WESTMOWINGSOLICITATION.pdf

USACE, BALTIMORE

10 SOUTH HOWARD STREET, ROOM 7000

BALTIMORE MD 21201

UNDER DPAS (15 CFR 700)

11. DELIVERY FOR FOB

RFQ

SEE SCHEDULE

14. METHOD OF SOLICITATION

IFB RFP

CODE

SEE ADDENDUM

BLOCK IS MARKED

DESTINATION UNLESS

12. DISCOUNT TERMS

(No Collect Calls)

$7.0M

13b. RATING

13a. THIS CONTRACT IS A RATED ORDER

X

CODE

W912DR-11-T-0047 29-Apr-2011

b. TELEPHONE NUMBER

410-962-4958

8. OFFER DUE DATE/LOCAL TIME

02:00 PM 13 May 2011

5. SOLICITATION NUMBER 6. SOLICITATION ISSUE DATE

AUTHORIZED FOR LOCAL REPRODUCTION

PREVIOUS EDITION IS NOT USABLE

STANDARD FORM 1449 (REV 3/2005)

Prescribed by GSA

FAR (48 CFR) 53.212

(TYPE OR PRINT)

(SIGNATURE OF CONTRACTING OFFICER) 31c. DATE SIGNED

ADDENDA X ARE

26. TOTAL AWARD AMOUNT (For Gov t. Use Only )

22. UNIT 23. UNIT PRICE 24. AMOUNT21. QUANTITY

CODE 10. THIS ACQUISITION IS

UNRESTRICTED

FAX: NAICS:

TEL:

CODE 18a. PAYMENT WILL BE MADE BYOFFEROR

SUCH ADDRESS IN OFFER

17b. CHECK IF REMITTANCE IS DIFFERENT AND PUT

BELOW IS CHECKED

TEL.

W912DR

SIZE STD:

9. ISSUED BY

FACILITY

CODE

17a.CONTRACTOR/

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

15. DELIVER TO CODE 16. ADMINISTERED BY

SEE SCHEDULE

7. FOR SOLICITATION

INFORMATION CALL:

a. NAME

TAMARA A WRIGHT

2. CONTRACT NO. 3. AWARD/EFFECTIVE DATE 4. ORDER NUMBER

(TYPE OR PRINT)

30b. NAME AND TITLE OF SIGNER 30c. DATE SIGNED 31b. NAME OF CONTRACTING OFFICER

30a. SIGNATURE OF OFFEROR/CONTRACTOR 31a.UNITED STATES OF AMERICA

1 27a. SOLICITATION INCORPORATES BY REFERENCE FAR 52.212-1. 52.212-4. FAR 52.212-3. 52.212-5 ARE ATTACHED.X

25. ACCOUNTING AND APPROPRIATION DATA

1. REQUISITION NUMBER

19. ITEM NO. 20. SCHEDULE OF SUPPLIES/ SERVICES

SEE SCHEDULE

561730

TO ISSUING OFFICE. CONTRACTOR AGREES TO FURNISH AND DELIVER ALL ITEMS

SET FORTH OR OTHERWISE IDENTIFIED ABOVE AND ON ANY ADDITIONAL SHEETS

SUBJECT TO THE TERMS AND CONDITIONS SPECIFIED HEREIN.

SB

HUBZONE SB

SET ASIDE: 100 % FOR

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

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS

ARE NOT ATTACHED

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

TEL: EMAIL:

1 COPIES

(BLOCK 5), INCLUDING ANY ADDITIONS OR CHANGES WHICH ARE

SET FORTH HEREIN, IS ACCEPTED AS TO ITEMS:

.OFFER DATED YOUR OFFER ON SOLICITATION

28. CONTRACTOR IS REQUIRED TO SIGN THIS DOCUMENT AND RETURN 29. AWARD OF CONTRACT: REFERENCE

X

8(A)

SVC-DISABLED VET-OWNED SB

EMERGING SB

X

X

32g. E-MAIL OF AUTHORIZED GOVERNMENT REPRESENTATIVE

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS

(CONTINUED)

SEE SCHEDULE

19. ITEM NO. 20. SCHEDULE OF SUPPLIES/ SERVICES 21. QUANTITY 22. UNIT 24. AMOUNT

PAGE 2 OF

23. UNIT PRICE

ACCEPTED, AND CONFORMS TO THE CONTRACT, EXCEPT AS NOTED: ______________________________________________________

32a. QUANTITY IN COLUMN 21 HAS BEEN

RECEIVED INSPECTED

32b. SIGNATURE OF AUTHORIZED GOVERNMENT

REPRESENTATIVE

32c. DATE 32d. PRINTED NAME AND TITLE OF AUTHORIZED GOVERNMENT

REPRESENTATIVE

32e. MAILING ADDRESS OF AUTHORIZED GOVERNMENT REPRESENTATIVE 32f . TELEPHONE NUMBER OF AUTHORIZED GOVERNMENT REPRESENTATIVE

37. CHECK NUMBER

FINALPARTIALCOMPLETE

36. PAYMENT35. AMOUNT VERIFIED

CORRECT FOR

34. VOUCHER NUMBER

FINAL

33. SHIP NUMBER

PARTIAL

38. S/R ACCOUNT NUMBER 39. S/R VOUCHER NUMBER 40. PAID BY

41a. I CERTIFY THIS ACCOUNT IS CORRECT AND PROPER FOR PAYMENT

41b. SIGNATURE AND TITLE OF CERTIFYING OFFICER 41c. DATE

42a. RECEIVED BY (Print)

42b. RECEIVED AT (Location)

42c. DATE REC'D (YY/MM/DD) 42d. TOTAL CONTAINERS

STANDARD FORM 1449 (REV 3/2005) BACK

Prescribed by GSA

FAR (48 CFR) 53.212

AUTHORIZED FOR LOCAL REPRODUCTION

PREVIOUS EDITION IS NOT USABLE

W912DR-11-T-0047

Section SF 1449 - CONTINUATION SHEET

PRICE SCHEDULE

GRASS MOWING / TRIMMING

LOCAL FLOOD PROTECTION PROJECTS

STEUBEN COUNTY, NEW YORK

GENERAL BID SPECIFICATIONS

PRICES/COSTS

The Contractor, as an independent Contractor and not as an agent of the Government, shall furnish all labor, supervision, materials, equipment and supplies to perform work in accordance with the specifications of the contract.

