PAGE 1 OF1. REQUISITION NO.2. CONTRACT NO.3. AWARD ...



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: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, & 30SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMSVA786-12-R-021811-19-2012Joselito Roman540-658-721312-07-201243C1Department of Veterans AffairsNCA Contracting Service75 Barrett Heights Rd. Suite 309Stafford VA 22556X100X812220$19 Million N/AXLos Angeles National Cemetery950 South Sepulveda BlvdLos Angeles CA 9004943C1Department of Veterans AffairsNCA Contracting Service75 Barrett Heights Rd. Suite 309Stafford VA 22556Department of Veterans AffairsFinancial Services CenterP.O. Box 149971Austin TX 78714-9971512-460-5540The Contractor gaining award shall furnish all personnelmanagement, supplies, transportation, equipment andsupervision necessary to perform and complete all work toRaise, Realign Flat Markers and Renovate Turf to includebut not be limited to: killing, clearing and grubbingexisting vegetation, marker identification tagging,marker removal, installation of a marker support system,excavation and backfill, marker reinstallation, markercleaning, grading, turf installation and temporary turfService Disabled Veteran Owned Small Business Set Aside,Authority 38, USC 8127 (d)See Price Schedule on page *******Duns#:Tax ID#:Email Address:Offers shall be submitted to the Contracting Officer'soffice, i.e., the Issuing Office address that appears inBlock 9 of this SF-1449 above. (Attn: Joselito Roman)$0.00X 1Robelto JosuaContracting OfficerSECTION AA.1 SF 1449 SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMSTable of Contents TOC \o "1-4" \f \h \z \u \x SECTION A PAGEREF _Toc339458550 \h 1A.1 SF 1449 SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS PAGEREF _Toc339458551 \h 1SECTION B - CONTINUATION OF SF 1449 BLOCKS3B.1 CONTRACT ADMINISTRATION DATA PAGEREF _Toc339458553 \h 1B.2 BACKGROUND/ NCA MISSION9B.3 CONTRACTOR’S RESPONSIBILITIES AND INSURANCE REQUIREMENTS9B.4 CONTRACTOR DUTIES9B.5 WORK HOURS9B.6 FEDERAL HOLIDAYS10B.7 AFTER NORMAL HOURS ON-CALL/EMERGENCY SITUATIONS10B.8 DAMAGE TO GOVERNMENT PROPERTY11B.9 WORK ENVIRONMENT12B.10 CONTRACTOR-FURNISHED ITEMS12B.11 CONTRACTOR STAGING AREAS10B.12 ELECTRICITY13B.13 WATER13B.14 IDENTIFICATION, PARKING, SMOKING, AND VA REGULATIONS14B.15 ORIENTATION FOR CONTRACTOR EMPLOYEES14B.16 CONTRACTOR CONDUCT15B.17 LABOR FORCE AND EQUIPMENT15B.18 SAFETY15B.19 THE GOVERNMENTS RESPONSIBILITIES15B.20 PHASING AND WORK SEQUENCING16B.21 MARKING OF GRAVESITES16B.22 HISTORIC PRESERVATION16B.23 SPECIAL CONTRACT REQUIREMENTS17B.24 OPERATIONS AND STORAGE AREAS17B.25 UTILITIES SERVICES18B.26 INSPECTIONS AND SURVEYS18B.27 PROTECTION OF EXISTING VEGETATION, STRUCTURES, EQUIPMENT, UTILITES, AND IMPROVEMENTS19B.28 LAYOUT OF WORK19B.29 CONTRACTING OFFICER’S REPRESENTATIVE (COR)20B.30 DISPOSAL OF HAZARDOUS WASTE20B.31 METRIC CONVERSIONS20B.32 GENDER20SECTION C - CONTRACT CLAUSES PAGEREF _Toc339458556 \h 2C.1 52.212-5 CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT STATUTES OR EXECUTIVE ORDERS--COMMERCIAL ITEMS (AUG 2012) PAGEREF _Toc339458557 \h 2C.2 52.252-2 CLAUSES INCORPORATED BY REFERENCE (FEB 1998) PAGEREF _Toc339458558 \h 8C.3 VAAR 852.203-70 COMMERCIAL ADVERTISING (JAN 2008) PAGEREF _Toc339458559 \h 8C.4 VAAR 852.237-70 CONTRACTOR RESPONSIBILITIES (APR 1984) PAGEREF _Toc339458560 \h 8C.5 52.216-19 ORDER LIMITATIONS (OCT 1995) PAGEREF _Toc339458561 \h 8C.6 52.216-21 REQUIREMENTS (OCT 1995) ALTERNATE III (OCT 1995) PAGEREF _Toc339458562 \h 9C.7 VAAR 852.273-76 ELECTRONIC INVOICE SUBMISSION (Interim - October 2008) PAGEREF _Toc339458563 \h 10C.8 VAAR 852.233-70 PROTEST CONTENT/ALTERNATIVE DISPUTE RESOLUTION (JAN 2008) PAGEREF _Toc339458564 \h 10C.9 52.228-5 INSURANCE - WORK ON A GOVERNMENT INSTALLATION (JAN 1997) PAGEREF _Toc339458565 \h 10C.10 52.232-19 AVAILABILITY OF FUNDS FOR THE NEXT FISCAL YEAR (APR 1984) PAGEREF _Toc339458566 \h 11C.11 52.233-1 DISPUTES (JUL 2002) PAGEREF _Toc339458567 \h 11C.12 52.249-8 DEFAULT (FIXED-PRICE SUPPLY AND SERVICE) (APR 1984) PAGEREF _Toc339458568 \h 12SECTION D - CONTRACT DOCUMENTS, EXHIBITS, OR ATTACHMENTS PAGEREF _Toc339458569 \h 14ATTACHMENT A SITE PLAN PHASE VIIA39ATTACHMENT B H-FLAT MARKER REALIGNMENT PHASE VIIA40ATTACHMENT C PHASE VIIA SAMPLES AND SHOP DRAWINGS41ATTACHMENT D PHASE VIIA C FLAT MARKER ALIGNMENT AND CLEANING46ATTACHMENT E GPS SITE SURVEY53ATTACHMENT F TURFRENOVATION54ATTACHMENT G MAP OF PHASE VIIA58ATTACHMENT G PHASE VIIA H CONTRACT DRAWINGS64ATTACHMENT I WAGE DETERMINATION60ATTACHMENT J BUSINESS MANAGEMENT QUESTIONAIRE82SECTION E - SOLICITATION PROVISIONS PAGEREF _Toc339458596 \h 2E.1 VAAR 852.219-10 VA NOTICE OF TOTAL SERVICE-DISABLED VETERAN-OWNED SMALL BUSINESS SET-ASIDE (DEC 2009) PAGEREF _Toc339458597 \h 2E.2 52.204-10 REPORTING EXECUTIVE COMPENSATION AND FIRST-TIER SUBCONTRACT AWARDS (AUG 2012) PAGEREF _Toc339458598 \h 3E.3 52.216-1 TYPE OF CONTRACT (APR 1984) PAGEREF _Toc339458599 \h 7E.4 52.233-2 SERVICE OF PROTEST (SEP 2006) PAGEREF _Toc339458600 \h 7E.5 52.237-1 SITE VISIT (APR 1984) PAGEREF _Toc339458601 \h 8E.6 VAAR 852.270-1 REPRESENTATIVES OF CONTRACTING OFFICERS (JAN 2008) PAGEREF _Toc339458602 \h 8E.7 52.212-2 EVALUATION--COMMERCIAL ITEMS (JAN 1999) PAGEREF _Toc339458603 \h 8E.8 52.209-9 UPDATES OF PUBLICLY AVAILABLE INFORMATION REGARDING RESPONSIBILITY MATTERS (FEB 2012) PAGEREF _Toc339458604 \h 12E.9 52.209-7 INFORMATION REGARDING RESPONSIBILITY MATTERS (FEB 2012) PAGEREF _Toc339458605 \h 13E.10 52.209-5 CERTIFICATION REGARDING RESPONSIBILITY MATTERS (APR 2010) PAGEREF _Toc339458606 \h 14E.11 52.225-25 PROHIBITION ON CONTRACTING WITH ENTITIES ENGAGING IN SANCTIONED ACTIVITIES RELATING TO IRAN-- REPRESENTATION AND CERTIFICATION (NOV 2011) PAGEREF _Toc339458607 \h 16E.12 52.212-3 OFFEROR REPRESENTATIONS AND CERTIFICATIONS-- COMMERCIAL ITEMS (APR 2012) PAGEREF _Toc339458608 \h 17SECTION 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 Joselito RomanDepartment of Veterans AffairsNCA Contracting Service75 Barrett Heights Rd. Suite 309Stafford VA 22556 2. 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 Registration, or []52.232-36, Payment by Third Party 3. INVOICES: Invoices shall be submitted in arrears: a. Quarterly[] b. Semi-Annually[] c. Other[Monthly (Expedite payments by faxing to address below)] 4. GOVERNMENT INVOICE ADDRESS: All invoices from the contractor shall be mailed to the following address:Department of Veterans AffairsFinancial Services CenterP.O. Box 149971Austin TX 78714-9971 ACKNOWLEDGMENT OF AMENDMENTS: The offeror acknowledges receipt of amendments to the Solicitation numbered and dated as follows: AMENDMENT NO DATE ______________________________ _____________ ______________________________ _____________ ______________________________ _____________SOLICITATIONS: Sealed offers for furnishing the supplies or services in the Schedule will be received at the address specified in Block 9 of SF 1449, or if handcarried, to the address shown in block 9, 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. Offers are to be submitted to the Contracting Officer's Office, i.e., the Issuing Office address that appears in Block 9 of this SF-1449 above.MISSING PAGESIt 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. Proposal PackageOfferor should submit 1 copies of their proposal package. The proposal package should contain the following:SF1449 with completed blocks 17a, 30a, 30b, 30c and DUNS number entered in block 20Price Proposal for all items in the schedule Technical Proposal addressing evaluation factors (see FAR Clause 52.212-2) and Statement of Work (SOW) requirements. Acknowledgement of any amendments3 past performance references within the last 3 years. Use the Business Management Questionnaire (attachment B). Prepare one for each reference. Completed FAR Clause 52.223-3 “Hazardous Material Identification and Material Safety Data” (If applicable)Completed FAR Provision 52.212-3 “Certifications and Representations” or indicate whether contractor has completed the annual representations and certifications electronically at POST AWARD CONFERENCE: Prior to commencement of work, contract awardee is required to make an appointment for a conference with the COTR and/or Contracting Officer to assure that all parties understand all contractual obligations and the role that each party serves.Subcontracting Commitments – Monitoring and ComplianceThis solicitation includes VAAR 852.215-70, Service-Disabled Veteran-Owned and Veteran-Owned Small Business Evaluation Factors, and VAAR 852.215-71, Evaluation Factor Commitments. Accordingly, any contract resulting from this Solicitation will include these clauses. The contractor is advised in performing contract administration functions, the CO may use the services of a support contractor(s) to assist in assessing contractor compliance with the Subcontracting commitments incorporated into the contract. To that end, the support contractor(s) may require access to the contractor’s business records or other proprietary data to review such business records regarding contract 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 compliance with the subcontracting commitments. Limitations on Subcontracting – Monitoring and ComplianceThis solicitation includes VAAR 852.219-10. 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. SUPPLIES OR SERVICES AND PRICES / COSTSPRICE SCHEDULE: The Contractor gaining award shall furnish all personnel, management, supplies, transportation, equipment and supervision necessary to perform and complete all work to Raise, Realign Flat Markers and Renovate Turf to include but not be limited to: killing, clearing and grubbing existing vegetation, marker identification tagging, marker removal, installation of a marker support system, excavation and backfill, marker re-installation, marker cleaning, grading, turf installation and temporary turf maintenance at the Los Angeles National Cemetery, 950 South Sepulveda Blvd. Los Angeles, CA 90049, Phone: (310) 268-4675, FAX: (310) 268-325. The Contractor shall complete all work within 270 days from Notice of Award, subject to all conditions, terms and representations contained in this solicitation. One of the most important considerations in erecting or emplacing a marker is that of precision in alignment. Much of the beauty that exists or should exist in a national cemetery is the direct result of perfectly aligned headstones and markers. It only takes one marker out of alignment to spoil the appearance of an entire row, and thereby, the appearance of the entire section. The appearance of the finished work shall be gravesite section(s) that shall be contoured grass landscape, with flat markers set in a marker support system accurately aligned with each other in the vertical, horizontal, lateral and diagonal directions within the tolerances specified herein. It is critical that existing conditions are surveyed and contours adjusted as necessary and approved by the COR to produce such an appearance. Failure to achieve this finished work will be basis for accepting or not accepting the finished work.All work on gravesites and the immediate surrounding turf will be accomplished in accordance with the drawings and specifications provided. Immediate surrounding turf is defined as turf that begins at the gravesite and runs up to the adjoining gravesites, section boundaries, fences, curbs, sidewalks, garden or tree lines and as further defined on the drawings. Awards will be made based on entire “Row or “Rows” of gravesites. A single “Row” of gravesites is defined as an array of continuous gravesites that begins and ends at the limits of a single section. The number of actual gravesites in each row may and does vary.SITE VISIT: Visits to the site by Bidders may be made only by appointment with the COTR or authorized designee of Los Angeles National Cemetery. Offerors or quoters are urged and expected to inspect the site where services are to be performed and to satisfy themselves regarding all general and local conditions that may affect the cost of contract performance. To conduct a site visit, You must contact one of the following cemetery personnel in order to make arrangements:Lynn Parker, Cemetery Director...