ATTACHMENT (D) - Veterans Affairs



PAGE 1 OF1. REQUISITION NO.2. CONTRACT NO.3. AWARD/EFFECTIVE DATE4. ORDER NO.5. SOLICITATION NUMBER6. SOLICITATION ISSUE DATEa. NAMEb. TELEPHONE NO. (No Collect Calls)8. OFFER DUE DATE/LOCALTIME9. ISSUED BYCODE10. THIS ACQUISITION IS UNRESTRICTED ORSET ASIDE:% FOR:SMALL BUSINESSHUBZONE SMALLBUSINESSSERVICE-DISABLEDVETERAN-OWNEDSMALL BUSINESSWOMEN-OWNED SMALL BUSINESS(WOSB) ELIGIBLE UNDER THE WOMEN-OWNEDSMALL BUSINESS PROGRAMEDWOSB8(A)NAICS:SIZE STANDARD:11. DELIVERY FOR FOB DESTINA-TION UNLESS BLOCK ISMARKEDSEE SCHEDULE12. DISCOUNT TERMS 13a. THIS CONTRACT IS ARATED ORDER UNDERDPAS (15 CFR 700)13b. RATING14. METHOD OF SOLICITATIONRFQIFBRFP15. DELIVER TOCODE16. ADMINISTERED BYCODE17a. CONTRACTOR/OFFERORCODEFACILITY CODE18a. PAYMENT WILL BE MADE BYCODETELEPHONE NO.DUNS:DUNS+4:PHONE:FAX:17b. CHECK IF REMITTANCE IS DIFFERENT AND PUT SUCH ADDRESS IN OFFER18b. SUBMIT INVOICES TO ADDRESS SHOWN IN BLOCK 18a UNLESS BLOCK BELOW IS CHECKEDSEE ADDENDUM19.20.21.22.23.24.ITEM NO.SCHEDULE OF SUPPLIES/SERVICESQUANTITYUNITUNIT PRICEAMOUNT(Use Reverse and/or Attach Additional Sheets as Necessary)25. ACCOUNTING AND APPROPRIATION DATA26. TOTAL AWARD AMOUNT (For Govt. Use Only)27a. SOLICITATION INCORPORATES BY REFERENCE FAR 52.212-1, 52.212-4. FAR 52.212-3 AND 52.212-5 ARE ATTACHED. ADDENDAAREARE NOT ATTACHED.27b. CONTRACT/PURCHASE ORDER INCORPORATES BY REFERENCE FAR 52.212-4. FAR 52.212-5 IS ATTACHED. ADDENDAAREARE NOT ATTACHED28. CONTRACTOR IS REQUIRED TO SIGN THIS DOCUMENT AND RETURN _______________29. AWARD OF CONTRACT: REF. ___________________________________ OFFERCOPIES TO ISSUING OFFICE. CONTRACTOR AGREES TO FURNISH ANDDATED ________________________________. YOUR OFFER ON SOLICITATIONDELIVER ALL ITEMS SET FORTH OR OTHERWISE IDENTIFIED ABOVE AND ON ANY(BLOCK 5), INCLUDING ANY ADDITIONS OR CHANGES WHICH AREADDITIONAL SHEETS SUBJECT TO THE TERMS AND CONDITIONS SPECIFIEDSET FORTH HEREIN IS ACCEPTED AS TO ITEMS:30a. SIGNATURE OF OFFEROR/CONTRACTOR31a. UNITED STATES OF AMERICA (SIGNATURE OF CONTRACTING OFFICER)30b. NAME AND TITLE OF SIGNER (TYPE OR PRINT)30c. DATE SIGNED31b. NAME OF CONTRACTING OFFICER (TYPE OR PRINT)31c. DATE SIGNEDAUTHORIZED FOR LOCAL REPRODUCTION(REV. 2/2012)PREVIOUS EDITION IS NOT USABLEPrescribed by GSA - FAR (48 CFR) 53.2127. FOR SOLICITATIONINFORMATION CALL:STANDARD FORM 1449OFFEROR TO COMPLETE BLOCKS 12, 17, 23, 24, & 30133SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMSVA786-14-R-001111-22-2013Katherine Iacovelli540-658-723112-17-20133:00 ET43C1Department of Veterans AffairsNCA Contracting Service75 Barrett Heights Rd. Suite 309Stafford VA 22556X100X812220$19 Million N/AXFt Bayard National Cemetery200 Camina De PazFt Bayard NM 8806343C1Department of Veterans AffairsNCA Contracting Service75 Barrett Heights Rd. Suite 309Stafford VA 2255643C1Department of Veterans AffairsNCA Finance OfficePO Box 149971Austin TX 78714Base and 4 Option Years if exercised for Grounds MaintenanceThis includes, but is not limited to, mowing, trimming, 0janitorial, interments, headstone setting, raise/realign.100% set aside for SDVOSBDUNS#_________________________________ 0Email Address:____________________________________ 0Tel:____________________________________ 0Send proposal to address in Block 9, Attn: KatherineFailure to submit all required documentation as required mayresult in your submission being determined non-responsiveand being removed from further consideration.XXTable of Contents TOC \o "1-4" \f \h \z \u \x SECTION B - CONTINUATION OF SF 1449 BLOCKS PAGEREF _Toc372896218 \h 4B.1 CONTRACT ADMINISTRATION DATA PAGEREF _Toc372896219 \h 4B.2 LIMITATIONS ON SUBCONTRACTING-- MONITORING AND COMPLIANCE (JUN 2011) PAGEREF _Toc372896220 \h 6B.3 PRICE SCHEDULE OF SERVICES: BLOCK 19 AND BLOCK 20 PAGEREF _Toc372896221 \h 7B.4 PRICE SUMMARY TOTALS PAGEREF _Toc372896222 \h 18B.5 SITE VISIT: PAGEREF _Toc372896223 \h 18SECTION C - CONTRACT CLAUSES PAGEREF _Toc372896224 \h 19C.1 52.212-4 CONTRACT TERMS AND CONDITIONS—COMMERCIAL ITEMS (SEP 2013) PAGEREF _Toc372896225 \h 19C.2 52.216-18 ORDERING (OCT 1995) PAGEREF _Toc372896226 \h 23C.3 52.216-19 ORDER LIMITATIONS (OCT 1995) PAGEREF _Toc372896227 \h 24C.4 52.216-21 REQUIREMENTS (OCT 1995) PAGEREF _Toc372896228 \h 24C.5 52.252-2 CLAUSES INCORPORATED BY REFERENCE (FEB 1998) PAGEREF _Toc372896229 \h 25C.6 52.223-2 AFFIRMATIVE PROCUREMENT OF BIOBASED PRODUCTS UNDER SERVICE AND CONSTRUCTION CONTRACTS (SEP 2013) PAGEREF _Toc372896230 \h 25C.7 52.228-5 INSURANCE - WORK ON A GOVERNMENT INSTALLATION (JAN 1997) PAGEREF _Toc372896231 \h 26C.8 VAAR 852.203-70 COMMERCIAL ADVERTISING (JAN 2008) PAGEREF _Toc372896232 \h 27C.9 VAAR 852.203-71 DISPLAY OF DEPARTMENT OF VETERANS AFFAIRS HOTLINE POSTER (DEC 1992) PAGEREF _Toc372896233 \h 27C.10 VAAR 852.211-73 BRAND NAME OR EQUAL (JAN 2008) PAGEREF _Toc372896234 \h 27C11 VAAR 852.219-10 VA NOTICE OF TOTAL SERVICE-DISABLED VETERAN-OWNED SMALL BUSINESS SET-ASIDE (DEC 2009) PAGEREF _Toc372896235 \h 28C.12 852.232-72 ELECTRONIC SUBMISSION OF PAYMENT REQUESTS (NOV 2012) PAGEREF _Toc372896236 \h 29C.13 VAAR 852.237-70 CONTRACTOR RESPONSIBILITIES (APR 1984) PAGEREF _Toc372896237 \h 30C.14 VAAR 852.246-71 INSPECTION (JAN 2008) PAGEREF _Toc372896238 \h 30C.15 52.212-5 CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT STATUTES OR EXECUTIVE ORDERS—COMMERCIAL ITEMS (SEP 2013) PAGEREF _Toc372896239 \h 30SECTION D - CONTRACT DOCUMENTS, EXHIBITS, OR ATTACHMENTS PAGEREF _Toc372896240 \h 35ATTACHMENT (A) DEPARTMENT OF LABOR WAGE DETERMINATION PAGEREF _Toc372896242 \h 36ATTACHMENT (B) TECHNICAL SPECIFICATIONS PAGEREF _Toc372896244 \h 44ATTACHMENT (C) PERFORMANCE OF WORK REQUIREMENTS SUMMARY90ATTACHMENT (D) QUALITY ASSURANCE SURVEILLANCE PLAN…………………………….…..…….96ATTACHMENT (E) RECOMMENDED EQUIPMENT LIST PAGEREF _Toc372896246 \h 106ATTACHMENT (F) FORT BAYARD FLORAL/GROUNDS POLICY PAGEREF _Toc372896249 \h 107ATTACHMENT (G) CEMETERY MAPS PAGEREF _Toc372896251 \h 108ATTACHMENT (H) PAST PERFORMANCE QUESTIONNAIRE PAGEREF _Toc372896253 \h 110SECTION E - SOLICITATION PROVISIONS PAGEREF _Toc372896254 \h 111E.1 52.212-1 INSTRUCTIONS TO OFFERORS—COMMERCIAL ITEMS (JUL 2013) PAGEREF _Toc372896255 \h 111E.2 52.212-2 EVALUATION—COMMERCIAL ITEMS (JAN 1999) PAGEREF _Toc372896256 \h 113E.3 ADDITIONAL INSTRUCTIONS TO OFFERORS PAGEREF _Toc372896257 \h 115E.4 52.209-5 CERTIFICATION REGARDING RESPONSIBILITY MATTERS (APR 2010) PAGEREF _Toc372896258 \h 119E.5 52.209-7 INFORMATION REGARDING RESPONSIBILITY MATTERS (JUL 2013) PAGEREF _Toc372896259 \h 121E.6 52.216-1 TYPE OF CONTRACT (APR 1984) PAGEREF _Toc372896260 \h 122E.7 52.252-1 SOLICITATION PROVISIONS INCORPORATED BY REFERENCE (FEB 1998) PAGEREF _Toc372896261 \h 122E.8 52.233-2 SERVICE OF PROTEST (SEP 2006) PAGEREF _Toc372896262 \h 123E.9 VAAR 852.233-70 PROTEST CONTENT/ALTERNATIVE DISPUTE RESOLUTION (JAN 2008) PAGEREF _Toc372896263 \h 123E.10 VAAR 852.233-71 ALTERNATE PROTEST PROCEDURE (JAN 1998) PAGEREF _Toc372896264 \h 123E.11 VAAR 852.270-1 REPRESENTATIVES OF CONTRACTING OFFICERS (JAN 2008) PAGEREF _Toc372896265 \h 124E.12 52.212-3 OFFEROR REPRESENTATIONS AND CERTIFICATIONS—COMMERCIAL ITEMS (AUG 2013) PAGEREF _Toc372896266 \h 124SECTION B - CONTINUATION OF SF 1449 BLOCKSB.1 CONTRACT ADMINISTRATION DATA(continuation from Standard Form 1449, block 18A.)1. CONTRACT ADMINISTRATION: All contract administration matters will be handled by the following individuals: a. CONTRACTOR: ______________________________________________________________________________ _______________________________________ b. GOVERNMENT: Contracting Officer 00786 Department of Veterans AffairsNCA Contracting Service75 Barrett Heights Rd. Suite 309Stafford, VA 225562. CONTRACTOR REMITTANCE ADDRESS: All payments by the Government to the contractor will be made in accordance with:[X]52.232-34, Payment by Electronic Funds Transfer -Other than Central Contractor Registration3. INVOICES: Invoices shall be submitted in arrears: c. Other[X ] monthly after acceptance by Government4. GOVERNMENT INVOICE ADDRESS: All Invoices from the contractor shall be submitted electronically in accordance with VAAR Clause 852.232-72 Electronic Submission of Payment Requests.Contents of Invoice:Contractor Information (Name, Complete Address, Telephone Number, Taxpayer Identification Number)Date of InvoiceInvoice NumberPurchase Order Number (Only one purchase order may be included on each invoice submitted)Cemetery NameUnit CostTotal Invoice AmountService/Item(s) provided 5. SOLICITATIONS: Sealed offers for furnishing the supplies or services in the Schedule shall be received at the address specified in Block 9 of SF 1449 until the date and time specified in Block 8. CAUTION - LATE Submissions, Modifications, and Withdrawals: See provision 52.212-1. All offers are subject to all terms and conditions of this solicitation.?OFFERORS MUST COMPLETE AND RETURN ALL INFORMATION DESIGNATED IN FAR Provision 52.212-1, INSTRUCTIONS TO OFFERORS – COMMERCIAL ITEMS, PARAGRAPH b, PRIOR TO THE TIME SPECIFIED IN BLOCK 8 of SF 1449 IN ORDER TO BE CONSIDERED FOR AWARD AND THE INFORMATION SHALL BE FORWARDED TO THE ADDRESS IN BLOCK 9.7. ACKNOWLEDGEMENT OF AMENDMENTS: The offeror acknowledges receipt of amendments to the Solicitation numbered and dated as follows:AMENDMENT NO DATE_________________________ ___________________________________________ ___________________________________________ __________________8. MISSING PAGES:It is the responsibility of the offeror to examine this solicitation to verify that he or she has received all pages. In addition, in compiling this package, some pages may have been duplicated. If the offeror feels that pages are missing or duplicated, the offeror is encouraged to contact the Contracting Officer at the telephone number shown in Block 7B, Standard Form 1449, Solicitation / Contract / Order for Commercial Items.9. TIME OF DELIVERY: Work is to be performed Monday through Friday, 8:00 a.m. – 4:30 p.m., except Federal Holidays and except as defined in Block 8 of the SF 1449.10. OFFER ITEMS:Provide all necessary labor and materials necessary in order to provide delivery within (30) thirty calendar days after receipt of order. 11. ORDER PROCESSING SEQUENCEThe Department of Veterans Affairs, National Cemetery Administration, Contracting Service, is the only activity authorized to issue orders under this contract.All offers that fail to furnish required representations and certifications, past performance information or reject the terms and conditions of the solicitation shall be excluded from consideration.12. POST AWARD CONFERENCE: Prior to commencement of work, contract awardee is required to make an appointment with Contracting Officer’s Representative (COR) to assure that all parties understand all contractual obligations and the role that each party serves.13. GOVERNMENT HOLIDAYS:Holidays observed by the Federal Government:New Year's Day 1 January Martin Luther King's Birthday Third Monday in January President's Day Third Monday in February Memorial Day Last Monday in MayIndependence Day4 JulyLabor DayFirst Monday in SeptemberColumbus DaySecond Monday in OctoberVeterans Day11 November Thanksgiving Day4th Thursday in NovemberChristmas Day 25 December If a holiday falls on Sunday, the following Monday will be observed as the legal holiday. When a holiday falls on a Saturday, the preceding Friday is observed as a legal holiday by U.S. Government agencies. Also included would be any day specifically declared by the President of the United States of America as a national holiday.B.2 LIMITATIONS ON SUBCONTRACTING-- MONITORING AND COMPLIANCE (JUN 2011) This solicitation includes . Accordingly, any contract resulting from this solicitation will include this clause. The contractor is advised in performing contract administration functions, the CO may use the services of a support contractor(s) retained by VA to assist in assessing the contractor's compliance with the limitations on subcontracting or percentage of work performance requirements specified in the clause. To that end, the support contractor(s) may require access to contractor's offices where the contractor's business records or other proprietary data are retained and to review such business records regarding the contractor's compliance with this requirement. All support contractors conducting this review on behalf of VA will be required to sign an “Information Protection and Non-Disclosure and Disclosure of Conflicts of Interest Agreement” to ensure the contractor's business records or other proprietary data reviewed or obtained in the course of assisting the CO in assessing the contractor for compliance are protected to ensure information or data is not improperly disclosed or other impropriety occurs. Furthermore, if VA determines any services the support contractor(s) will perform in assessing compliance are advisory and assistance services as defined in FAR 2.101, Definitions, the support contractor(s) must also enter into an agreement with the contractor to protect proprietary information as required by FAR 9.505-4, obtaining access to proprietary information, paragraph (b). The contractor is required to cooperate fully and make available any records as may be required to enable the CO to assess the contractor's compliance with the limitations on subcontracting or percentage of work performance requirement.(End of Clause)SECTION B.3 - CONTINUATION OF SF 1449 BLOCKSB.3 PRICE SCHEDULE OF SERVICES: BLOCK 19 AND BLOCK 20 Base Year: Date of award thru September 30, 2014CLINNo.Supplies/ServicesEst. QtyUnitUnit PriceTotal Price001AGrounds Maintenance Services, Pre-Xeriscape ConversionTurf maintenance: including mowing and string trimming (improved turf areas, unimproved native turf areas, fence line); headstone/marker trimming; and blade-edging curbing, roads, and sidewalks;Plant material and planting bed maintenance, including trees and shrubs, vegetated edge, perimeter buffer, and wildflower areas;Weed, insect, pest, and disease control, and fertilization;Gravesite and landscape aggregate grooming and maintenance: 7,000 square feet8MO$__________$__________001BGrounds Maintenance Services, Post-Xeriscape ConversionGravesite and landscape aggregate grooming and maintenance;Turf maintenance: 26,000 square feet including mowing and string trimming (improved turf areas, unimproved native turf areas, fence line); and blade-edging curbing, roads, and sidewalks;Plant material and planting bed maintenance, including trees and shrubs, vegetated edge, perimeter buffer, and wildflower areas;Weed, insect, pest, and disease control, and fertilization4MO$__________$__________002AIrrigation System Maintenance and Operation, Pre-Xeriscape ConversionMaintenance of estimated 13-acre irrigation system, consisting mainly of spray heads for turf.8MO$__________$__________002AIrrigation System Maintenance and Operation, Post-Xeriscape ConversionMaintenance of estimated 13-acre irrigation system, consisting mainly of drip irrigation for xeriscape plants; some spray heads for 26,000 sf shelter turf area.4MO$__________$__________003Sunken Grave Repair30EA$__________$__________Headstone Setting, Maintenance, and Cleaning004Headstone Cleaning and Maintenance(3,700 upright headstones)3,700EA$__________$__________005Headstone Cleaning and Maintenance(500 flat markers)500EA$__________$__________006Headstone Setting and Alignment120EA$__________$__________007Raise & Realignment of Existing Headstones200EA$__________$__________Interment Operations: Transportation of casketed or cremated remains and floral arrangements from committal shelter to gravesite; placement of casket on lowering device or placement of cremains in ground or columbarium; including necessary weekends and holidays008Interment, Casket, Traditional:Grave Excavation and Backfilling60EA$__________$__________009Interment, Casket, Crypts:Grave Excavation and Backfilling10EA$__________$__________010Interment, Cremains, In-Ground:Grave Excavation and Backfilling60EA$__________$__________011Interment, Cremains, Columbarium:Niche Cover Removal and Installation10EA$__________$__________012Disinterment and Re-Interment, Cremains, In-Ground3EA$__________$__________Trash/Debris Management013Leaf, Tree Branch, and Debris Collection and Removal; Trash Removal12MO$__________$__________Facility Maintenance014Sweeping or blowing off of roads, parking lots, and walkways12MO$__________$__________015Snow and Ice Removal (including necessary weekends and holidays).5MO$__________$__________016Placement and Removal of Flags (Grave Flags)4,200EA$__________$__________017Placement and Removal of Flags (50 Avenue Flags) (twice yearly)100EA$__________$__________018Janitorial duties, cleaning, and maintenance of public restrooms, shop areas, committal shelter, etc. (est daily cleaning, 2 hrs/day, 52 weeks less 8 holidays)12MO$__________$__________ Total Price For the Base Year:$ _____________Option Year 1: October 1, 2014 thru September 30, 2015CLINNo.Supplies/ServicesEst. QtyUnitUnit PriceTotal Price101Grounds Maintenance ServicesGravesite and landscape aggregate grooming and maintenance;Turf maintenance: 26,000 square feet including mowing and string trimming (improved turf areas, unimproved native turf areas, fence line); and blade-edging curbing, roads, and sidewalks;Plant material and planting bed maintenance, including trees and shrubs, vegetated edge, perimeter buffer, and wildflower areas;Weed, insect, pest, and disease control, and fertilization12MO$__________$__________102Irrigation System Maintenance and OperationMaintenance of estimated 13-acre irrigation system, consisting mainly of drip irrigation and some spray heads for shelter turf area.12MO$__________$__________103Sunken Grave Repair30EA$__________$__________Headstone Setting, Maintenance, and Cleaning104Headstone Cleaning and Maintenance(3,800 upright headstones)3,800EA$__________$__________105Headstone Cleaning and Maintenance(500 flat markers)500EA$__________$__________106Headstone Setting and Alignment120EA$__________$__________107Raise & Realignment of Existing Headstones200EA$__________$__________Interment Operations108Interment, Casket, Traditional:Grave Excavation and Backfilling28EA$__________$__________109Interment, Casket, Crypts:Grave Excavation and Backfilling42EA$__________$__________110Interment, Cremains, In-Ground:Grave Excavation and Backfilling47EA$__________$__________111Interment, Cremains, Columbarium:Niche Cover Removal and Installation23EA$__________$__________112Disinterment and Re-Interment, Cremains, In-Ground3EA$__________$__________Trash/Debris Management113Leaf, Tree Branch, and Debris Collection and Removal; Trash Removal12MO$__________$__________Facility Maintenance114Sweeping or blowing off of roads, parking lots, and walkways12MO$__________$__________115Snow and Ice Removal (including necessary weekends and holidays).5MO$__________$__________116Placement and Removal of Flags (Grave Flags)4,300EA$__________$__________117Placement and Removal of Flags (50 Avenue Flags) (twice yearly)100EA$__________$__________118Janitorial duties, cleaning, and maintenance of public restrooms, shop areas, committal shelter, etc. (est daily cleaning, 2 hrs/day, 52 weeks less 8 holidays)12MO$__________$__________ Total Price For Option Year 1:$ _____________Option Year 2: October 1, 2015 thru September 30, 2016CLINNo.Supplies/ServicesEst. QtyUnitUnit PriceTotal Price201Grounds Maintenance Services12MO$__________$__________202Irrigation System Maintenance and Operation12MO$__________$__________203Sunken Grave Repair30EA$__________$__________Headstone Setting, Maintenance, and Cleaning204Headstone Cleaning and Maintenance(3,850 upright headstones)3,850EA$__________$__________205Headstone Cleaning and Maintenance(500 flat markers)500EA$__________$__________206Headstone Setting and Alignment120EA$__________$__________207Raise & Realignment of Existing Headstones200EA$__________$__________Interment Operations208Interment, Casket, Traditional:Grave Excavation and Backfilling28EA$__________$__________209Interment, Casket, Crypts:Grave Excavation and Backfilling42EA$__________$__________210Interment, Cremains, In-Ground:Grave Excavation and Backfilling47EA$__________$__________211Interment, Cremains, Columbarium:Niche Cover Removal and Installation23EA$__________$__________212Disinterment and Re-Interment, Cremains, In-Ground3EA$__________$__________Trash/Debris Management213Leaf, Tree Branch, and Debris Collection and Removal; Trash Removal12MO$__________$__________Facility Maintenance214Sweeping or blowing off of roads, parking lots, and walkways12MO$__________$__________215Snow and Ice Removal (including necessary weekends and holidays).5MO$__________$__________216Placement and Removal of Flags (Grave Flags)4,350EA$__________$__________217Placement and Removal of Flags (50 Avenue Flags) (twice yearly)100EA$__________$__________218Janitorial duties, cleaning, and maintenance of public restrooms, shop areas, committal shelter, etc. (est daily cleaning, 2 hrs/day, 52 weeks less 8 holidays)12MO$__________$__________ Total Price For Option Year 2:$ _____________Option Year 3: October 1, 2016 thru September 30, 2017CLINNo.Supplies/ServicesEst. QtyUnitUnit PriceTotal Price301Grounds Maintenance Services12MO$__________$__________302Irrigation System Maintenance and Operation12MO$__________$__________303Sunken Grave Repair30EA$__________$__________Headstone Setting, Maintenance, and Cleaning304Headstone Cleaning and Maintenance(3,900 upright headstones)3,900EA$__________$__________305Headstone Cleaning and Maintenance(500 flat markers)500EA$__________$__________306Headstone Setting and Alignment120EA$__________$__________307Raise & Realignment of Existing Headstones200EA$__________$__________Interment Operations308Interment, Casket, Traditional:Grave Excavation and Backfilling28EA$__________$__________309Interment, Casket, Crypts:Grave Excavation and Backfilling42EA$__________$__________310Interment, Cremains, In-Ground:Grave Excavation and Backfilling47EA$__________$__________311Interment, Cremains, Columbarium:Niche Cover Removal and Installation23EA$__________$__________312Disinterment and Re-Interment, Cremains, In-Ground3EA$__________$__________Trash/Debris Management313Leaf, Tree Branch, and Debris Collection and Removal; Trash Removal12MO$__________$__________Facility Maintenance314Sweeping or blowing off of roads, parking lots, and walkways12MO$__________$__________315Snow and Ice Removal (including necessary weekends and holidays).5MO$__________$__________316Placement and Removal of Flags (Grave Flags)4,400EA$__________$__________317Placement and Removal of Flags (50 Avenue Flags) (twice yearly)100EA$__________$__________318Janitorial duties, cleaning, and maintenance of public restrooms, shop areas, committal shelter, etc. (est daily cleaning, 2 hrs/day, 52 weeks less 8 holidays)12MO$__________$__________ Total Price For Option Year 3:$ _____________Option Year 4: October 1, 2017 thru September 30, 2018CLINNo.Supplies/ServicesEst. QtyUnitUnit PriceTotal Price401Grounds Maintenance Services12MO$__________$__________402Irrigation System Maintenance and Operation12MO$__________$__________403Sunken Grave Repair30EA$__________$__________Headstone Setting, Maintenance, and Cleaning404Headstone Cleaning and Maintenance(3,950 upright headstones)3,950EA$__________$__________405Headstone Cleaning and Maintenance(500 flat markers)500EA$__________$__________406Headstone Setting and Alignment120EA$__________$__________407Raise & Realignment of Existing Headstones200EA$__________$__________Interment Operations408Interment, Casket, Traditional:Grave Excavation and Backfilling28EA$__________$__________409Interment, Casket, Crypts:Grave Excavation and Backfilling42EA$__________$__________410Interment, Cremains, In-Ground:Grave Excavation and Backfilling47EA$__________$__________411Interment, Cremains, Columbarium:Niche Cover Removal and Installation23EA$__________$__________412Disinterment and Re-Interment, Cremains, In-Ground3EA$__________$__________Trash/Debris Management413Leaf, Tree Branch, and Debris Collection and Removal; Trash Removal12MO$__________$__________Facility Maintenance414Sweeping or blowing off of roads, parking lots, and walkways12MO$__________$__________415Snow and Ice Removal (including necessary weekends and holidays).5MO$__________$__________416Placement and Removal of Flags (Grave Flags)4,450EA$__________$__________417Placement and Removal of Flags (50 Avenue Flags) (twice yearly)100EA$__________$__________418Janitorial duties, cleaning, and maintenance of public restrooms, shop areas, committal shelter, etc. (est daily cleaning, 2 hrs/day, 52 weeks less 8 holidays)12MO$__________$__________ Total Price For Option Year 4:$ _____________B.4 PRICE SUMMARY TOTALS Total PriceBase Year – date of award thru 9/30/14:$_______________________Option Year I – 10/1/14 – 9/30/15:$ ______________________Option Year II – 10/1/15 – 9/30/16:$ ______________________Option Year III – 10/1/16 – 9/30/17:Option Year IV – 10/1/17 – 9/30/18: Grand Total (Base + all Option Years): $ ______________________PRICE SCHEDULE: Contractor shall provide all labor, supervision, material, equipment (see attachment F), tools and supplies to complete grave excavations, interments, and grounds and facility maintenance services to maintain Fort Bayard National Cemetery, 200 Camino De Paz, Ft. Bayard, NM 88036, following National Cemetery Administration standards. Contract period will consist of a base period from November 15, 2013 (or date of contract award), through September 30, 2014, with up to four (4) one-year options to extend the term of the contract through September 30, 2018. Units and services to be in accordance with Performance Work Statement, Technical Specifications, Performance Incentives/Disincentives, terms and conditions contained in this solicitation.POST AWARD CONFERENCE: Prior to commencement of work, contract awardee is required to make an appointment for a conference with the COR and/or Contracting Officer to assure that all parties understand all contractual obligations and the role that each party serves.All services described in the Work Statement, including technical specifications, schedules, addenda, clauses, terms and conditions of the contract shall form the complete scope of work. Period of performance is from date of award until 30 September 2014 for the base year with four (4) one (1) year options. The schedule price shall be all-inclusive, including all labor, equipment, materials, and supplies to complete the Contract Line Item (CLIN(s)).B5 SITE VISIT: Offerors or quoters are urged and expected to inspect all sites where services are to be performed and to satisfy themselves regarding all general and local conditions that may affect the cost of contract performance. In no event shall failure to inspect a one or all sites constitute grounds for a claim after contract award. There will be one site visit. At this time it has not been scheduled. As soon as it is, there will be an amendment posted to the solicitation with the information.Andrew Matthews, Cemetery Director, Fort Bliss National Cemetery:(915) 564-0201 ext: 110SECTION C - CONTRACT CLAUSESC.1 52.212-4 CONTRACT TERMS AND CONDITIONS—COMMERCIAL ITEMS (SEP 2013) (a) Inspection/Acceptance. The Contractor shall only tender for acceptance those items that conform to the requirements of this contract. The Government reserves the right to inspect or test any supplies or services that have been tendered for acceptance. The Government may require repair or replacement of nonconforming supplies or reperformance of nonconforming services at no increase in contract price. If repair/replacement or reperformance will not correct the defects or is not possible, the Government may seek an equitable price reduction or adequate consideration for acceptance of nonconforming supplies or services. The Government must exercise its post-acceptance rights— (1) Within a reasonable time after the defect was discovered or should have been discovered; and (2) Before any substantial change occurs in the condition of the item, unless the change is due to the defect in the item. (b) Assignment. The Contractor or its assignee may assign its rights to receive payment due as a result of performance of this contract to a bank, trust company, or other financing institution, including any Federal lending agency in accordance with the Assignment of Claims Act (31 U.S.C. 3727). However, when a third party makes payment (e.g., use of the Governmentwide commercial purchase card), the Contractor may not assign its rights to receive payment under this contract. (c) Changes. Changes in the terms and conditions of this contract may be made only by written agreement of the parties. (d) Disputes. This contract is subject to the Contract Disputes Act of 1978, as amended (41 U.S.C. 601-613). Failure of the parties to this contract to reach agreement on any request for equitable adjustment, claim, appeal or action arising under or relating to this contract shall be a dispute to be resolved in accordance with the clause at FAR 52.233-1, Disputes, which is incorporated herein by reference. The Contractor shall proceed diligently with performance of this contract, pending final resolution of any dispute arising under the contract. (e) Definitions. The clause at FAR 52.202-1, Definitions, is incorporated herein by reference. (f) Excusable delays. The Contractor shall be liable for default unless nonperformance is caused by an occurrence beyond the reasonable control of the Contractor and without its fault or negligence such as, acts of God or the public enemy, acts of the Government in either its sovereign or contractual capacity, fires, floods, epidemics, quarantine restrictions, strikes, unusually severe weather, and delays of common carriers. The Contractor shall notify the Contracting Officer in writing as soon as it is reasonably possible after the commencement of any excusable delay, setting forth the full particulars in connection therewith, shall remedy such occurrence with all reasonable dispatch, and shall promptly give written notice to the Contracting Officer of the cessation of such occurrence. (g) Invoice. (1) The Contractor shall submit an original invoice and three copies (or electronic invoice, if authorized) to the address designated in the contract to receive invoices. An invoice must include— (i) Name and address of the Contractor; (ii) Invoice date and number; (iii) Contract number, contract line item number and, if applicable, the order number; (iv) Description, quantity, unit of measure, unit price and extended price of the items delivered; (v) Shipping number and date of shipment, including the bill of lading number and weight of shipment if shipped on Government bill of lading; (vi) Terms of any discount for prompt payment offered; (vii) Name and address of official to whom payment is to be sent; (viii) Name, title, and phone number of person to notify in event of defective invoice; and (ix) Taxpayer Identification Number (TIN). The Contractor shall include its TIN on the invoice only if required elsewhere in this contract. (x) Electronic funds transfer (EFT) banking information. (A) The Contractor shall include EFT banking information on the invoice only if required elsewhere in this contract. (B) If EFT banking information is not required to be on the invoice, in order for the invoice to be a proper invoice, the Contractor shall have submitted correct EFT banking information in accordance with the applicable solicitation provision, contract clause (e.g., 52.232-33, Payment by Electronic Funds Transfer—System for Award Management, or 52.232-34, Payment by Electronic Funds Transfer—Other Than System for Award Management), or applicable agency procedures. (C) EFT banking information is not required if the Government waived the requirement to pay by EFT. (2) Invoices will be handled in accordance with the Prompt Payment Act (31 U.S.C. 3903) and Office of Management and Budget (OMB) prompt payment regulations at 5 CFR part 1315. (h) Patent indemnity. The Contractor shall indemnify the Government and its officers, employees and agents against liability, including costs, for actual or alleged direct or contributory infringement of, or inducement to infringe, any United States or foreign patent, trademark or copyright, arising out of the performance of this contract, provided the Contractor is reasonably notified of such claims and proceedings. (i) Payment.