ inch minus is not available. It would be a leaf and wood much ¾ inch minus? Will this be acceptable?

E. The local source for hardwood mulch at 2 inch minus is not available. It would be an all wood mulch 1 ½ inch minus? Will this be acceptable?

ANSWER: The quantities on Technical Exhibit 3 are estimated and provided for information purpose only. The estimated quantities are for the entire lot to include main and pet cemetery, and the cemetery ground space behind the south retaining wall (reference the paragraph 1.4 revised by this Amendment 0003). The cost will be reimbursed under Incidental Services CLIN. COR will coordinate with the contractor regarding availability of material/supplies on an as required basis.

REVISED PWS

PERFORMANCE WORK STATEMENT

Benicia Arsenal Cemetery Grounds Maintenance

REVISED 8 MAY 2018

1 GENERAL INFORMATION:

1.1 Description of Services/Introduction: The Contractor shall provide all personnel, equipment, supplies, facilities, transportation, tools, materials, supervision, and other items to provide the non-personal services necessary to perform cemetery grounds maintenance services as specified in accordance with (IAW) this Performance Work Statement (PWS), except for those items specified as government furnished property and services, and IAW Army Regulation (AR) 210-190-Post Cemeteries.

1.2 Background: The Benicia Arsenal Cemetery grounds maintenance service is maintained by a private Contractor under a Government contract. In 2008, the Presidio of Monterey (POM) inherited primary responsibility to maintain the Benicia Cemetery to Army standards. Over the past twenty-eight

(28) years, the cemetery grounds has been maintained and is currently maintained IAW AR 210-190-Post Cemeteries and DA Pam 290-5- Administration, Operations, and Maintenance of Army Cemeteries.

1.3 Objective: The objective of this requirement is to maintain the landscapes, tree basins and interior plants at the Benicia Military Cemetery grounds in Benicia, California.

1.4 Scope: The Contractor shall provide all management, supervision, personnel, supplies, material, and equipment to perform grounds maintenance services, to include landscaping, gardening and interior plant care services, at Benicia Arsenal Cemetery, Benicia, California. Benicia Arsenal Cemetery acreage include main body (208 gravesites), pet cemetery (3 gravesites) and acreage behind the south retaining wall and perimeter fence line. Landscaping, gardening and interior plant care include planting and maintaining shrubs, perennials, ground-covers, ornamental grasses, roses, bulbs and spring and fall flowering annuals; edging, weeding and mulching of landscape beds and tree basins; creating new landscape beds; applying liquid and granular pesticides and fertilizers IAW local and Federal regulations.

Irrigation and plant watering material, maintaining interior plants, creating rock swales, and providing seasonal plants. The service also includes environmental impact awareness and IAW Army Regulation (AR) 210-190 - Post Cemeteries.

1.4.1 Benicia Arsenal Cemetery Grounds at Benicia, California: The grounds of the cemetery are comprised of different species of flowers, coniferous and shade trees as well as hedges and shrubs of various ages and sizes.

1.5 Period of Performance: The period of performance for this effort will be a 12-month base year from date of award with four (4) 12-month option year periods.

1.6. GENERAL INFORMATION

1.6.1. Quality Control: The Contractor shall develop and maintain an effective quality control program to ensure services are performed in accordance with this PWS. The Contractor shall develop and implement procedures to identify, prevent, and ensure non- recurrence of defective services. The Contractor’s quality control program is the means by which he assures himself that his work complies with the requirement of the contract. As a minimum, the contractor shall develop a Quality Control Plan (QCP) that addresses the areas identified in the Performance Requirements Summary (PRS) (See Technical Exhibit 1). The Quality Control Plan shall be submitted within fifteen (15) calendar days from the date of award. After submission of the QCP, the Contractor shall receive the Contracting Officer’s acceptance in writing. If any proposed change to the QCP, the Contractor shall resubmit a revised QCP within ten (10) calendar days.

1.6.2. Quality Assurance: The Government will evaluate the Contractor’s performance under this contract in accordance with its QCP and the Government’s Quality Assurance Surveillance Plan (QASP).

This plan is primarily focused on what the Government shall do to ensure that the Contractor has performed in accordance with the performance standards. It defines how the performance standards identified in the PRS (See Technical Exhibit 1) will be measured, by whom, the frequency of the surveillance, and the maximum acceptable defect rate(s).