……………………..…….…. (310) 268-4675Lynn Parker, COTR…... ………………..……………….……… (310)-268-4675 Facsimile #………………..………………..………………….…... (310)-268-3257ALL INCLUSIVE PRICING: Unit prices indicated in the Price Schedule are “All-Inclusive”. It is agreed and understood that each unit price includes all elements (materials, equipment, supplies, parts, labor and supervision) necessary and incident to completion of the work involved as set-forth herein.Period: Date of Award thru 270 daysCLINDescriptionEst. QuantityUnitUnit PriceEstimatedTotal Price0001R&R Flat MarkersRaise, Lower, Realign, Reset, Backfill Flat MarbleMarkers on plastic grid support as shown on the drawings4,826Job$________$________0002Clean Markers Sections: 151, thru 179 (Less 156 and 170)4,826EA$________$________0003Turf Renovation:Renovate & Replace Existing Cemetery Turf with New Sod.Sections: 151, thru 179 (Less 156 and 170)233,363See Note (1)SF$________$________Total Price$________________GENERAL REQUIREMENTSGENERAL NOTE:(1): The estimated quantity is based on the gross area takeoff from the cemetery site plan drawings from “curb to curb” and includes the buffer space between the gravesites and the curb. This estimated quantity does not include additional area due to existing slopes, reductions due to the area below flat markers and any variances between the drawing, the actual site conditions, etc. Therefore the contractor must take into account all these factors when determining their unit price. Adjustments to the contract price for these factors will not be allowed.(2): Gravesites vary in size, from section to section and within some sections. They tend to be approximately 5’x10’ or 30”x30”.----END---DESCRIPTION / SPECIFICATIONS / WORK STATEMENTB.2 BACKGROUND / NCA MISSIONThe National Cemetery Administration honors veterans with a final resting place and lasting memorials that commemorate their service to our Nation. National cemeteries are national shrines. The standards of maintenance, appearance and operational procedures performed by the Contractor at this cemetery shall reflect this nation’s concern for those interned there. For this reason, the Contractor’s strict adherence to the specifications shall be required and shall be essential. The Contractor shall demonstrate a clear understanding of, and the sensitivity to, environmental issues during the performance of the contract. B.3 CONTRACTOR DUTIES: Contractor Superintendent: A competent and experienced Contractor Superintendent shall be provided by the Contractor for not less than two (2) hours a day whenever work is being performed - other than trash and debris pick-up. In the absence of the Superintendent, the Contractor shall appoint a crew foreman or an employee who shall be responsible to insure that the work is being accomplished in an expeditious manner, is performed in accordance with the contract specifications and that the work shall progress without undue delay. The Contractor Superintendent shall have not less than three (3) years experience as a direct supervisor of a commercial service operation that included surveying, soil excavation, site construction in industrial, commercial or public sites. The Contractor Superintendent shall ensure all specifications are being met, ensure contract work does not conflict with ceremonies and funerals, and ensure that employees are adequately supervised and proper conduct is maintained. B.4 Work Hours: Work shall be performed between the hours of 8:00 a.m. to 4:30 p.m., Monday through Friday, except for Holidays, unless otherwise directed by the COR. At Contractor request and with the written permission of the COR, work shall also be permitted to be scheduled for weekends and/or Holidays. When emergency situations, that are caused by the Contractor or severe adverse weather prohibits work during the week, then he/she shall obtain approval from the COR to work on weekends in order to meet the period of performance. The Government will not compensate the Contractor for any alternate work schedules needed for the Contractor to complete all contract work within the specified project duration time frame. No work shall be permitted on Veterans Day and Memorial Day and the two days immediately prior to Memorial Day for preparation. Notwithstanding, if any work under this contract shall be performed outside of the VA’s normal working hours (8:00 a.m. to 4:30 p.m. Monday through Friday), then Contractor shall notify the COR at least 48 hours in advance.B.5 Federal Holidays: Federal law (5 U.S.C. 6103) establishes the following public holidays for Federal employees. Please note that most Federal employees work on a Monday through Friday schedule. For these employees, when a holiday falls on a non-workday -- Saturday or Sunday -- the holiday usually is observed on Monday (if the holiday falls on Sunday) or Friday (if the holiday falls on Saturday). The following is a list of all Federal holidays:Federal HolidayDateNew Year’s DayJanuary 1Martin Luther King BirthdayJanuary 16President’s Day/ Washington’s BirthdayFebruary 20Memorial DayMay 28Fourth of July4 JulyLabor DaySeptember 3Columbus DayOctober 8Veterans DayNovember 11Thanksgiving DayNovember 22Christmas DayDecember 25 B.6 After Normal Hours On-Call/Emergency Situations: The Contractor shall establish and maintain a point-of-contact to receive emergency calls from the COR(s). The point-of-contact shall be available on a 24-hour basis including during weekends, Federal Holidays and after normal hours of operation. The Contractor shall provide phone, pager and cell phone numbers for emergency and/or after hours situations. Repairs shall be made as expeditiously as circumstances allow or within (24) hours upon initial emergency call.The Contractor shall be required to report on a daily basis to the COR at the main office of the Los Angeles National Cemetery. Contractor shall log in and obtain funeral and/or special schedules as defined herein. This check in is mandatory. The contractor shall provide an anticipated work schedule on a daily basis or as agreed upon with the COR, and to ensure that no work is being performed at the immediate site of a scheduled interment or ceremony. The contractor shall document services performed and provide information to the COR as required during specific time frames. These daily meetings shall also be an opportunity for the Contractor to ask questions and ensure he/she understands the off-limit areas, which will vary, depending on the event. The site manager can thus assign tasks accordingly throughout the rest of the Cemetery - so that productive use of labor and equipment is assured, and downtime is avoided. If the Contractor fails to re-direct employees away from an event in a timely fashion, the COR will then assist in doing so. Daily meetings will be at an agreed upon time between the COR and the Contractor.A list of scheduled ceremonies will be provided the week prior to the event, and a list of scheduled funerals will be provided daily. The Contractor shall be solely responsible for ensuring that no contract work causes any funeral, ceremony, procession or visitation to be delayed, altered, or otherwise impacted in such a way that the dignity or security of the event is compromised. The Contractor shall be solely responsible for staying abreast of all such upcoming events and when in doubt, he/she shall ask the COR. The Contractor shall meet with the COR, at the end of each day to determine work completed and ensure that work is on schedule. The Contractor’s performance and progress on this contract will be measured weekly based on how timely, accurately, and adequately he/she accomplishes and completes the weekly work schedules needed to systematically accomplish the contract work over the duration of the project. In instances where the COR determines that the work is behind schedule, he/she will notify the Contracting Officer and the Contractor shall increase workforce and/or hours of operation at no additional cost to the Government in order to achieve completion of the contract work within the specified timeframe.Where work conflicts with existing utility/service lines (above ground/below ground), the corresponding utilities company and the COR will be notified and the Contractor shall obtain any necessary permits/ blue prints and cooperate with the utilities company/cemetery staff to avoid any damage or liability, and provide a safe work environment for his/her employees. Contractor shall be responsible for damages to utilities, above and below ground.The Contractor shall be responsible to ensure that all work shall be done in a manner that safeguards all VA visitors, employees, and public. The Contractor shall be solely responsible for any and all actions initiated and/or completed by his/her employees. Furthermore, the contractor and his/her employees shall have a clear understanding of, and be sensitive to, such environmental issues as ground water contamination, wetlands, etc., and be consistent and fully compliant with all applicable Federal, State, County and City laws, ordinances, Right-to-Know laws, EPA guidelines, and regulations.B.7 Damage to Government property: The Contractor shall be responsible for repair or replacement of any contractor damaged cemetery structure, to include: turf, curb, road pavement, headstones or markers, valve boxes, grid monument control markers, trees, plant beds, etc, which are chipped, marred, damaged and/or ruined at the fault of the Contractor and shall bear all costs associated with replacement and reinstallation. Any such damage shall be brought to the immediate attention of the appointed COR prior to repair / replacement / installation.The Contractor shall be responsible for cleaning cemetery structures, headstones, monuments, and roadways that are soiled or stained as a result of Contractor’s performance. The Contractor shall wash-down with water all soiled or stained structures headstones, and monuments at the end of each workday. Roadways shall be cleaned with a street sweeper each day as needed to keep the existing roads free from dirt and mud resulting from Contractor operations. No hazardous chemicals shall be used at anytime on Government property. The Contractor shall bear all costs associated with washing and cleaning. Any such washing/cleaning shall be brought to the immediate attention of the COR prior to washing/cleaning.At the end of each day the Contractor shall remove all debris from the cemetery site resulting from the work. The Contractor shall ensure at all times that rubbish and trash generated by the Contractor is kept clear of vehicular and pedestrian traffic throughout the site. The Government will not provide receptacle(s) for disposal of debris related to this contract. The Contractor shall be permitted to place his/her trash receptacle dumpsters in the COR approved “Contractor Staging Area”. Adequate warning devices, barricades (Orange construction fence), guards, flagmen or other necessary precautions shall be provided by the Contractor at all work sites to eliminate hazards and for the protection, safety, and warning of all public visitors, pedestrians, cemetery employees, and vehicular traffic within the area. All