PLEASE NOTE THE FOLLOWING INFORMATION:

(a) All prices must be on a firm basis.

(b) UNIT OF MEASURE –AC = Acre

(c) Each contract line item “unit price” is the cost of mowing one acre for the indicated location.

(d) Each contract line item “total cost” includes four mowing cycles for the indicated contract year. Total cost is the quantity of acres times the unit price per acre.

ITEM DESCRIPTION QTY (Acreage) UNIT PRICE AMOUNT

0001 Grass Mowing, Canisteo Flat 20.4 __________ _________

0002 Grass Mowing, Canisteo Levee 3.6 __________ _________

0003 Grass Mowing, Corning Flat 47.6 __________ _________

0004 Grass Mowing, Corning Levee 36.4 __________ _________

0005 Grass Mowing, Hornell Flat 116.8 __________ _________

0006 Grass Mowing, Hornell Levee 253.2 __________ _________

0007 Grass Mowing, Almond Lake 9.0 __________ _________

TOTAL: _________

STATEMENT OF WORK

I. STATEMENT OF WORK

1. Statement of work: The Contractor shall furnish all labor, equipment, materials, administrative work, and supplies necessary to perform grass mowing services at Southern N.Y. Local Flood Damage Reduction Projects in Steuben County, N.Y. Maps depicting project areas where mowing is required are included as Attachments 1 through

3. Mowing shall be in accordance with these specifications and as directed by the Contracting Officer’s Representative (COR). Services include mowing of levees, berms (flats), drainage ditches, and adjacent areas. Hand trimming around concrete, metal, and wood structures to include floodwalls, headwalls, fences, railings, and any areas not accessible to equipment. Special attention will be required near stream banks to prevent the establishment of woody growth.

2. LFPP Locations and estimated acreage:

(a) Canisteo, N.Y. 5.1 Acres – Flat / 0.9 Acres – Levee

(b) Corning, N.Y. 11.9 Acres – Flat / 9.1 Acres - Levee

(c) Hornell, N.Y. 29.2 Acres – Flat / 63.3 Acres – Levee

(d) Almond Lake 9.0 Acres -- Levee

(e) Total estimated acreage for all four Projects is 124 acres per mowing cycle. Four cycles per year minimum are anticipated. Two cycles for the Almond Lake project.

II. SPECIAL CONDITIONS

1. Special Conditions: The U.S. Army Corps of Engineers will not be responsible for payment when weather conditions prohibit mowing, and makes no guarantee as to the number of mowings required or that each nor any cycle will require the number of acres to be mowed as estimated under the Scope of Work.

2. Site Inspections: For the benefit of prospective bidders, a site inspection is highly recommended. Please contact the Construction Control Representative, Mr. Leon Skinner at

(607) 692-3915, for the date and time of the pre-bid site meeting.

3. Commencement of Work: Work shall commence no later than 10 days after issuance of call and be completed by the end of September 2011. The start date will be coordinated with the Construction Control Representative as will each individual cycle of mowing. Prior to this start date the Contractor will be required to conduct a site visit with Mr. Skinner to review the projects, discuss schedule and administrative requirements. All meetings, pre-work, safety meetings, etc. shall be included in the overall contract bid price.

4. Performance of Work: The Contractor shall perform work only during normal Corps of Engineers duty hours (7:30 a.m. to 4:00 p.m., Monday through Friday, excluding national holidays). Exceptions to this condition must be coordinated with and approved in advance by the Operations Manager, Susquehanna River Project.

5. Accident Prevention: In performing this contract, the Contractor shall comply with all current Federal, State and Local safety regulations, including Corps of Engineers Safety and Health Requirement Manual EM 385-1-1, and shall comply with any subsequent changes.

The Corps of Engineers Safety and Health Requirement Manual EM 385-1-1 may be found on the World Wide Web at http://www.usace.army.mil/CESO/Documents/EM385-1- 1FINAL.pdf Prior to commencement of work under this contract, the Contractor shall furnish the following for approval by the Government:

(a) Accident Prevention Plan Section I, Article 01.A.11, EM 385-1-1, dated 15 Sep 08

(b) Activity Hazard Analyses Section I, Article 01.A.13, EM 385-1-1, dated 15 Sep 08

6. Accident Reporting: In the event of an accident or injury involving contractor personnel or equipment in performance of work, the Contractor shall immediately notify the Government representative by the most expedient means feasible. If instructed so, the Contractor shall complete forms furnished, and/or provide a written description of the incident within 24 hours of notification to do so.

7. Operations and Storage Areas: The Contractor shall confine all operations (including storage of materials) to areas authorized or approved by the Construction Control Rep. The Contractor shall hold and save the Government, its officers and agents free and harmless from liability of any nature occasioned by the Contractor’s performance.

8. Housekeeping: The Contractor shall keep the work area, including storage areas, free from accumulations of waste materials. Before completing the work, the Contractor shall remove from the work site and premises, any rubbish, tools, equipment and materials that are not property of the Government. Upon completing the work, the Contractor shall restore the work area to the original condition, satisfactory to the Contracting Officer.