1.6.3. Recognized Federal Holidays: The Contractor is not required to work on the holidays listed below, unless stated as normal Day of Operation (Wednesday, Saturday, and Sunday or deemed necessary or authorized by the K.O.) Holidays occurring on weekends will be observed as directed by the published Army calendar.

New Year’s Day 1st January

Martin Luther King 3rd Monday in January

President’s Day 3rd Monday in February

Columbus Day 2nd Monday in October

Thanksgiving Day 4th Thursd ay in Novem ber

Christmas Day 25th December

1.6.3.1 The Contractor is required to perform services on the holidays listed below:

Memorial Day 3rd Monday in May

Independence Day 4th of July

Labor Day 1st Monday in September

Veterans Day 11th of November

1.6.4Hours of Operation: The Contractor shall open the cemetery gates to the public on Wednesday, Saturday and Sunday of each week, at 9:00 A.M. and close the gates at 5:00 P.M. Pacific Standard Time (PST). The cemetery will be closed to visitors on Monday, Tuesday, Thursday and Friday of each week, except for the observance of Federal Holidays and other ceremonial events.

1.6.4.1 The Contractor shall provide personnel support outside the normal hours of operation as required, including holidays (i.e. Memorial Day, Independence Day, Labor Day, and Veterans Day), to support the Arlington National Cemetery (ANC) and U.S. Soldiers Airmen’s Home National Cemetery (USSAHNC) Cemetery mission. The Site Manager or the Alternate Site Manager shall be available after normal duty hours or on working holidays to serve as the central point of contact for Contractor operations.

1.6.5 Place of Performance: The work to be performed under this contract will occur at Benicia Arsenal Cemetery located on Birch Road, Benicia, CA.

1.6.6 Contract Type: The resultant award will be a Firm Fixed price contract.

1.6.7 Security Requirements: Contractor personnel or any representative of the Contractor entering Benicia Arsenal Cemetery shall abide by all security rules and regulations.

1.6.7.1 Physical Security: At the close of each work period, Government facilities, equipment and materials shall be secured.

1.6.7.1.1. Cemetery Access: The Contractor shall be responsible for ensuring that all Contractor personnel authorized to perform work under this contract obtain cemetery access. Upon contract award the Contractor shall submit to the COR the names of ALL personnel working under this contract. Changes of the Contractor personnel list shall be submitted within 24 hours of the change taking place.

1.6.7.1.2. Contractor Personnel ID Badges: The Contractor shall provide ID badges. All Contractor personnel shall have on them, at all times, positive, photographic identification. Each badge shall include, as a minimum, the company name, employee name, a photograph, the contract title, and the contract number and expiration date of the badge.

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 to keys include key cards. No keys issued to the Contractor by the Government shall be duplicated. 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.

1.6.7.3 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. All access will be provided by or coordinated through the COR or Alternate COR at the direction of the COR.

1.6.7.4 Anti-Terrorism Level I Training (AT I): All Contractor employees, to include subcontractor employees, requiring access to Army installations, facilities and controlled access areas shall complete AT Level I awareness training within 15 calendar days after contract start date or effective date of incorporation of this requirement into the contract, whichever is applicable. The Contractor shall submit certificates of completion for each affected Contractor employee and subcontractor employee, to the COR, within five (5) calendar days after completion of training by all employees and subcontractor personnel. AT Level I Awareness training is available at the following website: https://atlevel1.dtic.mil/at.

1.6.7.5 iWatch Training: All Contractor and associated subcontractors shall brief all employees on the local iWatch program (training standards provided by the POM Antiterrorism Officer (ATO). This locally develop training shall be used to inform employees of the types of behavior to watch for and instruct employees to report suspicious activity to the COR. This training shall be completed within 15 days calendar days of contract award and within 15 calendar days of new employee’s commencing performance, with the results reported to the COR no later than 30 calendar days after contract award.

1.6.8 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 Subpart 42.5, Post Award Orientation. The Contracting Officer, COR, and other Government personnel, as appropriate, may 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 written meeting minutes will be recorded by the Government and signed by the Site Manager and the Contracting Officer or COR and distributed within five (5) workdays after the meeting. The Contractor shall apprise the Government of problems, if any, being experienced and written meeting minutes shall be recorded by the Contractor and signed by the Site Manager and the Contracting Officer or COR and distributed within five (5) workdays after the meeting. Appropriate action shall be taken to resolve outstanding issues. These meetings shall be at no additional cost to the Government.

1.6.9 Contractual Authority: No written or oral statements of any person whosoever other than the Contracting Officer will, in any manner or degree, modify or otherwise affect the terms of this contract.