— (1) Items accepted. Payment shall be made for items accepted by the Government that have been delivered to the delivery destinations set forth in this contract. (2) Prompt payment. The Government will make payment in accordance with the Prompt Payment Act (31 U.S.C. 3903) and prompt payment regulations at 5 CFR part 1315. (3) Electronic Funds Transfer (EFT). If the Government makes payment by EFT, see 52.212-5(b) for the appropriate EFT clause. (4) Discount. In connection with any discount offered for early payment, time shall be computed from the date of the invoice. For the purpose of computing the discount earned, payment shall be considered to have been made on the date which appears on the payment check or the specified payment date if an electronic funds transfer payment is made. (5) Overpayments. If the Contractor becomes aware of a duplicate contract financing or invoice payment or that the Government has otherwise overpaid on a contract financing or invoice payment, the Contractor shall— (i) Remit the overpayment amount to the payment office cited in the contract along with a description of the overpayment including the— (A) Circumstances of the overpayment (e.g., duplicate payment, erroneous payment, liquidation errors, date(s) of overpayment); (B) Affected contract number and delivery order number, if applicable; (C) Affected contract line item or subline item, if applicable; and (D) Contractor point of contact. (ii) Provide a copy of the remittance and supporting documentation to the Contracting Officer. (6) Interest. (i) All amounts that become payable by the Contractor to the Government under this contract shall bear simple interest from the date due until paid unless paid within 30 days of becoming due. The interest rate shall be the interest rate established by the Secretary of the Treasury as provided in Section 611 of the Contract Disputes Act of 1978 (Public Law 95-563), which is applicable to the period in which the amount becomes due, as provided in (i)(6)(v) of this clause, and then at the rate applicable for each six-month period as fixed by the Secretary until the amount is paid. (ii) The Government may issue a demand for payment to the Contractor upon finding a debt is due under the contract. (iii) Final decisions. The Contracting Officer will issue a final decision as required by 33.211 if— (A) The Contracting Officer and the Contractor are unable to reach agreement on the existence or amount of a debt within 30 days; (B) The Contractor fails to liquidate a debt previously demanded by the Contracting Officer within the timeline specified in the demand for payment unless the amounts were not repaid because the Contractor has requested an installment payment agreement; or (C) The Contractor requests a deferment of collection on a debt previously demanded by the Contracting Officer (see 32.607-2). (iv) If a demand for payment was previously issued for the debt, the demand for payment included in the final decision shall identify the same due date as the original demand for payment. (v) Amounts shall be due at the earliest of the following dates: (A) The date fixed under this contract. (B) The date of the first written demand for payment, including any demand for payment resulting from a default termination. (vi) The interest charge shall be computed for the actual number of calendar days involved beginning on the due date and ending on— (A) The date on which the designated office receives payment from the Contractor; (B) The date of issuance of a Government check to the Contractor from which an amount otherwise payable has been withheld as a credit against the contract debt; or (C) The date on which an amount withheld and applied to the contract debt would otherwise have become payable to the Contractor. (vii) The interest charge made under this clause may be reduced under the procedures prescribed in 32.608-2 of the Federal Acquisition Regulation in effect on the date of this contract. (j) Risk of loss. Unless the contract specifically provides otherwise, risk of loss or damage to the supplies provided under this contract shall remain with the Contractor until, and shall pass to the Government upon: (1) Delivery of the supplies to a carrier, if transportation is f.o.b. origin; or (2) Delivery of the supplies to the Government at the destination specified in the contract, if transportation is f.o.b. destination. (k) Taxes. The contract price includes all applicable Federal, State, and local taxes and duties. (l) Termination for the Government's convenience. The Government reserves the right to terminate this contract, or any part hereof, for its sole convenience. In the event of such termination, the Contractor shall immediately stop all work hereunder and shall immediately cause any and all of its suppliers and subcontractors to cease work. Subject to the terms of this contract, the Contractor shall be paid a percentage of the contract price reflecting the percentage of the work performed prior to the notice of termination, plus reasonable charges the Contractor can demonstrate to the satisfaction of the Government using its standard record keeping system, have resulted from the termination. The Contractor shall not be required to comply with the cost accounting standards or contract cost principles for this purpose. This paragraph does not give the Government any right to audit the Contractor's records. The Contractor shall not be paid for any work performed or costs incurred which reasonably could have been avoided. (m) Termination for cause. The Government may terminate this contract, or any part hereof, for cause in the event of any default by the Contractor, or if the Contractor fails to comply with any contract terms and conditions, or fails to provide the Government, upon request, with adequate assurances of future performance. In the event of termination for cause, the Government shall not be liable to the Contractor for any amount for supplies or services not accepted, and the Contractor shall be liable to the Government for any and all rights and remedies provided by law. If it is determined that the Government improperly terminated this contract for default, such termination shall be deemed a termination for convenience. (n) Title. Unless specified elsewhere in this contract, title to items furnished under this contract shall pass to the Government upon acceptance, regardless of when or where the Government takes physical possession. (o) Warranty. The Contractor warrants and implies that the items delivered hereunder are merchantable and fit for use for the particular purpose described in this contract. (p) Limitation of liability. Except as otherwise provided by an express warranty, the Contractor will not be liable to the Government for consequential damages resulting from any defect or deficiencies in accepted items. (q) Other compliances. The Contractor shall comply with all applicable Federal, State and local laws, executive orders, rules and regulations applicable to its performance under this contract. (r) Compliance with laws unique to Government contracts. The Contractor agrees to comply with 31 U.S.C. 1352 relating to limitations on the use of appropriated funds to influence certain Federal contracts; 18 U.S.C. 431 relating to officials not to benefit; 40 U.S.C. 3701, et seq., Contract Work Hours and Safety Standards Act; 41 U.S.C. 51-58, Anti-Kickback Act of 1986; 41 U.S.C. 4712 and 10 U.S.C. 2409 relating to whistleblower protections; 49 U.S.C. 40118, Fly American; and 41 U.S.C. 423 relating to procurement integrity. (s) Order of precedence. Any inconsistencies in this solicitation or contract shall be resolved by giving precedence in the following order: (1) The schedule of supplies/services. (2) The Assignments, Disputes, Payments, Invoice, Other Compliances, Compliance with Laws Unique to Government Contracts, and Unauthorized Obligations paragraphs of this clause; (3) The clause at 52.212-5. (4) Addenda to this solicitation or contract, including any license agreements for computer software. (5) Solicitation provisions if this is a solicitation. (6) Other paragraphs of this clause. (7) The Standard Form 1449. (8) Other documents, exhibits, and attachments (9) The specification. (t) System for Award Management (SAM). (1) Unless exempted by an addendum to this contract, the Contractor is responsible during performance and through final payment of any contract for the accuracy and completeness of the data within the SAM database, and for any liability resulting from the Government's reliance on inaccurate or incomplete data. To remain registered in the SAM database after the initial registration, the Contractor is required to review and update on an annual basis from the date of initial registration or subsequent updates its information in the SAM database to ensure it is current, accurate and complete. Updating information in the SAM does not alter the terms and conditions of this contract and is not a substitute for a properly executed contractual document. (2)(i) If a Contractor has legally changed its business name, "doing business as" name, or division name (whichever is shown on the contract), or has transferred the assets used in performing the contract, but has not completed the necessary requirements regarding novation and change-of-name agreements in FAR subpart 42.12, the Contractor shall provide the responsible Contracting Officer a minimum of one business day's written notification of its intention to (A) change the name in the SAM database; (B) comply with the requirements of subpart 42.12; and (C) agree in writing to the timeline and procedures specified by the responsible Contracting Officer. The Contractor must provide with the notification sufficient documentation to support the legally changed name. (ii) If the Contractor fails to comply with the requirements of paragraph (t)(2)(i) of this clause, or fails to perform the agreement at paragraph (t)(2)(i)(C) of this clause, and, in the absence of a properly executed novation or change-of-name agreement, the SAM information that shows the Contractor to be other than the Contractor indicated in the contract will be considered to be incorrect information within the meaning of the "Suspension of Payment" paragraph of the electronic funds transfer (EFT) clause of this contract. (3) The Contractor shall not change the name or address for EFT payments or manual payments, as appropriate, in the SAM record to reflect an assignee for the purpose of assignment of claims (see Subpart 32.8, Assignment of Claims). Assignees shall be separately registered in the SAM database. Information provided to the Contractor's SAM record that indicates payments, including those made by EFT, to an ultimate recipient other than that Contractor will be considered to be incorrect information within the meaning of the "Suspension of payment" paragraph of the EFT clause of this contract. (4) Offerors and Contractors may obtain information on registration and annual confirmation requirements via SAM accessed through . (u) Unauthorized Obligations. (1) Except as stated in paragraph (u)(2) of this clause, when any supply or service acquired under this contract is subject to any End User License Agreement (EULA), Terms of Service (TOS), or similar legal instrument or agreement, that includes any clause requiring the Government to indemnify the Contractor or any person or entity for damages, costs, fees, or any other loss or liability that would create an Anti-Deficiency Act violation (31 U.S.C. 1341), the following shall govern: (i) Any such clause is unenforceable against the Government. (ii) Neither the Government nor any Government authorized end user shall be deemed to have agreed to such clause by virtue of it appearing in the EULA, TOS, or similar legal instrument or agreement. If the EULA, TOS, or similar legal instrument or agreement is invoked through an “I agree” click box or other comparable mechanism (e.g., “click-wrap” or “browse-wrap” agreements), execution does not bind the Government or any Government authorized end user to such clause. (iii) Any such clause is deemed to be stricken from the EULA, TOS, or similar legal instrument or agreement. (2) Paragraph (u)(1) of this clause does not apply to indemnification by the Government that is expressly authorized by statute and specifically authorized under applicable agency regulations and procedures.(End of Clause)ADDENDUM to FAR 52.212-4 CONTRACT TERMS AND CONDITIONS—COMMERCIAL ITEMS Clauses that are incorporated by reference (by Citation Number, Title, and Date), have the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. The following clauses are incorporated into 52.212-4 as an addendum to this contract:C.2 52.208-9 CONTRACTOR USE OF MANDATORY SOURCES OF SUPPLY OR SERVICES (OCT 2008)(a) Certain supplies or services to be provided under this contract for use by the Government are required by law to be obtained from nonprofit agencies participating in the program operated by the Committee for Purchase from People Who Are Blind or Severely Disabled (the Committee) under the Javits-Wagner-O’Day Act (41 U.S.C. 48). Additionally, certain of these supplies are available from the Defense Logistics Agency (DLA), the General Services Administration (GSA), or the Department of Veterans Affairs (VA). The Contractor shall obtain mandatory supplies or services to be provided for Government use under this contract from the specific sources indicated in the contract schedule.(b) The Contractor shall immediately notify the Contracting Officer if a mandatory source is unable to provide the supplies or services by the time required, or if the quality of supplies or services provided by the mandatory source is unsatisfactory. The Contractor shall not purchase the supplies or services from other sources until the Contracting Officer has notified the Contractor that the Committee or an AbilityOne central nonprofit agency has authorized purchase from other sources.(c) Price and delivery information for the mandatory supplies is available from the Contracting Officer for the supplies obtained through the DLA/GSA/VA distribution facilities. For mandatory supplies or services that are not available from DLA/GSA/VA, price and delivery information is available from the appropriate central nonprofit agency. Payments shall be made directly to the source making delivery. Points of contact for AbilityOne central nonprofit agencies are:(1) National Industries for the Blind (NIB)1310 Braddock PlaceAlexandria, VA 22314-1691(703) 310-0500; and(2) NISH8401 Old Courthouse RoadVienna, VA 22182(571) 226-4660.(End of Clause)C.3 52.216-18 ORDERING (OCT 1995) (a) Any supplies and services to be furnished under this contract shall be ordered by issuance of delivery orders or task orders by the individuals or activities designated in the Schedule. Such orders may be issued from the effective date of the contract through end date of the contract. (b) All delivery orders or task orders are subject to the terms and conditions of this contract. In the event of conflict between a delivery order or task order and this contract, the contract shall control. (c) If mailed, a delivery order or task order is considered "issued" when the Government deposits the order in the mail. Orders may be issued orally, by facsimile, or by electronic commerce methods only if authorized in the Schedule.(End of Clause)C.4 52.216-19 ORDER LIMITATIONS (OCT 1995) (a) Minimum order. When the Government requires supplies or services covered by this contract in an amount of less than $1.00, the Government is not obligated to purchase, nor is the Contractor obligated to furnish, those supplies or services under the contract. (b) Maximum order. The Contractor is not obligated to honor— (1) Any order for a single item in excess of $100,000.00; (2) Any order for a combination of items in excess of $100,000.00; or (3) A series of orders from the same ordering office within 1 days that together call for quantities exceeding the limitation in paragraph (b)(1) or (2) of this section. (c) If this is a requirements contract (i.e., includes the Requirements clause at subsection 52.216-21 of the Federal Acquisition Regulation (FAR)), the Government is not required to order a part of any one requirement from the Contractor if that requirement exceeds the maximum-order limitations in paragraph (b) of this section. (d) Notwithstanding paragraphs (b) and (c) of this section, the Contractor shall honor any order exceeding the maximum order limitations in paragraph (b), unless that order (or orders) is returned to the ordering office within 10 days after issuance, with written notice stating the Contractor's intent not to ship the item (or items) called for and the reasons. Upon receiving this notice, the Government may acquire the supplies or services from another source.(End of Clause)C.5 52.216-21 REQUIREMENTS (OCT 1995) (a) This is a requirements contract for the supplies or services specified, and effective for the period stated, in the Schedule. The quantities of supplies or services specified in the Schedule are estimates only and are not purchased by this contract. Except as this contract may otherwise provide, if the Government's requirements do not result in orders in the quantities described as "estimated" or "maximum" in the Schedule, that fact shall not constitute the basis for an equitable price adjustment. (b) Delivery or performance shall be made only as authorized by orders issued in accordance with the Ordering clause. Subject to any limitations in the Order Limitations clause or elsewhere in this contract, the Contractor shall furnish to the Government all supplies or services specified in the Schedule and called for by orders issued in accordance with the Ordering clause. The Government may issue orders requiring delivery to multiple destinations or performance at multiple locations. (c) Except as this contract otherwise provides, the Government shall order from the Contractor all the supplies or services specified in the Schedule that are required to be purchased by the Government activity or activities specified in the Schedule. (d) The Government is not required to purchase from the Contractor requirements in excess of any limit on total orders under this contract. (e) If the Government urgently requires delivery of any quantity of an item before the earliest date that delivery may be specified under this contract, and if the Contractor will not accept an order providing for the accelerated delivery, the Government may acquire the urgently required goods or services from another source. (f) Any order issued during the effective period of this contract and not completed within that period shall be completed by the Contractor within the time specified in the order. The contract shall govern the Contractor's and Government's rights and obligations with respect to that order to the same extent as if the order were completed during the contract's effective period; provided, that the Contractor shall not be required to make any deliveries under this contract after the year in which this contract/Option Years are exercised.(End of Clause)C.6 52.252-2 CLAUSES INCORPORATED BY REFERENCE (FEB 1998) This contract incorporates one or more clauses by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. Also, the full text of a clause may be accessed electronically at this/these address(es): (End of Clause)52.203-3GRATUITIESAPR 198452.204-4PRINTED OR COPIED DOUBLE-SIDED ON POST CONSUMERFIBER CONTENT PAPERMAY 201152.204-9PERSONAL IDENTITY VERIFICATION OFJAN 2011 CONTRACTOR PERSONNEL52.217-8OPTION TO EXTEND SERVICESNOV 199952.217-9OPTION TO EXTEND THE TERM OF THE CONTRACTMAR 200052.223-10WASTE REDUCTION PROGRAMAUG 200052.223-17AFFIRMATIVE PROCUREMENT OF MAY 2008EPA-DESIGNATED ITEMS IN SERVICE ANDCONSTRUCTION CONTRACTS52.223-18CONTRACTOR POLICY TO BAN TEXT MESSAGINGSEPT 2010WHILE DRIVING52.232-18AVAILABILITY OF FUNDSAPR 198452.232-19AVAILABILITY OF FUNDS FOR THE NEXT FISCAL YEARAPR 198452.237-2PROTECTION OF GOVERNMENT BUILDINGS,APR 1984 EQUIPMENT, AND VEGETATION52.237-352.242-13BANKRUPTCYJUL 199552.242-15STOP-WORK ORDERAUG 198952.243-1 ACHANGES-FIXED PRICE Alt 1APR 198452.246-4INSPECTION OF SERVICESAUG 199652.249-8DEFAULTAPR 1984C.7 52.223-2 AFFIRMATIVE PROCUREMENT OF BIOBASED PRODUCTS UNDER SERVICE AND CONSTRUCTION CONTRACTS (SEP 2013) (a) In the performance of this contract, the contractor shall make maximum use of biobased products that are United States Department of Agriculture (USDA)-designated items unless-- (1) The product cannot be acquired-- (i) Competitively within a time frame providing for compliance with the contract performance schedule; (ii) Meeting contract performance requirements; or (iii) At a reasonable price. (2) The product is to be used in an application covered by a USDA categorical exemption (see 7 CFR 3201.3(e)). For example, all USDA-designated items are exempt from the preferred procurement requirement for the following: (i) Spacecraft system and launch support equipment. (ii) Military equipment, i.e., a product or system designed or procured for combat or combat-related missions. (b) Information about this requirement and these products is available at . (c) In the performance of this contract, the Contractor shall-- (1) Report to , with a copy to the Contracting Officer, on the product types and dollar value of any USDA-designated biobased products purchased by the Contractor during the previous Government fiscal year, between October 1 and September 30; and (2) Submit this report no later than-- (i) October 31 of each year during contract performance; and (ii) At the end of contract performance.(End of Clause)C.8 52.228-5 INSURANCE - WORK ON A GOVERNMENT INSTALLATION (JAN 1997) (a) The Contractor shall, at its own expense, provide and maintain during the entire performance of this contract, at least the kinds and minimum amounts of insurance required in the Schedule or elsewhere in the contract. (b) Before commencing work under this contract, the Contractor shall notify the Contracting Officer in writing that the required insurance has been obtained. The policies evidencing required insurance shall contain an endorsement to the effect that any cancellation or any material change adversely affecting the Government's interest shall not be effective-- (1) For such period as the laws of the State in which this contract is to be performed prescribe; or (2) Until 30 days after the insurer or the Contractor gives written notice to the Contracting Officer, whichever period is longer. (c) The Contractor shall insert the substance of this clause, including this paragraph (c), in subcontracts under this contract that require work on a Government installation and shall require subcontractors to provide and maintain the insurance required in the Schedule or elsewhere in the contract. The Contractor shall maintain a copy of all subcontractors' proofs of required insurance, and shall make copies available to the Contracting Officer upon request.(End of Clause)SUPPLEMENTAL INSURANCE REQUIREMENTSIn accordance with FAR 28.307-2 and FAR 52.228-5, the following minimum coverage shall apply to this contract:Workers’ compensation and employer’s liability: Contractors are required to comply with applicable Federal and State workers’ compensation and occupational disease statues. If occupational diseases are not compensable under those statues, they shall be covered under the employer’s liability section of the insurance policy, except when contract operations are so commingled with a Contractor’s commercial operations that it would not be practical to require this coverage. Employer’s liability coverage of at least $100,000 is required, except in States with exclusive or monopolistic funds that do not permit workers’ compensation to be written by private carriers.General Liability: $500,000 per occurrences.Automobile Liability: $200,000.00 person; $500,000.00 per occurrence and $200,000.00 property damage.The successful bidder must present to the Contracting Officer, prior to award, evidence of general liability insurance without any exclusionary clauses for asbestos that would void the general liability coverage.C.9 VAAR 852.203-70 COMMERCIAL ADVERTISING (JAN 2008) The bidder or offeror agrees that if a contract is awarded to him/her, as a result of this solicitation, he/she will not advertise the award of the contract in his/her commercial advertising in such a manner as to state or imply that the Department of Veterans Affairs endorses a product, project or commercial line of endeavor.(End of Clause)C.10 VAAR 852.203-71 DISPLAY OF DEPARTMENT OF VETERANS AFFAIRS HOTLINE POSTER (DEC 1992) (a) Except as provided in paragraph (c) below, the Contractor shall display prominently, in common work areas within business segments performing work under VA contracts, Department of Veterans Affairs Hotline posters prepared by the VA Office of Inspector General. (b) Department of Veterans Affairs Hotline posters may be obtained from the VA Office of Inspector General (53E), P.O. Box 34647, Washington, DC 20043-4647. (c) The Contractor need not comply with paragraph (a) above if the Contractor has established a mechanism, such as a hotline, by which employees may report suspected instances of improper conduct, and instructions that encourage employees to make such reports.(End of Clause)C.11 VAAR 852.211-73 BRAND NAME OR EQUAL (JAN 2008)(Note: As used in this clause, the term “brand name” includes identification of products by make and model.)(a) If items called for by this invitation for bids have been identified in the schedule by a “brand name or equal” description, such identification is intended to be descriptive, but not restrictive, and is to indicate the quality and characteristics of products that will be satisfactory. Bids offering “equal” products (including products of the brand name manufacturer other than the one described by brand name) will be considered for award if such products are clearly identified in the bids and are determined by the Government to meet fully the salient characteristics requirements listed in the invitation.(b) Unless the bidder clearly indicates in the bid that the bidder is offering an “equal” product, the bid shall be considered as offering a brand name product referenced in the invitation for bids.(c) (1) If the bidder proposes to furnish an “equal” product, the brand name, if any, of the product to be furnished shall be inserted in the space provided in the invitation for bids, or such product shall be otherwise clearly identified in the bid. The evaluation of bids and the determination as to equality of the product offered shall be the responsibility of the Government and will be based on information furnished by the bidder or identified in his/her bid as well as other information reasonably available to the purchasing activity. CAUTION TO BIDDERS. The purchasing activity is not responsible for locating or securing any information that is not identified in the bid and reasonably available to the purchasing activity. Accordingly, to insure that sufficient information is available, the bidder must furnish as a part of his/her bid all descriptive material (such as cuts, illustrations, drawings or other information) necessary for the purchasing activity to:(i) Determine whether the product offered meets the salient characteristics requirement of the Invitation for Bids, and(ii) Establish exactly what the bidder proposes to furnish and what the Government would be binding itself to purchase by making an award. The information furnished may include specific references to information previously furnished or to information otherwise available to the purchasing activity.(2) If the bidder proposes to modify a product so as to make it conform to the requirements of the Invitation for Bids, he/she shall:(i) Include in his/her bid a clear description of such proposed modifications, and(ii) Clearly mark any descriptive material to show the proposed modifications.(3) Modifications proposed after bid opening to make a product conform to a brand name product referenced in the Invitation for Bids will not be considered.(End of Clause)C12 VAAR 852.219-10 VA NOTICE OF TOTAL SERVICE-DISABLED VETERAN-OWNED SMALL BUSINESS SET-ASIDE (DEC 2009) (a) Definition. For the Department of Veterans Affairs, "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 (or eligible surviving spouses); (ii) The management and daily business operations of which are controlled by one or more service-disabled veterans (or eligible surviving spouses) or, in the case of a service-disabled veteran with permanent and severe disability, the spouse or permanent caregiver of such veteran; (iii) The business meets Federal small business size standards for the applicable North American Industry Classification System (NAICS) code identified in the solicitation document; and (iv) The business has been verified for ownership and control and is so listed in the Vendor Information Pages database, (). (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). (b) General. (1) Offers are solicited only from service-disabled veteran-owned small business concerns. Offers received from concerns that are not service-disabled veteran-owned small business concerns shall not be considered. (2) Any award resulting from this solicitation shall be made to a service-disabled veteran-owned small business concern. (c) Agreement. A service-disabled veteran-owned small business concern agrees that in the performance of the contract, in the case of a contract for: (1) Services (except construction), at least 50 percent of the cost of personnel for contract performance will be spent for employees of the concern or employees of other eligible service-disabled veteran-owned small business concerns; (2) Supplies (other than acquisition from a nonmanufacturer of the supplies), at least 50 percent of the cost of manufacturing, excluding the cost of materials, will be performed by the concern or other eligible service-disabled veteran-owned small business concerns; (3) General construction, at least 15 percent of the cost of the contract performance incurred for personnel will be spent on the concern's employees or the employees of other eligible service-disabled veteran-owned small business concerns; or (4) Construction by special trade contractors, at least 25 percent of the cost of the contract performance incurred for personnel will be spent on the concern's employees or the employees of other eligible service-disabled veteran-owned small business concerns. (d) A joint venture may be considered a service-disabled veteran owned small business concern if-- (1) At least one member of the joint venture is a service-disabled veteran-owned small business concern, and makes the following representations: That it is a service-disabled veteran-owned small business concern, and that it is a small business concern under the North American Industry Classification Systems (NAICS) code assigned to the procurement; (2) Each other concern is small under the size standard corresponding to the NAICS code assigned to the procurement; and (3) The joint venture meets the requirements of paragraph 7 of the explanation of Affiliates in 19.101 of the Federal Acquisition Regulation. (4) The joint venture meets the requirements of 13 CFR 125.15(b). (e) Any service-disabled veteran-owned small business concern (non-manufacturer) must meet the requirements in 19.102(f) of the Federal Acquisition Regulation to receive a benefit under this program.(End of Clause)C.13 852.232-72 ELECTRONIC SUBMISSION OF PAYMENT REQUESTS (NOV 2012) (a) Definitions. As used in this clause— (1) Contract financing payment has the meaning given in FAR 32.001. (2) Designated agency office has the meaning given in 5 CFR 1315.2(m). (3) Electronic form means an automated system transmitting information electronically according to the Accepted electronic data transmission methods and formats identified in paragraph (c) of this clause. Facsimile, email, and scanned documents are not acceptable electronic forms for submission of payment requests. (4) Invoice payment has the meaning given in FAR 32.001. (5) Payment request means any request for contract financing payment or invoice payment submitted by the contractor under this contract. (b) Electronic payment requests. Except as provided in paragraph (e) of this clause, the contractor shall submit payment requests in electronic form. Purchases paid with a Government-wide commercial purchase card are considered to be an electronic transaction for purposes of this rule, and therefore no additional electronic invoice submission is required. (c) Data transmission. A contractor must ensure that the data transmission method and format are through one of the following: (1) VA’s Electronic Invoice Presentment and Payment System. (See Web site at .) (2) Any system that conforms to the X12 electronic data interchange (EDI) formats established by the Accredited Standards Center (ASC) and chartered by the American National Standards Institute (ANSI). The X12 EDI Web site () includes additional information on EDI 810 and 811 formats. (d) Invoice requirements. Invoices shall comply with FAR 32.905. (e) Exceptions. If, based on one of the circumstances below, the contracting officer directs that payment requests be made by mail, the contractor shall submit payment requests by mail through the United States Postal Service to the designated agency office. Submission of payment requests by mail may be required for: (1) Awards made to foreign vendors for work performed outside the United States; (2) Classified contracts or purchases when electronic submission and processing of payment requests could compromise the safeguarding of classified or privacy information; (3) Contracts awarded by contracting officers in the conduct of emergency operations, such as responses to national emergencies; (4) Solicitations or contracts in which the designated agency office is a VA entity other than the VA Financial Services Center in Austin, Texas; or (5) Solicitations or contracts in which the VA designated agency office does not have electronic invoicing capability as described above.(End of Clause)C.14 VAAR 852.237-70 CONTRACTOR RESPONSIBILITIES (APR 1984) The contractor shall obtain all necessary licenses and/or permits required to perform this work. He/she shall take all reasonable precautions necessary to protect persons and property from injury or damage during the performance of this contract. He/she shall be responsible for any injury to himself/herself, his/her employees, as well as for any damage to personal or public property that occurs during the performance of this contract that is caused by his/her employees fault or negligence, and shall maintain personal liability and property damage insurance having coverage for a limit as required by the laws of the State of New Mexico. Further, it is agreed that any negligence of the Government, its officers, agents, servants and employees, shall not be the responsibility of the contractor hereunder with the regard to any claims, loss, damage, injury, and liability resulting there from.(End of Clause)C.15 VAAR 852.246-71 INSPECTION (JAN 2008) Rejected goods will be held subject to contractors order for not more than 15 days, after which the rejected merchandise will be returned to the contractor's address at his/her risk and expense. Expenses incident to the examination and testing of materials or supplies that have been rejected will be charged to the contractor's account.