9. Environmental Protection: The Contractor is required to comply with all Federal, State and

Local environmental regulations.

10. Permits and Licenses: The Contractor shall, at his/her own expense, obtain any license or permits required to perform the contract. The Contractor shall comply with all Federal, State and Local laws and regulations and shall comply with any subsequent changes.

11. MANPOWER REPORTING:(a) Scope. The following sets forth contractual requirements for reporting of contractor labor work year equivalents (also called Contractor Man-year Equivalents (CMEs)) in support of the Army, pursuant to 10 U.S.C.129a, 10 U.S.C.2461(g), Section 343 of P.L.106-65, and 32 CFR 668. Reporting shall be accomplished electronically by direct contractor submission to the secure Army Web Site:

https://contractormanpower.us.army.mil Information on the background, purposes, and significance of this reporting requirement, and the 32 CFR 668 Final Rule as published in the Federal Register, can be found at this Web Site. In addition, a Help Desk function, detailed instructions on what and how to report, FAQs, and a site demonstration are available. The Army’s objective is to collect as much significant CME data as possible to allow accurate reporting to Congress and for effective Army planning. The reporting data elements should not be viewed as an "all or nothing" requirement. Even partial reporting, e.g., direct labor hours, appropriation data, place of performance, Army customer, etc., will be helpful.

12. Records and Reports: In addition to the administrative requirements dictated elsewhere in this contract, the Contractor shall complete a Daily Construction Quality Control Report form to maintain record of contract performance, accident/injury incidence, and observance of project deficiencies. Forms will be distributed at pre-work conference.

13. Superintendent: The Contractor shall act as, or provide a Superintendent who is responsible for quality control whenever the work specified herein is being performed. The Superintendent shall conduct overall management coordination and be the central point of contact with the Government for performance of all work under this contract. The Superintendent and any individual designated to act for him/her shall have full authority to contractually commit the Contractor for prompt action on matters pertaining to the administration of the entire contract. Such authorization shall be submitted in writing to the Government representative. The Superintendent shall deal directly with the designated, for normal day-to-day administration of the contract provisions. Superintendent’s (s) will be required to attend pre-work conference prior to commencing work under this contract.

14. Preliminary Preparations: Prior to the commencement of mowing operations at each project, the Contractor shall remove all litter, debris, and foreign obstacles that would hinder or prevent performance under the terms and conditions under this contract. This may include branches, limbs, cans, bottles, and other small items. If any large obstacles are present that will impede mowing for any given cycle it is the responsibility of the contractor to notify Mr.

Skinner to allow for removal of obstacle(s) prior to mowing operations at that project being concluded. The responsibility for obtaining a waste site and complying with the regulations governing it shall be the burden of the contractor.

15. Storage of Contractors Equipment: Project parking/storage areas will be designated for the

Contractor. Sheltering structures will not be provided, nor will construction of the same be permitted. The Contractor may utilize the parking/storage accommodations only while in performance of this contract and is to be removed within three days upon completion of work at respective project. The Government shall accept no liability for damages to, or theft of Contractor Equipment.

16. Contingencies: Delay or interruption of the work due to conditions or circumstances other than inclement weather shall be brought to the immediate attention of the COR. In the event of inclement weather, mowing operations shall commence in any work area, levee slopes excepted, as conditions permit. Levees shall not be mowed until such time as mowing equipment can traverse slopes safely and without damage to slopes.

17. Coordination of Work: Mowing operations shall be subject to adjustment to avoid interference with other maintenance or during dry periods. This may reduce the mowing cycles required under this contract for one or more cycles.

18. Notification: The Contractor will be given a minimum 48-hour notice to proceed for each complete or partial mowing cycle. The start date of each will determined by the COR.

Notification by the COR shall be sufficient notice to proceed.

SPECIFICATIONS:

1. Mowing area boundaries: In general, mowing operations at the Local Flood Damage Reduction Projects shall extend from the edge of the waterway, or top of bank (whichever is relevant), to a distance of approximately ten feet out from the landside toe of the levee. Specific boundary lines at all project will be shown at the pre-work meeting.

2. Trimming: Specific areas to be trimmed will be shown at the pre-work meeting. Section B, paragraph 1.

3. Equipment requirements: With the exception of the hand trim work and the specified hillside mower, all cutting shall be performed with flail type mowers. Tractors shall be 4-wheel drive equipped. Tractors shall have sufficient horsepower to operate a flail type mower of at least seven feet wide. Simultaneous utilization of a minimum of two machines during each cycle is required. Gang flail-type mowers are permitted on flats, however, they may not be utilized on levees without prior approval from the COR or their representative. Mowing equipment, flail or rotary type, specifically designed to operate on steep slopes, may be utilized on the levees in conjunction with at least one other approved machine. Unless approved otherwise by the COR, rotary type mowers shall have mulching blades installed during operation.

4. Mowing Cycle: Performance of four mowing cycles is anticipated for a calendar year season. A mowing cycle is defined as a complete mowing and hand trimming of areas as directed under an individual delivery order and by the COR. Cycle pattern and start date shall be at the discretion of the COR. Excepting COR approved contingencies, each cycle shall be completed within the timeframe established as follows:

Project Days Canisteo 1 Corning 2 Hornell 9 Almond 1

These are the maximum days required to do a project cycle in its entirety.

5. Cutting Height: Areas shall be cut to a minimum height of four inches, except where directed by the COR.

a. Estimated total of berm (flat) mowing for each cycle is 46.2 acres.

b. Estimated total of levee mowing for each cycle is 77.8 acres.

CONTRACT ADMINISTRATION DATA

1. Contracting Officer’s Representative: The authorized representative of the Contracting

Officer (COR) for this acquisition contract is:

George A. Bielen, P.E.