open and unattended holes in the ground shall be covered with plywood and/or barricaded for pedestrian safety. All work areas will be secured with barricades (Orange construction fence) at the end of each work day. The Government will undertake or award other contracts for additional work at or near the site of work for this contract. The Contractor shall fully cooperate with any other contractors and with Government employees and shall carefully adapt scheduling and performance of work, and needing any direction, it will be provided by the COR. The Contractor shall be responsible for reporting to the COR any problems or questions that shall arise with any other personnel on site during the period of performance of this contract. The Contractor shall not take it upon him or herself to resolve any problems or issues with other on-site contractors or employees, but rather shall leave it to the COR to resolve the issue. The Contractor (including his or her employees, subcontractors, consultants or the like shall not operate trucks, tractors, and other heavy equipment on any turf area except as provided in this contract to perform work or as authorized by the COR. The Contractor shall be responsible for repairing turf damage caused by the Contractor‘s equipment and staff at no additional cost to the government. B.8 WORK ENVIRONMENT:All work under this contract shall be performed primarily out doors and personnel performing these services shall be exposed to wind, sun, cold, dampness, frost, fog and rain. These conditions, may, at times, be extreme. The contractor shall take all necessary precautions to protect his/her employees from the elements to the maximum practicable extent. Weather shall not be considered an excusable delay in meeting specifications or project schedule. The Contractor understands that it shall be necessary to work throughout all weather conditions (unless highly extreme, causing equipment rutting and/or hazards, and dangerous to employees or public) and to apply additional labor and equipment as necessary to meet deadlines, at no additional cost to the Government.Due to the sensitive mission of the cemetery, the work could occasionally involve contact with and/or exposure to grieving individuals. Contractor personnel shall exercise and exhibit absolute decorum, composure and stability at all times and refer such individuals to Cemetery Staff. B.9 CONTRACTOR-FURNISHED ITEMS:The Contractor shall be responsible for supplying all equipment, personnel, tools, supplies and materials necessary to perform the services required by this contract. Contractor-furnished items necessary to perform work as required under this contract shall be furnished, maintained and operated by the contractor and shall be consistent and fully compliant with all applicable OSHA, Federal, State, County, City laws, ordinances and regulations. This includes, minor maintenance/repair and minor operating parts for equipment such as lubrication, oil changes, spark plugs, gaskets, cotter pins/keys, electric extension cords, etc., to keep all equipment in good operational condition throughout the period of performance of this contract.Contractor Staging Areas: Primary staging area shall be located on the cemetery road adjacent to the section(s) being renovated and a secondary staging area will be where approved by the COR. The Contractor shall install a 6’ high chain link fence with gates around this entire area for duration of the work in those sections. Contractor shall base operations out of these staging areas, using it for materials, equipment storage, administration, employee toilets, trash dumpster area, employee parking, employee lunch/break area, etc. After completion of project work, Contractor shall remove fencing and restore area back to original condition.The Contractor shall be responsible for ensuring that all of his/her motor vehicles and equipment meet State inspection, safety, licensing, registration, and insurance requirements.B.10 ELECTRICITY: In case the Contractor requires electricity while in performance of this contract, the Contractor shall provide and utilize portable generators as necessary to complete the work. If Contractor hookup to Los Angeles National Cemetery electrical distribution system is approved by COR, the Contractor shall provide all necessary connections and complete connection work in accordance with NEC requirements, and at no cost to the Government.B.11 WATER: Water will only be made available via Contractor connection to existing Cemetery water system in existing locations where connection is available, and for purposes of this contract only. A water flow meter will be utilized to measure the flow of water. The Contractor shall be responsible for making connections to this water supply in accordance with regulations. Contractor shall not obstruct normal traffic flow on adjacent roads while water is being obtained. In locations where Cemetery water system is not readily available, the Contractor shall provide and utilize portable water tanks and/or water trucks as necessary to transport water to areas where needed in order to complete the work required by this contract, at no cost to the Government. The Contractor shall provide his/her own REFUSE FACILITIES, and these shall only be located in the COR approved “Staging Area”. The Contractor shall not be authorized to place dumpsters or refuse facilities in any other location at the cemetery other than the approved staging area. The contractor shall be required to dispose of all debris and other waste materials generated by his/her work at a licensed off-site landfill unless otherwise directed by the COR. The Government will not provide receptacles for disposal of debris as a result of the services provided under this contract. In case of Hazardous Materials contractor is required to obtain required disposal permits from the State regulatory agency.The contractor shall provide portable chemical toilets for use by workmen as necessary to comply with applicable OSHA requirements. These portable toilet facilities shall be kept clean and free of excessive odors, insects, etc. Locate portable toilet facilities in the COR approved Contractor Staging Area only. It shall not be permissible to locate portable toilet facilities in any other locations throughout the cemetery. The use of the permanent cemetery toilet facilities by workmen is strictly prohibited throughout the duration of this contract.B.12 IDENTIFICATION, PARKING, SMOKING, AND VA REGULATIONS: The Contractor's employees shall wear visible identification at all times while on the premises of the Cemetery. It shall be the responsibility of the Contractor to park in the appropriate designated parking areas. The Cemetery will not invalidate or make reimbursement for parking violations of the Contractor under any conditions. Smoking shall be prohibited inside any buildings at the Cemetery. Possession of weapons is prohibited. Enclosed containers, including tool kits, shall be subject to search. Violations of VA regulations will result in citation answerable in the United States (Federal) District Court, not a local district, state, or municipal court. B.13 ORIENTATION FOR CONTRACTOR EMPLOYEES: The Contractor shall be responsible to ensure that Contractor employees coming to the work site shall receive complete information on each of these subjects; Fire and Safety,Project Work Schedule, Rules Pertaining To Workers,General Parameter Job Related Issues,Disaster procedures,All technical requirements of the project.The Contractor shall be responsible to ensure Contractor employees providing work on this contract shall be fully trained and completely competent to perform the required work. B.14 CONTRACTOR CONDUCT: (Contractor personnel shall):Be required to adhere to the following standards of dress, conduct, supervision and training while performing work on Government property. It will be subject to immediate enforcement action by the Contracting Officer if these standards are not adhered to during the period of performance of this contract. Contractor management shall be responsible for training and safety precautions prescribed by OSHA regarding safety equipment and devices.Be fully clothed at all times, to include upper garment to cover body from the waist to the neck and long pants or slacks. Garments, which have a message, slogan or printing of any kind other than the Contractor’s business attire, shall be prohibited. Uniforms shall be acceptable. The Contractor shall maintain a neat and professional appearance throughout its workforce, vehicles, equipment, and maintenance areas. If uniforms are used, they shall be in unison among all employees.Not engage in loud or boisterous behavior, angry outbursts or use profane or abusive language at anytime on Government premises. Playing radios and/or electronic games/devices is prohibited. Due to the sensitive mission of the cemetery, Contractor employees shall come into daily contact with grieving individuals, therefore Contractor employees shall exercise and exhibit absolute decorum, courtesy, and respect while within the cemetery or at its perimeter or entrances. Inquiries from cemetery visitors shall be politely referred to Government cemetery staff. Gratuities of any kind shall be strictly prohibited.Consume food and beverage only within areas designated by the COR. Intoxication, and violence or criminal acts of any kind will not be tolerated - and is cause for immediate removal from Government property. Use or sale of intoxicating beverages and/or drugs is strictly prohibited, and use of tobacco products is only allowed in specific areas designated by the COR.Contractor employees shall only take breaks/rest periods and lunch breaks at the Contractor Staging Area, not in the field. Workers shall utilize contractor provided temporary chemical toilet facilities located only in the Contractor Staging Area. Misconduct shall form the basis for immediate contract enforcement action, to include immediate removal from the cemetery.Shall park only in the COR approved Contractor Staging Area identified for this project. Workers shall not be allowed to park throughout the cemetery grounds, and violation of this requirement shall form the basis for immediate contract enforcement action, to include immediate removal from the cemetery.Be responsible to ensure that his/her employees (including contractor’s consultants, subcontractors, etc.) shall be aware of all the terms and conditions set forth above in this solicitation package regarding their performance and conduct during the performance period of this contract.B.15 LABOR FORCE AND EQUIPMENT: The Contractor shall be aware of the intensive labor and equipment requirements needed to meet contract specifications. Contractor shall be responsible to provide at no additional costs, labor and equipment as necessary to meet deadlines. The Contractor shall use any additional resources necessary to meet or return to specified work requirements after special events and/or services. The Contractor shall determine the number of employees and the amount and kinds of equipment needed during the period of performance. B.16 SAFETY: Matters related to safety, and any actions of the Contractor, shall meet all safety requirements of Los Angeles National Cemetery's Safety Officer, Department of Veterans Affairs, OSHA, and the State. It is incumbent upon the Contractor to be familiar with these requirements. "Safety" shall also include the Contractor having a safety representative who maintains regular and routine contact with the Safety Officer at Los Angeles National Cemetery. B.17 THE GOVERNMENTS RESPONSIBILITIES;Upon award of the contract, the