The Contracting Officer is the only person authorized to approve changes in any of the requirements under this contract. And notwithstanding any provisions contained elsewhere in this contract, the said authority remains solely with the Contracting Officer.

1.6.10 Contracting Officer Representative (COR): The COR will be nominated by the requiring activity and appointed by the Contracting Officer by separate letter. A copy of the COR’s appointment letter will also be sent to the awarded Contractor, identifying the designated duties and limitations of the COR. The CORs’ designated duties will describe the level of responsibility (inspection only – or inspection and acceptance) and what technical or administrative aspects of the contract are to be monitored. The COR’s oversight responsibilities are not limited to the QASP since all listed contract requirements or tasks are expected to be met by the Contractor at all times, the COR is authorized to conduct oversight on any and all tasks or requirements and report observations to the Contracting Officer. The COR is not authorized to change any terms or conditions in the contract that pertain to cost, schedule, performance, quality, quantity, or other legal aspects of the resulting order.

1.6.11 Key Personnel: The Government considers the following positions to be key personnel: Site Manager, Quality Control Manager, and the Certified Pesticide Applicator. Resumes are to be provided.

Key personnel identified the proposal will be assigned positions as identified on the proposal. Projected replacement of Key Personnel shall be submitted in writing to the COR and Contracting Officer for approval fifteen (15) days prior to a replacement. All Key Personnel shall have means of verbal and email communication with the COR, as communication is anticipated, at a minimum, twice daily. Key Personnel and alternates must be able to communicate fluently in English both verbally and in writing.

1.6.11.1 Substitute of Key Personnel: All Contractor requests for approval of substitutions hereunder shall be submitted in writing to the COR and the Contracting Officer at least twenty-five (25) calendar days in advance of the effective date, whenever possible, and shall provide a detailed explanation of the circumstances necessitating the proposed substitution, qualification list for the proposed substitute, and any other information requested by the Contracting Officer necessary to approve or disapprove the proposed substitution. The COR and the Contracting Officer will evaluate such requests and promptly notify the Contractor of approval or disapproval in writing based on conformance with the contract's requisite qualifications.

Any changes to the staffing proposed shall be approved by the Contracting Officer prior to implementation.

1.6.11.2 Site Manager: The Contractor shall provide a Site Manager who shall be responsible for the performanceof the work. The name of this person and an alternate who shall act for the contractor when the site manager is absent shall be designated in writing to the Contracting Officer. The Site Manager or alternate shall have full authority to act for the Contractor on all contract matters relating to daily operation of this contract. The Site Manager shall have demonstrated experience as a direct supervisor of landscape maintenance operations in commercial or public site(s) of not less than 100 acres in total. The Site Manager must have demonstrated experience and knowledge in the installation, care and culture of trees, shrubs, perennials, annuals and bulbs; operation and care of backpack blowers, edger, string-trimmers, rototillers and heavy equipment such as a skid loader or front end loader; and knowledge of IPM practices. The Site Manager shall meet with the COR on a daily basis. And will remain on site on a full time basis with the exception of the month of January. For the month of January, the Site Manager or alternate will remain responsible for making sure all contract requirements are met, but will not need to remain on site daily.

During the month of January, Site Manager or alternate shall, either by phone or in person check-in with the COR on a not less than weekly basis.

1.6.11.3 Quality Control Manager: The Contractor shall designate an employee for quality control and shall submit documentation of a monitoring system for assuring all line items are performed according to Contract specification. This employee shall be available for consultation with the COR on a daily basis, during the normal work schedule of Monday through Friday.

1.6.11.4 Certified Pesticide Application: A California state certified pest/herbicide applicator shallpre-approved pesticides, fungicides, and herbicides to diseased turf areas for control of plant diseases and infestations or use pesticides to control rodents and invasive plant growth. In accordance with AR 200-1, Pesticide/herbicide applicators must possess a California qualified applicator license and certification.

1.6.12 Identification of Contractor Employees: All Contractor 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. The Contractor shall ensure that alldocuments or reports produced by Contractors are suitably marked as Contractor products or that Contractor participation is appropriately disclosed.

1.6.13 Conflict of Interest: The Contractor shall not employ any person who is an employee of the United States Government or the Department of Defense, either military or civilian, if suchemployment would create a conflict of interest or be contrary to the policies contained in Department of Defense (DOD) Joint Ethics Regulation (JER), DOD 5500.7-R.