(End of Clause)(End of Addendum to 52.212-4)C.16 52.212-5 CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT STATUTES OR EXECUTIVE ORDERS—COMMERCIAL ITEMS (SEP 2013) (a) The Contractor shall comply with the following Federal Acquisition Regulation (FAR) clauses, which are incorporated in this contract by reference, to implement provisions of law or Executive orders applicable to acquisitions of commercial items: (1) 52.222-50, Combating Trafficking in Persons (FEB 2009) (22 U.S.C. 7104(g)). Alternate I (AUG 2007) of 52.222-50 (22 U.S.C. 7104 (g)). (2) 52.233-3, Protest After Award (Aug 1996) (31 U.S.C. 3553). (3) 52.233-4, Applicable Law for Breach of Contract Claim (Oct 2004) (Pub. L. 108-77, 108-78). (b) The Contractor shall comply with the FAR clauses in this paragraph (b) that the Contracting Officer has indicated as being incorporated in this contract by reference to implement provisions of law or Executive orders applicable to acquisitions of commercial items: [X] (1) 52.203-6, Restrictions on Subcontractor Sales to the Government (Sept 2006), with Alternate I (Oct 1995) (41 U.S.C. 253g and 10 U.S.C. 2402). [] (2) 52.203-13, Contractor Code of Business Ethics and Conduct (APR 2010)(Pub. L. 110-252, Title VI, Chapter 1 (41 U.S.C. 251 note)). [] (3) 52.203-15, Whistleblower Protections under the American Recovery and Reinvestment Act of 2009 (JUN 2010) (Section 1553 of Pub. L. 111-5). (Applies to contracts funded by the American Recovery and Reinvestment Act of 2009.) [X] (4) 52.204-10, Reporting Executive Compensation and First-Tier Subcontract Awards (Jul 2013) (Pub. L. 109-282) (31 U.S.C. 6101 note). [] (5) 52.204-11, American Recovery and Reinvestment Act-Reporting Requirements (JUL 2010) (Pub. L. 111-5). [X] (6) 52.209-6, Protecting the Government's Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment. (Aug 2013) (31 U.S.C. 6101 note). [X] (7) 52.209-9, Updates of Publicly Available Information Regarding Responsibility Matters (Jul 2013) (41 U.S.C. 2313). [] (8) 52.209-10, Prohibition on Contracting with Inverted Domestic Corporations (MAY 2012) (section 738 of Division C of Pub. L. 112-74, section 740 of Division C of Pub. L. 111-117, section 743 of Division D of Pub. L. 111-8, and section 745 of Division D of Pub. L. 110-161). [] (9) 52.219-3, Notice of HUBZone Set-Aside or Sole Source Award (NOV 2011) (15 U.S.C. 657a). [] (10) 52.219-4, Notice of Price Evaluation Preference for HUBZone Small Business Concerns (JAN 2011) (if the offeror elects to waive the preference, it shall so indicate in its offer) (15 U.S.C. 657a). [] (11) [Reserved] [] (12)(i) 52.219-6, Notice of Total Small Business Set-Aside (NOV 2011) (15 U.S.C. 644). [] (ii) Alternate I (NOV 2011). [] (iii) Alternate II (NOV 2011). [] (13)(i) 52.219-7, Notice of Partial Small Business Set-Aside (June 2003) (15 U.S.C. 644). [] (ii) Alternate I (Oct 1995) of 52.219-7. [] (iii) Alternate II (Mar 2004) of 52.219-7. [X] (14) 52.219-8, Utilization of Small Business Concerns (Jul 2013) (15 U.S.C. 637(d)(2) and (3)). [] (15)(i) 52.219-9, Small Business Subcontracting Plan (Jul 2013) (15 U.S.C. 637(d)(4)). [] (ii) Alternate I (Oct 2001) of 52.219-9. [] (iii) Alternate II (Oct 2001) of 52.219-9. [] (iv) Alternate III (JUL 2010) of 52.219-9. [] (16) 52.219-13, Notice of Set-Aside of Orders (NOV 2011) (15 U.S.C. 644(r)). [] (17) 52.219-14, Limitations on Subcontracting (NOV 2011) (15 U.S.C. 637(a)(14)). [] (18) 52.219-16, Liquidated Damages—Subcontracting Plan (Jan 1999) (15 U.S.C. 637(d)(4)(F)(i)). [] (19)(i) 52.219-23, Notice of Price Evaluation Adjustment for Small Disadvantaged Business Concerns (OCT 2008) (10 U.S.C. 2323) (if the offeror elects to waive the adjustment, it shall so indicate in its offer.) [] (ii) Alternate I (June 2003) of 52.219-23. [] (20) 52.219-25, Small Disadvantaged Business Participation Program—Disadvantaged Status and Reporting (Jul 2013) (Pub. L. 103-355, section 7102, and 10 U.S.C. 2323). [] (21) 52.219-26, Small Disadvantaged Business Participation Program—Incentive Subcontracting (Oct 2000) (Pub. L. 103-355, section 7102, and 10 U.S.C. 2323). [] (22) 52.219-27, Notice of Service-Disabled Veteran-Owned Small Business Set-Aside (NOV 2011) (15 U.S.C. 657f). [X] (23) 52.219-28, Post Award Small Business Program Rerepresentation (Jul 2013) (15 U.S.C 632(a)(2)). [] (24) 52.219-29, Notice of Set-Aside for Economically Disadvantaged Women-Owned Small Business (EDWOSB) Concerns (Jul 2013) (15 U.S.C. 637(m)). [] (25) 52.219-30, Notice of Set-Aside for Women-Owned Small Business (WOSB) Concerns Eligible Under the WOSB Program (Jul 2013) (15 U.S.C. 637(m)). [X] (26) 52.222-3, Convict Labor (June 2003) (E.O. 11755). [X] (27) 52.222-19, Child Labor—Cooperation with Authorities and Remedies (MAR 2012) (E.O. 13126). [X] (28) 52.222-21, Prohibition of Segregated Facilities (Feb 1999). [X] (29) 52.222-26, Equal Opportunity (Mar 2007) (E.O. 11246). [X] (30) 52.222-35, Equal Opportunity for Veterans (SEP 2010) (38 U.S.C. 4212). [X] (31) 52.222-36, Affirmative Action for Workers with Disabilities (Oct 2010) (29 U.S.C. 793). [X] (32) 52.222-37, Employment Reports on Veterans (SEP 2010) (38 U.S.C. 4212). [X] (33) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (DEC 2010) (E.O. 13496). [] (34) 52.222-54, Employment Eligibility Verification (JUL 2012). (Executive Order 12989). (Not applicable to the acquisition of commercially available off-the-shelf items or certain other types of commercial items as prescribed in 22.1803.) [] (35)(i) 52.223-9, Estimate of Percentage of Recovered Material Content for EPA-Designated Items (May 2008) (42 U.S.C.6962(c)(3)(A)(ii)). (Not applicable to the acquisition of commercially available off-the-shelf items.) [] (ii) Alternate I (MAY 2008) of 52.223-9 (42 U.S.C. 6962(i)(2)(C)). (Not applicable to the acquisition of commercially available off-the-shelf items.) [X] (36) 52.223-15, Energy Efficiency in Energy-Consuming Products (DEC 2007)(42 U.S.C. 8259b). [] (37)(i) 52.223-16, IEEE 1680 Standard for the Environmental Assessment of Personal Computer Products (DEC 2007) (E.O. 13423). [] (ii) Alternate I (DEC 2007) of 52.223-16. [X] (38) 52.223-18, Encouraging Contractor Policies to Ban Text Messaging While Driving (AUG 2011) [X] (39) 52.225-1, Buy American Act—Supplies (FEB 2009) (41 U.S.C. 10a-10d). [] (40)(i) 52.225-3, Buy American Act—Free Trade Agreements—Israeli Trade Act (NOV 2012) (41 U.S.C. chapter 83, 19 U.S.C. 3301 note, 19 U.S.C. 2112 note, 19 U.S.C. 3805 note, 19 U.S.C. 4001 note, Pub. L. 103-182, 108-77, 108-78, 108-286, 108-302, 109-53, 109-169, 109-283, 110-138, 112-41, 112-42, and 112-43). [] (ii) Alternate I (MAR 2012) of 52.225-3. [] (iii) Alternate II (MAR 2012) of 52.225-3. [] (iv) Alternate III (NOV 2012) of 52.225-3. [] (41) 52.225-5, Trade Agreements (Sep 2013) (19 U.S.C. 2501, et seq., 19 U.S.C. 3301 note). [X] (42) 52.225-13, Restrictions on Certain Foreign Purchases (JUN 2008) (E.O.'s, proclamations, and statutes administered by the Office of Foreign Assets Control of the Department of the Treasury). [] (43) 52.225-26, Contractors Performing Private Security Functions Outside the United States (Jul 2013) (Section 862, as amended, of the National Defense Authorization Act for Fiscal Year 2008; 10 U.S.C. 2302 Note). [] (44) 52.226-4, Notice of Disaster or Emergency Area Set-Aside (Nov 2007) (42 U.S.C. 5150). [] (45) 52.226-5, Restrictions on Subcontracting Outside Disaster or Emergency Area (Nov 2007) (42 U.S.C. 5150). [] (46) 52.232-29, Terms for Financing of Purchases of Commercial Items (Feb 2002) (41 U.S.C. 255(f), 10 U.S.C. 2307(f)). [] (47) 52.232-30, Installment Payments for Commercial Items (Oct 1995) (41 U.S.C. 255(f), 10 U.S.C. 2307(f)). [] (48) 52.232-33, Payment by Electronic Funds Transfer—System for Award Management (Jul 2013) (31 U.S.C. 3332). [X] (49) 52.232-34, Payment by Electronic Funds Transfer—Other than System for Award Management (Jul 2013) (31 U.S.C. 3332). [] (50) 52.232-36, Payment by Third Party (Jul 2013) (31 U.S.C. 3332). [] (51) 52.239-1, Privacy or Security Safeguards (Aug 1996) (5 U.S.C. 552a). [] (52)(i) 52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels (Feb 2006) (46 U.S.C. Appx. 1241(b) and 10 U.S.C. 2631). [] (ii) Alternate I (Apr 2003) of 52.247-64. (c) The Contractor shall comply with the FAR clauses in this paragraph (c), applicable to commercial services, that the Contracting Officer has indicated as being incorporated in this contract by reference to implement provisions of law or Executive orders applicable to acquisitions of commercial items: [X] (1) 52.222-41, Service Contract Act of 1965 (Nov 2007) (41 U.S.C. 351, et seq.). [] (2) 52.222-42, Statement of Equivalent Rates for Federal Hires (May 1989) (29 U.S.C. 206 and 41 U.S.C. 351, et seq.). [X] (3) 52.222-43, Fair Labor Standards Act and Service Contract Act—Price Adjustment (Multiple Year and Option Contracts) (Sep 2009) (29 U.S.C. 206 and 41 U.S.C. 351, et seq.). [] (4) 52.222-44, Fair Labor Standards Act and Service Contract Act—Price Adjustment (Sep 2009) (29 U.S.C. 206 and 41 U.S.C. 351, et seq.). [] (5) 52.222-51, Exemption from Application of the Service Contract Act to Contracts for Maintenance, Calibration, or Repair of Certain Equipment—Requirements (Nov 2007) (41 U.S.C. 351, et seq.). [] (6) 52.222-53, Exemption from Application of the Service Contract Act to Contracts for Certain Services—Requirements (FEB 2009) (41 U.S.C. 351, et seq.). [X] (7) 52.222-17, Nondisplacement of Qualified Workers (JAN 2013) (E.O.13495). [] (8) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations. (MAR 2009)(Pub. L. 110-247) [] (9) 52.237-11, Accepting and Dispensing of $1 Coin (SEP 2008) (31 U.S.C. 5112(p)(1)). (d) Comptroller General Examination of Record. The Contractor shall comply with the provisions of this paragraph (d) if this contract was awarded using other than sealed bid, is in excess of the simplified acquisition threshold, and does not contain the clause at 52.215-2, Audit and Records—Negotiation. (1) The Comptroller General of the United States, or an authorized representative of the Comptroller General, shall have access to and right to examine any of the Contractor's directly pertinent records involving transactions related to this contract. (2) The Contractor shall make available at its offices at all reasonable times the records, materials, and other evidence for examination, audit, or reproduction, until 3 years after final payment under this contract or for any shorter period specified in FAR Subpart 4.7, Contractor Records Retention, of the other clauses of this contract. If this contract is completely or partially terminated, the records relating to the work terminated shall be made available for 3 years after any resulting final termination settlement. Records relating to appeals under the disputes clause or to litigation or the settlement of claims arising under or relating to this contract shall be made available until such appeals, litigation, or claims are finally resolved. (3) As used in this clause, records include books, documents, accounting procedures and practices, and other data, regardless of type and regardless of form. This does not require the Contractor to create or maintain any record that the Contractor does not maintain in the ordinary course of business or pursuant to a provision of law. (e)(1) Notwithstanding the requirements of the clauses in paragraphs (a), (b), (c), and (d) of this clause, the Contractor is not required to flow down any FAR clause, other than those in this paragraph (e)(1) in a subcontract for commercial items. Unless otherwise indicated below, the extent of the flow down shall be as required by the clause— (i) 52.203-13, Contractor Code of Business Ethics and Conduct (APR 2010) (Pub. L. 110-252, Title VI, Chapter 1 (41 U.S.C. 251 note)). (ii) 52.219-8, Utilization of Small Business Concerns (Jul 2013) (15 U.S.C. 637(d)(2) and (3)), in all subcontracts that offer further subcontracting opportunities. If the subcontract (except subcontracts to small business concerns) exceeds $650,000 ($1.5 million for construction of any public facility), the subcontractor must include 52.219-8 in lower tier subcontracts that offer subcontracting opportunities. (iii) 52.222-17, Nondisplacement of Qualified Workers (JAN 2013) (E.O. 13495). Flow down required in accordance with paragraph (l) of FAR clause 52.222-17. (iv) 52.222-26, Equal Opportunity (Mar 2007) (E.O. 11246). (v) 52.222-35, Equal Opportunity for Veterans (SEP 2010) (38 U.S.C. 4212). (vi) 52.222-36, Affirmative Action for Workers with Disabilities (Oct 2010) (29 U.S.C. 793). (vii) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (DEC 2010) (E.O. 13496). Flow down required in accordance with paragraph (f) of FAR clause 52.222-40. (viii) 52.222-41, Service Contract Act of 1965 (Nov 2007) (41 U.S.C. 351, et seq.). (ix) 52.222-50, Combating Trafficking in Persons (FEB 2009) (22 U.S.C. 7104(g)). Alternate I (AUG 2007) of 52.222-50 (22 U.S.C. 7104(g)). (x) 52.222-51, Exemption from Application of the Service Contract Act to Contracts for Maintenance, Calibration, or Repair of Certain Equipment—Requirements "(Nov 2007)" (41 U.S.C. 351, et seq.). (xi) 52.222-53, Exemption from Application of the Service Contract Act to Contracts for Certain Services-Requirements (FEB 2009)(41 U.S.C. 351, et seq.). (xii) 52.222-54, Employment Eligibility Verification (JUL 2012). (xiii) 52.225-26, Contractors Performing Private Security Functions Outside the United States (Jul 2013) (Section 862, as amended, of the National Defense Authorization Act for Fiscal Year 2008; 10 U.S.C. 2302 Note). (xiv) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations. (MAR 2009)(Pub. L. 110-247). Flow down required in accordance with paragraph (e) of FAR clause 52.226-6. (xv) 52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels (Feb 2006) (46 U.S.C. Appx. 1241(b) and 10 U.S.C. 2631). Flow down required in accordance with paragraph (d) of FAR clause 52.247-64. (2) While not required, the contractor may include in its subcontracts for commercial items a minimal number of additional clauses necessary to satisfy its contractual obligations.(End of Clause)SECTION D - CONTRACT DOCUMENTS, EXHIBITS, OR ATTACHMENTS Attachments A through G PagesAttachment (A) Department of Labor Wage Determination8Attachment (B)Technical Specifications and Technical Exhibits26Attachment (C) Performance Work Summary16Attachment (D) Quality Assurance Surveillance Plan 1Attachment (E) Equipment List 1Attachment (F) Cemetery Floral Regulations 1Attachment (G)Cemetery Maps2Attachment (F)Business Performance1ATTACHMENT (A)DEPARTMENT OF LABOR WAGE DETERMINATIONWD 05-2511 (Rev.-17) was first posted on on 06/25/2013************************************************************************************REGISTER OF WAGE DETERMINATIONS UNDER | U.S. DEPARTMENT OF LABOR THE SERVICE CONTRACT ACT | EMPLOYMENT STANDARDS ADMINISTRATIONBy direction of the Secretary of Labor | WAGE AND HOUR DIVISION | WASHINGTON D.C. 20210 | | | | Wage Determination No.: 2005-2511Diane C. Koplewski Division of | Revision No.: 17Director Wage Determinations| Date Of Revision: 06/19/2013_______________________________________|____________________________________________States: New Mexico, TexasArea: New Mexico Counties of Chaves, Dona Ana, Eddy, Grant, Hidalgo, Lincoln,Luna, Otero, SierraTexas Counties of Culberson, El Paso, Hudspeth____________________________________________________________________________________ **Fringe Benefits Required Follow the Occupational Listing**OCCUPATION CODE - TITLE FOOTNOTE RATE01000 - Administrative Support And Clerical Occupations 01011 - Accounting Clerk I 12.78 01012 - Accounting Clerk II 14.46 01013 - Accounting Clerk III 16.18 01020 - Administrative Assistant 17.66 01040 - Court Reporter 15.70 01051 - Data Entry Operator I 9.57 01052 - Data Entry Operator II 10.56 01060 - Dispatcher, Motor Vehicle 13.41 01070 - Document Preparation Clerk 11.19 01090 - Duplicating Machine Operator 11.19 01111 - General Clerk I 9.61 01112 - General Clerk II 10.49 01113 - General Clerk III 11.77 01120 - Housing Referral Assistant 14.98 01141 - Messenger Courier 8.76 01191 - Order Clerk I 10.48 01192 - Order Clerk II 11.44 01261 - Personnel Assistant (Employment) I 12.80 01262 - Personnel Assistant (Employment) II 14.44 01263 - Personnel Assistant (Employment) III 15.99 01270 - Production Control Clerk 16.69 01280 - Receptionist 9.47 01290 - Rental Clerk 10.50 01300 - Scheduler, Maintenance 12.00 01311 - Secretary I 12.01 01312 - Secretary II 13.43 01313 - Secretary III 14.98 01320 - Service Order Dispatcher 11.77 01410 - Supply Technician 17.23 01420 - Survey Worker 13.70 01531 - Travel Clerk I 11.16 01532 - Travel Clerk II 12.20 01533 - Travel Clerk III 13.00 01611 - Word Processor I 12.87 01612 - Word Processor II 14.45 01613 - Word Processor III 16.1605000 - Automotive Service Occupations 05005 - Automobile Body Repairer, Fiberglass 16.41 05010 - Automotive Electrician 15.40 05040 - Automotive Glass Installer 14.37 05070 - Automotive Worker 14.37 05110 - Mobile Equipment Servicer 12.32 05130 - Motor Equipment Metal Mechanic 16.41 05160 - Motor Equipment Metal Worker 14.37 05190 - Motor Vehicle Mechanic 17.31 05220 - Motor Vehicle Mechanic Helper 11.29 05250 - Motor Vehicle Upholstery Worker 13.34 05280 - Motor Vehicle Wrecker 14.37 05310 - Painter, Automotive 15.40 05340 - Radiator Repair Specialist 14.37 05370 - Tire Repairer 11.33 05400 - Transmission Repair Specialist 16.4107000 - Food Preparation And Service Occupations 07010 - Baker 10.51 07041 - Cook I 9.61 07042 - Cook II 11.41 07070 - Dishwasher 7.37 07130 - Food Service Worker 8.06 07210 - Meat Cutter 11.04 07260 - Waiter/Waitress 7.3009000 - Furniture Maintenance And Repair Occupations 09010 - Electrostatic Spray Painter 15.73 09040 - Furniture Handler 8.80 09080 - Furniture Refinisher 15.73 09090 - Furniture Refinisher Helper 11.05 09110 - Furniture Repairer, Minor 13.15 09130 - Upholsterer 15.7311000 - General Services And Support Occupations 11030 - Cleaner, Vehicles 8.07 11060 - Elevator Operator 8.07 11090 - Gardener 12.04 11122 - Housekeeping Aide 9.02 11150 - Janitor 9.02 11210 - Laborer, Grounds Maintenance 9.02 11240 - Maid or Houseman 7.74 11260 - Pruner 7.79 11270 - Tractor Operator 11.51 11330 - Trail Maintenance Worker 9.02 11360 - Window Cleaner 10.4512000 - Health Occupations 12010 - Ambulance Driver 12.83 12011 - Breath Alcohol Technician 14.94 12012 - Certified Occupational Therapist Assistant 22.21 12015 - Certified Physical Therapist Assistant 21.09 12020 - Dental Assistant 12.61 12025 - Dental Hygienist 27.43 12030 - EKG Technician 25.42 12035 - Electroneurodiagnostic Technologist 25.42 12040 - Emergency Medical Technician 12.83 12071 - Licensed Practical Nurse I 16.95 12072 - Licensed Practical Nurse II 18.96 12073 - Licensed Practical Nurse III 21.15 12100 - Medical Assistant 10.86 12130 - Medical Laboratory Technician 13.77 12160 - Medical Record Clerk 13.27 12190 - Medical Record Technician 14.84 12195 - Medical Transcriptionist 14.31 12210 - Nuclear Medicine Technologist 33.37 12221 - Nursing Assistant I 9.26 12222 - Nursing Assistant II 10.41 12223 - Nursing Assistant III 11.36 12224 - Nursing Assistant IV 12.75 12235 - Optical Dispenser 11.21 12236 - Optical Technician 9.30 12250 - Pharmacy Technician 13.41 12280 - Phlebotomist 13.52 12305 - Radiologic Technologist 23.81 12311 - Registered Nurse I 23.99 12312 - Registered Nurse II 28.64 12313 - Registered Nurse II, Specialist 28.64 12314 - Registered Nurse III 34.65 12315 - Registered Nurse III, Anesthetist 34.65 12316 - Registered Nurse IV 41.55 12317 - Scheduler (Drug and Alcohol Testing) 21.3713000 - Information And Arts Occupations 13011 - Exhibits Specialist I 19.15 13012 - Exhibits Specialist II 23.08 13013 - Exhibits Specialist III 27.03 13041 - Illustrator I 19.15 13042 - Illustrator II 23.08 13043 - Illustrator III 27.03 13047 - Librarian 24.46 13050 - Library Aide/Clerk 11.49 13054 - Library Information Technology Systems 22.09 Administrator 13058 - Library Technician 17.24 13061 - Media Specialist I 15.83 13062 - Media Specialist II 17.83 13063 - Media Specialist III 19.88 13071 - Photographer I 12.93 13072 - Photographer II 16.45 13073 - Photographer III 20.57 13074 - Photographer IV 24.45 13075 - Photographer V 27.88 13110 - Video Teleconference Technician 14.7014000 - Information Technology Occupations 14041 - Computer Operator I 13.67 14042 - Computer Operator II 15.46 14043 - Computer Operator III 17.25 14044 - Computer Operator IV 19.17 14045 - Computer Operator V 21.22 14071 - Computer Programmer I (see 1) 21.43 14072 - Computer Programmer II (see 1) 26.56 14073 - Computer Programmer III (see 1) 14074 - Computer Programmer IV (see 1) 14101 - Computer Systems Analyst I (see 1) 14102 - Computer Systems Analyst II (see 1) 14103 - Computer Systems Analyst III (see 1) 14150 - Peripheral Equipment Operator 13.67 14160 - Personal Computer Support Technician 22.4115000 - Instructional Occupations 15010 - Aircrew Training Devices Instructor (Non-Rated) 26.13 15020 - Aircrew Training Devices Instructor (Rated) 32.14 15030 - Air Crew Training Devices Instructor (Pilot) 37.89 15050 - Computer Based Training Specialist / Instructor 26.13 15060 - Educational Technologist 32.13 15070 - Flight Instructor (Pilot) 37.89 15080 - Graphic Artist 19.52 15090 - Technical Instructor 18.06 15095 - Technical Instructor/Course Developer 22.09 15110 - Test Proctor 14.58 15120 - Tutor 14.5816000 - Laundry, Dry-Cleaning, Pressing And Related Occupations 16010 - Assembler 7.64 16030 - Counter Attendant 7.64 16040 - Dry Cleaner 9.31 16070 - Finisher, Flatwork, Machine 7.64 16090 - Presser, Hand 7.64 16110 - Presser, Machine, Drycleaning 7.64 16130 - Presser, Machine, Shirts 7.64 16160 - Presser, Machine, Wearing Apparel, Laundry 7.64 16190 - Sewing Machine Operator 9.84 16220 - Tailor 10.41 16250 - Washer, Machine 8.1919000 - Machine Tool Operation And Repair Occupations 19010 - Machine-Tool Operator (Tool Room) 15.73 19040 - Tool And Die Maker 20.2621000 - Materials Handling And Packing Occupations 21020 - Forklift Operator 10.91 21030 - Material Coordinator 16.69 21040 - Material Expediter 16.69 21050 - Material Handling Laborer 9.14 21071 - Order Filler 10.49 21080 - Production Line Worker (Food Processing) 10.91 21110 - Shipping Packer 10.48 21130 - Shipping/Receiving Clerk 10.49 21140 - Store Worker I 8.93 21150 - Stock Clerk 12.82 21210 - Tools And Parts Attendant 10.91 21410 - Warehouse Specialist 10.9123000 - Mechanics And Maintenance And Repair Occupations 23010 - Aerospace Structural Welder 26.14 23021 - Aircraft Mechanic I 23.82 23022 - Aircraft Mechanic II 26.14 23023 - Aircraft Mechanic III 27.45 23040 - Aircraft Mechanic Helper 16.39 23050 - Aircraft, Painter 18.67 23060 - Aircraft Servicer 19.25 23080 - Aircraft Worker 20.78 23110 - Appliance Mechanic 16.14 23120 - Bicycle Repairer 11.33 23125 - Cable Splicer 21.87 23130 - Carpenter, Maintenance 15.73 23140 - Carpet Layer 14.64 23160 - Electrician, Maintenance 18.27 23181 - Electronics Technician Maintenance I 19.57 23182 - Electronics Technician Maintenance II 21.02 23183 - Electronics Technician Maintenance III 22.67 23260 - Fabric Worker 13.46 23290 - Fire Alarm System Mechanic 16.62 23310 - Fire Extinguisher Repairer 12.26 23311 - Fuel Distribution System Mechanic 19.79 23312 - Fuel Distribution System Operator 15.20 23370 - General Maintenance Worker 14.64 23380 - Ground Support Equipment Mechanic 23.82 23381 - Ground Support Equipment Servicer 19.25 23382 - Ground Support Equipment Worker 20.78 23391 - Gunsmith I 12.26 23392 - Gunsmith II 14.64 23393 - Gunsmith III 16.96 23410 - Heating, Ventilation And Air-Conditioning 16.12 Mechanic 23411 - Heating, Ventilation And Air Contditioning 17.24 Mechanic (Research Facility) 23430 - Heavy Equipment Mechanic 17.80 23440 - Heavy Equipment Operator 16.96 23460 - Instrument Mechanic 18.50 23465 - Laboratory/Shelter Mechanic 15.73 23470 - Laborer 9.14 23510 - Locksmith 15.73 23530 - Machinery Maintenance Mechanic 16.96 23550 - Machinist, Maintenance 16.31 23580 - Maintenance Trades Helper 11.27 23591 - Metrology Technician I 18.50 23592 - Metrology Technician II 19.66 23593 - Metrology Technician III 20.93 23640 - Millwright 17.46 23710 - Office Appliance Repairer 15.62 23760 - Painter, Maintenance 14.67 23790 - Pipefitter, Maintenance 17.63 23810 - Plumber, Maintenance 16.55 23820 - Pneudraulic Systems Mechanic 16.96 23850 - Rigger 16.96 23870 - Scale Mechanic 14.64 23890 - Sheet-Metal Worker, Maintenance 15.63 23910 - Small Engine Mechanic 14.64 23931 - Telecommunications Mechanic I 21.99 23932 - Telecommunications Mechanic II 23.51 23950 - Telephone Lineman 19.48 23960 - Welder, Combination, Maintenance 16.96 23965 - Well Driller 16.96 23970 - Woodcraft Worker 16.96 23980 - Woodworker 12.2624000 - Personal Needs Occupations 24570 - Child Care Attendant 8.41 24580 - Child Care Center Clerk 10.49 24610 - Chore Aide 8.29 24620 - Family Readiness And Support Services 11.01 Coordinator 24630 - Homemaker 12.7025000 - Plant And System Operations Occupations 25010 - Boiler Tender 19.71 25040 - Sewage Plant Operator 17.19 25070 - Stationary Engineer 18.43 25190 - Ventilation Equipment Tender 12.83 25210 - Water Treatment Plant Operator 17.1927000 - Protective Service Occupations 27004 - Alarm Monitor 15.20 27007 - Baggage Inspector 10.38 27008 - Corrections Officer 18.66 27010 - Court Security Officer 18.66 27030 - Detection Dog Handler 14.84 27040 - Detention Officer 18.66 27070 - Firefighter 19.83 27101 - Guard I 10.38 27102 - Guard II 14.84 27131 - Police Officer I 21.41 27132 - Police Officer II 23.7828000 - Recreation Occupations 28041 - Carnival Equipment Operator 11.64 28042 - Carnival Equipment Repairer 12.69 28043 - Carnival Equpment Worker 8.45 28210 - Gate Attendant/Gate Tender 13.37 28310 - Lifeguard 11.90 28350 - Park Attendant (Aide) 14.96 28510 - Recreation Aide/Health Facility Attendant 10.92 28515 - Recreation Specialist 14.10 28630 - Sports Official 11.92 28690 - Swimming Pool Operator 16.3629000 - Stevedoring/Longshoremen Occupational Services 29010 - Blocker And Bracer 17.06 29020 - Hatch Tender 17.06 29030 - Line Handler 17.06 29041 - Stevedore I 15.68 29042 - Stevedore II 18.9830000 - Technical Occupations 30010 - Air Traffic Control Specialist, Center (HFO) (see 2) 35.77 30011 - Air Traffic Control Specialist, Station (HFO) (see 2) 24.66 30012 - Air Traffic Control Specialist, Terminal (HFO) (see 2) 27.16 30021 - Archeological Technician I 18.13 30022 - Archeological Technician II 20.27 30023 - Archeological Technician III 25.11 30030 - Cartographic Technician 25.12 30040 - Civil Engineering Technician 19.04 30061 - Drafter/CAD Operator I 15.03 30062 - Drafter/CAD Operator II 16.81 30063 - Drafter/CAD Operator III 19.99 30064 - Drafter/CAD Operator IV 26.25 30081 - Engineering Technician I 15.71 30082 - Engineering Technician II 17.63 30083 - Engineering Technician III 20.27 30084 - Engineering Technician IV 24.96 30085 - Engineering Technician V 29.90 30086 - Engineering Technician VI 36.17 30090 - Environmental Technician 19.33 30210 - Laboratory Technician 19.91 30240 - Mathematical Technician 24.90 30361 - Paralegal/Legal Assistant I 16.54 30362 - Paralegal/Legal Assistant II 20.49 30363 - Paralegal/Legal Assistant III 25.07 30364 - Paralegal/Legal Assistant IV 30.33 30390 - Photo-Optics Technician 22.90 30461 - Technical Writer I 26.05 30462 - Technical Writer II 31.87 30463 - Technical Writer III 38.56 30491 - Unexploded Ordnance (UXO) Technician I 22.74 30492 - Unexploded Ordnance (UXO) Technician II 27.51 30493 - Unexploded Ordnance (UXO) Technician III 32.97 30494 - Unexploded (UXO) Safety Escort 22.74 30495 - Unexploded (UXO) Sweep Personnel 22.74 30620 - Weather Observer, Combined Upper Air Or (see 3) 19.99 Surface Programs 30621 - Weather Observer, Senior (see 3) 20.8331000 - Transportation/Mobile Equipment Operation Occupations 31020 - Bus Aide 9.98 31030 - Bus Driver 15.52 31043 - Driver Courier 11.32 31260 - Parking and Lot Attendant 7.85 31290 - Shuttle Bus Driver 12.39 31310 - Taxi Driver 10.33 31361 - Truckdriver, Light 12.39 31362 - Truckdriver, Medium 14.19 31363 - Truckdriver, Heavy 17.82 31364 - Truckdriver, Tractor-Trailer 17.8299000 - Miscellaneous Occupations 99030 - Cashier 7.93 99050 - Desk Clerk 10.35 99095 - Embalmer 22.74 99251 - Laboratory Animal Caretaker I 9.70 99252 - Laboratory Animal Caretaker II 10.76 99310 - Mortician 22.69 99410 - Pest Controller 14.84 99510 - Photofinishing Worker 11.95 99710 - Recycling Laborer 11.26 99711 - Recycling Specialist 14.37 99730 - Refuse Collector 9.72 99810 - Sales Clerk 10.14 99820 - School Crossing Guard 8.48 99830 - Survey Party Chief 17.09 99831 - Surveying Aide 11.84 99832 - Surveying Technician 13.97 99840 - Vending Machine Attendant 9.87 99841 - Vending Machine Repairer 12.54 99842 - Vending Machine Repairer Helper 9.87____________________________________________________________________________________ALL OCCUPATIONS LISTED ABOVE RECEIVE THE FOLLOWING BENEFITS:HEALTH & WELFARE: $3.81 per hour or $152.40 per week or $660.40 per monthVACATION: 2 weeks paid vacation after 1 year of service with a contractor orsuccessor; 3 weeks after 5 years, and 4 weeks after 15 years. Length of serviceincludes the whole span of continuous service with the present contractor orsuccessor, wherever employed, and with the predecessor contractors in theperformance of similar work at the same Federal facility. (Reg. 29 CFR 4.173)HOLIDAYS: A minimum of ten paid holidays per year, New Year's Day, Martin LutherKing Jr's Birthday, Washington's Birthday, Memorial Day, Independence Day, LaborDay, Columbus Day, Veterans' Day, Thanksgiving Day, and Christmas Day. (Acontractor may substitute for any of the named holidays another day off with pay inaccordance with a plan communicated to the employees involved.) (See 29 CFR 4174)THE OCCUPATIONS WHICH HAVE NUMBERED FOOTNOTES IN PARENTHESES RECEIVE THE FOLLOWING:1) COMPUTER EMPLOYEES: Under the SCA at section 8(b), this wage determination doesnot apply to any employee who individually qualifies as a bona fide executive,administrative, or professional employee as defined in 29 C.F.R. Part 541. Becausemost Computer System Analysts and Computer Programmers who are compensated at a ratenot less than $27.63 (or on a salary or fee basis at a rate not less than $455 perweek) an hour would likely qualify as exempt computer professionals, (29 C.F.R. 541.400) wage rates may not be listed on this wage determination for all occupationswithin those job families. In addition, because this wage determination may notlist a wage rate for some or all occupations within those job families if the surveydata indicates that the prevailing wage rate for the occupation equals or exceeds$27.63 per hour conformances may be necessary for certain nonexempt employees. Forexample, if an individual employee is nonexempt but nevertheless performs dutieswithin the scope of one of the Computer Systems Analyst or Computer Programmeroccupations for which this wage determination does not specify an SCA wage rate,then the wage rate for that employee must be conformed in accordance with theconformance procedures described in the conformance note included on this wagedetermination.Additionally, because job titles vary widely and change quickly in the computerindustry, job titles are not determinative of the application of the computerprofessional exemption. Therefore, the exemption applies only to computer employeeswho satisfy the compensation requirements and whose primary duty consists of: (1) The application of systems analysis techniques and procedures, includingconsulting with users, to determine hardware, software or system functionalspecifications; (2) The design, development, documentation, analysis, creation, testing ormodification of computer systems or programs, including prototypes, based on andrelated to user or system design specifications; (3) The design, documentation, testing, creation or modification of computerprograms related to machine operating systems; or (4) A combination of the aforementioned duties, the performance of whichrequires the same level of skills. (29 C.F.R. 541.400).2) APPLICABLE TO AIR TRAFFIC CONTROLLERS ONLY - NIGHT DIFFERENTIAL: An employee isentitled to pay for all work performed between the hours of 6:00 P.M. and 6:00 A.M.at the rate of basic pay plus a night pay differential amounting to 10 percent ofthe rate of basic pay.3) AIR TRAFFIC CONTROLLERS AND WEATHER OBSERVERS - NIGHT PAY & SUNDAY PAY: If youwork at night as part of a regular tour of duty, you will earn a night differentialand receive an additional 10% of basic pay for any hours worked between 6pm and 6am. If you are a full-time employed (40 hours a week) and Sunday is part of yourregularly scheduled workweek, you are paid at your rate of basic pay plus a Sundaypremium of 25% of your basic rate for each hour of Sunday work which is not overtime(i.e. occasional work on Sunday outside the normal tour of duty is consideredovertime work).HAZARDOUS PAY DIFFERENTIAL: An 8 percent differential is applicable to employeesemployed in a position that represents a high degree of hazard when working with orin close proximity to ordinance, explosives, and incendiary materials. Thisincludes work such as screening, blending, dying, mixing, and pressing of sensitiveordance, explosives, and pyrotechnic compositions such as lead azide, black powderand photoflash powder. All dry-house activities involving propellants or explosives. Demilitarization, modification, renovation, demolition, and maintenance operationson sensitive ordnance, explosives and incendiary materials. All operationsinvolving regrading and cleaning of artillery ranges.A 4 percent differential is applicable to employees employed in a position thatrepresents a low degree of hazard when working with, or in close proximity toordance, (or employees possibly adjacent to) explosives and incendiary materialswhich involves potential injury such as laceration of hands, face, or arms of theemployee engaged in the operation, irritation of the skin, minor burns and thelike; minimal damage to immediate or adjacent work area or equipment being used.All operations involving, unloading, storage, and hauling of ordance, explosive, andincendiary ordnance material other than small arms ammunition. These differentialsare only applicable to work that has been specifically designated by the agency forordance, explosives, and incendiary material differential pay.