Government will inform the Contractor prior to commencing the work, of any known damages to the cemetery grounds, headstones/markers or any other areas that the Contractor is unaware of and not responsible for. In addition, upon award of the contract, a walk-through of the cemetery grounds by the Contractor and COR will be scheduled to occur.The Government will not provide the Contractor with any furnishings, fuel storage, equipment, materials, restrooms, or telephones. B.18 PHASING AND WORK SEQUENCING:Contract work shall be accomplished in a sequenced manner, with work limited to occurring in no more than ten (10) rows at any given time in order to minimize overall disruption to the cemetery. Requests to work on more than ten (10) rows may be submitted to the COR for approval. Approval/disapproval will be based on the impact to the cemetery operations and the progress and workmanship of the contractor, as determined by the COR. Work cannot begin in subsequent rows until such time that work has been completed in prior areas. Submit proposed project work schedule sequence for COR review and approval prior to start of project. This work schedule shall indicate the estimated start date, the weekly work accomplished, and the completion date. In the event of any deviation of from this schedule, the Contractor shall submit to the COR, in a timely manner, a revised schedule for review and approval.B.19 MARKING OF GRAVESITES: To allow for visitation by the public during weekends, all gravesites under this contract must be marked with either the gravesite’s permanent flat marker, or a temporary gravesite marker, by no later than 4:00 PM every Friday and remain until the following Monday or until that time they are required to be removed by the Contractor in order to perform work, (If Monday is a Federal Holiday, then the temporary markers will remain until at least Tuesday). B.20 HISTORIC PRESERVATION: Where the Contractor or any of the Contractor's employees, prior to, or during the services work, are advised of or discover any possible archeological, historical and/or cultural resources, the Contractor shall immediately notify the COR verbally, and then with a written follow up. B.20 SPECIAL CONTRACT REQUIREMENTS:FIRE SAFETY:Applicable Publications: Publications listed below form part of this Article to the extent referenced. Publications are referenced in text by basic designations only. American Society for Testing and Materials (ASTM)National Fire Protection Association (NFPA):10-1998 Standard for Portable Fire Extinguishers70-1999 National Electrical CodeOccupational Safety and Health Administration (OSHA)CFR 1910 Safety and Health Regulations for Personal Protection, Safety Color Codes, Portable Power Tools, Electrical Safety and Portable Electric Equipment.Fire Safety Plan: Establish and maintain a fire protection program in accordance with 29 CFR 1910. Prior to start of work, prepare a plan detailing service-specific fire safety measures, including periodic status reports and submit to COR for review.Separate temporary facilities, such as trailers, storage sheds, and dumpsters, from existing buildings and new construction by distances in accordance with NFPA 241. For small facilities with less than 6 m (20 feet) exposing overall length, separate by 3m (10 feet). Locate only in staging area where approved by COR.Temporary Electrical: Install, use and maintain installations in accordance with 29 CFR 1910, NFPA 241 and NFPA 70. If temporary electrical is required, the contractor shall notify the COR prior to use of Temporary Electrical Services.Means of Egress: Do not block exiting for occupied buildings, including paths from exits to roads. Fire Extinguishers: Provide and maintain extinguishers in service areas and temporary storage areas in accordance with 29 CFR 1926, 29 CFR 1910, NFPA 241 and NFPA 10. Flammable and Combustible Liquids: Store, dispense and use liquids in accordance with 29 CFR 1910, NFPA 241 and NFPA 30.Smoking: Smoking is prohibited except in designated smoking areas.B.21 OPERATIONS AND STORAGE AREAS: The Contractor shall confine all operations (including storage of materials) on Government premises to areas authorized or approved by the COR or Contracting Officer. The Contractor shall hold and save the Government, its officers and agents, free and harmless from liability of any nature occasioned by the Contractor's performance. It is understood that the VA will not be held responsible for any damage to the Contractor’s equipment, materials, supplies or the like which shall result from vandalism, theft etc. while on site. Temporary buildings (e.g., storage sheds, shops, offices) and utilities shall be erected by the Contractor only with the approval of the COR and shall be built with labor and materials furnished by the Contractor without expense to the Government. The temporary buildings and utilities shall remain the property of the Contractor and shall be removed by the Contractor at its expense upon completion of the work.The Contractor shall, under regulations prescribed by the Contracting Officer or COR, use only established roadways, or use temporary roadways constructed by the Contractor when and as authorized by the COR or Contracting Officer. Vehicles shall not be loaded beyond the loading capacity recommended by the manufacturer of the vehicle or prescribed by any Federal, State, or local law or regulation. When it is necessary to cross curbs or sidewalks, the Contractor shall protect them from damage. The Contractor shall repair or pay for the repair of any damaged curbs, sidewalks, or roads. Working space and space available for storing materials shall be where approved by COR in the Contractor’s “Staging Area”. Contractor personnel shall be subject to the rules of the Cemetery applicable to their conduct. Execute work in such a manner as to interfere as little as possible with work being done by others. Keep roads clear of service materials, debris, standing service equipment and vehicles at all times. Do not store materials and equipment in other than assigned areas. Fence: Before work operations begin, Contractor shall provide a chain link fence, six feet minimum height, around the staging area. Provide gates as required for access with necessary hardware, including hasps and padlocks. Fasten fence fabric to terminal posts with tension bands and to line posts and top and bottom rails with tie wires spaced at maximum 15 inches. Bottom of fences shall extend to one inch above grade. B.22 Utilities Services: No utility service such as water, gas, steam, sewers or electricity, or fire protection systems and communications systems shall be interrupted without prior approval of COR. The contractor shall not interrupt irrigation to areas not “currently” being renovated. If necessary, the contractor shall cap off, run by-pass lines or manually irrigate as necessary, as to not affect areas not currently being renovated.Contractor shall submit a request to interrupt any such services to COR, in writing, a minimum of 48 hours in advance of proposed interruption. Request shall include the reason, date, exact time of, and approximate duration of such interruption. Contractor will be advised (in writing) of approval of request, or of which other date and/or time such interruption will cause least inconvenience to operations of Cemetery. Interruption time approved by COR may occur at other than Contractor's normal working hours. To minimize interference of service activities with flow of Cemetery traffic, comply with the following:Keep roads, walks and entrances to grounds, to parking and to occupied areas of buildings clear of materials, debris and standing service equipment and vehicles. At least one lane shall be open to traffic at all times.Coordination of work with COR or authorized designee: The burial activities at a National Cemetery will take precedence over service activities. The Contractor shall cooperate and coordinate with the COR or authorized designee, in arranging schedule to cause the least possible interference with cemetery activities in actual burial areas. Work noise during the interment services shall not disturb the service. Trucks and workmen shall not pass through the service area during this period. B.23 INSPECTIONS AND SURVEYS:PROFESSIONAL SURVEYING SERVICES - A registered professional land surveyor or registered civil engineer whose services are retained and paid for by the Contractor shall be used for layout control of work and to restore any grave section corner monuments that may be disturbed as a result of the Contractors performance of the contract work. Survey: Before any work is started, the Contractor shall make a thorough videotape survey with the COR of areas in which contract work occurs and areas of anticipated routes of access, etc., and provide a copy to the COR. This videotape shall include:Existing conditions at site. Use a video camera to survey and document existing conditions prior to start of work. Contractor shall provide the video camera and tapes for this purpose. The Contractor shall turnover one copy of the completed survey videotape to COR prior to starting work.ReSurvey: At the final inspection and acceptance the Contractor and COR together will make a thorough resurvey of the areas where contract work occurred. Resurvey report shall list any damages caused by Contractor's workmen in executing work of this contract. B.24 PROTECTION OF EXISTING VEGETATION, STRUCTURES, EQUIPMENT, UTILITIES, AND IMPROVEMENTS: The Contractor shall preserve and protect all structures, equipment, and vegetation (such as trees, shrubs, and grass) on or adjacent to the work site, which shall not be removed and which do not unreasonably interfere with the work required under this contract. The Contractor shall only remove trees when specifically authorized to do so by the COR, and shall avoid damaging vegetation that will remain in place. If any limbs or branches of trees are broken during contract performance, or by the careless operation of equipment, or by workmen, the Contractor shall trim those limbs or branches with a clean cut and remove and properly dispose of from the site as defined herein.The Contractor shall protect from damage all existing improvements and utilities at or near the work site and on adjacent property of a third party, the locations of which are made known to or are known by the Contractor. The Contractor shall immediately notify the COR of any such occurrence and repair any damage to those facilities, including those that are the property of a third party, resulting from failure to comply with the requirements of this contract or failure to exercise reasonable care in performing the work. If the Contractor fails or refuses to repair the damage promptly, the Contracting Officer will have the necessary work performed and charge the cost to the Contractor.Refer to Articles, "Inspections and Surveys", "Restoration", and "Operations and Storage Areas" for additional instructions concerning repair of damage to structures and site improvements. B.25 RESTORATION:Contractor shall remove, cut, alter, reinstall, replace, patch and repair existing work as necessary. Except as otherwise shown or specified, do not disturb any water, steam, gas, or electric services without prior approval of the COR or Contracting Officer. Existing work to be completed and that is found to be defective in any way, shall be reported to the COR before it is disturbed. Materials and workmanship used in restoring work shall conform in type and quality to that of original service, except as otherwise shown or specified. Upon completion of contract, deliver work complete and undamaged. Existing