Susquehanna River Project 306 Railroad St. 2nd Floor (Rear) Danville, PA 17821 Telephone: (570) 275-9505 Facsimile: (570) 275-9526

2. Submission of Invoices:

(a) Original invoices for services performed under this contract will be submitted to:

U.S. Army Corps of Engineers 306 Railroad Street, 2nd Floor Rear

Danville, PA 17821

(b) Payment will be made by:

USACE Finance Center ATTN: EFT/Disbursing 5720 Integrity Drive Millington, TN 38054-5005

3. Payment: Payment will be made at the Lump Sum Amount upon completion and acceptance of work performed. The Contractor shall submit an invoice for payment of contract services performed within five days after notification of acceptance of work. Invoice shall include the following information:

(a) Contractor's name, mailing address and telephone number

(b) Contract Identification Number

(c) Date invoice is prepared

(d) An itemized description of charges which will include:

(1) Project location of work

(2) Work period (start and ending dates)

(3) Actual work performed

(4) Invoiced amount per contract payment schedule

QASP

Southern New York Flood Protection Projects Quality Assurance Surveillance Plan (QASP)

For Hornell, Canisteo, and Corning, New York LFPP’s

Reviewed By:

George A. Bielen Contracting Officer Representative

INTRODUCTION:

1.1. Purpose. The role of the government in quality assurance is to ensure contract standards are achieved. The purpose of the QASP is to identify the methods and procedures the government will use to evaluate contractor actions while performing the requirements in the contract specifications. It is designed to provide an effective surveillance method by monitoring contractor performance for each service listed in the contract specifications for the subject contract.

1.2. The QASP provides a systematic method to evaluate the services the contractor is required to provide. The QASP is based on the premise that the government desires to maintain a high quality standard for services for which it has contracted.

1.3. This QASP has been developed by the requiring activity, Tioga-Hammond &

Cowanesque Lakes Project. It is designed to provide direction to personnel performing “on the ground” contract administration and quality assurance.

Personnel monitoring the contract terms, conditions, and specifications will periodically review the QASP throughout the life of the contract.

2.0. ROLES AND RESPONSIBILITIES:

2.1. Contracting Officer Representative (COR). The COR is responsible for quality assurance guidance and to ensure that contract quality requirements, specifications, standards, and thresholds are defined, practical, enforceable, necessary, and verifiable.

2.2. The COR evaluates and documents contractor performance in accordance with the QASP and contract specifications. The COR will utilize Quality Assurance Evaluators (QAE) to perform the hands on day to day quality surveillance of the contractor. QAE’s are nominated by the COR, subject to Contracting Officer approval and designation. COR’s may utilize other surveillance support personnel as authorized in AR 70-13.

2.3. The COR informs the contractor of the names, duties, and limitations of authority for all quality assurance personnel assigned to the contract.

2.4. The COR notifies the Contracting Officer of any significant performance deficiencies.

2.5. The COR maintains surveillance documentation and recommends improvements to the

QASP throughout the life of the contract.

2.6. Contracting Officer (KO). The Contracting Officer is responsible to safeguard the interests of the United States in contractual relationships. Only the contracting officer is authorized to bind the government and then, only to the extent of the authority delegated to them through the issuance of a warrant.

2.7. The KO delegates authority for inspection and/or acceptance in accordance with terms of the contract.

3.0. DESCRIPTION OF SERVICES:

3.1. Scope of Work. The contractor shall provide all personnel, equipment, tools, materials, vehicles, supervision, and other items necessary to provide mowing services at the Hornell, Corning, and Canisteo.

4.0. QUALITY REQUIREMENTS:

4.1. Quality Control Program. The contractor, not the government, is responsible for management and quality control actions to meet the terms of the contract.

4.2. The quality control program is the driver for quality. The contractor is required to develop a comprehensive program of inspections and monitoring actions. The first major step to ensuring a “self-correcting” contract is to ensure that the quality control program, discussed and agreed to at the beginning of the contract, provides the measures needed to lead the contractor to success.

4.3. Once the quality control program is accepted, careful application of the process and standards presented in the remainder of this document will ensure a consistent quality assurance program.

5. SURVEILLANCE:

5.1. Surveillance Schedule. The Contracting Officer Representative (COR) will work with assigned quality assurance evaluators to develop a surveillance schedule. Changes to the surveillance schedule will be discussed in advance with COR. Surveillance documentation will be kept in the official electronic contract file and/or the official hardcopy contract file.

a) Surveillance Methods. This QASP will incorporate 100% inspections as the approach to ensure the contractor complies with the contract requirements. Re-performance is the preferred method of correcting any unacceptable performance.

b) Validated Customer Complaint. This contract will be inspected for quality assurance using the validated customer complaint surveillance method. Anyone who observes unacceptable services, either incomplete or not performed, should immediately contact the COR. The COR will conduct an investigation to determine the validity of the complaint. If the COR determines the complaint to be valid, the COR will document the findings and notify the customer and the contractor. The COR will retain a copy of the written complaint for the government’s files. If the complaint is valid, the contractor will be given the opportunity to correct the defect.

c) 100% Inspection: 100% inspection will be utilized for this contract and will be noted as follows: 100% inspections will be utilized for all projects. This type of surveillance overrides periodic surveillance. However, validated customer complaints are still utilized. Under the 100% surveillance method all contract performance requirements are inspected for quality assurance at every occurrence within the contract schedule.

d) Surveillance Team. The surveillance team consists of the following key players:

Contracting Officer Representative, Contracting Officer, Contract Administrator, and Quality Assurance Evaluators.

e) Unacceptable Performance. If the number of complaints/defects exceeds the performance threshold for any requirement, the COR will determine the possible cause of this unacceptable performance. Government-caused complaints/defects shall not be counted against the contractor. The same applies to any other requirement of the contract when Government-caused complaints/defects are the cause of unacceptable contractor performance. If the contractor’s performance is judged unacceptable by the COR for any requirement, the COR will inform the contractor’s on-site representative, and request acknowledgement of the unacceptable performance. Unacceptable performance will normally result in the contractor being required to re-perform the unacceptable work. If the work is not able to be re-performed according to specification, the COR will consult with the Contracting Officer to determine the appropriate resolution.