** UNIFORM ALLOWANCE **If employees are required to wear uniforms in the performance of this contract(either by the terms of the Government contract, by the employer, by the state orlocal law, etc.), the cost of furnishing such uniforms and maintaining (bylaundering or dry cleaning) such uniforms is an expense that may not be borne by anemployee where such cost reduces the hourly rate below that required by the wagedetermination. The Department of Labor will accept payment in accordance with thefollowing standards as compliance:The contractor or subcontractor is required to furnish all employees with anadequate number of uniforms without cost or to reimburse employees for the actualcost of the uniforms. In addition, where uniform cleaning and maintenance is madethe responsibility of the employee, all contractors and subcontractors subject tothis wage determination shall (in the absence of a bona fide collective bargainingagreement providing for a different amount, or the furnishing of contraryaffirmative proof as to the actual cost), reimburse all employees for such cleaningand maintenance at a rate of $3.35 per week (or $.67 cents per day). However, inthose instances where the uniforms furnished are made of "wash and wear"materials, may be routinely washed and dried with other personal garments, and donot require any special treatment such as dry cleaning, daily washing, or commerciallaundering in order to meet the cleanliness or appearance standards set by the termsof the Government contract, by the contractor, by law, or by the nature of the work,there is no requirement that employees be reimbursed for uniform maintenance costs.The duties of employees under job titles listed are those described in the"Service Contract Act Directory of Occupations", Fifth Edition, April 2006,unless otherwise indicated. Copies of the Directory are available on the Internet. Alinks to the Directory may be found on the WHD home page at or through the Wage Determinations On-Line (WDOL) Web site at FOR AUTHORIZATION OF ADDITIONAL CLASSIFICATION AND WAGE RATE {Standard Form1444 (SF 1444)}Conformance Process:The contracting officer shall require that any class of service employee which isnot listed herein and which is to be employed under the contract (i.e., the work tobe performed is not performed by any classification listed in the wagedetermination), be classified by the contractor so as to provide a reasonablerelationship (i.e., appropriate level of skill comparison) between such unlistedclassifications and the classifications listed in the wage determination. Suchconformed classes of employees shall be paid the monetary wages and furnished thefringe benefits as are determined. Such conforming process shall be initiated bythe contractor prior to the performance of contract work by such unlisted class(es)of employees. The conformed classification, wage rate, and/or fringe benefits shallbe retroactive to the commencement date of the contract. {See Section 4.6 (C)(vi)}When multiple wage determinations are included in a contract, a separate SF 1444should be prepared for each wage determination to which a class(es) is to beconformed.The process for preparing a conformance request is as follows:1) When preparing the bid, the contractor identifies the need for a conformedoccupation(s) and computes a proposed rate(s).2) After contract award, the contractor prepares a written report listing in orderproposed classification title(s), a Federal grade equivalency (FGE) for eachproposed classification(s), job description(s), and rationale for proposed wagerate(s), including information regarding the agreement or disagreement of theauthorized representative of the employees involved, or where there is no authorizedrepresentative, the employees themselves. This report should be submitted to thecontracting officer no later than 30 days after such unlisted class(es) of employeesperforms any contract work.3) The contracting officer reviews the proposed action and promptly submits a reportof the action, together with the agency's recommendations and pertinentinformation including the position of the contractor and the employees, to the Wageand Hour Division, Employment Standards Administration, U.S. Department of Labor,for review. (See section 4.6(b)(2) of Regulations 29 CFR Part 4).4) Within 30 days of receipt, the Wage and Hour Division approves, modifies, ordisapproves the action via transmittal to the agency contracting officer, ornotifies the contracting officer that additional time will be required to processthe request.5) The contracting officer transmits the Wage and Hour decision to the contractor.6) The contractor informs the affected rmation required by the Regulations must be submitted on SF 1444 or bond paper.When preparing a conformance request, the "Service Contract Act Directory ofOccupations" (the Directory) should be used to compare job definitions to insurethat duties requested are not performed by a classification already listed in thewage determination. Remember, it is not the job title, but the required tasks thatdetermine whether a class is included in an established wage determination.Conformances may not be used to artificially split, combine, or subdivideclassifications listed in the wage determination.ATTACHMENT (B)TECHNICAL SPECIFICATIONSSECTION 1GRAVE, EXCAVATION, BACKFILL, AND INTERMENTSSECTION 2HEADSTONE MAINTENANCE & CLEANINGSECTION 3HEADSTONE SETTING AND RAISE AND REALIGNMENT OF EXISTING STONESSECTION 4LAWN MAINTENANCE: FERTILIZING, WEEDINGSECTION 5LAWN MAINTENANCE: SODDING/SEEDINGSECTION 6LAWN MAINTENANCE: MOWING, TRIMMING AND EDGINGSECTION 7AGGREGATE MULCH MAINTENANCE AND RE-ESTABLISHMENTSECTION 8IRRIGATION SYSTEM MAINTENANCE AND OPERATIONSECTION 9LEAF COLLECTIONSECTION 10PLANT MATERIAL MAINTENANCESECTION 11PRUNING STANDARDS FOR SHADE TREESSECTION 12REFILLING SUNKEN GRAVESSECTION 13TRASH AND DEBRIS REMOVALSECTION 14SNOW AND ICE REMOVALSECTION 15PLACEMENT OF FLAGSSECTION 16JANITORIAL SERVICESSECTION 1GRAVE, EXCAVATION, BACKFILL, AND INTERMENTSGENERALAny/all work done in this section is subject to the General Requirements that form a part of these specifications, and the Contractor shall be responsible for and governed by all the requirements there under.SCOPEWork consists of excavation, backfilling and preparing for interments specified by the Contracting Officer’s Representative (COR). The COR or representative will notify the Contractor 24 hours in advance of the gravesite to be opened. The National Scheduling Office will schedule committal services (i.e. services held at the interment/committal shelter) Monday through Friday normally starting between the hours of 10:00 am to 2:00 pm local time, usually at the discrete times of 10:00 am (for direct burials), 11:00 am, 1:00 pm, and 2:00 pm. The Contractor shall provide internment services described herein, with preparation services performed before these times and interment services accomplished after the committal shelter burial service is complete. There may be instances where the Contractor shall be required to perform interments on weekends and/or holidays and outside the regular hours.PROCEDUREAll gravesite excavations, for casketed or cremated remains (cremains), shall be completed no less than one and one-half (1 ?) hours prior to the committal service. If a private concrete vault is to be used, the gravesite excavation shall be completed to allow the vault to be pre-set in the grave one (1) hour prior to the service. Each new gravesite shall be finished and ready for viewing by the next of kin no later than one and one-half (1 ?) hours after the committal service. It will be the COR's responsibility to notify the Contractor of any underground utilities in the vicinity of gravesite excavation. In turfgrass areas, prior to permitting excavation equipment in the burial section, the Contractor shall provide and place turf protection mats/panels along the path of entry to the grave site and the on the turf area surrounding the gravesite to protect the turf from damage from the equipment used to excavate the graves. Gravesites measure 5’ x 10' unless otherwise advised by the COR. The COR will advise the Contractor of the required type (see below), depth, and position prior to any excavation operation. Contractor should probe all full interments prior to excavation to assure adequate depth for 2nd interment. COR should be notified immediately of insufficient depth to accomplish interment.Caskets, Traditional: The graves shall be excavated to three (3) feet by eight (8) feet and a depth of five (5) feet or seven (7) feet, depending on the number of interments.Caskets, Pre-Placed Crypts: The top of the concrete crypt lids are typically 18 to 24 inches deep, and shall be excavated to three (3) feet by eight (8) feet. The bottom of the pre-placed crypts are typically about 5 (five) feet deep from the top of the lid.Cremains, In-Ground: The graves shall be approximately 18 inches square and three (3) feet deep.Cremains, Columbarium: The Columbarium consists of above-ground niches, 10 ? inches wide, 14 ? inches high, and 20 inches deep. The niches are set into columbarium walls in a repeating pattern of rows and columns, typically 5 (five) rows high. Unoccupied niches are covered with blank stone niche covers, secured at the four corners by decorative stainless steel rosettes. The Contractor shall remove the blank cover, place the cremains, and install the new inscribed niche cover.When a traditional grave is opened to receive a second interment and is found to be of insufficient depth to permit interment due to an existing vault, poly liner, or casket not being deep enough, the Contractor shall notify the COR or Cemetery Director immediately. After notification to the COR and/or the Cemetery Director and with their approval, the remains of the first interment shall be removed and the grave excavated to a depth to accommodate both interments. Additional costs for excavating the grave to a greater depth to accommodate the second interment shall be addressed on a case-by-case basis through the changes clause of this contract. The gravesite shall be screened from the public view during the removal and re-interment of any remains.In turfgrass areas, turf should be removed and salvaged from the gravesite prior to excavation and shall be reused, if possible, on the gravesite. Turf shall be cut 1” to 2” deep to keep roots healthy.In aggregate mulch areas, the existing mulch shall be salvaged from the gravesite as much as possible prior to excavation and shall be stockpiled in a central location on the Cemetery grounds approved by the COR for screeding and later reuse as “clean” mulch. All excavated soil shall be removed from the gravesite area prior to the scheduled interment and brought back in to backfill the grave. Any excess backfill shall be hauled and dumped off-site by the contractor.When a grave is opened, the Contractor shall be responsible for removing any headstone(s) needed to ensure access for the vault and the remains and subsequently reinstalling headstone(s) removed. All open excavated graves shall be properly protected and secured to prevent unauthorized access to the excavation by visitors, NCA staff, or contractor employees.The Contractor shall transfer the remains in a dignified manner from the interment shelter (committal shelter) to the proper gravesite following all NCA policies. The Contractor shall be required to lower casketed remains into gravesite with a mechanical lowering device (Contractor furnished) in a safe and efficient manner, with dignity, and without damage to casket. Backfill material surrounding the government furnished poly liner shall be sufficiently pliable to allow voids to be filled for more solid compaction to reduce subsequent ground settlement. Backfill shall be brought to established grade in one (1) foot lifts. Each lift shall be thoroughly compacted by means of an approved mechanical or hand tamper. Backfill should not be mounded, but should conform to existing grades. The Contractor shall remove all unusable dirt, rocks, roots and other types of objects from the cemetery grounds.If the excavation is five feet deep or deeper, a worker is prohibited from entering into the hole until the sides of the grave are shored in a safe manner in accordance with OSHA standards.If the grave has an existing headstone; it shall be removed and carefully placed in an area near the gravesite and covered with proper protection. The headstone shall be replaced after the grave is backfilled. A temporary marker for the second interment shall be centered directly in front of existing headstone.In turfgrass areas, after backfilling is complete and compacted, the remaining two inches shall be filled with topsoil and the sod shall be replaced and tamped/rolled to ground level. The sod shall be thoroughly watered every few days for two weeks thus reestablishing sod. If the grave does not have usable sod, new sod shall be put on the grave.In aggregate mulch areas, after backfilling is complete and compacted, three (3) inches of clean mulch (either new or from screeded stockpile) shall be placed and compacted on top of the freshly excavated gravesite and smoothed to the surrounding grade.The Contractor or his/her representative shall place the temporary marker on the grave. Setting the new headstone or marker when it is delivered is part of the new interment.All floral bouquets and arrangements left at the gravesite by the funeral party shall be neatly arranged upon the grave and removed when they become unsightly. All stands from floral wreaths shall be removed before placing the wreath flat on the grave.See Attachment B Exhibit A for gravesite diagram and handling of multiple interments.The Contractor shall clean the permanent benches and the area around the committal shelter. The committal shelter shall be cleaned, free of webs and any other dirt or debris. The Contractor shall designate a member of his/her staff to keep visitors away from open gravesite prior to the committal service and provide other duties as assigned by the COR. The Contractor shall bring the flag of the United States of America to half-staff each day one-half (?) hour before the start of the first committal service and raise it to full-staff one-half (?) hour after the conclusion of the last committal service and all family members have departed the committal shelter each day.No grave shall be pre-dug the day before a scheduled interment. Any exceptions must be authorized by the COR.DIAGRAM "D" of Exhibit A (in Attachment B): The conditions shown in "D" will occur only rarely, and usually when the minor dependents predecease their parents or in extremely rare cases when an accident takes the lives of a family group.DIAGRAM "E" of Exhibit A (in Attachment C): When the remains are in a small casket, they shall be placed in the lower corner of the gravesite, at a depth of five (5) feet, permitting room for an additional like burial at the head of the first at a depth of seven (7) feet and the second at five feet.When it is necessary to make side-by-side burials in a single gravesite, extreme care shall be exercised to accurately locate the sideline of the site. Where a burial vault or poly liner is used in such cases, it may be necessary to encroach several inches on adjacent site(s). This is permissible provided the site encroached upon has been or shall be utilized as shown in "A" or "B" of Exhibit A (in Attachment C).Unusual conditions may require occasional deviations from the methods indicated. For cases not covered herein, the Contractor shall consult with the COR for advice on determination of action to be taken.SECTION 2HEADSTONE MAINTENANCE & CLEANINGGENERALAll work performed in this section is subject to the General Requirements and contract documents forming a part of these specifications, and the Contractor shall be responsible for and governed by all the requirements thereunder.SCOPENCA Standard: All upright headstones and flat markers (hereafter referred to as “headstones”) shall be clean, free of debris and objectionable accumulations.Work consists of cleaning all headstones as specified by the Contracting Officer’s Representative (COR) to remove objectionable material and discoloration, such as environmental deposits, accumulations of bird droppings or dirt/mud, tire and hose markings, grass stains, residue from trees, mold, mildew, moss, algae, lichen, fungus, and so forth.GENERAL REQUIREMENTSAll headstones shall be cleaned prior to Memorial Day and Veteran’s Day and any other time as determined by the COR, with a washing of two (2) times per year minimal. The Contractor shall pressure wash sidewalks, curbs, and entrance gate and fence of cemetery. The natural surfaces shall be retained. They shall not be painted, white washed or calcimined. Any headstones that have any dirt splash up or grass debris from mowing/trimming shall be promptly cleaned when found.All equipment and supplies maintained and operated by the Contractor shall be consistent and fully compliant with all applicable Federal, State, and County laws, ordinances and regulations and meet State inspection, safety, licensing, registration, and insurance requirements.PROCEDURECleaning techniques shall demonstrate a clear understanding of, and the sensitivity to, such environmental issues as ground water contamination, wetlands, etc., and shall be consistent and fully compliant with all applicable Federal, State, and County laws, ordinances and regulations.Clean water shall be used to clean headstone. Cleaning techniques with water shall include high pressure spraying, scrubbing and/or rinsing.When water under pressure is used, the pressure shall not exceed 600 psi. Excessive soil, staining and/or discoloration may be removed with plain water and a stiff brush (no wire brushes, bleach, or abrasive cleaners/blasting shall be permitted), followed by rinsing with clear water.If water used in cleaning should soften the soil around the base of the headstone or marker so that the headstone or flat marker is loosened, care shall be taken not to tip the stone or marker out of plumb or alignment. Headstones shall be set and anchored firmly in place with no movement from forces subjected by the COR or inspector after cleaning has been completed.In turfgrass areas, care shall be taken to protect the turf area from any damage. Any turf damaged by the Contractor shall be restored at Contractor's cost.UPRIGHT MARBLE HEADSTONES ONLY: After cleaning upright marble headstones, apply a final undiluted spray application of “D/2 Biological Solution” cleaner (or approved equal) per manufacturer’s recommendations to all sides of the headstone: Apply to WET stone surface using a sprayer; gently agitate with a soft bristle brush, and RINSE thoroughly with water. Contractor shall submit the required Material Safety Data Sheets (MSDS) to the COR prior to use of any chemicals including but not limited to D/2 Biological Solution. DO NOT USE D/2 BIOLOGICAL SOLUTION ON UPRIGHT GRANITE, FLAT GRANITE, OR BRONZE MARKERS.SECTION 3HEADSTONE INITIAL AND REPLACEMENT SETTING; RAISE AND REALIGNMENT; AND COLUMBARIUM NICHE COVER INSTALLATIONWORK OVERVIEW. The result of the Contractor’s performance must meet or exceed the requirements of this section. This section outlines upright headstone and flat marker, initial and replacement setting, aligning, backfilling, and compacting. The Contractor shall provide all supervision, professional advice/guidance, labor, parts, materials, equipment, and personnel to provide the services defined herein. Work consists of setting new or replacement upright headstones and flat markers (hereafter referred to as “headstones”) on gravesites and resetting or realigning those already in place that have shifted out of vertical or horizontal alignment. It includes reporting physical defects to the Contracting Officer or his authorized representative.RECORD KEEPING AND REPORTING. The Contractor’s Superintendent or his designee shall provide the COR with daily written reports accurately identifying all upright headstones set and replaced listed by deceased names and headstone numbers for each gravesite location. GENERAL SPECIFICATIONSThe type of headstone or marker to be used will be determined by the COR through direction of the National Cemetery Administration and in accordance with the general plan of the cemetery.Headstones will be delivered to the Cemetery by Fort Bliss National Cemetery staff on a continual basis. The Contractor shall install headstones and niche covers within two (2) days of delivery to Fort Bayard National Cemetery and after notification from the COR. This time frame must be met regardless of the quantity or type of installations requested. All headstones received during the winter months must be set, except when weather conditions do not allow access to the gravesite. Jackhammers or other mechanical means shall be used during frozen ground conditions. The Contractor shall contact the COR with questions concerning accessibility.The Contractor shall submit an annual schedule of raising and realignment prior to start of work to the COR. The schedule shall be used in performing inspections on raising and realignments. The Contractor shall unload the headstones and niche covers from the government-operated vehicle and shall uncrate all stones received. The Contractor shall remove any glue or crating material from the headstones that may adhere to the surface. Cemetery personnel will inspect all headstones and niche covers for inscription accuracy and damage in accordance with the monument inscription report, and then notify the Contractor for installation when appropriate.The Contractor shall protect headstones and niche covers from the weather to avoid damage or staining in transporting or storage. Each stone shall be placed so as to rest on its bottom edge and leaning against a wall or other substantial support at a safe and stable angle at the storage area. Several stones may be stacked against the first stone to conserve space with a proper protective separator (such as cardboard) in all cases. The COR will designate a suitable area for storage of the stones at the Cemetery. If there is any breakage or damage in any form due to the Contractor's handling or negligence, the cost for replacement shall be borne by the Contractor. Defective headstones or niche covers shall not be set. Replacement stones will be ordered by the COR or his authorized representative.All temporary markers, floral, commemorative, or other type of decorations (arrangements) causing interference with the setting or raise and realignment of headstones shall be carefully, and in an orderly manner, moved during the installation and moved back to all gravesites upon completion by the Contractor. Prior to removal, the Contractor shall verify the numbering sequence and location of the headstone or flat marker and associated decorations or vases.Prior to starting work in each new initial burial section, coordinate the correct permanent gravesite control markers and the required gravesite row/gravesite spacing layout dimensions with the COR. Prior to setting any headstone or removing any headstone or marker from their sockets, the Contractor shall verify headstone number is in sequence with adjacent headstones to ensure the correct headstone/maker is being set on the correct gravesite.Trees or shrubs obstructing headstones shall be noted and the Contractor shall notify the COR for determination of remedial action or modification for installation. The Contractor shall restore all damage caused during performance of this work. Repairs shall be completed by the Contractor within fourteen (14) workdays, unless otherwise agreed to with the COR.Any headstones or niche covers broken or damaged by the Contractor shall be reported to the Cemetery Administrator or COR by close of business each working day in order that the grave can be properly marked. The Contractor shall be responsible for the cost of the headstone replacement. All headstone replacements must be coordinated with the COR. Any grid or sectional monuments disturbed, displaced or broken shall be replaced by the Contractor at his cost. All grid or sectional monuments disturbed, etc., shall be properly reset by a licensed land surveyor at Contractor’s expense.Curbs, roads, walks, turf, trees, utilities, etc. existing above and below the ground that are damaged or disturbed by the contractor during performance of contract work shall be repaired at the expense of the contractor.The Contractor shall report on his weekly inspection report to the COR the following:Number of initial headstones or niche covers installed and what section______Upright, ______Flat, ________Section(s); ______Niche Covers, ______Wall(s)Number of replacement headstones or niche covers installed and what section______Upright, ______Flat, ________Section(s); ______Niche Covers, ______Wall(s)Number of existing headstones raised and realigned, and what section______Upright, ______Flat, ________Section(s)UPRIGHT HEADSTONE AND FLAT MARKER SETTING PROCESSStandard upright headstones are approximately 42 inches long, 13 inches wide, and 4 inches thick and weigh approximately 230 pounds. Headstones may vary in size and weight depending on their age with regard to the production date.Standard granite flat markers are approximately 24 inches long, 12 inches wide, 3 to 4 inches thick, and weigh approximately 50-70 pounds.Prior to starting work in each burial section, coordinate the correct permanent gravesite control markers and the required gravesite row/gravesite spacing layout dimensions with the COR. Headstones shall be accurately adjusted and precisely installed on the correct gravesites by utilizing grave plotting maps, existing permanent gravesite control markers and/or temporary gravesite control markers. The Contractor shall accurately and precisely install temporary gravesite control markers at the ends of each gravesite row when not already existing and verified.Headstones for individual graves shall be erected on the centerline at the head of the grave with the inscription facing the grave. They shall be set plumb, in a line laterally, transversely, and diagonally with the headstones of other graves within the section. All headstones shall be set using a top string line, a face of headstone string line, a side of headstone string line and a transverse string line for proper alignment. All measurements and string line set-ups shall be taken from established section gravesite control markers, not from previously set headstones, unless otherwise directed by the COR. All measurements shall be made in ascending grave number order.At the start of work in each burial section, the first row of initial headstones in a burial section is to be inspected by COR for appearance, spacing, depth, alignment, plumb, height, accuracy, and smoothness in grade transition. No further setting of headstones shall be done until this first row has been inspected and accepted by the COR. It is the Contractors responsibility to notify the COR 24 hours in advance of when each of these inspections will be needed.The normal heights of 25 inches above finish grade for upright headstones and one (1) inch above finish grade for flat markers are the current standard height settings. Minor deviations in these standard heights are permissible only to provide a uniform appearance in the top line in order to compensate for slight ground rises or depressions within a burial section. In irregular terrain where sloping and uneven ground conditions exist, all headstones shall be set at proper heights and levels to provide a flowing transition through uneven terrain. In new initial burial sections where no turf or aggregate mulch is present, headstones shall be set at a height that allows for normal heights of 25 inches for upright headstones and one (1) inch for flat markers after topsoil, seed or sod, or aggregate mulch is applied. Headstone height(s) in new burial sections shall be determined by the COR. Initial and replacement headstones in old sections of the cemetery where such stones were not or cannot be set at the standard height of 25 inches shall be set at with the inscription the same distance above the ground as the adjacent headstones provided they can be set above ground level.Headstones may be removed from their sockets using wooden and/or metal clamps. If metal clamps are used, the area that contacts the headstone must be protected with a rigid fabric that shall prevent damage to and marking of the headstone. Clamps may be attached to a skid steer loader (i.e. Bobcat?) or similar machine to extract the headstone from the socket. WHEN HEADSTONES ARE REMOVED FROM THEIR SOCKETS, THEY SHALL BE CAREFULLY STORED ON EACH ASSOCIATED GRAVESITE. Use care not to scratch or damage headstones in any manner. Contractor shall be responsible for replacing damaged headstones and restoring all damages caused to turf or aggregate mulch during performance of this work. Headstones shall be lifted and transported or set by at least two (2) people unless special one-person devices are approved. Realignment, when consisting merely of straightening the headstone, may be accomplished by one (1) personSOCKET EXCAVATIONUpright Headstones: Sockets shall be dug with a three (3) inch clearance at the front, back, sides and underneath the headstone. Headstone sockets shall be dug to the required depth to meet the height and alignment requirements as specified in paragraph 3.4.7. See ATTACHMENT B Exhibit B-E.Flat Markers: Sockets/Trenches shall be dug directly below each headstone to a depth of five (5) inches, four (4) inches outward from long side of the headstone and six (6) inches outward from short side of the headstone. See ATTACHMENT B Exhibit H.UPRIGHT HEADSTONE INSTALLATION, BACKFILL, AND COMPACTIONAll headstone sockets shall be clean and free of loose dirt and debris prior to adding Crushed Rock Base Material. Moistened Crushed Rock Base Material shall be added and heavily tamped to 90% to 95% compaction in the bottom of the sockets to provide a minimum three (3) inch footing under the base of the headstone prior to the re-installation of the headstones. Moistened Crushed Rock Base Material shall be placed around all four sides of the headstones and compacted, providing for a minimum fourteen (14) inches depth of Crushed Rock Base Material along the sides of the headstone as measured from the bottom of the headstone. Typically there should be three (3) inches of space remaining from the top of the compacted Crushed Rock Base Material to the ground surface to allow tamped topsoil and grass seed, or aggregate mulch to be applied, to match surrounding landscaping. The actual measurement shall vary depending on the how much the headstone was raised or lowered and will be approved by the COR. See ATTACHMENT B Exhibit B-E.FLAT MARKER INSTALLATION, BACKFILL, AND COMPACTIONAll headstone sockets/trenches shall be clean and free of loose dirt and debris prior to adding Crushed Rock Base Material.Moistened Crushed Rock Base Material shall be added and heavily tamped to 90% to 95% compaction in the bottom of the 36” long x 20” wide area to provide a minimum five (5) inch footing under the grass paving material and flat marker, and leveled for the required alignment of the headstone.If not already in place, install a continuous strip of grass paving system along the entire length of each flat marker row beginning at the edge of the first flat marker and continuing until reaching the far edge of the last flat marker in the same row. GRASSPAVE2? has been installed in established flat marker sections at Fort Bayard National Cemetery. If the grass paving material must be spliced, this shall be done in accordance with the grass paving system manufacturer’s instructions. See ATTACHMENT B Exhibit H.If leveling or adjustments to the grass paving system are required, do not adjust the grass paving system by filling just under the low edge or area. This shall leave a void under the center or other area under the flat marker. Fill under the entire flat marker area and work out the excess fill to provide a full firm base under the flat marker. Directly underneath each flat marker, backfill the honeycomb voids of the grass paving system with Crushed Rock Base Material to fill the one (1) inch high rings and all spaces between the rings, and compact this material into place. The Crushed Rock Base Material shall be flush with the top of the grass paving material. The flat markers shall rest directly upon the grass paving material, which shall act as a base for the flat markers.Install the flat markers. See ATTACHMENT B Exhibit H.Backfill the remaining exposed trenched areas around and between all flat markers from top of the grass paving system with a minimum of three (3) inches of clean topsoil or aggregate mulch, to match surrounding landscaping, compacted firmly into place so that settlement shall not occur. See ATTACHMENT B Exhibit H.CRUSHED ROCK BASE MATERIAL SPECIFICATIONSCrushed Rock shall be composed of limestone, granite, dolomite, or any other hard, sound rock that is produced by blasting and then crushing.Crushed Rock shall be clean, hard, tough, and durable fragments (excluding schist, shale or slate) of uniform quality throughout and free of any detrimental quantities of soft, friable, thin, elongated or laminated pieces, disintegrated material, dirt, organic matter, oil, alkali, or other deleterious substance. Crushed Rock shall consist of hard durable fragments of particles of rock, free of stripping dirt, vegetation, and other foreign substances. Hardness: Resistant to breaking, crushing or crumbling.Shape: Sharp and angular (Do not use rounded pea gravel.)Gravel or Crushed Gravel mixed with filler, sand, crushed rock, or crushed stone is NOT an acceptable substitutes.Crushed Rock shall consist of the product obtained by crushing rock or stone so that is meets the following gradation requirements:Sieve Size % PassingParticle Size% of Passing1/2 inch1003/8 inch70 – 90No. 450 – 72No. 835 – 55No. 4014 – 32No. 2004.0- 10.0The gradation of crushed rock shall comply with ASTM D-448. Sampling and sieve analysis shall be performed in accordance with ASTM D-75 and ASTM C-PACTION OF CRUSHED ROCK BASE MATERIALThe Crushed Rock Base Material shall be compacted in lifts not exceeding 1-1/2” in thickness. Before compaction, moisten or aerate each layer as necessary to provide optimum moisture content. If the fines are dry at the time of compaction, use a very fine mist type hose and spray the Base Material sparingly. The moisture content of the material during placing operations shall be within ± 2% of the optimum moisture content as determined by ASTM D 1557. Compact each layer to 90% to 95% relative density. Do not perform compaction operations on excessively wetted soils.Tamping Tools: Shall be approved by COR prior to use. Tamping tools shall have sufficient impact area and weight to achieve 90% to 95% compaction of the Crushed Rock Base Material. Tamping tools made of wood or containing wood are not acceptableThe COR will spot check optimal moisture content by employing a quick test known as the “Hand Test” in which he/she will squeeze a handful of soil. Optimally the soil will have the right amount of moisture for proper compaction when it is moldable and breaks into only a couple of pieces when dropped. If the soil is powdery and will not retain the shape made by the COR’s hand, it is too dry; if it shatters when dropped, it is too dry; if the soil is plastic, leaves small traces of moisture on the COR’s fingers and stays in one piece when dropped, it has too much moisture for compaction.Existing sockets that exceed the correct depth requirements shall be filled with sufficient Moistened Crushed Rock Base Material and compacted per the requirements of paragraph 3.4.14 to achieve the correct final depth. After filling in the sockets in this manner, proceed with requirements in paragraphs 3.4.11 or 3.4.12 for completing the stone installation.In cases where sockets need to be realigned/shifted, and/or re-dug, apply the following procedures:After removal of the headstone, backfill and compact the existing socket prior to digging the new socket. Backfill the existing socket with Moistened Crushed Rock Base Material. Thoroughly tamp to 90% to 95% compaction at each 1-1/2” inch vertical intervals (1-1/2” inch lifts), leaving the last 3 inches at the top to have tamped topsoil and grass seed, or aggregate mulch applied. Contractor shall dig/excavate the new socket in accordance with the requirements in paragraph 3.4.10.The mean (or average) topsoil or aggregate mulch level shall be determined for the entire section to be aligned in all directions and approved by the COR. The Contractor shall use the mean (or average) topsoil or aggregate mulch level to allow all of the headstones