cemetery features (lawns, paving, roads, walks, etc.) disturbed or removed as a result of performing required new work, shall be patched, repaired, reinstalled, or replaced with new work, and refinished and left in as good condition as existed before commencing work. All restoration work shall be accomplished without undue delay.At Contractor's own expense, Contractor shall immediately restore to service and repair any damage caused by Contractor's workmen/subcontractors to existing cemetery infrastructure. Expense of repairs to such utilities and systems not shown on drawings or locations of which are unknown will be covered by adjustment to contract time and price in accordance with clause containing reference "CHANGES" (FAR 52.2124). The Contractor shall be responsible for replacement of any headstones or marker, which is chipped, marred, or damaged at the fault of the Contractor and shall bear all costs associated with replacement and reinstallation. Any such damage shall be brought to the attention of the COR prior to replacement or reinstallation.B.26 LAYOUT OF WORK: The Contractor shall lay out the work and shall be responsible for all measurements in connection with the layout. Where burial section grid monumentation exists, it shall be utilized for all Flat Marker row layout work, and contractor shall coordinate all associated field layout dimensions with COR prior to start of work. The Contractor shall furnish, at Contractor's own expense, all stakes, templates, platforms, equipment, tools, materials, and labor required to layout any part of the work. The Contractor shall be responsible for executing the work to the lines and grades needed to accomplish the work and to ensure that grave markers are correctly and accurately located on their associated gravesites. The Contractor shall also be responsible for maintaining and preserving all temporary and permanent stakes and other marks until authorized by the COR to remove them. If such marks are destroyed by the Contractor or through Contractor's negligence before their removal is authorized, the Contracting Officer will replace them and deduct the expense of the replacement from any amounts due or to become due to the Contractor. As-Built Drawings.Not Required.B.27 CONTRACTING OFFICER’S REPRESENTATIVE (COR): The COR responsibilities will include, but not be limited to surveillance of services required under this contract; determining the adequacy of Contractor performance according to the specifications of this contract; acting as the Government’s representative; ensuring compliance with contract requirements insofar as the work is concerned; and advising the CO of any contract issues. The COR cannot authorize deviations from the specifications and requirements of this contract. In the event the Contractor deviates without approval from the CO, such deviation shall be at the risk of the Contractor and any cost related thereto shall be borne by the Contractor. The COR designated for this proposed contract will be appointed in writing by the CO.B.28 DISPOSAL OF HAZARDOUS WASTE:The Contractor shall not dispose of any hazardous materials at any location on the cemetery premises except as specified and/or authorized by the COR.B.29 METRIC CONVERSIONS:Any measurements stated in this specification or in any documents associated with the proposed contract as normally used inch-pound units can be converted to metric units providing they fall within the tolerances specified using conversion tables contained in the latest revision of Federal Standard No. 376. Any measurements only given in inch-pound units are not meant to be restrictive. If the General Requirements require replacement of parts to be included as part of the contract, and a product (part) is manufactured to metric dimensions and those dimensions exceed the tolerances specified in the inch-pound units, a request shall be made to the Contracting Officer to determine if the product is acceptable.B.30 GENDER:For the purpose of equal rights, wherever the masculine gender is used in this solicitation, and the resulting contract, it shall be considered to include both masculine and feminine gender.----END---SECTION C - CONTRACT CLAUSESC.1 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)FAR NumberTitleDate52.212-3OFFEROR REPRESENTATIONS AND CERTIFICATIONS--COMMERCIAL ITEMSAPR 2012C.2 52.212-4 CONTRACT TERMS AND CONDITIONS-- COMMERCIAL ITEMS (FEB 2012) (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 Government wide 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-- Central Contractor Registration, or 52.232-34, Payment by Electronic Funds Transfer--Other Than Central Contractor Registration), 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. 265 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, and Compliance with Laws Unique to Government Contracts 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) Central Contractor Registration (CCR). (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 CCR database, and for any liability resulting from the Government's reliance on inaccurate or incomplete data. To remain registered in the CCR 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 CCR database to ensure it is current, accurate and complete. Updating information in the CCR 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 CCR 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 CCR 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 CCR 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 CCR database. Information provided to the Contractor's CCR 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 CCR accessed through or by calling 1-888-227-2423 or 269-961-5757.(End of Clause)FAR NumberTitleDate52.203-3GRATUITIESAPR 198452.204-4PRINTED OR COPIED DOUBLE-SIDED ON RECYCLED PAPERMAY 201152.204-9PERSONAL IDENTITY VERIFICATION OF CONTRACTOR PERSONNELJAN 2011FAR NumberTitleDate52.232-17INTERESTOCT 201052.232-18AVAILABILITY OF FUNDSAPR 198452.232-38SUBMISSION OF ELECTRONIC FUNDS TRANSFER INFORMATION WITH OFFERMAY 199952.237-2PROTECTION OF GOVERNMENT BUILDINGS, EQUIPMENT, AND VEGETATIONAPR 198452.237-3CONTINUITY OF SERVICESJAN 199152.242-13BANKRUPTCYJUL 199552.242-15STOP-WORK ORDERAUG 198952.236-21SPECIFICATIONS AND DRAWINGS FOR CONSTRUCTION ALTERNATE II (APR 1984)FEB 1997C.3 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.4 VAAR 852.203-71 DISPLAY OF DEPARTMENT OF VETERAN 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.5 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 . 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.6 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 the contract indicates, 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 an additional 20%; (2) Any order for a combination of items in excess of an additional 20%; or (3) A series of orders from the same ordering office within 30 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 30 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.7 52.216-21 REQUIREMENTS (OCT 1995) ALTERNATE III (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) The Government's requirements for each item or subitem of supplies or services described in the Schedule are being purchased through one non-set-aside contract and one set-aside contract. Therefore, the Government shall order from each Contractor approximately one-half of the total supplies or services specified in the Schedule that are required to be purchased by the specified Government activity or activities. The Government may choose between the set-aside Contractor and the non-set-aside Contractor in placing any particular order. However, the Government shall allocate successive orders, in accordance with its delivery requirements, to maintain as close a ratio as is reasonably practicable between the total quantities ordered from the two Contractors. (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 from 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 .(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)C.9 52.223-17 AFFIRMATIVE PROCUREMENT OF EPA-DESIGNATED ITEMS IN SERVICE AND CONSTRUCTION CONTRACTS (MAY 2008) (a) In the performance of this contract, the Contractor shall make maximum use of products containing recovered materials that are EPA-designated items unless the product cannot be acquired-- (1) Competitively within a timeframe providing for compliance with the contract performance schedule; (2) Meeting contract performance requirements; or (3) At a reasonable price. (b) Information about this requirement is available at EPA's Comprehensive Procurement Guidelines web site, . The list of EPA-designated items is available at .(End of Clause)C.10 VAAR 852.219-11 VA NOTICE OF TOTAL VETERAN-OWNED SMALL BUSINESS SET-ASIDE (DEC 2009) (a) Definition. For the Department of Veterans Affairs, "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 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 veterans; (ii) The management and daily business operations of which are controlled by one or more veterans; (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) "Veteran" is defined in 38 U.S.C. 101(2). (b) General. (1) Offers are solicited only from veteran-owned small business concerns. All service-disabled veteran-owned small businesses are also determined to be veteran-owned small businesses if they meet the criteria identified in paragraph (a)(1) of this section. Offers received from concerns that are not veteran-owned small business concerns shall not be considered. (2) Any award resulting from this solicitation shall be made to a veteran-owned small business concern. (c) Agreement. A 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 veteran-owned small business concerns; (2) Supplies (other than acquisition from a non-manufacturer 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 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 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 veteran-owned small business concerns. (d) A joint venture may be considered a veteran-owned small business concern if: (1) At least one member of the joint venture is a veteran-owned small business concern, and makes the following representations: That it is a veteran-owned small business concern, and that it is a small business concern under the 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; (3) The joint venture meets the requirements of paragraph 7 of the explanation of Affiliates in 19.101 of the Federal Acquisition Regulation; and (4) The joint venture meets the requirements of 13 CFR 125.15(b), except that the principal company may be a veteran-owned small business concern or a service-disabled veteran-owned small business concern. (e) Any 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.11 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.12 VAAR 852.273-76 ELECTRONIC INVOICE SUBMISSION (Interim - October 2008) (a) To improve the timeliness of payments and lower overall administrative costs, VA strongly encourages contractors to submit invoices using its electronic invoicing system. At present, electronic submission is voluntary and any nominal registration fees will be the responsibility of the contractor. VA intends to mandate electronic invoice submission, subject to completion of the federal rulemaking process. At present, VA is using a 3rd party agent to contact contractors regarding this service. During the voluntary period, contractors interested in registering for the electronic system should contact the VA's Financial Services Center at .