1.6.14 Supervision of Contractor Employees: The Government will not exercise any supervision or control over Contractor or subcontractor employees while performing work under the contract. Such employees shall be accountable solely to the Contractor, not the Government. The Contractor, in turn, shall be accountable to the Government for Contractor or subcontractor employees.

1.6.14.1 Contractor Personnel Conduct: The Contracting Officer may require the Contractor to remove from the job site any employee working under this contract for reasons of misconduct, security, or found to be under the influence of alcohol, drugs, or other incapacitating agents. Contractor employees shall be subject to dismissal from the premises upon determination by the Contracting Officer that such action is necessary in the interest of the Government. In accordance with (IAW) Joint Ethics Regulations, DOD 5500.7-R, and 18 U.S. 1382 (1972), the cemetery Executive Director (who has authority such as an installation commander) has the authority to bar individuals from the cemetery. The removal from the job site or dismissal from the premises shall not relieve the Contractor of the requirement of providing sufficient personnel to perform the services as required by this contract.

1.6.14.2 Interface with Government Operation: Performance of work by Contractor personnel under the terms of this contract shall not interfere with regularly scheduled Government operational activities.

1.6.15 Contractor Travel: Not Applicable. Contractor will not be required to travel to offsite training facilities or attend meeting, conferences, and training.

1.6.16 Advance Prior Approval to Purchase: Obtain advance approval prior to purchasing any reimbursable item; validate receipt and acceptance of any Other Direct Costs (ODC) material deliverable, such as refuse collection and portable latrine services. The Contractor shall provide receipts for all ODC materials. The contractor shall include a receiving report with any invoice submitted through Wide Area Work Flow (WAWF) invoicing system. The Government is entitled to any item purchase as a direct charge to this contract. Upon completion of this award, all materials provided by the Contractor shall turn over to any incoming Contractor or the Government.

1.6.17 Phase In/Phase Out Plan: The contractor shall develop and deliver to the Government a phase-in/ phase- out plan within fifteen (15) days after contract award. The COR will coordinate with incoming and outgoing Contractors for an orderly transition to any potential new Contractor for the services described in this PWS. This plan is required to ensure the level and quality of services is maintained and prevents possible negative impacts on additional services. The plan shall be updated as required by the Contracting Officer.

1.6.17.1 Phase In: At the end of the existing contract period, if the incumbent contractor is not selected, the Government, in coordination with the incumbent contractor, COR will provide phase in support to the selected contractor. The phase-in activities shall include:

Transfer knowledge, experience, and lessons learned to the new Contractor to become familiar with performance requirements in order to commence full performance of services.

1.6.17.2 Phase Out: The outgoing Contractor shall be fully responsible for performance during the fifteen

(15) days of the transition period. This transition shall include copies of the following:

1.6.17.3 Documentation: Follow standard operating procedures as related to this PWS.

1.6.17.4 Transition: Incumbent Contractor shall execute its transition plan and work closely with the follow-on Contractor or the Government to assure uninterrupted contract support.

1.6.17.5 Transportation: When on the cemetery grounds, the Contractor and Contractor Personnel shall abide by all speed limitations while operating motor vehicles on the grounds.

1.6.18 CONTRACTOR CONDUCT AND RECOGNITION OF CEREMONIES

1.6.18.1 Contractor Appearance: The Contractor shall maintain a neat and professional appearance throughout its workforce, vehicles, equipment, work sites, and staging areas.

1.6.18.2 Contractor Courtesy: The Contractor shall ensure all contract employees behave with appropriate decorum, courtesy, and respect while within the both Cemeteries or at their perimeter or entrances. Shouting, cursing, angry outbursts, sleeping, intoxication, and violence or criminal acts of any kind will not be tolerated - and is cause for immediate removal from the Cemetery.

1.6.20 Discovery of Cultural Resources: If cultural resources (i.e., bone, projectile points, arrow heads, etc...) are inadvertently discovered during operations and maintenance activities, work shall be halted within 30-meters (100- feet) of the find until it can be evaluated by the U.S. Army Garrison, Presidio of Monterey's Cultural Resources Program Manager. Inadvertent discoveries will require implementation of procedures set forth in the Presidio of Monterey's Integrated Cultural Resources Management Plan and Army Regulation 200-1, which includes consultation procedures, and planning requirements per Section 106 of the National Historic Preservation Act (NHPA) (54 U.S.C. 306108 et seq.; 36 CFR Part 800).