If the contractor disputes the results of surveillance, the COR must refer the contractor to the contracting officer for resolution.

f) Revisions. Revisions to this QASP are the responsibility of the requiring activity.

However as a result of partnering with the contractor, surveillance checklists may be revised jointly by COR personnel and contractor personnel. The Contracting Officer must approve any revisions that are significant enough in nature to impact the quality expectations of the contractor.

6. DOCUMENTATION REQUIREMENTS:

6.1 The COR is responsible for maintaining a Surveillance Folder at a designated location either hardcopy or electronic, which may also be a part of the COR’s official contract file.

The following information should be contained in the Surveillance Folder:

a. QASP

b. Contractor’s Quality Control Plan, if required.

c. Contract Documents, to include the contract, specifications, modifications, and delivery orders.

d. Appointment Letters and Training Certificates of the COR and other Surveillance Personnel if applicable.

e. Surveillance Checklists/Inspection Forms.

f. Quality Assurance Surveillance Schedules, if applicable.

g. Corrective Action Notes/Log

h. Invoice and payment documents

i. Meeting Minutes/Memo’s/Miscellaneous Correspondence

7. PERFORMANCE REQUIREMENTS SUMMARY: This summary identifies critical success factors for the contract. It identifies both the performance objectives for those factors and the performance threshold required for each performance objective. The Government reserves the right to inspect all services called for in the contract to determine whether or not the performance objectives and goals were met. The Performance Requirements Summary is an integral part of the QASP.

Performance Objective

Performance Standard Performance

Threshold Disincentive Incentive

Mowing 100 % of grass is maintained within one inch of the contract specifications

95 % of grass is maintained within one inch of the contract specifications

20% of invoice deduction or re-performance for failing to meet the performance threshold

Full payment of invoice

Trimming 100% of all unmowed grass around items in the mowed area is trimmed to contract specifications

98% of all unmowed grass around all items in the mowed area are trimmed to contract specifications

5% of invoice deduction or re-performance for failing to meet the performance threshold

Full payment of invoice

Report Submittals Required reports/invoices are submitted within designated timeframe

Required reports/invoices are submitted within designated timeframe 95% of the time

5% deduction from invoice for failure to meet the performance threshold

Full payment of invoice

Safety Maintained during operations

No accidents or incidents due to contractor’s failure to take safety precautions

No accidents or incidents due to contractor’s failure to take safety precautions

5% deduction from invoice for safety violation.

Full payment of invoice

*The absence of any contract requirement from the PRS shall not detract from its enforceability nor limit the rights or remedies of the Government under any other provision of the contract including the clauses entitled “Inspection of Services” and “Default”.*

7.1 Performance Evaluation and Re-Performance. Performance of a service will be evaluated to determine whether or not it meets the performance threshold. Re-performance is the preferred method of correcting any unacceptable performance. The contractor shall provide the Government written or verbal response why the performance threshold was not met, how performance will be returned.

DELIVERY INFORMATION

CLIN DELIVERY DATE QUANTITY SHIP TO ADDRESS UIC

CLAUSES INCORPORATED BY REFERENCE

52.202-1 Definitions JUL 2004 52.203-3 Gratuities APR 1984 52.203-5 Covenant Against Contingent Fees APR 1984 52.203-7 Anti-Kickback Procedures OCT 2010 52.203-11 Certification And Disclosure Regarding Payments To

Influence Certain Federal Transactions

SEP 2007

52.203-12 Limitation On Payments To Influence Certain Federal Transactions

OCT 2010

52.204-4 Printed or Copied Double-Sided on Recycled Paper AUG 2000 52.204-7 Central Contractor Registration APR 2008 52.212-1 Instructions to Offerors--Commercial Items JUN 2008 52.212-4 Contract Terms and Conditions--Commercial Items JUN 2010 52.222-1 Notice To The Government Of Labor Disputes FEB 1997 52.223-13 Certification of Toxic Chemical Release Reporting AUG 2003 52.223-14 Toxic Chemical Release Reporting AUG 2003 52.225-25 Prohibition on Engaging in Sanctioned Activities Relating to

Iran--Certification.

SEP 2010

52.232-1 Payments APR 1984 52.237-1 Site Visit APR 1984 252.203-7000 Requirements Relating to Compensation of Former DoD

Officials

JAN 2009

252.203-7002 Requirement to Inform Employees of Whistleblower Rights JAN 2009 252.225-7012 Preference For Certain Domestic Commodities JUN 2010 252.232-7010 Levies on Contract Payments DEC 2006 252.243-7002 Requests for Equitable Adjustment MAR 1998

CLAUSES INCORPORATED BY FULL TEXT

52.204-1 APPROVAL OF CONTRACT (DEC 1989)

This contract is subject to the written approval of the Contracting Officer and shall not be binding until so approved.