(End of Clause)C.13 VAAR 852.236-91 SPECIAL NOTES (JUL 2002) (a) Signing of the bid shall be deemed to be a representation by the bidder that: (1) Bidder is a construction contractor who owns, operates, or maintains a place of business, regularly engaged in construction, alteration, or repair of buildings, structures, and communications facilities, or other engineering projects, including furnishing and installing of necessary equipment; or (2) If newly entering into a construction activity, bidder has made all necessary arrangements for personnel, construction equipment, and required licenses to perform construction work; and (3) Upon request, prior to award, bidder will promptly furnish to the Government a statement of facts in detail as to bidder's previous experience (including recent and current contracts), organization (including company officers), technical qualifications, financial resources and facilities available to perform the contemplated work. (b) Unless otherwise provided in this contract, where the use of optional materials or construction is permitted, the same standard of workmanship, fabrication and installation shall be required irrespective of which option is selected. The contractor shall make any change or adjustment in connecting work or otherwise necessitated by the use of such optional material or construction, without additional cost to the Government. (c) When approval is given for a system component having functional or physical characteristics different from those indicated or specified, it is the responsibility of the contractor to furnish and install related components with characteristics and capacities compatible with the approved substitute component as required for systems to function as noted on drawings and specifications. There shall be no additional cost to the Government. (d) In some instances it may have been impracticable to detail all items in specifications or on drawings because of variances in manufacturers' methods of achieving specified results. In such instances the contractor will be required to furnish all labor, materials, drawings, services and connections necessary to produce systems or equipment which are completely installed, functional, and ready for operation by facility personnel in accordance with their intended use. (e) Claims by the contractor for delay attributed to unusually severe weather must be supported by climatological data covering the period and the same period for the 10 preceding years. When the weather in question exceeds in intensity or frequency the 10-year average, the excess experienced shall be considered "unusually severe." Comparison shall be on a monthly basis. Whether or not unusually severe weather in fact delays the work will depend upon the effect of weather on the branches of work being performed during the time under consideration.(End of Clause)C.14 VAAR 852.236-88 CONTRACT CHANGES--SUPPLEMENT (JUL 2002) (a) Paragraphs (a)(1) through (a)(4) apply to proposed contract changes costing over $500,000. (1) When requested by the contracting officer, the contractor shall submit proposals for changes in work to the resident engineer. Proposals, to be submitted as expeditiously as possible but within 30 calendar days after receipt of request, shall be in legible form, original and two copies, with an itemized breakdown that will include material, quantities, unit prices, labor costs (separated into trades), construction equipment, etc. (Labor costs are to be identified with specific material placed or operation performed.) The contractor must obtain and furnish with a proposal an itemized breakdown as described above, signed by each subcontractor participating in the change regardless of tier. When certified cost or pricing data are required under FAR Subpart 15.403, the cost or pricing data shall be submitted in accordance with FAR 15.403-5. (2) When the necessity to proceed with a change does not allow sufficient time to negotiate a modification or because of failure to reach an agreement, the contracting officer may issue a change order instructing the contractor to proceed on the basis of a tentative price based on the best estimate available at the time, with the firm price to be determined later. Furthermore, when the change order is issued, the contractor shall submit a proposal, which includes the information required by paragraph (a)(1), for cost of changes in work within 30 calendar days. (3) The contracting officer will consider issuing a settlement by determination to the contract if the contractor's proposal required by paragraphs (a)(1) or (a)(2) of this clause is not received within 30 calendar days or if agreement has not been reached. (4) Bond premium adjustment, consequent upon changes ordered, will be made as elsewhere specified at the time of final settlement under the contract and will not be included in the individual change. (b) Paragraphs (b)(1) through (b)(11) apply to proposed contract changes costing $500,000 or less: (1) When requested by the contracting officer, the contractor shall submit proposals for changes in work to the resident engineer. Proposals, to be submitted as expeditiously as possible but within 30 calendar days after receipt of request, shall be in legible form, original and two copies, with an itemized breakdown that will include material, quantities, unit prices, labor costs (separated into trades), construction equipment, etc. (Labor costs are to be identified with specific material placed or operation performed.) The contractor must obtain and furnish with a proposal an itemized breakdown as described above, signed by each subcontractor participating in the change regardless of tier. When certified cost or pricing data or information other than cost or pricing data are required under FAR 15.403, the data shall be submitted in accordance with FAR 15.403-5. No itemized breakdown will be required for proposals amounting to less than $1,000. (2) When the necessity to proceed with a change does not allow sufficient time to negotiate a modification or because of failure to reach an agreement, the contracting officer may issue a change order instructing the contractor to proceed on the basis of a tentative price based on the best estimate available at the time, with the firm price to be determined later. Furthermore, when the change order is issued, the contractor shall submit within 30 calendar days, a proposal that includes the information required by paragraph (b)(1) for the cost of the changes in work. (3) The contracting officer will consider issuing a settlement by determination to the contract if the contractor's proposal required by paragraphs (b)(1) or (b)(2) of this clause is not received within 30 calendar days, or if agreement has not been reached. (4) Allowances not to exceed 10 percent each for overhead and profit for the party performing the work will be based on the value of labor, material, and use of construction equipment required to accomplish the change. As the value of the change increases, a declining scale will be used in negotiating the percentage of overhead and profit. Allowable percentages on changes will not exceed the following: 10 percent overhead and 10 percent profit on the first $20,000; 7-1/2 percent overhead and 7-1/2 percent profit on the next $30,000; 5 percent overhead and 5 percent profit on balance over $50,000. Profit shall be computed by multiplying the profit percentage by the sum of the direct costs and computed overhead costs. (5) The prime contractor's or upper-tier subcontractor's fee on work performed by lower-tier subcontractors will be based on the net increased cost to the prime contractor or upper-tier subcontractor, as applicable. Allowable fee on changes will not exceed the following: 10 percent fee on the first $20,000; 7-1/2 percent fee on the next $30,000; and 5 percent fee on balance over $50,000. (6) Not more than four percentages, none of which exceed the percentages shown above, will be allowed regardless of the number of tiers of subcontractors. (7) Where the contractor's or subcontractor's portion of a change involves credit items, such items must be deducted prior to adding overhead and profit for the party performing the work. The contractor's fee is limited to the net increase to contractor of subcontractors' portions cost computed in accordance herewith. (8) Where a change involves credit items only, a proper measure of the amount of downward adjustment in the contract price is the reasonable cost to the contractor if he/she had performed the deleted work. A reasonable allowance for overhead and profit are properly includable as part of the downward adjustment for a deductive change. The amount of such allowance is subject to negotiation. (9) Cost of Federal Old Age Benefit (Social Security) tax and of Worker's Compensation and Public Liability insurance appertaining to changes are allowable. While no percentage will be allowed thereon for overhead or profit, prime contractor's fee will be allowed on such items in subcontractors' proposals. (10) Overhead and contractor's fee percentages shall be considered to include insurance other than mentioned herein, field and office supervisors and assistants, security police, use of small tools, incidental job burdens, and general home office expenses and no separate allowance will be made therefore. Assistants to office supervisors include all clerical, stenographic and general office help. Incidental job burdens include, but are not necessarily limited to, office equipment and supplies, temporary toilets, telephone and conformance to OSHA requirements. Items such as, but not necessarily limited to, review and coordination, estimating and expediting relative to contract changes are associated with field and office supervision and are considered to be included in the contractor's overhead and/or fee percentage. (11) Bond premium adjustment, consequent upon changes ordered, will be made as elsewhere specified at the time of final settlement under the contract and will not be included in the individual change.(End of Clause)SECTION D - CONTRACT DOCUMENTS, EXHIBITS, OR ATTACHMENTSCONTRACT DOCUMENTS, EXHIBITS, OR ATTACHMENTS ATTACHMENTDESCRIPTIONPagesAlanc sITE Plan PHASE VIIA1BFLAT MARKER REALIGNMENT PAHSE VIIA1CSECTION 01340 SAMPLES AND SHOP DRAWINGS5DFLAT MARKER ALIGNMENT AND CLEANING 7EGPS SITE SURVEY4FTURF RENOVATION4GMAP OF VIIA SECTION 1HCONTRACT DRAWINGS4IWAGE DETERMINATION 1JBUSINESS MANAGEMENT QUESTIONNAIRE2ATTACHMENT ALANC SITE PLAN PHASE VIIAATTACHMENT BFlat Marker RealignmentATTACHMENT CSECTION 01340SAMPLES AND SHOP DRAWINGS11.Refer to Articles titled SPECIFICATIONS AND DRAWINGS FOR CONSTRUCTION (FAR 52.23621) and, SPECIAL NOTES (VAAR 852.236-91), in Section, GENERAL CONDITIONS.12.For the purposes of this contract, samples (including laboratory samples to be tested), test reports, certificates, and manufacturers' literature and data shall also be subject to the previously referenced requirements. The following text refers to all items collectively as SUBMITTALS.13.Submit for approval, all of the items specifically mentioned under the separate sections of the specification, with information sufficient to evidence full compliance with contract requirements. Materials, fabricated articles and the like to be installed in permanent work shall equal those of approved submittals. After an item has been approved, no change in brand or make will be permitted unless:A.Satisfactory written evidence is presented to, and approved by Contracting Officer, that manufacturer cannot make scheduled delivery of approved item or;B.Item delivered has been rejected and substitution of a suitable item is an urgent necessity or;C.Other conditions become apparent which indicates approval of such substitute item to be in best interest of the Government.14.Forward submittals in sufficient time (a