in the section to be aligned vertically without having drastic changes in headstone heights (several inches) between the rows and columns of headstones in ALL directions. In irregular terrain where sloping and uneven ground conditions exist, all headstones shall be set at the proper height and overall level necessary to provide a smooth, flowing transition between ALL headstones in ALL directions through uneven terrain. The Contractor shall take the adjoining sections and/or terrain into consideration when determining the mean topsoil or aggregate mulch levels. IMPORTANT: To meet the requirement of a smooth, flowing transition, the Contractor may be required to set the headstones at a height other than at the required 25 inches above grade with approval by the COR. See ATTACHMENT BSpecific headstones in each burial section shall be chosen and designated to be “Key” stones (keystones) for use throughout the headstone setting process. See ATTACHMENT B All keystones are to be vertically plumbed and aligned by leveling the front, back, and sides while raising or lowering the headstone as necessary to achieve a height of 25 inches for upright headstones and one (1) inch for flat markers above the mean (average) topsoil or aggregate mulch level. These keystones are headstones that are visibly in line with the majority of the rest of the headstones in both the rows and the columns and are as close as possible to the proper measurements for that particular section of headstones. Keystones shall be at a maximum spacing of every 10th headstone or at a more frequent spacing as required in areas of sloped or rolling terrain in order to achieve a flowing transition between the rows and columns.Install heavy string lines along the front, sides, tops, and transversely of all applicable Keystones. The string lines shall be laid out to the correct dimensions as determined by Keystones and the requirements of paragraphs 3.4.1 and 3.4.4 such that the rows and columns are evenly spaced. All headstones shall be vertically plumbed and aligned by leveling the front, back, and sides while raising or lowering the headstone as required to achieve a height of 25 inches for upright headstones and one (1) inch for flat markers above the mean (average) topsoil or aggregate mulch level. IMPORTANT: To meet the requirement of a smooth, flowing transition, the Contractor may be required to set the headstone at a height other than at the required 25 inches or one (1) inch above grade, respectively, with approval by the COR. These measurements shall be adhered to as closely as possible and may be adjusted to suit unique site conditions with approval by the COR. See ATTACHMENT B.All remaining headstones in the rows, columns, and transverse directions are then aligned along the string lines front to back, side-to-side, transversely, and match the required row and column spacing for the section. All remaining headstones are to be vertically plumbed and aligned by leveling the front, back, and sides while raising or lowering the upright headstone or flat marker as required to achieve a height of 25 inches or one (1) inch, respectively, above the mean (average) topsoil or aggregate mulch level. See ATTACHMENT B. The installation, adjusting, and setting of the remaining headstones shall meet all requirements of this contract. A plus/minus (+/-) 1/8 inch maximum tolerance shall be maintained in the vertical, lateral, and transverse directions in accordance with the dimensional requirements of paragraphs 3.4.1 and 3.4.2. See ATTACHMENT B . The alignment of the headstones should be checked frequently during this process because the tamping of the headstones may move the headstone out of level or off the mark on the line.Headstones shall be installed to within one degree of fully vertical when measured on front and sides using a digital level.The completed set headstones shall be anchored firmly in place so that the headstones are rigid with no give or play regardless of the soil and terrain conditions. All headstones shall be firmly set and anchored in place with no movement from forces subjected by the COR.The measurements between rows or columns of headstones and between the headstones within each row or column may differ from one gravesite section to the next. This condition is to be discussed with COR where this is found to occur. Some variances may be allowed by the COR in order to keep a uniform appearance of headstones being aligned.Headstones set shall be clean of all dirt, handprints, etc. by the close of the work day in accordance with HEADSTONE CLEANING.Any headstones broken or damaged by the Contractor shall be reported to the COR or the Cemetery Director by close of business each working day in order that the grave can be properly marked. The Contractor shall be responsible for the cost of the replacement. The cost of the replacement headstone(s) will be deducted from Contractor’s invoice(s). All headstone replacements must be coordinated with the COR. Any existing permanent gravesite control markers, temporary contractor installed control markers, grid or sectional monuments that are disturbed, displaced, or broken shall be replaced and properly reset by a licensed surveyor at the Contractor’s expense. Curbs, roads, walks, turf, trees, utilities, etc. existing above and below the ground that are damaged or disturbed by the Contractor during performance of contract work shall be repaired at the Contractor’s expense. The requirements of this paragraph shall be completed by the Contractor within fourteen (14) workdays, unless otherwise agreed to by the ernment furnished marble, granite or slate headstones that are permanently removed from a grave for any purpose shall be transported by the Contractor to an approved location on cemetery grounds.TURFGRASS REESTABLISHMENT: All turf areas that are disturbed where headstone setting or raise and realignment work has occurred, shall have turfgrass re-established in accordance with Section 5.0, “LAWN MAINTENANCE: SODDING/SEEDINGSECTION 4TURF MAINTENANCE, FERTILIZING, WEEDINGGENERALAll work performed under this section is subject to the General Requirements which form a part of these specifications, and the Contractor shall be responsible for and governed by all the requirements thereunder.SCOPENCA STANDARD: High maintenance areas have a well-established, healthy stand of turf, or a weed-free and groomed aggregate mulch.The Contractor shall be responsible for maintaining the turf and aggregate mulch areas of the Cemetery and the immediate area surrounding the Cemetery in a healthy condition by proper application of fertilizers, chemicals (to control weeds, diseases and insect pests) and lime (if soil tests indicate it is needed). Turf areas should be 95 percent weed free. Aggregate mulch areas should be 98 percent weed free. The turf shall be aerated in fall. The turf shall be dethatched as needed in early spring if thatch layer reaches one-half (?”) inch or more in depth.EQUIPMENT AND SUPPLIESThe Contractor shall supply all necessary applicators, hoses and other equipment.Water shall be furnished by the Government at no cost to the Contractor.The Contractor shall furnish all required chemicals, fertilizers, soil amendments, and any other supplies. The Cemetery (COR or representative) will have soil testing of the site performed approximately every three (years), or as needed for projects. A copy of the soil test results will be provided to the contractor and COR, along with recommendation and guidance for the application of any required soil amendments, as indicated by the soil testing.PROCEDUREThe Contractor shall be responsible for taking all precautions to prevent damage to the Cemetery, in any manner, including headstones, markers, monuments, flower bases, trees and other structures during maintenance operations. The Contractor shall be charged current replacement costs for headstones, other Cemetery structures or property damaged as a result of actions by contractor personnel.Fertilizer: Fertilizer shall be applied in spring, summer, and fall unless otherwise directed by the COR. Turf fertilizer shall be a ratio of 4:1:2 or 3:1:2 (N-P-K) and the nitrogen formulation used for turf shall contain 50% slow release. The fertilizer shall contain micro nutrients. The fertilizer can be a different analysis as long as it is approved by the COR and MSN Agronomist prior to application.The fertilizer shall be applied according to the manufacturer’s instructions. The fertilizer shall be applied at a rate to achieve 4 to 5 pounds of N (nitrogen) per 1000 square feet per year.The fertilizer application equipment shall be correctly calibrated and the application made to achieve a uniform distribution of the fertilizer throughout the application area.The Contractor shall ensure that the fertilizer is properly watered in by adjusting the watering schedule as necessary. The Contractor shall make sure that all headstones, flat markers, monuments, sidewalks, patios, and other like surfaces are free of fertilizer granules immediately after the application and before watering in of fertilizer occurs. This shall aid in avoiding staining of surfaces. The Contractor shall be responsible for removal of any staining, marking, of headstones, flat markers, monuments, sidewalks, patios, and other like surfaces that occurs as result of a fertilizer application made by the Contractor.The Contractor shall schedule the fertilizer application with the COR and only apply once given approval by the COR. The Contractor shall give the COR a minimum one week notice prior to application.Soil Amendments: When soil tests indicate a need for soil amendments, the Contractor shall apply amendments at the rates indicated in those tests. Time of application shall be in late fall or early winter, unless local practice indicates a more favorable time. Weed Control: All weed growth and disease shall be controlled by means of mowing, trimming, pulling, harrowing, and spraying, or any other method approved by the COR and in accordance with the NCA Integrated Pest Management Plan.The herbicide applications shall be applied directly by or under the supervision of a current commercially licensed New Mexico State Certified Pesticide Applicator. All personnel using herbicide sprays shall be properly trained. All applications shall be performed as per the Rules and Regulations of the New Mexico Department of Agriculture, or other jurisdiction having authority over the Contractor’s applicator.Treatment of weeds in turfgrass areas shall be accomplished by two (2) pre-emergent herbicide applications, along with three (3) post-emergent herbicide treatments in Spring, Summer, and Fall, as approved and directed by the COR. Turf in high visibility areas shall be maintained at 95% weed-free throughout each year. Any repeat or follow up applications necessary to maintain the 95% weed-free standard, respectively, shall be applied at no additional cost to the government.General Schedule for Herbicide Applications in Turfgrass AreasPre-Emergent Application #1Late Winter/Early Spring –exact timing of application based on soil temperature and weather conditions. Prior approval from COR required before application.Pre-Emergent Application #2Late Summer/Early Fall – exact timing based on soil temperature and weather conditions. Prior approval from COR required before application.Post-Emergent Application #1Early Spring/Mid Spring – exact timing based on weed development. Prior approval from COR required before application.Post-Emergent Application #2Early Summer/Mid Summer – exact timing based on weed development and residual period of Post-Emergent Application #1. Prior approval from COR required before application.Post-Emergent Application #3Late Summer/Fall – exact timing based on weed development and residual period of Post – Emergent Application #2. Prior approval from COR required before application.The herbicides used by the Contractor in turf areas shall be specifically labeled for control of weeds in the Bermuda and any other types of turf at the Cemetery. The Cemetery turf is pre-dominantly Hybrid Bermuda. The COR shall order each turf application as needed, and the Contractor shall coordinate the application date and time with the COR. The Contractor shall coordinate the application date and time with the COR within three business days of receiving the order.Treatment of weeds in aggregate mulch areas shall be accomplished by hula-hoe, harrowing, pulling, or spot spraying, or any other method approved by the COR. Aggregate mulch in high visibility areas shall be maintained at 98% weed-free throughout each year. Any repeat or follow up applications necessary to maintain the 98% weed-free standard, respectively, shall be applied at no additional cost to the government.The herbicides used by the Contractor in aggregate mulch areas may be a broad-spectrum systemic herbicide, but extreme care shall be used to prevent overspray onto vegetative landscaping or spraying within root zones of vegetative landscaping. Pulling weeds by hand is advised in these situations to avoid damage. The Contractor shall be responsible for the proper timing of each application so that the highest resulting weed control for that application shall be attained.The Contractor is responsible for specifically following all label directions on the bag/container of herbicide at all times. This includes, but is not limited to, all safety, mixing, weather conditions, and application directions and information.The Contractor shall always mix and apply herbicide so as to provide optimum control of target weeds, according to label directions. All Contractor personnel shall be properly clothed and wearing proper safety equipment during any and all applications. All mixing of chemicals and filling of tanks shall be performed off site or only in an appropriate area of the Cemetery as determined and directed by the COR.Performance of work shall not impede nor disturb any burials or memorial services, or burial operations at any time. As a general “rule of thumb” work should not take place within 1000 feet of a committal shelter during a service, or during a ceremony in the Cemetery.The Contractor shall coordinate any watering requirements to activate chemicals, as needed. The Contractor shall schedule and perform this watering requirement.Plants, shrubs, trees, bushes, or other vegetative landscaping that are damaged or killed by the Contractor due to careless herbicide application shall be replaced with similar quality and size plantings at no additional cost to the government. The Contractor shall contact the COR prior to replacing any plantings.Prairie Dogs, Gophers and Moles and any other Pest: Prairie dogs, gophers and moles and any other pest shall be controlled by accepted industry practices and standards appropriate for the pests present or by elimination of their food source through the use of pesticides. All measures to eliminate or control pests shall be performed and supervised by a state licensed applicator/pest control specialist. The Contractor shall ensure that soil shall be tamped into holes and turf replaced or reseeded, or aggregate mulch replaced and tamped to ensure acceptable appearance at all times.Notifications and Records: Signs shall be posted informing the public that a chemical has been applied (Date and Time of Application).The Contractor shall provide to the COR, in writing, a list of all herbicides, mixes, and related surfactants or other chemicals, along with the amount of product per acre, percentage of solution, and/or application rate per 1000 square feet (and/or per acre), prior to any and all applications being performed. The Contractor shall also provide the COR with a copy of the label for any and all herbicides and other chemicals or surfactants, prior to any and all applications being performed. The Contractor shall NOT begin any application without providing this information to the COR, and obtaining the approval of the COR to proceed.A written record of the application shall be delivered to the COR within five working days of application. The written record shall show the name of the company and the names and titles of the company’s staff that performed the application. The written record shall show all areas treated, the chemicals used, and the temperature and the average wind speed during the time of application.SECTION 5LAWN MAINTENANCE: SODDING/SEEDINGGENERALAll work performed under this section is subject to the General Requirements and Contract Documents to Bidders, which form a part of these specifications, and the Contractor shall be responsible for and governed by all the requirements there under.SCOPENCA STANDARD: Turf used shall be compatible with the geographic region and adheres to the Cemetery Master Plan, where applicable. Guidance from COR, Agronomist in Memorial Service Network (MSN) office, or Landscape Architects in NCA Central Office is adhered to regarding turf selection and installation.Work consists of sod bed preparation and sodding/seeding of areas of the cemetery where the turf has been disturbed or has died. In particular, all newly dug or refilled graves shall need resodding/seeding. The Contractor shall be responsible for the removal and disposition of dead ground and shall refill the site with quality topsoil and perform the sodding/seeding to include the bare areas to insure a quality turf. Delivery tickets, indicating date, weight, analysis, purity, and vendor’s name, etc. are to be submitted to the COR.EQUIPMENT AND SUPPLIESKind of Sod/Seed% Purity% GerminationTall Fescue (Hulled)98 or greater95 or greaterOnly cultivars of grass sod/seed that have been adapted in the State of New Mexico and certified by the State Agronomy Testing Laboratory will be accepted. Any substitution of sod/seed type, weight or application must be specifically approved by the COR in writing. Sod/seed is to be free of all noxious weeds. Tall Fescue is to be the primary grass to be developed.PROCEDUREThe Contractor shall be responsible for mowing and watering all sodded/seeded areas and maintaining them in a healthy and vigorous condition.The Contractor shall, at his own expense, replace any sod which has died or been damaged during the establishment period.Healthy turf shall be re-established within 30 days on all grave re-openers during the growing season.SECTION 6LAWN MAINTENANCE: MOWING, TRIMMING & EDGINGGENERALAll work performed under this section is subject to the General Requirements and contract documents which form a part of these specifications, and the Contractor shall be responsible for and governed by all the requirements there under.SCOPENCA STANDARD: Turf shall be maintained at a height within one-inch range of that which is professionally recommended for the recommended grass type for that geographic region. Optimally, the height is no more than one-half an inch (?”) above that range. Turf surrounding a headstone or marker shall be trimmed to its recommended height. There shall be no signs of “grass burns” caused by mowers. There shall be no scalping of turf by mowers or trimmers.The Contractor shall be responsible for mowing, edging and trimming all grass within the Cemetery and outside perimeter enclosure walls as specified by the COR.The Contractor shall be responsible for mowing and trimming all unimproved native turf areas within the cemetery property boundary as specified by the COR. This encompasses approximately 5 acres. This turf shall be maintained at a height as determined by the COR. It is estimated these areas shall require mowing and trimming six (6) times during the growing season.EQUIPMENTCommercial grade rear discharge or mulching riding mowers may be used provided that they are not operated within two (2) inches of headstones, markers, monuments, tree trunks or other vertical mercial grade power trimmers and power edgers shall be used to trim grass from around headstones, monuments, markers, etc. (see TRIMMING below).Cutting blades on mowing and trimming equipment must be kept sharp so that grass tips are properly cut - not torn or damaged. Cutting heights of all mowing equipment shall be set according to heights specified below, or as instructed by the COR. The height of grass is what is measured to get correct cutting height.PROCEDURETurf shall be cut to maintain heights as set forth below, or as instructed by the COR:Cutting Height, InchesTurf grass Species2.5 to 3”Tall FescueMowing will be inspected by the COR on an unscheduled basis during growing season, which is typically April through October. The growing season may require mowing twice weekly. Mowing should be performed often enough so that no more than 1/3 of leafage is removed at any one mowing. Turf in burial and public areas should be maintained at a height within one inch range of that which is professionally recommended for the recommended grass type for that geographic region. Optimally, the height should be no more than half an inch above that range. For example, the height of Tall Fescue grass should be between 2.5 and 3.0”. Grass is trimmed on borders.All streets, curbs, walkways, tree wells and shrub beds shall be edged inside and outside cemetery grounds. COR will conduct random inspections of edging on an unscheduled basis.All unmowed grass around headstones, monuments, markers, and other vertical surfaces shall be trimmed/edged to keep the grass at the height standard described in section 4.A and 4.B of the lawn maintenance section of this contract without scalping between stones or around stones.Care and maintenance of shrubs. All non-flowering shrubs shall be trimmed monthly during the growing season or as needed to maintain healthy, uniform growth and appearance. All flowering shrubs shall be maintained as needed during the growing season to promote flowering, and maintain uniform growth, and appearance. All flowering shrubs shall be trimmed/pruned at the end of the growing season (flower production) to maintain healthy, uniform growth, and appearance. Shrub areas shall be kept free of shrub trimmings or any other debris. Shrubs shall be properly fertilized two (2) times per year with proper slow release type shrub fertilizer; one (1) application in Spring, and one (1) application in Fall.The walkways (inside and out), flagpole bases, interment area, and roads shall be cleaned up of grass clippings and leaves after mowing, weed-eating, edging, and trimming.SECTION 7AGGREGATE MULCH MAINTENANCE AND RE-ESTABLISHMENTGENERALAll work performed under this section is subject to the General Requirements and contract documents which form a part of these specifications, and the Contractor shall be responsible for and governed by all the requirements there under.SCOPENCA STANDARD: Aggregate mulch shall be maintained with a smooth, compact, and level grade. Aggregate shall not be mounded, but shall conform to existing grades.This section outlines maintenance and re-establishment of the aggregate mulch. The Contractor shall provide all supervision, professional advice/guidance, labor, parts, materials, equipment, and personnel, to provide the services defined herein.SUPPLIESAggregate Mulch: Franklin Red Gravel Mulch. May range in nominal sizes from ?” to 1-?”. The COR will provide the required grading; the Contractor shall provide the material submittal for COR approval prior to ordering. Mulch shall be clean, hard, tough, and durable fragments; and of good uniform quality throughout. Mulch shall be free of admixture of subsoil, foreign matter, toxic substances, weeds and any other deleterious materials or substances. Mulch shall be sharp and angular. (Do not use rounded pea gravel.)The nominal size of aggregate mulch to be used in a particular location will be determined by the COR through direction of the National Cemetery Administration and in accordance with the general plan of the cemetery.The Contractor shall purchase and stockpile new, clean aggregate mulch, segregated by size, in a central location on the Cemetery grounds approved by the COR. Salvaged aggregate mulch (for example, from interments) shall be transported back to the stockpile area and segregated by size for screeding and later reuse as “clean” mulch.EQUIPMENTCommercial grade tow-behind or riding pneumatic compactors, and tow-behind harrows or rakes may be used provided that they are not operated within two (2) inches of headstones, markers, monuments, tree trunks or other vertical mercial grade pedestrian plate or rolling compactors, and hand rakes shall be used to level and compact aggregate mulch within two (2) inches around headstones, monuments, markers, etc.RECURRING MAINTENANCE AND GROOMING PROCEDURESAggregate mulch shall be leveled and compacted periodically to maintain a smooth, compact, and level grade, or as instructed by the COR. Slight depressions less than 2 inches (see REFILLING SUNKEN GRAVES for more serious depressions), footprints, ruts, and other grade imperfections shall be smoothed and filled in, when possible, with adjacent aggregate mulch. When adjacent mulch is not sufficient to backfill depressions and still provide a smooth, compact, and level surface, the Contractor shall import clean mulch from the stockpile area and recompact the mulch.If the top surface of the aggregate mulch is disturbed by leveling operations, the Contractor shall recompact the aggregate mulch in accordance with the above procedures.The general appearance of the aggregate mulch will be inspected by the COR on an unscheduled basis year-round. The Contractor shall be required to groom the aggregate mulch at least weekly, and immediately after damaged by a severe weather event.RE-ESTABLISHMENT PROCEDURESPlace clean mulch uniformly over disturbed areas such as surrounding new, replaced, or raised and realigned headstones; opened or reopened gravesites; or other disturbed landscaped areas. Install three (3) inches of mulch as the final three (3) inches of backfill around each headstone and over each gravesite. Fully compact the mulch firmly with a tamper or roller to lock aggregate in place and provide a firm walking surface.In areas where mulch work has been completed, clear the area of all debris. Any areas damaged during establishment operations shall be restored to their original condition.SECTION 8IRRIGATION SYSTEM MAINTENANCE & OPERATION:GENERALAll work performed under this section is subject to the General Requirements and contract documents which form a part of these specifications, and the Contractor shall be responsible for and governed by all the requirements there under.SCOPEThe Cemetery is an improved area requiring irrigation and shall receive sufficient amounts of water as necessary to present turf with a uniform green color without browning, no barren areas (where there is supposed to be turf) resulting from lack of water, and healthy foliage for trees, bushes, and plants. The Contractor is responsible for maintaining the irrigation system in full working order and providing adequate coverage to maintain turf with a uniform green color without browning or barren areas, and adequate flow for trees, bushes, and plants. The government will provide general training on the use of the Cemetery irrigation system. The Contractor’s use of the Cemetery irrigation system shall be mandatory. PROCEDUREThe Contractor shall coordinate with the COR prior to the Contractor charging up the irrigation system. The Contractor shall commence charging of systems (weather permitting) no earlier than April 1, with all irrigation lines charged by April 30. The Contractor shall inspect irrigation system for proper operation on a daily basis throughout the irrigation season (typically April 1 through October 31 annually).The government does not guarantee 100 percent coverage by irrigation systems. The Contractor shall ensure all improved areas receive water and shall further prevent runoff into the streets or drainage ditches, or accumulation of water in low areas. The government retains the right to operate all irrigation systems, to include the timers or main valves. The Contractor shall adjust watering times such that all systems have adequate pressure to function properly and do not reduce pressure in water mains such to cause operational problems.The Contractor shall provide all labor supervision, equipment, parts, replacement parts, materials, etc. to maintain sprinkler heads, bubblers, sprayers, and riser connections as necessary to eliminate obstructions, leaks, and other defects which would prevent proper operation of the irrigation system, at no additional cost to the Government. Sprinkler heads, bubblers and sprayers shall be maintained clear of dirt and other debris for approximately 1 inch around their outside circumference. Replacement sprinkler heads, bubblers, and sprayers shall be of the same make, manufacturer, model, flow rate, and spray pattern as existing. The Contractor shall provide all required labor, supervision, equipment, parts, replacement parts, materials, etc. to maintain the installed sprinkler system, to include, but not limited to, valve systems, underground piping, sprinkler heads, bubblers, sprayers, and riser connections. Any damage to such systems caused by the Contractor shall be repaired or replaced by the Contractor at no expense to the Government. The Contractor shall promptly report damage to or malfunction of any sprinkler system to the COR. The Contractor shall operate and maintain the irrigation systems in good working order and repairable condition at all times. Hoses, portable sprinklers, portable pipe, and similar irrigation equipment shall be removed from areas at the end of each workday or when not actually in use. All valves, covers, and valve box covers shall be kept closed at all times except when in actual use.The Contractor shall repair the sprinkler system by locating and repairing or replacing defective and broken electric and manual valves, valve control boxes, irrigation valve pit covers, controller, controller boxes, electrical wiring (between timer and valves), controller pedestals, sprinkler heads, bubblers, sprayers, risers, water lines, automatic and manual drains, backflow preventers, air vacuum breakers, all types of fittings (tees, unions, ells, nipples, clamps, etc.), and pipes. Sprinkler heads and valve control boxes shall be flush with the ground and level. The Contractor shall clean out sprinkler heads, bubblers, sprayers, and nozzles when plugged with debris. The Contractor shall repair or replace lines at no additional cost to the government when water lines break or debris accumulation occurs. The Contractor may be required to flush out the systems with either water pressure, air pressure, or both to remove accumulation of debris from the water lines as a result of water line breaks. Faulty water main supply valves are the government’s responsibility.The Contractor shall respond within thirty (30) minutes during business hours and within two (2) hours during non-duty hours, after notification, for repairing leaks, breaks, faulty controllers, valves not completely shut off or controllers identified as being stuck in the "on" position. The Contractor shall maintain the irrigation system; however, due to certain functions, events and practices, special request for timers and sprinkler systems adjustments may be required to meet these activities.The Contractor shall seek to improve the efficiency of the irrigation system. Irrigation heads shall be adjusted whenever their coverage or volume is inadequate or too plentiful. The Contractor shall abide by any local, state, or other water agency regulations or controls in force at the time of this contract.SECTION 9LEAF COLLECTIONGENERALAll work performed under this section is subject to the General Requirements and Contract Documents to Bidders which form a part of these specifications, and the Contractor shall be held responsible for and governed by all the requirements there under.SCOPENCA STANDARD: All turf, roadways, sidewalks and committal shelters shall be free of debris (i.e. leaves, nuts, fallen branches and trash).Work consists of collecting and removing from the cemetery grounds and the immediate area outside the cemetery wall, all fallen leaves, nuts, and twigs as frequently as necessary to keep a debris free appearance. Random and unscheduled inspections will be conducted by the COR. GENERAL REQUIREMENTSLeaf collection and removal shall be accomplished from January 1 through December 31 annually. All fallen leaves shall be removed during this period, except when delayed by the onset of severe weather conditions. The Contractor shall schedule removal work accordingly.PROCEDURELeaves, nuts, and twigs shall be hand raked, vacuumed or blown by walk-behind push type machines from interment areas into the roadways, and then collected and properly disposed of from cemetery grounds which includes right of way outside cemetery walls. Any accumulations of mulched leaves shall be removed from the Cemetery.The Contractor shall inspect all areas of the cemetery during this period and ensure that there are no accumulations of leaves in any area.SECTION 10PLANT MATERIAL MAINTENANCEGENERALAll work performed in this section is subject to the General Requirements and instructions to bidders which form a part of these specifications, and the Contractor shall be responsible for and governed by all the requirements there under.SCOPENCA STANDARD: Trees and shrubs are to be maintained in a healthy, vigorous condition free of pests and disease.Trees and shrubs shall be trimmed and maintained at a proper size and shape for its particular size and type according to industry standards.Trees shall be maintained in a condition free of broken limbs or branches.Ornamental trees and shrubs shall be maintained so that they enhance and do not detract from the appearance of public areas.Ornamental trees and shrubs shall be pruned in a manner that ensures they do not pose a hazard to staff and visitors.Woodland areas are maintained so that they enhance and do not detract from public areas.Cemetery planting beds are well maintained and attractive.High maintenance areas, in which turf is not a part of the cemetery design, shall be maintained in a manner that is appropriate for the medium in place.Work consists of, but is not limited to, maintaining shrubs and trees in a healthy and attractive condition by proper watering, pruning, removal of dead branches, cultivation and mulching. Notify COR of any pest infestation in trees and obtain further guidance from the COR.GENERAL REQUIREMENTSPersonnel shall be properly trained in the operations they are to perform. If pesticide sprays are used, the person in direct charge shall be licensed by the State.EQUIPMENTAll necessary equipment for this maintenance performance shall be furnished by the Contractor unless specifically stated otherwise.All cutting tools