1.6.21 Regulation: The site of the contracted work is on a military reservation, and rules and regulations issued by the Commander, Presidio of Monterey, or other appropriate commanders, covering fire, safety, sanitation, severe weather requirements, admission to installation/facility and conduct of operations shall be observed by the Contractor and his/her employees.

1.6.22 Permits, Taxes, Licenses, Ordinances, and Regulations: Contractor shall obtain all necessary permits, give all notices, pay all license fees and taxes, comply with all Federal, state, municipal, county, and local Board of Health ordinances, rules and regulations applicable to the business carried on under this contract, and are responsible for all applicable state sales and use taxes.

1.6.23 Proof of Insurance:

a. At all times during performance, the Contractor shall maintain with the Contracting Officer either:

(1) A current Certificate of Insurance (COI) showing at least the insurance required as per your base contract and providing for a firm 30 day written notice to the Contracting Officer by the Insurance company prior to cancellation or any material change in policy coverage. The statement that "failure to provide such notice relieves the insurance company of any liability" shall not be written into the COI.

(2) A Certificate of Compliance, executed by an officer of the Contractor’s firm, certifying that the firm will comply with the insurance requirements stated in this task order at all times during performance of this contact. (A Certificate of Compliance will be provided to the Contracting Officer upon contract award.)

b. A Certificate of Insurance from the Contractor’s insurance company or a Certificate of Compliance shall be provided to the Contracting Officer ten (10) calendar days prior to contract performance.

c. Failure to maintain the required coverage may result in termination of the contract.

2.0 DEFINITIONS AND ACRONYMS;

2.1. DEFINITIONS:

2.1.1. 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.

2.1.2. CONTRACTING OFFICER (KO): A Contracting Officer is a government employee who has authority to enter into, administer, and or terminate contracts, as well as make related determinations and findings on behalf of the Government. (Note: The only individual who can legally bind the Government.)

2.1.3. CONTRACTING OFFICER’S REPRESENTATIVE (COR) - A representative from the requiring activity appointed by the Contracting Officer to perform surveillance and to act as liaison to the contractor.

2.1.4. DEFECTIVE SERVICE: A service output that does not meet the standard of performance associated with it in the Performance Work Statement.

2.1.5. DELIVERABLE: A deliverable is a term used in project management to describe a tangle or intangible object produced as a result of the project that is intended to be delivered to a customer (either internal or external). Examples of a deliverable are a report, a document, a server upgrade or any other building block of an overall project.

2.1.6. INSTALLATION: Installation refers to the safe transport of materials/supplies within both Cemeteries and placement of the approved materials/supplies within the designated area, within the specified time, schedule, and without damage to Government property.

2.1.7. MEMORIAL SERVICE OR CEREMONY: Any formal group activity conducted within the Benicia Arsenal Cemetery grounds intended to honor the memory of a person or persons interred in the Cemetery or those dying in the Military service of the United States or its allies. “Memorial service or ceremony” includes a “private memorial service,” “public memorial service,” “public wreath laying ceremony” and “official ceremony” as defined in this section.

2.1.8. OFFICIAL CEREMONY: A memorial service or ceremony approved by the Commanding General Military District of Washington, in which the primary participants are authorized representatives of the United States Government, a state government, a foreign country, or an international organization who are participating in an official capacity.

2.1.9. PHYSICAL SECURITY: Physical Security is an action that prevents the loss or damage of Government property.

2.1.10. PRIVATE CEREMONY: A memorial service or ceremony, other than an official ceremony, conducted at a private gravesite within the Benicia Arsenal Cemetery by a group of relatives and/or friends of the person interred or to be interred at that gravesite. Private memorial services may be closed to members of the public.

2.1.11. PUBLIC MEMORIAL SERVICE: A ceremony, other than an official ceremony, conducted by members of the public at the Benicia Arsenal Cemetery

2.1.12. PUBLIC WREATH LAYING CEREMONY: A brief yet formal ceremony, other than an official ceremony, in which members of the public present a wreath or similar memento.

2.1.13. PRIVATELY OWNED PROPERTY: For the purposes of this PWS, means property ownership by a nongovernmental organization (e.g. privately owned vehicles).

2.1.14. QUALITY ASSURANCE (QA): A procedure or set of procedures taken by the Government to ensure that services acquired under government contracts conform to the contract’s quality and quality requirements.

2.1.15. QUALITY ASSURANCE SURVEILLANCE PLAN (QASP): A plan specifying the surveillance methodology used by the COR for surveillance of the contractor’s performance.