minimum of 10 calendar days, exclusive of mailing time) to permit proper consideration and approval action by Government. Time submission to assure adequate lead time for procurement of contract required items. Delays attributable to untimely and rejected submittals (including any laboratory samples to be tested) will not serve as a basis for extending contract time for completion.15.Submittals will be reviewed for compliance with contract requirements by Contracting Officer, and action thereon will be taken by the Contracting Officer.16.Upon receipt of submittals, Contracting Officer will assign a file number thereto. Contractor, in any subsequent correspondence, shall refer to this file and identification number to expedite replies relative to previously approved or disapproved submittals.17.The Government reserves the right to require additional submittals, whether or not particularly mentioned in this contract. If additional submittals beyond those required by the contract are furnished pursuant to request therefore by Contracting Officer, adjustment in contract price and time will be made in accordance with Articles titled CHANGES (FAR 52.2434) and CHANGES SUPPLEMENT (VAAR 852.23688) of the GENERAL CONDITIONS.18.Schedules called for in specifications and shown on shop drawings shall be submitted for use and information of Department of Veterans Affairs and ArchitectEngineer. However, the Contractor shall assume responsibility for coordinating and verifying schedules. The Contracting Officer assumes no responsibility for checking schedules or layout drawings for exact sizes, exact numbers and detailed positioning of items.19.Submittals must be submitted by Contractor only and shipped prepaid. Contracting Officer assumes no responsibility for checking quantities or exact numbers included in such submittals. A.Submit samples in single units unless otherwise specified. Submit shop drawings, schedules, manufacturers' literature and data, and certificates in quadruplicate, except where a greater number is specified.B.Submittals will receive consideration only when covered by a transmittal letter signed by Contractor. Letter shall be sent via first class mail and shall contain the list of items, name of Cemetery, name of Contractor, contract number, applicable specification paragraph numbers, applicable drawing numbers (and other information required for exact identification of location for each item), manufacturer and brand, ASTM or Federal Specification Number (if any) and such additional information as may be required by specifications for particular item being furnished. In addition, catalogs shall be marked to indicate specific items submitted for approval.1.A copy of letter must be enclosed with items, and any items received without identification letter will be considered "unclaimed goods" and held for a limited time only.2.Each sample, certificate, manufacturers' literature and data shall be labeled to indicate the name and location of the Cemetery, name of Contractor, manufacturer, brand, contract number and ASTM or Federal Specification Number as applicable and location(s) on project.3.Required certificates shall be signed by an authorized representative of manufacturer or supplier of material, and by Contractor. C.In addition to complying with the applicable requirements specified in preceding Article 1.9, samples which are required to have Laboratory Tests under the separate sections of the specification shall be tested, at the expense of Contractor, in a commercial laboratory approved by Contracting Officer.1.Laboratory shall furnish Contracting Officer with a certificate stating that it is fully equipped and qualified to perform intended work, is fully acquainted with specification requirements and intended use of materials and is an independent establishment in no way connected with organization of Contractor or with manufacturer or supplier of materials to be tested.2.Certificates shall also set forth a list of comparable projects upon which laboratory have performed similar functions during past five years.3.Samples and laboratory tests shall be sent directly to approved commercial testing laboratory.4.Contractor shall send a copy of transmittal letter to the Contracting Officer with submission of material to a commercial testing laboratory.5.Laboratory test reports shall be sent directly to Contracting Officer for appropriate action.6.Laboratory reports shall list contract specification test requirements and a comparative list of the laboratory test results. When tests show that the material meets specification requirements, the laboratory shall so certify on test report.7.Laboratory test reports shall also include a recommendation for approval or disapproval of tested item.D.If submittal samples have been disapproved, resubmit new samples as soon as possible after notification of disapproval. Such new samples shall be marked "Resubmitted Sample" in addition to containing other previously specified information required on label and in transmittal letter.E.Approved samples will be kept on file by the Contracting Officer at the site until completion of contract, at which time such samples will be delivered to Contractor as Contractor's property. Where noted in technical sections of specifications, approved samples in good condition may be used in their proper locations in contract work. At completion of contract, samples that are not approved will be returned to Contractor only upon request and at Contractor's expense. Such request should be made prior to completion of the contract. Disapproved samples that are not requested for return by Contractor will be discarded after completion of contract.F.Submittal drawings (shop, erection or setting drawings) and schedules, required for work of various trades, shall be checked before submission by technically qualified employees of Contractor for accuracy, completeness and compliance with contract requirements. These drawings and schedules shall be stamped and signed by Contractor certifying to such check.1.For each drawing required, submit one legible photographic paper or vellum reproducible.2.Reproducible shall be full size.3.Each drawing shall have marked thereon, proper descriptive title, including Cemetery location, project number, manufacturer's number, reference to contract drawing number, detail Section Number, and Specification Section Number.4.A space 120 mm by 125 mm (43/4 by 5 inches) shall be reserved on each drawing to accommodate approval or disapproval stamp.5.Submit drawings, ROLLED WITHIN A MAILING TUBE, fully protected for shipment.6.One reproducible print of approved or disapproved shop drawings will be forwarded to Contractor.7.When work is directly related and involves more than one trade, shop drawings shall be submitted to Contracting Officer under one cover.1-10.Samples, shop drawings, test reports, certificates and manufacturers' literature and data, shall be submitted for approval to Cliff SchemMSN V Engineer1301 Clay Street, Suite 1230NOakland, CA 94612Phone: (510) 637-62701-11.At the time of transmittal, the Contractor shall also send a copy of the complete submittal directly to the Contracting Officer. E N D ATTACHMENT DFLAT MARKER ALIGNMENT AND CLEANINGFLAT MARKER REMOVAL, RESETTING, AND BACKFILL REQUIREMENTS:Overview: This subsection outlines Flat Marker realignment requirements. Raise, Lower, Realignment, Reset, and Backfill services consist of extracting, resetting, aligning, backfilling and tamping/compacting flat markers that are already in place which have shifted out of vertical and/or horizontal alignment and plumb, as well as inventorying and assuring accurate placement of gravesites. The Contractor shall provide all supervision, professional advice/guidance, labor, parts, materials, equipment, and personnel necessary to provide the services defined herein.Phasing and Work Sequencing: All work shall be accomplished in a sequential manner, with work limited to no more than 300 gravesites at any given time in order to minimize overall disruption to the cemetery. Contractor may request an increase to this limit in writing. The COTR will consider contractor’s progress, neatness and potential impact to the cemetery operations in his/her decision. Work cannot begin in subsequent burial section areas until such time that all work, including turf renovation, has been completed in the current burial section areas. The Contractor shall submit a proposed "Project Work Schedule Sequence" to the COTR for review and approval prior to start of project.Flat Marker Specifications: Raise, lower, realign, reset, backfill, and cleaning of flat markers shall be accomplished as follows:Flat Markers are of the following approximate dimensions: 12 inches wide and 24 inches in length and 3-4 inches in thickness.Removal/Handling/Storage of Flat Markers: Before flat markers are removed from a section, their locations shall be inspected and verified. See Record Keeping and Recording below. Flat Markers will be removed, inventoried, handled, moved, stored and reset in a dignified manner and to protect and prevent any damage.? Flat Markers shall not be stacked without proper cushion/spacing material between each Flat Marker that will prevent. Flat Markers shall be handled and stored in a dignified manner. The Contractor shall coordinate with COTR to locate appropriate areas for temporary storage. Before Flat Markers are removed from any row to complete required work, each end of the row shall have a temporary control pin marker placed by a registered surveyor, and contractor shall create an as-built map showing specific location of each individual Flat Markers by actual number and name in order to facilitate precise Flat Markers reinstallation in the correct location. The measurements between rows of flat marker flat markers and flat marker flat markers within each row may differ from one section to the next. Discuss this issue with the COTR where this is found to occur. These measurements shall be adhered to as closely as possible. Some variances may be allowed in order to keep a uniform appearance of flat markers being aligned. Markers shall be accurately and precisely reinstalled on the correct gravesites with the use of temporary grave plotting maps, existing permanent control markers where available, with temporary contractor installed control markers accurately and precisely installed at the ends of each gravesite row.The contractor shall pull the flat markers from the flat marker sockets and carefully store the markers on each associated gravesite. A continuous 4” deep x 1’-6” wide trench shall be dug under each flat marker 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 to accept plastic support grid (1). Over excavate the soil directly below each flat marker to a full 9” depth, and then backfill this same area (directly below each flat marker) with 5” min thickness of moistened Crushed Limestone Base Material (graded aggregate sizes ranging from crushed powder fines up to 3/8” maximum) heavily tamped to full compaction and leveled for the required alignment of the flat markers. See Flat Marker Installation Details on drawings.After heavily tamping and compacting the soil in the bottom of the 4” depth continuous trench, install 1’-6” wide continuous strip of plastic support grid 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. If material shall be spliced, this shall be done in accordance with the manufacturer’s instructions. Directly underneath each flat marker, backfill the voids of the plastic support grid with moistened crushed limestone base material (graded aggregate sizes ranging from crushed powder fines up to 3/8” maximum) to fill the 1” high