shall be kept sharp and properly functioning.Materials for spraying and fertilizing shall be supplied by the Contractor and proper records kept in accordance with state regulations.PROCEDURETrees shall be kept free of suckers and broken branches.All cuts shall be made according to ANSI A300 Standards.The saucers (watering basins) around newly planted trees shall be kept free of grass and weeds. Shredded pine or fir bark mulch (or equivalent) shall be added when required and/or ordered by the COR or his authorized representative. No bark chips or nuggets shall be allowed.All new trees shall be staked (as indicated in Department of Memorial Affairs Standard Specifications – obtained from the COR). Any tree showing adverse effect from high winds shall also be staked. Trees, which have been damaged in any way, shall be reported to the COR, or his authorized representative. All plant material destroyed by the Contractor shall be replaced at Contractor's cost.Hedges shall be trimmed to promote a healthy and attractive appearance and uniform growth over all parts of the plant, with the bottom wider than the top. Hedges and shrubs shall be kept free of dead branches, leaves and all weed growth. Weeds and their root system shall be removed.Beds containing shrubs shall be kept attractive and free of weeds. Any cultivation shall be generally shallow to avoid any damage to roots. Dead or dying plant material shall be reported to the COR. Replacement plants, if needed, shall be furnished by the COR and planted by the Contractor as funds are available.All shrubs shall be watered during the growing season to the degree needed to maintain an attractive appearance should natural rainfall fail to provide the moisture needed.SECTION 11PRUNING STANDARDS FOR SHADE TREESGENERALAll work performed under this section is subject to the General Requirements and Instructions to Bidders which form a part of these specifications, and the Contractor shall be responsible for and governed by all the requirements there under.SCOPENCA STANDARD: Trees and shrubs are to be maintained in a healthy, vigorous condition free of pests and disease. Trees and Shrubs shall be trimmed and maintained at a proper size, form and shape for its particular size and type according to industry standards. Trees shall be maintained in a condition that is free of broken limbs or branches. Pruning should focus on maintaining tree structure, form, health and appearance by: Removal of dead, dying, diseased branches by the Contractor. GENERAL REQUIREMENTSThe types of pruning generally used in the tree industry are as follows: Crown Cleaning, Crown Thinning, Crown Raising, Crown Shaping and Crown Restoration as found in ANSI A300 standards. Contractor is required to maintain trees up to a maximum height of 15 feet. Any tree maintenance required above 15 feet shall be reported to the COR.PROCEDURECROWN CLEANING: Crown Cleaning shall consist of the selective removal of one or more of the following items: dead, dying, diseased, weak branches and water sprouts from a tree’s crown.CROWN THINNING: Crown Thinning shall consist of the selective removal of branches to increase light penetration, air movement and reduce weight.CROWN RAISING: Crown Raising shall consist of the removal of the lower branches of a tree in order to provide clearance.CROWN SHAPING: Crown Shaping reduces the height and/or spread of a tree. Consideration should be given to the ability of a species to sustain this type of pruning. The Contractor shall not be required to reduce the height of a tree. The Contractor shall only reduce the spread of a tree, as needed to perform proper crown raising (removal of bottom branches for clearance), if any.CROWN RESTORATION: Crown Restoration should improve the structure, form and appearance of trees that have been severely headed, vandalized or storm damaged.METHODSWhen pruning/trimming trees, drop crotch as much as possible and avoid cutting back to small suckers. Remove smaller limbs and twigs in such a manner as to leave the foliage pattern evenly distributed.In pruning/trimming the bottom branches of trees for under clearance, care should be given to symmetrical appearance, and cuts should not be made so large they shall prevent normal sap flow. The under clearance of trees shall be maintained at ten (10) to fifteen (15) feet, depending on the species and maturity of the trees, and as instructed by the COR. The bottom canopy shall be trimmed/pruned to maintain consistent height from ground level throughout the canopy. When trimming/pruning any diseased and/or insect infested/damaged branches, care shall be taken to properly clean and sanitize all cutting tools before and during the operation to prevent spread or transfer of any disease and/or insects to other healthy plant tissue or plant material. Newly planted and younger developing (non-mature) trees shall be trimmed/pruned to promote healthy, vigorous, and aesthetically pleasing growth and shape, keeping in mind the species of the tree. Remove any inward growing or crossing branches. Crown-raising on newly planted or younger developing trees shall only be done to promote proper growth, and not to specifically meet above stated ground clearance.SECTION 12REFILLING SUNKEN GRAVESGENERALAll work performed under this section is subject to the General Requirements and Contract Documents to bidders which form a part of these specifications, and the Contractor shall be responsible for and governed by all the requirements there under.SCOPEWork consists of refilling sunken graves with suitable soil to match existing adjacent graves. The Contractor shall check the cemetery for holes and washouts and shall fill them immediately.GENERAL REQUIREMENTSA sunken grave is defined as any gravesite that has receded two (2) inches from the existing adjacent grade. Standard graves excavated and backfilled are approximately three and one-half feet wide and approximately eight feet long. The Contractor shall identify sunken graves requiring repair.Refilling of sunken graves shall be accomplished as soon as practicable.PROCEDURESunken graves shall be filled with approved select backfill and tamped to within two (2) inches of established grade. Topsoil shall be added to bring the gravesite to established grade. The disturbed area shall then be raked free of stones and any debris larger than one (1) inch measured in any direction. The area shall then be sodded/seeded as specified. (See Lawn Maintenance: Sodding/Seeding). When possible, sod should be removed and replaced. Area should be tamped level after filling the hole.SECTION 13TRASH AND DEBRIS REMOVALGENERAL All work performed under this section is subject to the General Requirements to bidders which form a part of these specifications, and the Contractor shall be responsible for and governed by all the requirements there under.SCOPE Work consists of collecting and removing all trash, debris, dead or unsightly flowers, tree limbs, as well as any other debris within area defined by the Contracting Officer's Representative (COR), in accordance with the floral regulations of the cemetery (reference Attachment H).REQUIREMENTS A. All trash, debris, contents of trash cans, dead or unsightly flowers and fallen tree limbs shall be removed from the cemetery areas daily or more frequently as necessary. B. All flora decorations shall be removed as needed and/or in accordance with cemetery floral regulations. C. The Contractor shall provide the necessary labor and suitable conveyance each workday for pickup of this debris from cemetery grounds. A dumpster placement area is available at this cemetery. D. Removal of debris and disposal away from the cemetery grounds shall be the responsibility of the Contractor.All walkways, roads, and parking areas shall be swept prior to interment services or on a weekly basis, whichever is more frequent. F. Storm Clean-Up (wind, rain, hail, snow, ice, etc): Cemetery should be checked and cleaned up next working day following the storm unless the extent of the storm prompts civil defense authorities to declare emergency movement only. Should this occur, clean-up should be done as soon as emergency restrictions are lifted. G. Cemetery area includes all of the cemetery property to include surrounding areas of inside and outside the fence to the road. (Reference Attachment G).SECTION 14SNOW AND ICE REMOVALGENERALAll work performed under this section is subject to the General Requirements and Contract Documents to Bidders which form a part of these specifications, and the Contractor shall be held responsible for and governed by all the requirements there under.SCOPEWork consists of removal of snow and ice from the cemetery driveway, all walkways on the cemetery grounds, all steps to buildings and structures, sidewalks surrounding the cemetery site, and areas outside the cemetery fence as designated by the COR. In the event of an interment during the snow season, the Contractor shall be responsible for clearing passages from the roadway to the gravesite.GENERAL REQUIREMENTSSnow removal shall be accomplished by using a plow attached to a tractor or a self-propelled unit, snow blower or shovel. The tractor or self-propelled unit shall be restricted to paved areas.Ice removal shall be accomplished by applying a de-icer. This chemical must be of the type that shall not stain or damage carpeting, flooring, turf, shrubbery, trees, walkways and driveways.Contractor shall take precautions to prevent damage to buildings, roadways, sidewalks, curbing, trees, headstones and markers by equipment used to remove snow and ice. Contractor shall be responsible for repairing any damage caused by equipment in the performance of snow and ice removal.SECTION 15PLACEMENT OF FLAGSA small flag shall be placed on each gravesite not more than three (3) days prior to Memorial Day (Boy Scouts and other volunteer organizations may assist the Contractor) and shall be removed on the first workday following Memorial Day, weather permitting. Flags shall be counted, bundled into bundles of 20 and placed back in storage. The Government shall furnish flags and storage space for the flags.On Memorial Day, the Contractor shall furnish the following services:The United States Flag shall be flown at half-staff from 8:00 a.m. until 12 noon, when it shall be raised to full staff.The Avenue of Flags (if flown) shall be in place by 8:00 a.m. on Memorial Day and removed the following day or as soon as weather permits. On Veteran's Day, the Contractor shall furnish the following service: The Avenue of Flags (if flown) shall be in place by 8:00 a.m. on Veteran's Day and removed the following day or as soon as weather permits.SECTION 16JANITORIAL SERVICESGENERALAll work performed under this section is subject to the General Requirements and Contract Documents to Bidders which form a part of these specifications, and the Contractor shall be held responsible for and governed by all the requirements there under. Contractor is to furnish any/all cleaning supplies, and toilet paper, paper towels and soapSCOPEWork consists of cleaning, sanitizing and maintaining all public restrooms at the Fort Bayard National Cemetery.GENERAL REQUIREMENTSAll trash cans shall be emptied, cleaned and sanitized daily (Monday through Friday).All dirt, debris, urine, feces and water shall be removed from all floor surfaces daily or more frequently as required. All sinks and counter tops shall be cleaned, sanitized and wiped to remove all excess standing water daily.All glass surfaces shall be cleaned with an appropriate glass cleaner so that the surface is free of grease, dirt and smudge marks daily.All toilets are to be cleaned and sanitized daily.Any feminine hygiene disposal units shall be emptied, cleaned and sanitized in a method approved for cleaning and disposing of blood borne pathogensFloors shall be mopped with a disinfecting cleaning solution daily.An adequate supply of toilet paper, paper towels and soap shall be maintained on a daily basis so that there is always a roll on the dispensers and one back-up roll available for all restrooms.Per the FAR, if a federal entity is not the direct purchaser of a product or service and contracts the purchasing to another entity, 48 CFR 52.208-9, outlines that a contractor must use mandatory sources of supply or services currently provided on the mandatory procurement list. TECHNICAL SPECIFICATION EXHIBITSEXHIBIT NUMBEREXHIBIT TITLEAGravesite And Interment DiagramBUpright Headstone Installation Details For TurfCUpright Headstone (Civil War Type) Installation Details For TurfDUpright Headstone Installation Details for Xeriscaped SurfaceEUpright Headstone (Civil War Type) Installation Details for Xeriscaped SurfaceFPlan View – Upright Headstone Burial Section Layout and RealignmentGElevation View – Upright Headstone Burial Section Vertical AlignmentHFlat Marker Installation Details (w/ Grass Paving Material) for Xeriscaped SurfaceIPlan View – Flat Marker Burial Section Layout and RealignmentJElevation View – Flat Marker Burial Section Vertical AlignmentEXHIBIT AGRAVESITE AND INTERMENT DIAGRAMFor cases not covered herein, which cannot be satisfactorily resolved locally, the Contractor shall consult the Director, National Cemetery Memorial Service Network Office, Denver, CO, or his authorized representative for advice on determination of action to be taken.EXHIBIT BUPRIGHT HEADSTONE INSTALLATION DETAILS FOR TURFEXHIBIT CUPRIGHT HEADSTONE (CIVIL WAR TYPE) INSTALLATION DETAILS FOR TURFEXHIBIT DUPRIGHT HEADSTONE INSTALLATION DETAILS FOR XERISCAPED SURFACEEXHIBIT EUPRIGHT HEADSTONE (CIVIL WAR TYPE) INSTALLATION DETAILS FOR XERISCAPEEXHIBIT FPLAN VIEW – UPRIGHT HEADSTONE BURIAL SECTION LAYOUT AND REALIGNMENTEXHIBIT GELEVATION VIEW – UPRIGHT HEADSTONE BURIAL SECTION VERTICAL ALIGNMENTEXHIBIT HFLAT MARKER INSTALLATION DETAILS (W/ GRASS PAVING MATERIAL) FOR XERISCAPEEXHIBIT IPLAN VIEW – FLAT MARKER BURIAL SECTION LAYOUT AND REALIGNMENTEXHIBIT JELEVATION VIEW – FLAT MARKER BURIAL SECTION VERTICAL ALIGNMENT1. The purpose of this attachment is to:List the contract requirements considered most critical to acceptable contract performance.Show, where applicable, the maximum allowable degree of deviation from perfect performance for each requirement that shall be allowed by the Government before contract performance is considered unsatisfactory.Define the procedure the Government shall use in reducing the Contractor's monthly payment if satisfactory performance is not rendered. Define the procedure the Government shall use in reducing the Award Term points if minimum acceptable level is not obtained. E. List the Award Term points that may be accrued each quarter. Points for each year may not be carried over to the next year. Award Term points are reduced to a zero (0) balance at the beginning of each contract year.2. The Government's quality assurance procedures are based on actual performance of the contract and all areas shall be reviewed periodically, (e.g. weekly, monthly, quarterly, semi-annually, etc.).3. The criteria for acceptable and unacceptable performance are as follows: A. Contract requirements. The criteria for requirements are the level of performance deemed acceptable to the Government. B. If the quality of work does not comply with the contract requirements the Contracting Officer's Representative shall initiate and the Contractor shall be required to complete a Contract Discrepancy Report (CDR). C. The CDR shall require the Contractor to explain in writing why performance was unacceptable, how performance shall be returned to an acceptable level, and how recurrence of the problem shall be prevented in the future. The Contractor shall not be paid for services not rendered in accordance with the standards set forth in this contract. D. If the level of performance is deemed unacceptable to the Government concurrent with two unsatisfactory ratings, monthly payment shall be reduced for unsatisfactory performance by the percentage as shown in the charts below.PERFORMANCE STANDARD CHARTSGRAVE EXCAVATION, BACKFILL, AND INTERMENTSPerformance StandardMinimum Acceptable Level (MAL)Desired Level (DL)DisincentiveIncentiveGravesite is ready for viewing by the next of kin within 1 ? hours after the interment service.Gravesite is ready for viewing by next of kin within 1 1/2 hours after the interment service 90% of the time.Gravesite is ready for viewing by next of kin within 30 minutes after the interment service 100% of the time. 25% of invoice deducted for failing to meet MAL.3 Point Awarded for Meeting or exceeding DL 100% of the time for 1 quarter.Safety Maintained during operationsNo 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.3 Award Point deducted for safety violation.3 Point Awarded for no safety violations for one quarter.Equipment ReadinessContractor has all equipment in safe and working condition for this operation.Contractor has all equipment in safe and working condition for this operation.3 Award Point deducted for failure to have equipment in safe and working condition.3 Point Awarded for meeting or exceeding DL 100% of the time for one quarter.HEADSTONE SETTING AND ALIGNMENTPerformance StandardMinimum Acceptable Level (MAL)Desired Level (DL)DisincentiveIncentiveHeadstones and Markers are properly aligned.80% of Headstones and Markers inspected meet proper height and alignment requirements.90% of Headstones and Markers inspected meet proper height and alignment requirements.20% of invoice deducted for failure to meet MAL.3 point awarded for meeting or exceeding DL for a period of one quarter.Safety Maintained during operationsNo 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.3 Award Point deducted for safety violation.3 Point Awarded for no safety violations for one quarter.HEADSTONE CLEANING AND MAINTENANCEPerformance StandardMinimum Acceptable Level (MAL)Desired Level (DL)DisincentiveIncentiveHeadstones and Markers are clean and free of debris and objectionable accumulations80% of Headstones and Markers inspected are acceptably clean and free of debris 90% of Headstones and Markers inspected are acceptably clean and free of debris20% deduction from invoice for failure to meet MAL.3 point awarded for meeting or exceeding DL for one quarter. Safety Maintained during operationsNo 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.3 Award Point deducted for safety violation.3 Point Awarded for no safety violations for one quarter.GROUNDS MAINTENANCEPerformance StandardMinimum Acceptable Level (MAL)Desired Level (DL)DisincentiveIncentiveTurf MaintenanceTurf is 85% pest and weed free. Healthy and green appearance. Sod/seed replaced where appropriate.Turf is 95% pest and weed free. Healthy and green appearance. Sod/seed replaced where appropriate. 20% of invoice deduction for failing to meet MAL3 Point Awarded for meeting or exceeding DL for one quarter.Aggregate Mulch MaintenanceAggregate mulch is 90% pest and weed free. Smooth, compact, and level grade. Aggregate added/compacted where appropriate.Aggregate mulch is 98% pest and weed free. Smooth, compact, and level grade. Aggregate added/compacted, as necessary.20% of invoice deduction for failing to meet MAL3 Point Awarded for meeting or exceeding DL for one quarter.Plant & Tree MaintenancePlants and Trees are 85% free of pests and are maintained at a healthy, shaped and trimmed to proper height and shape for size and type of tree.Plants and Trees are 95% free of pests and are maintained at a healthy, shaped and trimmed to proper height and shape for size and type of tree.5% of invoice deduction for failing to meet MAL3 Point Awarded for meeting or exceeding DL for one quarterTrimming and Edging80% of all unmowed grass around headstones, monuments, markers and other vertical surfaces are trimmed to its recommended height.90% of all unmowed grass around headstones, monuments, markers and other vertical surfaces are trimmed to its recommended height.5% of invoice deduction for failing to meet MAL3 Point Awarded for meeting or exceeding DL for one quarterRemoval of DebrisTurf is 90% free of leaves, fallen branches and trash after one attempt to correct any deficienciesTurf is 90% free of leaves, fallen branches, and trash5% deduction from invoice for failing to meet MAL3 Point Awarded for meeting or exceeding DL for one quarter.Sweeping and Blowing off of roads and walkways80% of Roads, Walkways and cemetery grounds are free of debris.90% of Roads, Walkways and cemetery grounds are free of debris.5% deduction from invoice for failing to meet MAL3 Point Awarded for meeting or exceeding DL for one quarter.Snow and Ice Removal80% of all areas designated in technical specifications are free of snow and ice.90% of all areas designated in technical specifications are free of snow and ice.$100 deduction from invoice for failure to meet MAL.3 Point Awarded for meeting or exceeding DL for one quarter.Report SubmittalsTurns in all required submittals 95% of the time.Turns in all required submittals 100% of the time.Deduction of 3 Award Point for failure to meet MAL.3 Point Awarded for meeting DL for one quarter.Safety Maintained during operationsNo 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.3 Award Point deducted for safety violation.3 Point Awarded for no safety violations for one quarter.IRRIGATION SYSTEM MAINTENANCE AND OPERATIONPerformance StandardMinimum Acceptable Level (MAL)Desired Level (DL)DisincentiveIncentiveOperate and Maintain irrigation systemThe irrigation system is maintained in an operable condition and sprinkler heads spray patterns are properly adjusted to prevent water waste. Sprinkler system repairs are completed within 4 calendar days from date of failure.The irrigation system is maintained in an operable condition and sprinkler heads spray patterns are properly adjusted to prevent water waste. Sprinkler system repairs are completed within 2 calendar days from date of failure.10% of invoice deduction of the associated CLIN for failing to meet MAL3 Point Awarded for meeting or exceeding DL for one quarterPLACEMENT AND REMOVAL OF FLAGSPerformance StandardMinimum Acceptable Level (MAL)Desired Level (DL)DisincentiveIncentiveGrave Flags and Avenue FlagsContractor furnishes all services required in technical specifications for placement of grave flags and Memorial Day/Veteran’s Day with minimal delays and removes the same flags by the first workday following each holiday.Contractor furnishes all services required in technical specifications for placement of grave flags and Memorial Day/Veteran’s Day with no delays and removes the same flags by the first workday following each holiday.5% of invoice deducted for failure to meet MAL.3 Point Awarded for meeting DL for one quarter.JANITORIAL SERVICESPerformance StandardMinimum Acceptable Level (MAL)Desired Level (DL)DisincentiveIncentiveToilets Cleaned and SanitizedToilets are cleaned and sanitized 95% of the time.Toilets are cleaned and sanitized 100% of the time.10% deduction from invoice for failure to meet MAL.3 Point Awarded for Meeting or exceeding DL 100% of the time for 1 quarter.Floors are clean, sanitized and free of dirt and water.Floors are clean, sanitized and free of dirt, debris and water 90% of the time.Floors are clean, sanitized and free of dirt, debris and water 95% of the time.5% deduction from invoice for failure to meet MAL.3 Point Awarded for Meeting or exceeding DL 100% of the time for 1 quarter.Trash cans emptied and cleaned.Trash cans are emptied and cleaned 95% of the time.Trash cans are emptied and cleaned 100% of the time.10% deduction from invoice for failure to meet MAL.3 Point Awarded for Meeting or exceeding DL 100% of the time for 1 quarter.Glass Surfaces Cleaned and free of dirt, streaks and smudges.Glass Surfaces are cleaned and free of dirt, streaks and smudges 90% of the time.Glass Surfaces are cleaned and free of dirt, streaks and smudges 95% of the time.1% deduction from invoice for failure to meet MAL.3 Point Awarded for Meeting DL 100% of the time for 1 quarter.Floors are mopped Floors are mopped daily 90% of the time.Floors are mopped daily 100% of the time.5% deduction from invoice for failure to meet MAL.3 Point Awarded for Meeting DL 100% of the time for 1 quarter.Dispensers are replenished with toilet paper, paper towels and soap.Supplies are replenished 95% of the time.Supplies are replenished 100% of the time.5% deduction from invoice for failure to meet MAL.3 Point Awarded for Meeting or exceeding DL 100% of the time for 1 quarter.Maintenance Building is free of dirt and debrisMaintenance Building is kept free of dirt and debris 90% of the time.Maintenance Building is kept free of dirt and debris 95% of the time.3 point deducted for failing to meet MAL.3 Point awarded for meeting or exceeding DL 100% of the time for 1 quarter.Maintenance Building is well organized.Tools and Equipment are put away in their appropriate place 90% of the time.Tools and Equipment are put away in their appropriate place 95% of the time.3 point deducted for failing to meet MAL.3 Point awarded for meeting or exceeding DL 100% of the time or 1 quarter.PERFORMANCE OBJECTIVEINDICATORS OF SUCCESSGROUNDS MAINTENANCE SERVICESTURF MAINTENANCEFERTILIZINGFertilizing – three times per year (spring, summer, and fall) Soil Amendments – early fall or winter as indicated by soil testing.Report provided on appropriate form to the COR within 5 working daysWEEDINGWeed treatment – Pre-emergent two (2) per year (early spring and early fall)Turf in burial and other public areas is 95% weed free.Post-emergent – three (3) per year (spring, summer, fall) with any additional spot treatments to maintain relative weed free.Pest and disease-free turf covers at least 95% of the area.PRAIRIE DOGS/GOPHERS/MOLES/ PESTSControl or elimination pests using recommended industry standard practices by a licensed pest control specialist; report provided to COR on appropriate form within 5 working days.Soil tamped into holes and turf replaced or reseeded to insure acceptable appearance at all times.PESTICIDES AND HERBICIDESRecord of pesticides/herbicides applied (type, amount, application area, weather conditions) furnished to COR within 5 days of application. Appropriate signs posted informing public of the time and date the chemical was applied.MOWINGMowing inspection reveals compliance with NCA standards for grass height. Inspections shall be during growing season (April through October), unless otherwise determined by COR.Turf in burial and public areas is maintained at a height of 1? to 2 inches, or as instructed by the COR.Contractor has mowed, edged and trimmed all grass within the cemetery and outside perimeter enclosure fence as specified by the COR.All turf areas are mowed such that no more than 1/3 of the height of the grass is removed at any one mowing.Evident grass clippings, leaves, fallen branches and trash have been removed.Contractor has mowed and trimmed the unimproved native turf areas within the cemetery property boundary as specified by the COR.PERFORMANCE OBJECTIVEINDICATORS OF SUCCESSEDGINGInspections reveal edging of streets, curbs, walkways, tree wells and shrub beds have been edged both inside and outside cemetery grounds.Evident grass clippings/leaves have been removed from walkways (inside and out), flagpole bases, interment area and roads.TRIMMING/EDGINGUnmown grass around headstones, monuments, markers and vertical surfaces has been trimmed to a height of 1 ? to 2 inches and/or flat markers edged ? inch maximum width, 1 – 2 inches deep.The readability of the headstone or marker is not obstructed and turf does not encroach on flat grave markers.There are no signs of turf being “scalped” by string trimmers.Shrubs have been trimmed monthly during summer months/growing season. Trimmings have been removed and kept free of debris both in and around shrubs.SODDING & SEEDINGAll newly dug or refilled graves have been properly re-sodded or seeded with quality sod/seed to insure quality turf. Sod/seed is free of noxious weeds.Contractor has removed and disposed of all dead turf and has replaced any sod which has died or has been damaged during the establishment period.Delivery tickets indicating weight, analysis, purity and vendor’s name, etc. have been submitted to the COR within 2 days of analysis.LEAF COLLECTIONAll fallen leaves/twigs have been collected and removed from the cemetery grounds and the immediate area outside the cemetery between Jan 1 and December 31 of the calendar year, except when delayed by the onset of severe weather conditions.PERFORMANCE OBJECTIVEINDICATORS OF SUCCESSPLANT AND TREE MAINTENANCEPLANT MATERIAL MAINTENANCETrees are kept free of suckers.All cuts have been made to ANSI A300 Standards.Watering basins around newly planted trees are free of grass and weeds.Shredded pine or fir bark mulch has been added when required. (No bark chips or nuggets allowed.)Planting beds are compatible with the geographic region.Planting beds are free of weeds, pests and disease.Dead flowers and other plant materials have been removed.Plants are spaced adequately to give an abundant mass effect.Where annual plants are used, they are rotated when they have finished blooming.TREE MAINTENANCENew trees have been staked per specifications.Trees showing adverse affect from high winds have been staked.Damaged trees have been reported to the COR.HEDGESHedges have been rimmed to promote healthy and attractive appearance, with bottom wider than the top.Hedges are free of dead branches, leaves and weed growth.SHRUBSBeds containing shrubs are attractive and free of weeds.Dead or dying plant material has been reported to the COR.Shrubs have been watered during growing season to the degree needed to maintain an attractive appearance.PRUNING STANDARDS FOR SHADE TREES:Crown Cleaning:Dead, dying or diseased, weak branches and water spouts have been removed from the tree’s crown. Smaller limbs and twigs have been removed as to leave the foliage pattern evenly distributed.Crown Thinning:Selective branches have been removed to increase light penetration, air movement and reduce weight. The top is to be higher and sides reduced in order to maintain a tree-like form.Crown Raising:Lower branches of trees have been removed to provide clearance of approximately 15 feet. Cuts should not be made to prevent normal sap flow. Tree is trimmed high enough to allow sunlight to penetrate the trunk sometime during the day.Crown Shaping:Branches have been removed to reduce height and/or spread of the tree. Trees should be shapely and typical of their species. (Consideration has been given to species to sustain this type of pruning.) No more than 1/3 the total area should be reduced in a single operation.Crown Restoration:Should improve structure, form and appearance of tree that has been severely headed, vandalized or storm damagedPERFORMANCE OBJECTIVEINDICATORS OF SUCCESSSNOW AND ICE REMOVALSnow and ice was removed from:cemetery entrance road and drivewayall walkways on cemetery groundsall steps to buildings and structuressidewalks surrounding the cemetery siteareas outside the cemetery fence as designated by the COR.All passages from the roadway to the gravesite were cleaned for those interments conducted during the snow season.PERFORMANCE OBJECTIVEINDICATORS OF SUCCESSIRRIGATION SYSTEM MAINTENANCE & OPERATIONThe cemetery improved areas receive sufficient amounts of water as necessary to present a uniform green color without browning, or barren areas resulting from lack of water. The contractor ensures all improved areas receive water and further prevents runoff into the streets or drainage ditches, or accumulation of water in low areas. The contractor adjusts watering times such that all systems have adequate pressure to function properly and do not reduce pressure in water mains such to cause operational problems.Sprinkler heads and riser connections are maintained, repaired, or replaced by the Contractor to eliminate obstructions, leaks, and other defects which prevent proper operation. Sprinkler heads are maintained clear of dirt and other debris for approximately 1 inch around their outside circumference. Replacement sprinkler heads are of the same make, manufacturer, and model as existing. The Contractor provides all required maintenance to the installed sprinkler system, including, valve systems, underground piping, sprinkler heads and riser connections. The Contractor promptly reports damage to or malfunction of any sprinkler system to the COR. The contractor operates and maintains the irrigation systems in good working order and repairable condition at all times. Hoses, portable sprinklers, portable pipe, and similar irrigation equipment are removed from lawn areas at the end of each workday or when not actually in use. All valves, covers, and valve box covers are kept closed at all times except when in actual use.The contractor repairs the sprinkler system by locating and repairing or replacing defective and broken electric and manual valves, valve control boxes, irrigation valve pit covers, controller, controller boxes, electrical wiring (between timer and valves), controller pedestals, sprinkler heads, risers, water lines, automatic and manual drains, backflow preventers, air vacuum breakers, all types of fittings (tees, unions, ells, nipples, clamps, etc.), and pipes. The contractor responds within thirty (30) minutes during business hours and within two hours during non-duty hours, after notification, to repair leaks, breaks, faulty controllers, valves not completely shut off or controllers stuck in the "on" position. The contractor improves the efficiency of the irrigation system. Irrigation heads are adjusted whenever their coverage or volume is inadequate or too plentiful. The Contractor abides by any local, state, or other water agency regulations or controls in force at the time of this contract.PERFORMANCE OBJECTIVEINDICATORS OF SUCCESSHEADSTONE CLEANING AND MAINTENANCEAll objectionable material and discoloration, such as accumulations of bird droppings or mud, tire and hose markings, grass stains, residue from trees, fungus, mold, etc. have been removed from each headstone.Headstones are cleaned:Prior to Memorial DayAs determined by the CORSidewalks, curbs and entrance gate to cemetery have been pressure-washed.Headstones have remained plumb and aligned after cleaning.Turf surrounding headstones remains undamaged by cleaning.Headstones having any accidental dirt splash-up or grass debris have been promptly cleaned.Contractor uses cleaning product, “Daybreak” at 50/50 mix with water on all white headstones on both cleanings each year. (Inspections and tracking of results using “Daybreak” on all headstones shall be conducted by the COR.)Percent of headstones inspected in a defined time period and on a regular basis are acceptably clean and debris-free.PERFORMANCE OBJECTIVEINDICATORS OF SUCCESSHEADSTONE SETTING AND ALIGNMENTHeadstones are installed