(End of clause)

52.209-5 CERTIFICATION REGARDING RESPONSIBILITY MATTERS (APR 2010)

(a)(1) The Offeror certifies, to the best of its knowledge and belief, that-

(i) The Offeror and/or any of its Principals-

(A) Are ( ) are not ( ) presently debarred, suspended, proposed for debarment, or declared ineligible for the award of contracts by any Federal agency;

(B) Have ( ) have not ( ), within a three-year period preceding this offer, been convicted of or had a civil judgment rendered against them for: commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public (Federal, State, or local) contract or subcontract; violation of Federal or State antitrust statutes relating to the submission of offers; or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, tax evasion, violating Federal criminal tax laws, or receiving stolen property (if offeror checks “have”, the offeror shall also see 52.209-7, if included in this solicitation); and

(C) Are ( ) are not ( ) presently indicted for, or otherwise criminally or civilly charged by a governmental entity with, commission of any of the offenses enumerated in paragraph (a)(1)(i)(B) of this provision.; and

(D) Have [ballot], have not [ballot], within a three-year period preceding this offer, been notified of any delinquent Federal taxes in an amount that exceeds $3,000 for which the liability remains unsatisfied.

(1) Federal taxes are considered delinquent if both of the following criteria apply:

(i) The tax liability is finally determined. The liability is finally determined if it has been assessed. A liability is not finally determined if there is a pending administrative or judicial challenge. In the case of a judicial challenge to the liability, the liability is not finally determined until all judicial appeal rights have been exhausted.

(ii) The taxpayer is delinquent in making payment. A taxpayer is delinquent if the taxpayer has failed to pay the tax liability when full payment was due and required. A taxpayer is not delinquent in cases where enforced collection action is precluded.

(2) Examples. (i) The taxpayer has received a statutory notice of deficiency, under I.R.C. Sec. 6212, which entitles the taxpayer to seek Tax Court review of a proposed tax deficiency. This is not a delinquent tax because it is not a final tax liability. Should the taxpayer seek Tax Court review, this will not be a final tax liability until the taxpayer has exercised all judicial appeal rights.

(ii) The IRS has filed a notice of Federal tax lien with respect to an assessed tax liability, and the taxpayer has been issued a notice under I.R.C. Sec. 6320 entitling the taxpayer to request a hearing with the IRS Office of Appeals contesting the lien filing, and to further appeal to the Tax Court if the IRS determines to sustain the lien filing. In the course of the hearing, the taxpayer is entitled to contest the underlying tax liability because the taxpayer has had no prior opportunity to contest the liability. This is not a delinquent tax because it is not a final tax liability. Should the taxpayer seek tax court review, this will not be a final tax liability until the taxpayer has exercised all judicial appeal rights.

(iii) The taxpayer has entered into an installment agreement pursuant to I.R.C. Sec. 6159. The taxpayer is making timely payments and is in full compliance with the agreement terms. The taxpayer is not delinquent because the taxpayer is not currently required to make full payment.

(iv) The taxpayer has filed for bankruptcy protection. The taxpayer is not delinquent because enforced collection action is stayed under 11 U.S.C. 362 (the Bankruptcy Code).

(ii) The Offeror has ( ) has not ( ), within a three-year period preceding this offer, had one or more contracts terminated for default by any Federal agency.

(2) Principal, for the purposes of this certification, means an officer, director, owner, partner, or a person having primary management or supervisory responsibilities within a business entity (e.g., general manager; plant manager;

head of a division or business segment; and similar positions).

(b) The Offeror shall provide immediate written notice to the Contracting Officer if, at any time prior to contract award, the Offeror learns that its certification was erroneous when submitted or has become erroneous by reason of changed circumstances.

(c) A certification that any of the items in paragraph (a) of this provision exists will not necessarily result in withholding of an award under this solicitation. However, the certification will be considered in connection with a determination of the Offeror's responsibility. Failure of the Offeror to furnish a certification or provide such additional information as requested by the Contracting Officer may render the Offeror nonresponsible.

(d) Nothing contained in the foregoing shall be construed to require establishment of a system of records in order to render, in good faith, the certification required by paragraph (a) of this provision. The knowledge and information of an Offeror is not required to exceed that which is normally possessed by a prudent person in the ordinary course of business dealings.

(e) The certification in paragraph (a) of this provision is a material representation of fact upon which reliance was placed when making award. If it is later determined that the Offeror knowingly rendered an erroneous certification, in addition to other remedies available to the Government, the Contracting Officer may terminate the contract resulting from this solicitation for default.

(End of provision)

52.209-7 INFORMATION REGARDING RESPONSIBILITY MATTERS (JAN 2011)

(a) Definitions. As used in this provision--

Administrative proceeding means a non-judicial process that is adjudicatory in nature in order to make a determination of fault or liability (e.g., Securities and Exchange Commission Administrative Proceedings, Civilian Board of Contract Appeals Proceedings, and Armed Services Board of Contract Appeals Proceedings). This includes administrative proceedings at the Federal and State level but only in connection with performance of a Federal contract or grant. It does not include agency actions such as contract audits, site visits, corrective plans, or inspection of deliverables.

Federal contracts and grants with total value greater than $10,000,000 means--

(1) The total value of all current, active contracts and grants, including all priced options; and

(2) The total value of all current, active orders including all priced options under indefinite-delivery, indefinite-quantity, 8(a), or requirements contracts (including task and delivery and multiple-award Schedules).

Principal means an officer, director, owner, partner, or a person having primary management or supervisory responsibilities within a business entity (e.g., general manager; plant manager; head of a division or business segment; and similar positions).

(b) The offeror ( ) has ( ) does not have current active Federal contracts and grants with total value greater than $10,000,000.

(c) If the offeror checked “has” in paragraph (b) of this provision, the offeror represents, by submission of this offer, that the information it has entered in the Federal Awardee Performance and Integrity Information System (FAPIIS) is current, accurate, and complete as of the date of submission of this offer with regard to the following information:

(1) Whether the offeror, and/or any of its principals, has or has not, within the last five years, in connection with the award to or performance by the offeror of a Federal contract or grant, been the subject of a proceeding, at the Federal or State level that resulted in any of the following dispositions:

(i) In a criminal proceeding, a conviction.