2.1.16. QUALITY CONTROL (QC): Task performed by the contractor to ensure excellence of the organizations output.

2.1.17. REAL PROPERTY: Land and rights in land, ground improvements, utility distribution systems, and buildings and other structures. It does not include foundations.

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

2.1.19. VISITOR: Means anyone on the grounds of Benicia Arsenal Cemetery, to include Government employees and Contractor employees who are not on official Government duty (i.e., employees visiting outside of tour of duty or personal time off).

2.1.20. WORK DAY: The number of hours per day the Contractor provides services in accordance with the contract.

2.1.21. WORK WEEK: Monday through Friday, unless specified otherwise.

2.1.22. ENVIRONMENTAL MANAGEMENT SYSTEM: POM has implemented an Environmental Management System (EMS) to proactively deal with the environmental impacts of its processes, activities, and services. All Contractors performing work at Benicia Arsenal Cemetery must be aware of and understand POM’s Environmental Policy. Contractors are also responsible for ensuring all subcontractors hired on their behalf are aware of and understand POM’s Environmental Policy. The Contractor is responsible to ensure that all goods and services used by the Contractor do not deviate from POM's EMS. In the event of non-compliance with POM's legal or other requirements, or non-conformance with the EMS, the Contractor is required to take immediate corrective action, perform a root-cause analysis and develop preventative action to keep the non- compliance/nonconformance from recurring. In addition, the Contractor shall ensure their employees are aware of their roles and responsibilities with regard to the EMS and how these requirements affect the work performed under this contract. Waste, Recycling, and Storage: The Contractor shall recycle waste materials to the extent practicable. Maintenance and cleaning of equipment must be conducted offsite or at a designated location approved by the COR.

2.1.23. STORM WATER POLLUTION PREVENTION: The Contractor shall implement measures to prevent storm water pollution in accordance with POM’s Environmental Policy requirements and submit records, as necessary, to demonstrate compliance. The Contractor must furnish and use drip pans under equipment oil and fuel tanks, and cover equipment when not in use and during rain events.

2.1.23. Extreme Weather - Extreme weather is categorized as heavy snowfall causing the closing of federal government or extremely, heavy rainfall that would impede successful landscaping work in the landscape.

2.1.24. Fall Flowers –Bulbs, and spring flowering annuals that are typically planted in the fall.

2.1.25. Groundcover - Herbaceous or semi-woody perennial or annual growing in a container up to 4 1/2 inches or one quart in size, or rooted in an open flat of soil with other groundcover plants.

2.1.26. Integrated Pest Management (IPM) - is the combination of biological, physical and chemical methods to control pests.

2.1.27. Integrated Pest Management Coordinator (IPMC) - A DoD employee or contractor officially designated by the installation commander to coordinate and oversee the POM IPM Program.

2.1.28 Ornamental Grass – Botanically recognized as a grass and grown as a plug, quart or up to a three gallon size container.

2.1.29. Perennial – Any herbaceous or semi-woody plant that lives for more than two years. Container sizes may range from a plug to a one gallon container.

2.1.30. Pesticide Applicator(s) - A Pesticide Applicator trained and certified in the appropriate pesticide applicator categories by the state of California or Department of Defense (DOD). Registered Technicians are not eligible to apply pesticides on DOD installations under Army and DOD Pest Management Policy.

2.1.31. Small Shrub – Any woody plant growing in a container or having a balled and bur lapped root ball with a volume under seven gallons.

2.1.32. Large Shrub – Any woody or herbaceous plant growing in a container with a volume of up to 10 gallons or having a root ball of 20 inches or less (regardless of the dimensions of the shrub’s top growth).

2.1.33. Trash - Anything other than woody material, grass, soil, sod, and materials that can be recycled; plastic, paper and glass. No rocks permitted in Benicia Arsenal Cemetery trash dumpster.

ACRONYMS

2.2 ACRONYMS:

AFARS - Army Federal Acquisition Regulation Supplement ANC - Arlington National Cemetery ANSI - American National Standards Institute AR - Army Regulations AT - Antiterrorism ATO - Antiterrorism Officer ATSM - American Society for Testing and Materials BAC – Benicia Arsenal Cemetery CFR - Code of Federal Regulations

CMR – Contract Manpower Reporting COR - Contracting Officer Representative DA - Department of the Army DES - Directorate of Emergency Services DFARS - Defense Federal Acquisition Regulation Supplement DOD - Department of…