within two (2) days of delivery to Fort Bayard National Cemetery as weather and soil conditions permit or as soon as practicable after receipt.Breakage or damage of a headstone due to Contractor negligence has been reported to the COR immediately.Damaged and replacement headstones, upon receipt of the new headstones, have been destroyed by the Contractor by breaking the headstone with a maul or sledgehammer. Resulting debris has been removed from the cemetery grounds.Headstones are protected from the weather during transportation and storage to avoid damage or staining from crating materials. The COR shall establish a suitable storage area at Fort Bayard National Cemetery.PERFORMANCE OBJECTIVEINDICATORS OF SUCCESSUpright headstones for individual graves have been erected on the center line at the head of the grave with the inscription facing the grave.Headstones are set plumb and aligned laterally, transversely and diagonally with the headstones on other graves. Measurements were taken from the selection layout control points and not from headstones previously set.New and replacement headstones in old sections are set at the same distance above ground as the adjacent headstones, provided they are set with the inscription above the ground level.In new sections, all upright headstones are set at a height of 25 inches from the finished grave to the top of the arc. Minor deviations in less than nominal height are permissible to provide a uniform appearance in the top line to compensate for slight ground rises or depression within a burial section.Placement of flat markers have been installed with the top edge flush with the head of the gravesite, at grade level and with the face of the marker parallel to the ground.Contractor has submitted his weekly inspection report to the COR indicating:Number of headstones raised (upright and flat) and section numberNumber of headstones realigned (upright and flat) and section number.Contractor has submitted report to the COR explaining any situations where there is a problem realigning a headstone.PERFORMANCE OBJECTIVEINDICATORS OF SUCCESSSUNKEN GRAVE REPAIRSunken graves have been refilled with approved backfill and have been tamped to within two (2) inches of established soil has been added to bring the gravesite to the established grade.Disturbed area has been raked free of stones and debris in excess of one (1) inch measured in any direction.Graves have been sodded/seeded as specified.Cemetery has been checked for holes and washouts and has been filled immediately.Gravesites have no standing water.PERFORMANCE OBJECTIVEINDICATORS OF SUCCESSGRAVE/CREMAIN EXCAVATION AND BACKFILLINGAll grave/cremain sites were ready within one (1) hour prior to the interment services.For those burials utilizing an outer container (poly liner or private concrete vault), graves were ready within 1 hour and 30 minutes prior to the service.All gravesites were ready for viewing by next-of-kin within 1 hour and 30 minutes after the interment service.Sod has been cut 1” – 2” deep to keep roots healthy and was replaced on the gravesite.Excess backfill has been hauled and dumped; soil left at the gravesite was covered with green carpet.Existing headstones were removed to insure access for the interment activity and were covered with proper protection and were replaced correctly after grave was backfilled. Temporary markers were centered directly in front of the existing headstone.Remains were transferred in a dignified manner from the interment shelter (committal shelter) to the proper gravesite.Casketed remains were lowered into the gravesite using a mechanical lowering device in and safe, efficient, dignified manner and without damage to the casket.After the backfill was completed, the remaining 2 inches of the gravesite was filled with topsoil, tamped and the sod was replaced and thoroughly watered every day for a two (2) week period.All floral arrangements were neatly arranged upon the grave and removed when unsightly. All stands from floral wreaths were removed before lying wreaths flat on the grave.Artificial flowers and arrangements are not present except during approved periods.Flower removal occurs in accordance with the schedule established cemetery mittal shelter was clean and free of dirt, leaves, webs, etc.Contractor personnel was provided to keep visitors away from the open gravesite.Flag was lowered to half-mast 30 minutes prior to interment services.Flag was raised to full mast 30 minutes after interment services were completed and all family members have departed.PERFORMANCE OBJECTIVEINDICATORS OF SUCCESSPLACEMENT AND REMOVAL OF FLAGS (GRAVE)Small flags were placed on each gravesite not more than three (3) days prior to Memorial DayAll flags were removed on the first workday following Memorial Day, weather permitting.All flags were counted, bundled (20 flags per bundle) and placed back in storage.PLACEMENT AND REMOVAL OF FLAGS(Avenue of Flags – flown twice yearly)Memorial Day: United States flag is flown at half-staff from 8:00 AM until 12:00 Noon, when it shall be raised to full staff.Avenue of Flags (both Memorial and Veteran’s Days):Flags shall be in place by 8:00AM and removed the following day or as soon as weather permits.PERFORMANCE OBJECTIVEINDICATORS OF SUCCESSCLEANING AND MAINTENANCE OF PUBLIC RESTROOMSRestrooms are disinfected and free of dirt, deposits, streaks and odors.Toilets and urinals are disinfected and free of scale, stains, scum and other deposits.Floors are swept, and wet mopped to ensure they are free of litter, dirt, dust and debris.Restrooms are properly stocked with sufficient toilet paper, paper towels and soap. Vendor to purchase all supplies.CLEANING OF MAINTENANCE BUILDINGS (SHOP AREAS)Floors are swept (and mopped, if necessary) to ensure they are free of litter, dirt, dust and debris.All tools and equipment are organized and placed in their appropriate place.ATTACHMENT (E)RECOMMENDED EQUIPMENT LISTATTACHMENT (C) PERFORMANCE OF WORK REQUIREMENTS SUMMARYBackhoe or small excavatorUtility vehicle(s) (Toro Workman, John Deere Gator, etc.)Commercial mower(s) with mulching deck(s) or rear discharge deck(s) (riding and/or push)String trimmer(s)Blade/stick edger(s)Leaf blower(s)/vacuum(s)Gasoline powered tamper(s)Pedestrian plate and/or steel roller compactor(s)Tow-behind or riding pneumatic, multi-tired roller compactor(s)Fertilizer Spreader(s)Herbicide Sprayer(s)Misc. hand toolsCasket lowering deviceCasket bier or casket cartATTACHMENT (F)FORT BAYARD FLORAL/GROUNDS POLICYCemetery policies are conspicuously posted and readily visible to the public.Floral arrangements accompanying the casket or urn at the time of burial shall be placed on the completed grave. Natural fresh cut flowers may be placed on graves at any time of the year. They shall be removed when they become unsightly or when it becomes necessary to facilitate cemetery operations such as mowing. Flowers ordered for delivery to the cemetery must be delivered directly to the gravesite by the florist.Artificial flowers shall be permitted on graves during the periods of October 10 through April 15 and 10 days before through days after Easter Sunday and Memorial Day. Potted plants are only allowed 10 days before through 10 days after Easter Sunday and Memorial Day.Christmas wreaths, grave blankets and other seasonal adornments may be placed on graves from December 1 through January 20. They may not be secured to headstones or markers. Grave Floral Blankets may not be larger in size than 2x3 feet.Permanent plantings, statues, vigil lights, breakable objects and similar items are not permitted on the graves. The Department of Veterans Affairs does not permit adornments that are considered offensive, inconsistent with the dignity of the cemetery, or considered hazardous to cemetery personnel. For example, items incorporating beads or wires may become entangled in mowers or other equipment and cause injury.ATTACHMENT (G)CEMETERY MAPSFULL CEMETERY SITE PLANCONDITION AS OF NOVEMBER 2013 TO JULY 2014 (ESTIMATED)ATTACHMENT (G)CEMETERY MAPSFULL CEMETERY SITE PLANCONDITION ESTIMATED STARTING JULY 2014ATTACHMENT (H)PAST PERFORMANCE QUESTIONNAIREINSTRUCTIONS: Offerors must identify previous federal, state, and local government and private contracts that they have completed and that are similar to the contract being evaluated. List at least three (3) contracts for evaluation limited to the last five (5) years. (One contract reference per form, Form may be duplicated)NOTE: If you have performed any National Cemetery Administration contracts list them first.Contractor (you) Information:Name: _____________________________________________________________________Address: ___________________________________________________________________Telephone Number: ___________________________________________________________E-mail: ______________________________________________________________________Contract Information:Name of company/agency you provided service for: ___________________________________Contract Number: _____________________________________________________________Type of Contract: _______________________________________________________________Contract Dollar Value: ___________________________________________________________Date of Award: _________________________________________________________________Status: Completed, Yes____ No____ If not completed, projected completion date____________If not completed, why?___________________________________________________________Were you the Prime? ________ were you the Sub? _______Point of Contact Information for the company/agency you serviced:Name of the Contract Person & their position: ________________________________________Address: ______________________________________________________________________Telephone Number: _____________________________________________________________E-mail: ________________________________________________________________________Description of Supply/Service(s) provided, location & relevancy of work:Complexity of Product/Service, if any:Percentage of Work completed by your company/by subcontractor: (End of Section)SECTION E - SOLICITATION PROVISIONSE.1 52.212-1 INSTRUCTIONS TO OFFERORS—COMMERCIAL ITEMS (JUL 2013) (a) North American Industry Classification System (NAICS) code and small business size standard. The NAICS code and small business size standard for this acquisition appear in Block 10 of the solicitation cover sheet (SF 1449). However, the small business size standard for a concern which submits an offer in its own name, but which proposes to furnish an item which it did not itself manufacture, is 500 employees. (b) Submission of offers. Submit signed and dated offers to the office specified in this solicitation at or before the exact time specified in this solicitation. Offers may be submitted on the SF 1449, letterhead stationery, or as otherwise specified in the solicitation. As a minimum, offers must show— (1) The solicitation number; (2) The time specified in the solicitation for receipt of offers; (3) The name, address, and telephone number of the offeror; (4) A technical description of the items being offered in sufficient detail to evaluate compliance with the requirements in the solicitation. This may include product literature, or other documents, if necessary; (5) Terms of any express warranty; (6) Price and any discount terms; (7) "Remit to" address, if different than mailing address; (8) A completed copy of the representations and certifications at FAR 52.212-3 (see FAR 52.212-3(b) for those representations and certifications that the offeror shall complete electronically); (9) Acknowledgment of Solicitation Amendments; (10) Past performance information, when included as an evaluation factor, to include recent and relevant contracts for the same or similar items and other references (including contract numbers, points of contact with telephone numbers and other relevant information); and (11) If the offer is not submitted on the SF 1449, include a statement specifying the extent of agreement with all terms, conditions, and provisions included in the solicitation. Offers that fail to furnish required representations or information, or reject the terms and conditions of the solicitation may be excluded from consideration. (c) Period for acceptance of offers. The offeror agrees to hold the prices in its offer firm for 30 calendar days from the date specified for receipt of offers, unless another time period is specified in an addendum to the solicitation. (d) Product samples. When required by the solicitation, product samples shall be submitted at or prior to the time specified for receipt of offers. Unless otherwise specified in this solicitation, these samples shall be submitted at no expense to the Government, and returned at the sender's request and expense, unless they are destroyed during preaward testing. (e) Multiple offers. Offerors are encouraged to submit multiple offers presenting alternative terms and conditions or commercial items for satisfying the requirements of this solicitation. Each offer submitted will be evaluated separately. (f) Late submissions, modifications, revisions, and withdrawals of offers. (1) Offerors are responsible for submitting offers, and any modifications, revisions, or withdrawals, so as to reach the Government office designated in the solicitation by the time specified in the solicitation. If no time is specified in the solicitation, the time for receipt is 4:30 p.m., local time, for the designated Government office on the date that offers or revisions are due. (2)(i) Any offer, modification, revision, or withdrawal of an offer received at the Government office designated in the solicitation after the exact time specified for receipt of offers is "late" and will not be considered unless it is received before award is made, the Contracting Officer determines that accepting the late offer would not unduly delay the acquisition; and— (A) If it was transmitted through an electronic commerce method authorized by the solicitation, it was received at the initial point of entry to the Government infrastructure not later than 5:00 p.m. one working day prior to the date specified for receipt of offers; or (B) There is acceptable evidence to establish that it was received at the Government installation designated for receipt of offers and was under the Government's control prior to the time set for receipt of offers; or (C) If this solicitation is a request for proposals, it was the only proposal received. (ii) However, a late modification of an otherwise successful offer, that makes its terms more favorable to the Government, will be considered at any time it is received and may be accepted. (3) Acceptable evidence to establish the time of receipt at the Government installation includes the time/date stamp of that installation on the offer wrapper, other documentary evidence of receipt maintained by the installation, or oral testimony or statements of Government personnel. (4) If an emergency or unanticipated event interrupts normal Government processes so that offers cannot be received at the Government office designated for receipt of offers by the exact time specified in the solicitation, and urgent Government requirements preclude amendment of the solicitation or other notice of an extension of the closing date, the time specified for receipt of offers will be deemed to be extended to the same time of day specified in the solicitation on the first work day on which normal Government processes resume. (5) Offers may be withdrawn by written notice received at any time before the exact time set for receipt of offers. Oral offers in response to oral solicitations may be withdrawn orally. If the solicitation authorizes facsimile offers, offers may be withdrawn via facsimile received at any time before the exact time set for receipt of offers, subject to the conditions specified in the solicitation concerning facsimile offers. An offer may be withdrawn in person by an offeror or its authorized representative if, before the exact time set for receipt of offers, the identity of the person requesting withdrawal is established and the person signs a receipt for the offer. (g) Contract award (not applicable to Invitation for Bids). The Government intends to evaluate offers and award a contract without discussions with offerors. Therefore, the offeror's initial offer should contain the offeror's best terms from a price and technical standpoint. However, the Government reserves the right to conduct discussions if later determined by the Contracting Officer to be necessary. The Government may reject any or all offers if such action is in the public interest; accept other than the lowest offer; and waive informalities and minor irregularities in offers received. (h) Multiple awards. The Government may accept any item or group of items of an offer, unless the offeror qualifies the offer by specific limitations. Unless otherwise provided in the Schedule, offers may not be submitted for quantities less than those specified. The Government reserves the right to make an award on any item for a quantity less than the quantity offered, at the unit prices offered, unless the offeror specifies otherwise in the offer. (i) Availability of requirements documents cited in the solicitation. (1)(i) The GSA Index of Federal Specifications, Standards and Commercial Item Descriptions, FPMR Part 101-29, and copies of specifications, standards, and commercial item descriptions cited in this solicitation may be obtained for a fee by submitting a request to—GSA Federal Supply Service Specifications Section Suite 8100 470 East L'Enfant Plaza, SWWashington, DC 20407Telephone (202) 619-8925 Facsimile (202) 619-8978. (ii) If the General Services Administration, Department of Agriculture, or Department of Veterans Affairs issued this solicitation, a single copy of specifications, standards, and commercial item descriptions cited in this solicitation may be obtained free of charge by submitting a request to the addressee in paragraph (i)(1)(i) of this provision. Additional copies will be issued for a fee. (2) Most unclassified Defense specifications and standards may be downloaded from the following ASSIST websites: (i) ASSIST (). (ii) Quick Search (). (iii) (). (3) Documents not available from ASSIST may be ordered from the Department of Defense Single Stock Point (DoDSSP) by? (i) Using the ASSIST Shopping Wizard (); (ii) Phoning the DoDSSP Customer Service Desk (215) 697-2179, Mon-Fri, 0730 to 1600 EST; or (iii) Ordering from DoDSSP, Building 4, Section D, 700 Robbins Avenue, Philadelphia, PA 19111-5094, Telephone (215) 697-2667/2179, Facsimile (215) 697-1462. (4) Nongovernment (voluntary) standards must be obtained from the organization responsible for their preparation, publication, or maintenance. (j) Data Universal Numbering System (DUNS) Number. (Applies to all offers exceeding $3,000, and offers of $3,000 or less if the solicitation requires the Contractor to be registered in the System for Award Management (SAM) database. The offeror shall enter, in the block with its name and address on the cover page of its offer, the annotation "DUNS" or "DUNS +4" followed by the DUNS or DUNS +4 number that identifies the offeror's name and address. The DUNS +4 is the DUNS number plus a 4-character suffix that may be assigned at the discretion of the offeror to establish additional SAM records for identifying alternative Electronic Funds Transfer (EFT) accounts (see FAR Subpart 32.11) for the same concern. If the offeror does not have a DUNS number, it should contact Dun and Bradstreet directly to obtain one. An offeror within the United States may contact Dun and Bradstreet by calling 1-866-705-5711 or via the internet at . An offeror located outside the United States must contact the local Dun and Bradstreet office for a DUNS number. The offeror should indicate that it is an offeror for a Government contract when contacting the local Dun and Bradstreet office. (k) System for Award Management. Unless exempted by an addendum to this solicitation, by submission of an offer, the offeror acknowledges the requirement that a prospective awardee shall be registered in the SAM database prior to award, during performance and through final payment of any contract resulting from this solicitation. If the Offeror does not become registered in the SAM database in the time prescribed by the Contracting Officer, the Contracting Officer will proceed to award to the next otherwise successful registered Offeror. Offerors may obtain information on registration and annual confirmation requirements via the SAM database accessed through . (l) Debriefing. If a post-award debriefing is given to requesting offerors, the Government shall disclose the following information, if applicable: (1) The agency's evaluation of the significant weak or deficient factors in the debriefed offeror's offer. (2) The overall evaluated cost or price and technical rating of the successful and the debriefed offeror and past performance information on the debriefed offeror. (3) The overall ranking of all offerors, when any ranking was developed by the agency during source selection. (4) A summary of the rationale for award; (5) For acquisitions of commercial items, the make and model of the item to be delivered by the successful offeror. (6) Reasonable responses to relevant questions posed by the debriefed offeror as to whether source-selection procedures set forth in the solicitation, applicable regulations, and other applicable authorities were followed by the agency.(End of Provision)ADDENDUM to FAR 52.212-1 INSTRUCTIONS TO OFFERORS—COMMERCIAL ITEMS Provisions that are incorporated by reference (by Citation Number, Title, and Date), have the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. The following provisions are incorporated into 52.212-1 as an addendum to this solicitation:E.2 52.212-2 EVALUATION—COMMERCIAL ITEMS (JAN 1999) 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. An offeror’s proposal may not be considered when proposed cost is unreasonably high or unrealistically low. The Government will research information and data bases to aid in establishing a more complete picture of responsibility and ability. The databases include, but are not limited to D&B, PPIRS, EPLS, VetBiz and SBA.Rating scheme: The responsive proposals will be evaluated in two rounds.The 1st evaluation round will be based on Price Reasonableness. The lowest bidder will not necessarily receive the award. Just providing a price with no substantial information on pricing and/or performance will result in an inferior proposal and it may be considered nonresponsive. The Government will not consider offers that are unreasonably high or unrealistically low. Pricing may be compared against the Government Cost Estimate or against the average men of the offers received to arrive at a competitive range in determining too low or too high offers. The Government reserves the right to use any standard or acceptable method to determine the Price Reasonableness Range.After the first evaluation round and the decision of price reasonableness, there will be a second round of evaluation. In the second round the evaluation factors of Technical Qualifications and Past Performance, will be evaluated.? Overall, Technical and Past Performance are equal to one another. In the event of a tie, Best Value will be the deciding factor. Proposals will be evaluated on the following 3 factors: Past Performance, Technical Ability, and Price. Past Performance:Past performance will be evaluated for quality, timeliness (ie recent), and relevance (ie experience in providing services similar in size, scope, and complexity as described in the SOW). The offeror possess a proven record of past performance that promotes the probability of performance success and a low risk to the Government. The following equally-weighted subfactors should be addressed: quality of product/service; schedule; business relations; management of key personnel; and utilization of small business (as applicable). If no past performance information is readily available, the Offeror’s past performance will be evaluated as Neutral.Technical Ability:Technical capability will be evaluated to determine the extent to which it demonstrates a clear understanding of all features involved in performance of the requirements identified in the SOW. The proposal should not simply restate the Government’s requirements, but it should describe, in detail, how the Offeror intends to meet the requirements.Price:The Government will not consider offers that are unreasonably high or unrealistically low. Price may be compared against the Government Cost Estimate or against the average mean of the offers received to arrive at a competitive range in determining too low or too high offers. (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.(End of Provision)E.3 ADDITIONAL INSTRUCTIONS TO OFFERORSOffers shall include one copy of everything being submitted in paper to be also submitted on a CD. This means only 2 full copies- 1 electronic and one paper. Each of those copes should have all the volumes requested including the regular and the redacted versions of the technical proposal.Photos are only necessary to show equipment type and its condition. Photos of past work are not needed unless to demonstrate a special requirement of the work done at other sites that is relevant to this contract.Testimonials, media clippings, letters from VetBiz, DD214s should NOT be includedFailure to submit all required documentation as required may result in your submission being determined non-responsive and removed from further consideration.(a) Paper Copy (i) Offerors shall submit one original copy of proposal on paper. This copy need only include a completed and signed Form 1449 (the top page of the RFP), Section B completed, Section D- Business Management Questionnaire, Section E evaluation requirements, Clause 52-212-3 and all other documentation and information that is required or needed. The Technical Proposal shall have one copy with all names (Volume I.A) and one without (Volume I.B), see Table below. (ii) Pages should be held together with a staple or binder clip. No binders, spiral binding or any other form of binding is necessary; we do not use or save them.(b) Electronic Copy (i) This CD shall be submitted at the same time and along with the paper copy. MS Word is preferred. If pdf is used then each Section submitted shall be a separate file. For example all required licenses must be one file, the technical proposal must be another file, all of the Business Management Questionnaires shall be in one file, therefore there shall be more than one pdf file on the CD. (ii) Submission through email is not accepted at this time.Lastly, to address potential lost, delayed, or mis-delivered offers, please call or email me by the due date to ensure your offer was received and is with the Contracting Officer. While a timely submitted offer will always be considered, a lost or misplace offer does not have to be considered. Giving the Contract Officer or Specialist an early notice provides time to properly address this situation by researching and locating all timely offers.PROPOSAL FILESFormat: The submission shall be clearly indexed and logically assembled. Each volume shall be clearly identified and shall begin at the top of a page. All pages of each volume shall be appropriately numbered and identified by the complete company name, date, and solicitation number in the header and/or footer except as instructed in Volume I.B. Proposal page limitations are applicable to this procurement. The table below indicates the applicable maximum page count for each volume of the Offeror’s proposal. All files shall be submitted as either Microsoft (MS) Excel (.xls) file, Acrobat Portable Document Format (.pdf) file, MS Word (.doc), or as compatible as indicated in the table. Page size shall be no greater than 8 1/2" x 11". The top, bottom, left, and right margins shall be a minimum of one (1) inch each. Font size shall be no smaller than 11-point. Arial or Times New Roman fonts are required. Characters shall be set at no less than normal spacing and 100% scale. Tables and illustrations may use a reduced font size no smaller than eight (8)-point and may be landscape. Line spacing shall be set at no less than single space. Each paragraph shall be separated by at least one blank line. Page numbers, company logos, and headers and footers may be within the page margins only and are not bound by the 11-point font requirement. Technical/Management Approach Volume I.B shall not have any names, logos, colors, page borders, photos or any other information that would allow a reader to discern the firm’s name. This volume shall be anonymous in order to remove any potential bias from the evaluators.Footnotes to text shall not be added. If the Offeror submits annexes, documentation, attachments or the like, not specifically required by this solicitation, such will count against the Offeror’s page limitations unless otherwise indicated in the specific volume instructions below. Pages in violation of these instructions, either by exceeding the margin, font, or spacing restrictions or by exceeding the total page limit for a particular volume, will not be evaluated. The page count will be determined by counting the pages in the order they appear in the print layout view.Content Requirements: All information shall be confined to the appropriate file. The Offeror shall confine submissions to essential matters, sufficient to define the proposal, and provide an adequate basis for evaluation. Offerors are responsible for including sufficient details, in a concise manner, to permit a complete and accurate evaluation of each proposal. The titles and page limit requirements for each file are shown in the table below:TABLE:Volume FactorFile NamePage LimitationsVolume I.ATechnical/Management ApproachTech.doc/pdf20Volume I.BTechnical/Management Approach- no logos, namesTech.docMUST BE IN WORD20Volume IIPast PerformancePast Perf.doc/pdf1 page per reference, 3 references per prime and sub, Volume IIIPrice, licenses, certifications, insurance, resumesPrice.xls/pdf/docNo LimitsA cover page and/or table of contents which are not required, will be included in the page count of the Technical Volume if included in the Volume. Resumes will not be counted towards the page count.A glossary of abbreviations or acronyms will not be included in the page count of the Technical Volume.What to Include in the Volumes:VOLUME I – Technical Ability**This section shall be no longer than 20 pages. This section shall have 2 copies anonymous and not; Volume I.B shall not have any identifying names, logos, colors, fonts, photos of vendor signage, name of personnel, past and present NCA work included or any other means of identification. In order to promote fair evaluation, all information in this section shall be made anonymous before submission. This includes the paper as well as the electronic submission. Contracting personnel may choose to ask Contractor to redo this section to meet these requirements or deem the proposal as non-responsive.**Technical Qualifications:(A)? Include in this section a written plan which outlines and details your proposed approach and sequence to accomplish all of the requirements contained in the Statement of Work.(B)? The Offeror shall demonstrate the ability of obtaining before commencement of contract performance period, all licenses, permits, insurance information and other certifications (i.e., any herbicides/insecticides and chemicals proposed) to perform the contract.(C)? Offeror is to describe the proposed staffing plan with any subcontracting (inclusive of labor mix), how long it will take to fully staff the contract and how peak workloads, overlapping or simultaneous task assignments, and sick and vacation leaves will be covered and other contingency plans to manage resources.? Additionally, the Offeror is to include a discussion of how his/her resources are allocated by percentages, how the offeror plans to retain the proposed staffing levels, information on turnover rates and related recruiting efforts. Subcontractors shall be listed with the tasks they will perform. If they are performing portions of any CLINS, list the percentage of each CLIN they are performing.The cemetery has no personnel to educate Contractor/Subcontractor personnel.(D)? Offeror is to provide a thorough list of equipment, vehicles, supplies, products and materials that it proposes to use under the contract.? Equipment type, methodology and proposed man hours should be addressed for work to be performed with explanation on how the proposed method selected is more beneficial to the Government.(E)? Include in this section relevant information that shall demonstrate the technical and/or managerial qualifications of key personnel you propose to use in accomplishing work called for under the contract.? Please tell the tasks each will be responsible for under this contract. Demonstrated qualifications and experience for each individual should be included in the technical proposal in the form of a resume, not to exceed two pages in length for each of the individuals identified.? Key personnel are construed to include those individuals who will directly manage, supervise or oversee on-site contract performance, or who will provide technical advice and guidance to contractor personnel, or who will serve as a liaison between your company and cemetery staff, including the Contracting Officer’s Representative(s) (COR).? Identify alternate key personnel as backup for key personnel.? You may identify other personnel as “key” if, in your opinion, these personnel will have substantive impact in the technical or contract management aspects of contract performance.? Partial Summary of Items to Address:A.Approach is complete and adequate.B.Management of technical problem is addressed. Understanding of the plex, technical material is presented in clear, concise, and easily understandable terms.Range of proposed staff is appropriateProject Manager is qualified and available at all timesSenior level professionals committed at level required by clientQualifications experience of technical experts is adequate for the taskVOLUME II – Past Performance:(A)? This section should fully address your past performance and that of any subcontractors or consultants you propose to use in performance of the contract using the following subfactors: quality of product/service; schedule; business relations; management of key personnel; and utilization of small business (as applicable):??? (i)? Identify work previously performed by your company similar in nature to the work described in the Statement of Work.? Provide the names of references, including addresses and telephone numbers, project names/titles, dates and periods of performance covered by the work, that have direct knowledge of your experience, capabilities and outcomes of past initiatives of similar nature.?? (Use Business Management Questionnaire provided).??? (ii)? Identify proposed subcontractor’s and consultants, including their names, addresses, telephone numbers, area(s) of expertise and respective discipline(s), and corporate experience.? Identify the tasks they will perform and the percentage of each task each will be performing. Provide references for proposed subcontractors and consultants that have direct knowledge of the subcontractor’s or consultant’s experience and outcomes of past initiatives of similar nature, as in (a), above.? (Use Business Management Questionnaire provided).