(ii) In a civil proceeding, a finding of fault and liability that results in the payment of a monetary fine, penalty, reimbursement, restitution, or damages of $5,000 or more.

(iii) In an administrative proceeding, a finding of fault and liability that results in--

(A) The payment of a monetary fine or penalty of $5,000 or more; or

(B) The payment of a reimbursement, restitution, or damages in excess of $100,000.

(iv) In a criminal, civil, or administrative proceeding, a disposition of the matter by consent or compromise with an acknowledgment of fault by the Contractor if the proceeding could have led to any of the outcomes specified in paragraphs (c)(1)(i), (c)(1)(ii), or (c)(1)(iii) of this provision.

(2) If the offeror has been involved in the last five years in any of the occurrences listed in (c)(1) of this provision, whether the offeror has provided the requested information with regard to each occurrence.

(d) The offeror shall post the information in paragraphs (c)(1)(i) through (c)(1)(iv) of this provision in FAPIIS as required through maintaining an active registration in the Central Contractor Registration database at http://www.ccr.gov (see 52.204-7).

52.212-2 EVALUATION--COMMERCIAL ITEMS (JAN 1999)

(a) The Government will award a contract resulting from this solicitation to the responsible offeror whose offer conforming to the solicitation will be most advantageous to the Government, price and other factors considered. The following factors shall be used to evaluate offers:

(i) PRICE

(ii) PAST PERFORMANCE

THE QUOTE WILL BE SELECTED BASED ON PAST PERFORMANCE AND THE LOWEST OVERALL

PRICE . THE TOTAL OF THE BASE AND ALL OPTION YEARS WILL BE EVALUATED TO DETERMINE

THE SUCCESSFUL LOW. AWARD WILL BE MADE TO THE VENDOR WHOSE QUOTE REPRESENTS

THE LOWEST OVERALL PRICE, GIVEN PRICE REASONABLENESS CAN BE ESTABLISHED, AND

PROVIDED A REVIEW OF PAST PERFORMANCE INDICATES A LOW RISK OF PERFORMANCE TO THE

GOVERNMENT. IF NO PAST PERFORMANCE DATA IS AVAILABLE, THE VENDOR WILL RECEIVE A

RISK RATING OF “NEUTRAL”.

(b) Options. The Government will evaluate offers for award purposes by adding the total price for all options to the total price for the basic requirement. The Government may determine that an offer is unacceptable if the option prices are significantly unbalanced. Evaluation of options shall not obligate the Government to exercise the option(s).

(c) A written notice of award or acceptance of an offer, mailed or otherwise furnished to the successful offeror within the time for acceptance specified in the offer, shall result in a binding contract without further action by either party. Before the offer's specified expiration time, the Government may accept an offer (or part of an offer), whether or not there are negotiations after its receipt, unless a written notice of withdrawal is received before award.

52.212-3 OFFEROR REPRESENTATIONS AND CERTIFICATIONS--COMMERCIAL ITEMS (MAR 2011)

An offeror shall complete only paragraph (b) of this provision if the offeror has completed the annual representations and certifications electronically at http://orca.bpn.gov. If an offeror has not completed the annual representations and certifications electronically at the ORCA website, the offeror shall complete only paragraphs (c) through (o) of this provision.

(a) Definitions. As used in this provision --

"Forced or indentured child labor" means all work or service-

(1) Exacted from any person under the age of 18 under the menace of any penalty for its nonperformance and for which the worker does not offer himself voluntarily; or

(2) Performed by any person under the age of 18 pursuant to a contract the enforcement of which can be accomplished by process or penalties.

Inverted domestic corporation means a foreign incorporated entity which is treated as an inverted domestic corporation under 6 U.S.C. 395(b), i.e., a corporation that used to be incorporated in the United States, or used to be a partnership in the United States, but now is incorporated in a foreign country, or is a subsidiary whose parent corporation is incorporated in a foreign country, that meets the criteria specified in 6 U.S.C. 395(b), applied in accordance with the rules and definitions of 6 U.S.C. 395(c).

Manufactured end product means any end product in Federal Supply Classes (FSC) 1000-9999, except--

(1) FSC 5510, Lumber and Related Basic Wood Materials;

(2) Federal Supply Group (FSG) 87, Agricultural Supplies;

(3) FSG 88, Live Animals;

(4) FSG 89, Food and Related Consumables;

(5) FSC 9410, Crude Grades of Plant Materials;

(6) FSC 9430, Miscellaneous Crude Animal Products, Inedible;

(7) FSC 9440, Miscellaneous Crude Agricultural and Forestry Products;

(8) FSC 9610, Ores;

(9) FSC 9620, Minerals, Natural and Synthetic; and

(10) FSC 9630, Additive Metal Materials.

Place of manufacture means the place where an end product is assembled out of components, or otherwise made or processed from raw materials into the finished product that is to be provided to the Government. If a product is disassembled and reassembled, the place of reassembly is not the place of manufacture.

Restricted business operations means business operations in Sudan that include power production activities, mineral extraction activities, oil-related activities, or the production of military equipment, as those terms are defined in the Sudan Accountability and Divestment Act of 2007 (Pub. L. 110-174). Restricted business operations do not include business operations that the person (as that term is defined in Section 2 of the Sudan Accountability and Divestment Act of 2007) conducting the business can demonstrate--

(1) Are conducted under contract directly and exclusively with the regional government of southern Sudan;

(2) Are conducted pursuant to specific authorization from the Office of Foreign Assets Control in the Department of the Treasury, or are expressly exempted under Federal law from the requirement to be conducted under such authorization;

(3) Consist of providing goods or services to marginalized populations of Sudan;

(4) Consist of providing goods or services to an internationally recognized peacekeeping force or humanitarian organization;

(5) Consist of providing goods or services that are used only to promote health or education; or

(6) Have been voluntarily suspended.

Service-disabled veteran-owned small business concern--

(1) Means a small business concern--

(i) Not less than 51 percent of which is owned by one or more service-disabled veterans or, in the case of any publicly owned business, not less than 51 percent of the stock of which is owned by one or more service-disabled veterans; and

(ii) The management and daily business operations of which are controlled by one or more service-disabled veterans or, in the case of a service-disabled veteran with permanent and severe disability, the spouse or permanent caregiver of such veteran.

(2) Service-disabled veteran means a veteran, as defined in 38 U.S.C. 101(2), with a disability that is service-connected, as defined in 38 U.S.C. 101(16).

"Small business concern" means a concern, including its affiliates, that is independently owned and operated, not dominant in the field of operation in which it is bidding on Government contracts, and qualified as a small business under the criteria in 13 CFR Part 121 and size standards in this solicitation.

Veteran-owned small business concern means a small business concern--

(1) Not less than 51 percent of which is owned by one or more veterans (as defined at 38 U.S.C. 101(2)) or, in the case of any publicly owned business, not less than 51 percent of the stock of which is owned by one or more veterans; and

(2) The management and daily business operations of which are controlled by one or more veterans.

"Women-owned business concern" means a concern which is at least 51 percent owned by one or more women; or in the case of any publicly owned business, at least 51 percent of the stock of which is owned by one or more women; and whose management and daily business operations are controlled by one or more women.

"Women-owned small business concern" means a small business concern--

(1) That is at least 51 percent owned by one or more women or, in the case of any publicly owned business, at least 51 percent of its stock is owned by one or more women; or

(2) Whose management and daily business operations are controlled by one or more women.

(b) (1) Annual Representations and Certifications. Any changes provided by the offeror in paragraph (b)(2) of this provision do not automatically change the representations and certifications posted on the Online Representations and Certifications Application (ORCA) website.

(2) The offeror has completed the annual representations and certifications electronically via the ORCA website at http://orca.bpn.gov. After reviewing the ORCA database information, the offeror verifies by submission of this offer that the representations and certifications currently posted electronically at FAR 52.212-3, Offeror Representations and Certifications--Commercial Items, have been entered or updated in the last 12 months, are current, accurate, complete, and applicable to this solicitation (including the business size standard applicable to the NAICS code referenced for this solicitation), as of the date of this offer and are incorporated in this offer by reference (see FAR 4.1201), except for paragraphs ----------.

(Offeror to identify the applicable paragraphs at (c) through (o) of this provision that the offeror has completed for the purposes of this solicitation only, if any.)

These amended representation(s) and/or certification(s) are also incorporated in this offer and are current, accurate, and complete as of the date of this offer.

Any changes provided by the offeror are applicable to this solicitation only, and do not result in an update to the representations and certifications posted on ORCA.]

(c) Offerors must complete the following representations when the resulting contract will be performed in the United States or its outlying areas. Check all that apply.

(1) Small business concern. The offeror represents as part of its offer that it ( ) is, ( ) is not a small business concern.

(2) Veteran-owned small business concern. (Complete only if the offeror represented itself as a small business concern in paragraph (c)(1) of this provision.) The offeror represents as part of its offer that it ( ) is, ( ) is not a veteran-owned small business concern.

(3) Service-disabled veteran-owned small business concern. (Complete only if the offeror represented itself as a veteran-owned small business concern in paragraph (c)(2) of this provision.) The offeror represents as part of its offer that it ( ) is, ( ) is not a service-disabled veteran-owned small business concern.

(4) Small disadvantaged business concern. (Complete only if the offeror represented itself as a small business concern in paragraph (c)(1) of this provision.) The offeror represents, for general statistical purposes, that it ( ) is, ( ) is not a small disadvantaged business concern as defined in 13 CFR 124.1002.

(5) Women-owned small business concern. (Complete only if the offeror represented itself as a small business concern in paragraph (c)(1) of this provision.) The offeror represents that it ( ) is, ( ) is not a women-owned small business concern.

Note: Complete paragraphs (c)(6) and (c)(7) only if this solicitation is expected to exceed the simplified acquisition threshold.

(6) Women-owned business concern (other than small business concern). (Complete only if the offeror is a women-owned business concern and did not represent itself as a small business concern in paragraph (c)(1) of this provision.) The offeror represents that it ( ) is, a women-owned business concern.

(7) Tie bid priority for labor surplus area concerns. If this is an invitation for bid, small business offerors may identify the labor surplus areas in which costs to be incurred on account of manufacturing or production (by offeror or first-tier subcontractors) amount to more than 50 percent of the contract price:

(8) (Complete only if the solicitation contains the clause at FAR 52.219-23, Notice of Price Evaluation Adjustment for Small Disadvantaged Business Concerns or FAR 52.219-25, Small Disadvantaged Business Participation Program-Disadvantaged Status and Reporting, and the offeror desires a benefit based on its disadvantaged status.)

(i) General. The offeror represents that either--

(A) It ( ) is, ( ) is not certified by the Small Business Administration as a small disadvantaged business concern and identified, on the date of this representation, as a certified small disadvantaged business concern in the database maintained by the Small Business Administration (PRO-Net), and that no material change in disadvantaged ownership and control has occurred since its certification, and, where the concern is owned by one or more individuals claiming disadvantaged status, the net worth of each individual upon whom the certification…