(B)? Include in this section the names, addresses, telephone numbers of at least three (3) references who can attest to the experience and past performance of your company in grounds/facilities maintenance, cemetery maintenance and/or similar services.? The experience shall emphasize the following factors:Ability to manage a project the size of this solicitation.Knowledge of landscaping.(C) For each reference, you must provide both a Project Manager and a Contracting Officer points-of-contact or the private sector equivalents for non-Governmental references.? You must include accurate and current telephone numbers with each reference. ?You shall ensure that the persons named as references are reachable at the telephone numbers specified.? Unreachable references will result in disqualification of that client reference.? Companies with no Past Performance will receive a neutral rating.VOLUME III – Price: (A) Price: Include sufficient information to show price submitted is comparable to or less than published catalog ernment will contact references and may ask the following questions:a.How would you rate the offeror’s compliance with the contract requirements?b.How would you rate the effectiveness of the offeror’s on-site management?c. How would you rate the offeror’s use of appropriate personnel for contract requirements?d. How would you rate the offeror’s timeliness in submission of schedule? Reports? Submittals?e. How would you rate the offeror’s adherence to the schedule?f. How would you rate the offeror’s responsiveness towards safety issues?g. How would you rate the offeror’s ability to effectively deal with the customer and other Government personnel?h. How would you rate the offeror’s cooperativeness in solving problems and negotiating changes?i. How would you rate the offeror’s abilities to address any financial difficulties (i.e., payment of subcontractors and/or vendors, labor disputes, etc.)? j. How would you rate the offeror’s responsiveness to cure notices, show cause letters, suspension of payment, or termination notices?k. As the end user/customer, how would you rate your satisfaction with the end product?l. How would you rate the offeror’s overall performance on this project?E.4 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 [_], have not [_], 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. §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. §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. §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).This Certification Concerns a Matter Within the Jurisdiction of an Agency of the United States and the Making of a False, Fictitious, or Fraudulent Certification May Render the Maker Subject to Prosecution Under Section 1001, Title 18, United States Code.(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)E.5 52.209-7 INFORMATION REGARDING RESPONSIBILITY MATTERS (JUL 2013)(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 proceeding 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 System for Award Management database via (see 52.204-7).(End of provision)E.6 52.216-1 TYPE OF CONTRACT (APR 1984) The Government contemplates award of a Firm-Fixed-Price, Requirements contract resulting from this solicitation.(End of Provision)E.7 52.252-1 SOLICITATION PROVISIONS INCORPORATED BY REFERENCE (FEB 1998) This solicitation incorporates one or more solicitation provisions by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. The offeror is cautioned that the listed provisions may include blocks that must be completed by the offeror and submitted with its quotation or offer. In lieu of submitting the full text of those provisions, the offeror may identify the provision by paragraph identifier and provide the appropriate information with its quotation or offer. Also, the full text of a solicitation provision may be accessed electronically at this/these address(es): (End of Provision)FAR NumberTitleDate52.223-1BIOBASED PRODUCT CERTIFICATIONMAY 2012E.8 52.233-2 SERVICE OF PROTEST (SEP 2006) Protests, as defined in section 33.101 of the Federal Acquisition Regulation, that are filed directly with an agency, and copies of any protests that are filed with the Government Accountability Office (GAO), shall be served on the Contracting Officer (addressed as follows) by obtaining written and dated acknowledgment of receipt from: Mailing Address: Department of Veterans Affairs NCA Contracting Service 75 Barrett Heights Rd. Suite 309 Stafford VA 22556 (b) The copy of any protest shall be received in the office designated above within one day of filing a protest with the GAO.(End of Provision)E.9 VAAR 852.233-70 PROTEST CONTENT/ALTERNATIVE DISPUTE RESOLUTION (JAN 2008) (a) Any protest filed by an interested party shall: (1) Include the name, address, fax number, and telephone number of the protester; (2) Identify the solicitation and/or contract number; (3) Include an original signed by the protester or the protester's representative and at least one copy; (4) Set forth a detailed statement of the legal and factual grounds of the protest, including a description of resulting prejudice to the protester, and provide copies of relevant documents; (5) Specifically request a ruling of the individual upon whom the protest is served; (6) State the form of relief requested; and (7) Provide all information establishing the timeliness of the protest. (b) Failure to comply with the above may result in dismissal of the protest without further consideration. (c) Bidders/offerors and contracting officers are encouraged to use alternative dispute resolution (ADR) procedures to resolve protests at any stage in the protest process. If ADR is used, the Department of Veterans Affairs will not furnish any documentation in an ADR proceeding beyond what is allowed by the Federal Acquisition Regulation.(End of Provision) PLEASE NOTE: The correct mailing information for filing alternate protests is as follows:Deputy Assistant Secretary for Acquisition and Logistics,Risk Management Team, Department of Veterans Affairs810 Vermont Avenue, N.W.Washington, DC 20420 Or for solicitations issued by the Office of Construction and Facilities Management:Director, Office of Construction and Facilities Management811 Vermont Avenue, N.W.Washington, DC 20420E.10 VAAR 852.233-71 ALTERNATE PROTEST PROCEDURE (JAN 1998) As an alternative to filing a protest with the contracting officer, an interested party may file a protest with the Deputy Assistant Secretary for Acquisition and Materiel Management, Acquisition Administration Team, Department of Veterans Affairs, 810 Vermont Avenue, NW., Washington, DC 20420, or for solicitations issued by the Office of Construction and Facilities Management, the Director, Office of Construction and Facilities Management, 810 Vermont Avenue, NW., Washington, DC 20420. The protest will not be considered if the interested party has a protest on the same or similar issues pending with the contracting officer.(End of Provision)E.11 VAAR 852.270-1 REPRESENTATIVES OF CONTRACTING OFFICERS (JAN 2008) The contracting officer reserves the right to designate representatives to act for him/her in furnishing technical guidance and advice or generally monitor the work to be performed under this contract. Such designation will be in writing and will define the scope and limitation of the designee's authority. A copy of the designation shall be furnished to the contractor.(End of Provision)(End of Addendum to 52.212-1)E.12 52.212-3 OFFEROR REPRESENTATIONS AND CERTIFICATIONS—COMMERCIAL ITEMS (AUG 2013) An offeror shall complete only paragraph (b) of this provision if the offeror has completed the annual representations and certifications electronically via . If an offeror has not completed the annual representations and certifications electronically at the System for Award Management (SAM) website, the offeror shall complete only paragraphs (c) through (o) of this provision. (a) Definitions. As used in this provision— "Economically disadvantaged women-owned small business (EDWOSB) concern" means a small business concern that is at least 51 percent directly and unconditionally owned by, and the management and daily business operations of which are controlled by, one or more women who are citizens of the United States and who are economically disadvantaged in accordance with 13 CFR part 127. It automatically qualifies as a women-owned small business eligible under the WOSB Program. "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", as used in this section, 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). An inverted domestic corporation as herein defined does not meet the definition of an inverted domestic corporation as defined by the Internal Revenue Code at 26 U.S.C. 7874. "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. "Sensitive technology"— (1) Means hardware, software, telecommunications equipment, or any other technology that is to be used specifically— (i) To restrict the free flow of unbiased information in Iran; or (ii) To disrupt, monitor, or otherwise restrict speech of the people of Iran; and (2) Does not include information or informational materials the export of which the President does not have the authority to regulate or prohibit pursuant to section 203(b)(3) of the International Emergency Economic Powers Act (50 U.S.C. 1702(b)(3)). "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. "Subsidiary" means an entity in which more than 50 percent of the entity is owned— (1) Directly by a parent corporation; or (2) Through another subsidiary of a parent corporation. "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 its stock 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 the stock of which is owned by one or more women; and (2) Whose management and daily business operations are controlled by one or more women. "Women-owned small business (WOSB) concern eligible under the WOSB Program" (in accordance with 13 CFR part 127), means a small business concern that is at least 51 percent directly and unconditionally owned by, and the management and daily business operations of which are controlled by, one or more women who are citizens of the United States. (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 SAM website. (2) The offeror has completed the annual representations and certifications electronically via the SAM website access through . After reviewing the SAM 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 . (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. (6) WOSB concern eligible under the WOSB Program. [Complete only if the offeror represented itself as a women-owned small business concern in paragraph (c)(5) of this provision.] The offeror represents that— (i) It [ ] is, [ ] is not a WOSB concern eligible under the WOSB Program, has provided all the required documents to the WOSB Repository, and no change in circumstances or adverse decisions have been issued that affects its eligibility; and (ii) It [ ] is, [ ] is not a joint venture that complies with the requirements of 13 CFR part 127, and the representation in paragraph (c)(6)(i) of this provision is accurate for each WOSB concern eligible under the WOSB Program participating in the joint venture. [The offeror shall enter the name or names of the WOSB concern eligible under the WOSB Program and other small businesses that are participating in the joint venture: ___________.] Each WOSB concern eligible under the WOSB Program participating in the joint venture shall submit a separate signed copy of the WOSB representation. (7) Economically disadvantaged women-owned small business (EDWOSB) concern. [Complete only if the offeror represented itself as a WOSB concern eligible under the WOSB Program in (c)(6) of this provision.] The offeror represents that— (i) It [ ] is, [ ] is not an EDWOSB concern, has provided all the required documents to the WOSB Repository, and no change in circumstances or adverse decisions have been issued that affects its eligibility; and (ii) It [ ] is, [ ] is not a joint venture that complies with the requirements of 13 CFR part 127, and the representation in paragraph (c)(7)(i) of this provision is accurate for each EDWOSB concern participating in the joint venture. [The offeror shall enter the name or names of the EDWOSB concern and other small businesses that are participating in the joint venture: ___________.] Each EDWOSB concern participating in the joint venture shall submit a separate signed copy of the EDWOSB representation.Note: Complete paragraphs (c)(8) and (c)(9) only if this solicitation is expected to exceed the simplified acquisition threshold. (8) 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. (9) 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: ___________________________________________ (10) [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 SAM Dynamic Small Business Search database maintained by the Small Business Administration, 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 is based does not exceed $750,000 after taking into account the applicable exclusions set forth at 13 CFR 124.104(c)(2); or (B) It [ ] has, [ ] has not submitted a completed application to the Small Business Administration or a Private Certifier to be certified as a small disadvantaged business concern in accordance with 13 CFR 124, Subpart B, and a decision on that application is pending, and that no material change in disadvantaged ownership and control has occurred since its application was submitted. (ii) [ ] Joint Ventures under the Price Evaluation Adjustment for Small Disadvantaged Business Concerns. The offeror represents, as part of its offer, that it is a joint venture that complies with the requirements in 13 CFR 124.1002(f) and that the representation in paragraph (c)(10)(i) of this provision is accurate for the small disadvantaged business concern that is participating in the joint venture. [The offeror shall enter the name of the small disadvantaged business concern that is participating in the joint venture: ___________________.] (11) HUBZone 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— (i) It [ ] is, [ ] is not a HUBZone small business concern listed, on the date of this representation, on the List of Qualified HUBZone Small Business Concerns maintained by the Small Business Administration, and no material change in ownership and control, principal office, or HUBZone employee percentage has occurred since it was certified by the Small Business Administration in accordance with 13 CFR Part 126; and (ii) It [ ] is, [ ] is not a joint venture that complies with the requirements of 13 CFR Part 126, and the representation in paragraph (c)(11)(i) of this provision is accurate for the HUBZone small business concern or concerns that are participating in the joint venture. [The offeror shall enter the name or names of the HUBZone small business concern or concerns that are participating in the joint venture:____________.] Each HUBZone small business concern participating in the joint venture shall submit a separate signed copy of the HUBZone representation. (d) Representations required to implement provisions of Executive Order 11246— (1) Previous contracts and compliance. The offeror represents that— (i) It [ ] has, [ ] has not participated in a previous contract or subcontract subject to the Equal Opportunity clause of this solicitation; and (ii) It [ ] has, [ ] has not filed all required compliance reports. (2) Affirmative Action Compliance. The offeror represents that— (i) It [ ] has developed and has on file, [ ] has not developed and does not have on file, at each establishment, affirmative action programs required by rules and regulations of the Secretary of Labor (41 CFR parts 60-1 and 60-2), or (ii) It [ ] has not previously had contracts subject to the written affirmative action programs requirement of the rules and regulations of the Secretary of Labor. (e) Certification Regarding Payments to Influence Federal Transactions (31 U.S.C. 1352). (Applies only if the contract is expected to exceed $150,000.) By submission of its offer, the offeror certifies to the best of its knowledge and belief that no Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress or an employee of a Member of Congress on his or her behalf in connection with the award of any resultant contract. If any registrants under the Lobbying Disclosure Act of 1995 have made a lobbying contact on behalf of the offeror with respect to this contract, the offeror shall complete and submit, with its offer, OMB Standard Form LLL, Disclosure of Lobbying Activities, to provide the name of the registrants. The offeror need not report regularly employed officers or employees of the offeror to whom payments of reasonable compensation were made. (f) Buy American Act Certificate. (Applies only if the clause at Federal Acquisition Regulation (FAR) 52.225-1, Buy American Act—Supplies, is included in this solicitation.) (1) The offeror certifies that each end product, except those listed in paragraph (f)(2) of this provision, is a domestic end product and that for other than COTS items, the offeror has considered components of unknown origin to have been mined, produced, or manufactured outside the United States. The offeror shall list as foreign end products those end products manufactured in the United States that do not qualify as domestic end products, i.e., an end product that is not a COTS item and does not meet the component test in paragraph (2) of the definition of "domestic end product." The terms "commercially available off-the-shelf (COTS) item," "component," "domestic end product," "end product," "foreign end product," and "United States" are defined in the clause of this solicitation entitled "Buy American Act—Supplies." (2) Foreign End Products: Line Item No Country of Origin ______________ _________________ ______________ _________________ ______________ _________________[List as necessary] (3) The Government will evaluate offers in accordance with the policies and procedures of FAR Part 25. (g)(1) Buy American Act—Free Trade Agreements—Israeli Trade Act Certificate. (Applies only if the clause at FAR 52.225-3, Buy American Act—Free Trade Agreements—Israeli Trade Act, is included in this solicitation.) (i) The offeror certifies that each end product, except those listed in paragraph (g)(1)(ii) or (g)(1)(iii) of this provision, is a domestic end product and that for other than COTS items, the offeror has considered components of unknown origin to have been mined, produced, or manufactured outside the United States. The terms "Bahrainian, Moroccan, Omani, Panamanian, or Peruvian end product," "commercially available off-the-shelf (COTS) item," "component," "domestic end product," "end product," "foreign end product," "Free Trade Agreement country," "Free Trade Agreement country end product," "Israeli end product," and "United States" are defined in the clause of this solicitation entitled "Buy American Act—Free Trade Agreements—Israeli Trade Act." (ii) The offeror certifies that the following supplies are Free Trade Agreement country end products (other than Bahrainian, Moroccan, Omani, Panamanian, or Peruvian end products) or Israeli end products as defined in the clause of this solicitation entitled "Buy American Act—Free Trade Agreements—Israeli Trade Act": Free Trade Agreement Country End Products (Other than Bahrainian, Moroccan, Omani, Panamanian, or Peruvian End Products) or Israeli End Products: Line Item No. Country of Origin ______________ _________________ ______________ _________________ ______________ _________________[List as necessary] (iii) The offeror shall list those supplies that are foreign end products (other than those listed in paragraph (g)(1)(ii) of this provision) as defined in the clause of this solicitation entitled "Buy American Act—Free Trade Agreements—Israeli Trade Act." The offeror shall list as other foreign end products those end products manufactured in the United States that do not qualify as domestic end products, i.e., an end product that is not a COTS item and does not meet the component test in paragraph (2) of the definition of "domestic end product." Other Foreign End Products: Line Item No. Country of Origin ______________ _________________ ______________ _________________ ______________ _________________[List as necessary] (iv) The Government will evaluate offers in accordance with the policies and procedures of FAR Part 25. (2) Buy American Act—Free Trade Agreements—Israeli Trade Act Certificate, Alternate I. If Alternate I to the clause at FAR 52.225-3 is included in this solicitation, substitute the following paragraph (g)(1)(ii) for paragraph (g)(1)(ii) of the basic provision: (g)(1)(ii) The offeror certifies that the following supplies are Canadian end products as defined in the clause of this solicitation entitled "Buy American Act—Free Trade Agreements—Israeli Trade Act": Canadian End Products: Line Item No. __________________________________________ __________________________________________ __________________________________________[List as necessary] (3) Buy American Act—Free Trade Agreements—Israeli Trade Act Certificate, Alternate II. If Alternate II to the clause at FAR 52.225-3 is included in this solicitation, substitute the following paragraph (g)(1)(ii) for paragraph (g)(1)(ii) of the basic provision: (g)(1)(ii) The offeror certifies that the following supplies are Canadian end products or Israeli end products as defined in the clause of this solicitation entitled "Buy American Act—Free Trade Agreements—Israeli Trade Act": Canadian or Israeli End Products: Line Item No. Country of Origin ______________ _________________ ______________ _________________ ______________ _________________[List as necessary] (4) Buy American Act—Free Trade Agreements—Israeli Trade Act Certificate, Alternate III. If Alternate III to the clause at FAR 52.225-3 is included in this solicitation, substitute the following paragraph (g)(1)(ii) for paragraph (g)(1)(ii) of the basic provision: (g)(1)(ii) The offeror certifies that the following supplies are Free Trade Agreement country end products (other than Bahrainian, Korean, Moroccan, Omani, Panamanian, or Peruvian end products) or Israeli end products as defined in the clause of this solicitation entitled “Buy American Act—Free Trade Agreements—Israeli Trade Act”: Free Trade Agreement Country End Products (Other than Bahrainian, Korean, Moroccan, Omani, Panamanian, or Peruvian End Products) or Israeli End Products: Line Item No. Country of Origin ______________ _________________ ______________ _________________ ______________ _________________[List as necessary] (5) Trade Agreements Certificate. (Applies only if the clause at FAR 52.225-5, Trade Agreements, is included in this solicitation.) (i) The offeror certifies that each end product, except those listed in paragraph (g)(5)(ii) of this provision, is a U.S.-made, designated country end product, as defined in the clause of this solicitation entitled "Trade Agreements." (ii) The offeror shall list as other end products those end products that are not U.S.-made or designated country, end products. Other End Products: Line Item No. Country of Origin ______________ _________________ ______________ _________________ ______________ _________________[List as necessary] (iii) The Government will evaluate offers in accordance with the policies and procedures of FAR Part 25. For line items covered by the WTO GPA, the Government will evaluate offers of U.S.-made or designated country end products without regard to the restrictions of the Buy American Act. The Government will consider for award only offers of U.S.-made or designated country end products unless the Contracting Officer determines that there are no offers for such products or that the offers for such products are insufficient to fulfill the requirements of the solicitation. (h) Certification Regarding Responsibility Matters (Executive Order 12689). (Applies only if the contract value is expected to exceed the simplified acquisition threshold.) The offeror certifies, to the best of its knowledge and belief, that the offeror and/or any of its principals— (1) [ ] Are, [ ] are not presently debarred, suspended, proposed for debarment, or declared ineligible for the award of contracts by any Federal agency; (2) [ ] 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 Federal, state or local government 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; (3) [ ] Are, [ ] are not presently indicted for, or otherwise criminally or civilly charged by a Government entity with, commission of any of these offenses enumerated in paragraph (h)(2) of this clause; and (4) [ ] Have, [ ] have not, 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. (i) Taxes are considered delinquent if both of the following criteria apply: (A) 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. (B) 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. (ii) Examples. (A) 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. (B) 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. (C) 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. (D) 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). (i) Certification Regarding Knowledge of Child Labor for Listed End Products (Executive Order 13126). (1) Listed end products.Listed End ProductListed Countries of Origin (2) Certification. [If the Contracting Officer has identified end products and countries of origin in paragraph (i)(1) of this provision, then the offeror must certify to either (i)(2)(i) or (i)(2)(ii) by checking the appropriate block.] [ ] (i) The offeror will not supply any end product listed in paragraph (i)(1) of this provision that was mined, produced, or manufactured in the corresponding country as listed for that product. [ ] (ii) The offeror may supply an end product listed in paragraph (i)(1) of this provision that was mined, produced, or manufactured in the corresponding country as listed for that product. The offeror certifies that it has made a good faith effort to determine whether forced or indentured child labor was used to mine, produce, or manufacture any such end product furnished under this contract. On the basis of those efforts, the offeror certifies that it is not aware of any such use of child labor. (j) Place of manufacture. (Does not apply unless the solicitation is predominantly for the acquisition of manufactured end products.) For statistical purposes only, the offeror shall indicate whether the place of manufacture of the end products it expects to provide in response to this solicitation is predominantly— (1) __ In the United States (Check this box if the total anticipated price of offered end products manufactured in the United States exceeds the total anticipated price of offered end products manufactured outside the United States); or (2) __ Outside the United States. (k) Certificates regarding exemptions from the application of the Service Contract Act. (Certification by the offeror as to its compliance with respect to the contract also constitutes its certification as to compliance by its subcontractor if it subcontracts out the exempt services.) [ ] (1) Maintenance, calibration, or repair of certain equipment as described in FAR 22.1003-4(c)(1). The offeror [ ] does [ ] does not certify that— (i) The items of equipment to be serviced under this contract are used regularly for other than Governmental purposes and are sold or traded by the offeror (or subcontractor in the case of an exempt subcontract) in substantial quantities to the general public in the course of normal business operations; (ii) The services will be furnished at prices which are, or are based on, established catalog or market prices (see FAR 22.1003- 4(c)(2)(ii)) for the maintenance, calibration, or repair of such equipment; and (iii) The compensation (wage and fringe benefits) plan for all service employees performing work under the contract will be the same as that used for these employees and equivalent employees servicing the same equipment of commercial customers. [ ] (2) Certain services as described in FAR 22.1003- 4(d)(1). The offeror [ ] does [ ] does not certify that— (i) The services under the contract are offered and sold regularly to non-Governmental customers, and are provided by the offeror (or subcontractor in the case of an exempt subcontract) to the general public in substantial quantities in the course of normal business operations; (ii) The contract services will be furnished at prices that are, or are based on, established catalog or market prices (see FAR 22.1003-4(d)(2)(iii)); (iii) Each service employee who will perform the services under the contract will spend only a small portion of his or her time (a monthly average of less than 20 percent of the available hours on an annualized basis, or less than 20 percent of available hours during the contract period if the contract period is less than a month) servicing the Government contract; and (iv) The compensation (wage and fringe benefits) plan for all service employees performing work under the contract is the same as that used for these employees and equivalent employees servicing commercial customers. (3) If paragraph (k)(1) or (k)(2) of this clause applies— (i) If the offeror does not certify to the conditions in paragraph (k)(1) or (k)(2) and the Contracting Officer did not attach a Service Contract Act wage determination to the solicitation, the offeror shall notify the Contracting Officer as soon as possible; and (ii) The Contracting Officer may not make an award to the offeror if the offeror fails to execute the certification in paragraph (k)(1) or (k)(2) of this clause or to contact the Contracting Officer as required in paragraph (k)(3)(i) of this clause. (l) Taxpayer Identification Number (TIN) (26 U.S.C. 6109, 31 U.S.C. 7701). (Not applicable if the offeror is required to provide this information to the SAM database to be eligible for award.) (1) All offerors must submit the information required in paragraphs (l)(3) through (l)(5) of this provision to comply with debt collection requirements of 31 U.S.C. 7701(c) and 3325(d), reporting requirements of 26 U.S.C. 6041, 6041A, and 6050M, and implementing regulations issued by the Internal Revenue Service (IRS). (2) The TIN may be used by the Government to collect and report on any delinquent amounts arising out of the offeror's relationship with the Government (31 U.S.C. 7701(c)(3)). If the resulting contract is subject to the payment reporting requirements described in FAR 4.904, the TIN provided hereunder may be matched with IRS records to verify the accuracy of the offeror's TIN. (3) Taxpayer Identification Number (TIN). [ ] TIN: _____________________. [ ] TIN has been applied for. [ ] TIN is not required because: [ ] Offeror is a nonresident alien, foreign corporation, or foreign partnership that does not have income effectively connected with the conduct of a trade or business in the United States and does not have an office or place of business or a fiscal paying agent in the United States; [ ] Offeror is an agency or instrumentality of a foreign government; [ ] Offeror is an agency or instrumentality of the Federal Government. (4) Type of organization. [ ] Sole proprietorship; [ ] Partnership; [ ] Corporate entity (not tax-exempt); [ ] Corporate entity (tax-exempt); [ ] Government entity (Federal, State, or local); [ ] Foreign government; [ ] International organization per 26 CFR 1.6049-4; [ ] Other _________________________. (5) Common parent. [ ] Offeror is not owned or controlled by a common parent; [ ] Name and TIN of common parent: Name _____________________. TIN _____________________. (m) Restricted business operations in Sudan. By submission of its offer, the offeror certifies that the offeror does not conduct any restricted business operations in Sudan. (n) Prohibition on Contracting with Inverted Domestic Corporations (1) Relation to Internal Revenue Code. An inverted domestic corporation as herein defined does not meet the definition of an inverted domestic corporation as defined by the Internal Revenue Code 25 U.S.C. 7874. (2) Representation. By submission of its offer, the offeror represents that— (i) It is not an inverted domestic corporation; and (ii) It is not a subsidiary of an inverted domestic corporation. (o) Prohibition on contracting with entities engaging in certain activities or transactions relating to Iran. (1) The offeror shall email questions concerning sensitive technology to the Department of State at CISADA106@. (2) Representation and certifications. Unless a waiver is granted or an exception applies as provided in paragraph (o)(3) of this provision, by submission of its offer, the offeror— (i) Represents, to the best of its knowledge and belief, that the offeror does not export any sensitive technology to the government of Iran or any entities or individuals owned or controlled by, or acting on behalf or at the direction of, the government of Iran; (ii) Certifies that the offeror, or any person owned or controlled by the offeror, does not engage in any activities for which sanctions may be imposed under section 5 of the Iran Sanctions Act; and (iii) Certifies that the offeror, and any person owned or controlled by the offeror, does not knowingly engage in any transaction that exceeds $3,000 with Iran’s Revolutionary Guard Corps or any of its officials, agents, or affiliates, the property and interests in property of which are blocked pursuant to the International Emergency Economic Powers Act (50 U.S.C. 1701 et seq.) (see OFAC’s Specially Designated Nationals and Blocked Persons List at ). (3) The representation and certification requirements of paragraph (o)(2) of this provision do not apply if— (i) This solicitation includes a trade agreements certification (e.g., 52.212–3(g) or a comparable agency provision); and (ii) The offeror has certified that all the offered products to be supplied are designated country end products.(End of Provision) ................
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