rings and all spaces between the rings, and compact this material into place. Top elevation of the filled plastic support grid material shall be the base for the flat markers. Backfill clean topsoil into the remaining areas of plastic support grid located in the trenches between the flat markers and firmly compact this material into place. Remaining trench areas around and between all flat markers from top of the plastic support grid surface to top of ground surface shall be filled with 3” minimum clean topsoil compacted firmly into place so that settlement shall not occur. Flat markers shall be reset to a depth so that the top surface of the flat marker is at grade in accordance with Los Angeles National Cemetery Master Plan. All measurements and string line set-ups shall be taken from established section control markers and/or from temporary control markers installed by the contractor around the section and at the end of each grave row, not from previously set flat markers, unless otherwise directed by the COTR. All measurements shall be made in ascending grave number order. All markers in flat terrain shall be leveled laterally and transversely using a bubble level. In rolling terrain where sloping ground conditions exist, all flat markers shall be set with top surface at proper heights and levels to provide a uniform flowing transition through the rolling terrain. Markers shall be accurately and precisely reinstalled on the correct gravesites with the utilization of temporary grave plotting maps, existing permanent control markers where available and temporary contractor installed control markers accurately and precisely installed at the ends of each gravesite row. Flat markers shall be set in a line laterally, transversely, and diagonally with flat markers of other graves. All measurements and string line set-ups shall be taken from established section layout control markers, not from previously set flat markers, unless otherwise directed by the COTR. All line set-ups shall be secured to retain proper alignment even in windy conditions. All measurements shall be made in ascending grave number order. After all work has been completed, the flat markers in all soil and terrain conditions shall be held firmly in place by the compacted soil and crushed limestone base so that the flat markers are rigid with no give, play, or movement when subjected to forces by the COTR. The realign crew starts on a row of flat markers close to the center of the section to be realigned. Markers are chosen to be “key” stones. These keystones are ones that are visibly in line with the majority of the rest of the markers in the row, and are as close as possible to the proper measurements for that section of markers. “Key” stones shall be chosen and utilized at a maximum of every 10th marker (or more frequently in areas of rolling terrain). These keystones are then aligned by leveling front and back and side-to-side, and raised or lowered to a final concrete base elevation height at grade with topsoil levelAt the start of work in each burial section, the first row of reset/realigned flat markers in each burial section will be inspected by COTR for appearance, spacing, depth, alignment, plumbness, height, accuracy, and smoothness in grade transition. No further setting of flat markers shall be done until this first row has been inspected and accepted by the COTR. It is the Contractors responsibility to notify the COTR 24 hours in advance of when each of these inspections will be needed.Heavy strings or lines shall run along the side and top edges of the keystones. These lines are marked with the proper measurements- (size of section) for the section being aligned. All remaining flat markers in the row are then aligned along the strings front to back and side-to-side even with the measured marks on the line. Each flat marker shall be adjusted front to back and side-to-side keeping the back of the flat marker along the string and the side of the flat marker along the measured mark. Maximum vertical, lateral, and transverse tolerance of any flat marker off the alignment string lines and/or marks shall be 1/8”, or less. Each flat marker shall be raised or lowered as necessary to be right at topsoil level subject to the top string slopes required for the markers to flow with the sloping terrain. The flat marker shall then be aligned along the string front to back and side-to-side even with the measured mark on the line. The flat marker shall be leveled and plumbed front to back and side-to-side keeping the back of marker along the string and the side of the marker along the measured mark. The alignment of the flat markers shall be checked frequently during this process to ensure that the marker is not out of level or off the mark on the line. This process of raising and realigning is repeated for each row of markers. Flat markers in all completed work areas shall be firmly set and anchored in place with no movement from forces subjected by the COTR. (Note 1) Grasspave, Marker Grid or approved equal are acceptable plastic support grid products. Grasspave is made by Invisible Structures, Inc, 20100 East 35th Drive, Aurora, Colorado, 80011. Marker grid is made by Nursery West Corporation, 11463 Broadacres Road, NE, Hubbard, OR 97032. RECORD KEEPING AND REPORTING: The contractor’s Superintendent (or his designee) and COTR (or COTR’s Representative(s)) shall conduct a joint gravesite inspection and verification prior to the removal of any flat markers to document the location and accuracy of all existing headstones and markers. The COTR will provide a printout of the burial records (BOSS) for this purpose with the following data fields. Section, Row, First and last name of the deceased. Upon completion of this joint survey, both the contractor’s Superintendent and COTR shall certify the accuracy, as noted and initialed, by signing the burial record printout.Upon completion of the resetting and realignment of the flat markers, contractor’s Superintendent and COTR will inspect and verify the accuracy of the placement of Flat Marker on the correct gravesite. Upon completion of this second joint survey, both the contractor’s Superintendent and COTR shall certify the accuracy by re-signing the burial record printout.Record Keeping and Reporting: The Contractor's Project Manager shall provide the COTR(s) with weekly written accurate reports detailing the section and range of graves in that specific week. These lists will be provided on not less than a weekly basis, and shall identify all of the above work that took place within the previous seven calendar days. Upon request, the Project Manager shall also provide a plan of action for the upcoming week, regarding headstone/marker locations and specific areas where work is being scheduled to occur.FLAT MARKER CLEANING: FLAT MARKER CLEANING GENERAL INFORMATION: The Contractor shall provide all labor, parts, equipment, supplies, transportation and personnel required to provide headstone/marker cleaning services. DEFINITION: “Clean” under this contract means: The headstones/markers shall contain NO discoloration, environmental deposits, mold, mildew, moss, algae, lichen, dirt/mud, grass clippings, grass marks, bird droppings, etc.CONTRACTOR DUTIES AND RESPONSIBILITIES: 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. CLEANING OF FLAT MARKERS: All temporary markers, floral, commemorative, or other types of decorations (arrangements) causing interference with the cleaning of headstones shall be carefully and orderly moved from and, upon completion of the cleaning of the markers moved back to the gravesite by the Contractor. Cleaning 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 headstones and flat markers. Cleaning techniques with water shall include high pressure spraying, hand scrubbing, and rinsing. When water under pressure is used, such pressure shall not be greater than 500 psi. Excessive staining and/or discoloration may be removed with pressurized water and a stiff nylon brush (no wire brushes, bleach, or abrasive cleaners shall be permitted) followed by rinsing with clear water. Use caution to prevent damaging bronze faceplates of the flat markers. If water used in cleaning should soften the soil around the base of the Flat Marker so that the Flat Marker is loosened, care shall be taken not to tip the Flat Marker out of plumb or alignment. Care shall be taken to protect the turf area from damage. Any turf damaged by the Contractor shall be restored at Contractor’s expense. Headstones shall be set and anchored firmly in place with no movement from forces subjected by the COTR or inspector after cleaning has been completed.Only approved cleaners shall be used. Cleaners current approved by NCA are D/2 Biological Solution by Cathedral Stone? Products, Inc and Weatherzyme by United Laboratories, Inc..Applying the cleaner: Soak the stone liberally with water before applying the cleaner. Stone is a very porous material and will absorb the cleaner. By soaking it beforehand, the cleaner will stay on the surface of the stone and minimize penetration of the cleaner in to the stone. This action minimizes potential adverse effects by the cleaner, such as salt crystallization in the pores of the stone. It also makes it easier to rinse the cleaner from the stone surface. Always keep the stone wet during cleaning and thoroughly rinse afterwards. Do not allow the cleaner to dry on the stone. Apply the cleaner according to the manufacturer’s recommendations. Do not use cleaner product in a greater strength than the manufacturer recommends. Evenly apply the cleaner with a sprayer to saturate the surface. Pressure wash headstones and/or markers from a distance no closer than 12 inches and with a pressure of 500 psi or less. Some stones may not be able to tolerate these conditions depending on their condition. A test patch in a small unobtrusive area on the headstone is recommended prior to cleaning.Agitating the surface: Agitate the surface gently in a circular motion using a soft bristle brush. Work in small areas, starting from the bottom and moving toward the top of the headstone. Agitation will loosen soiling from the surface of the stone. Soft bristle brushes are required when cleaning stones. They can have natural or synthetic bristles. Vegetable brushes or soft grooming brushes for large animals are a few that can be found in chain or farm supply stores. All rough or metal edges must be covered with tape to reduce the chance of scratching the stone. Rinsing the stone: Remember to rinse after cleaning each area and to thoroughly rinse the stone at the end to make sure that no cleaner is left behind. A typical cleaning regime may include a three-person team. The first person thoroughly wets the stone with clean water using a hose or a portable backpack sprayer. A second person sprays the stone surface with the biocidal cleaner. After the appropriate dwell time, a third person gently agitates the cleaner on the stone surface with a soft bristle brush, then rinses the stone with clean tap water.Contractor shall submit the required Material Safety Data Sheets (MSDS) to the COTR prior to use of any chemicals including but not limited to D/2 and Weatherzyme.Flat Markers that have been cleaned but become marked, discolored, dirt covered, or muddied due to subsequent contract work including but not limited to turf reestablishment issues shall be re-cleaned at no additional cost to the government. Flat Markers that become discolored, dirt covered, or muddied, etc. after initial cleaning has been completed, but prior to acceptance, shall be re-cleaned at no additional cost to the government. The Contractor's Superintendent shall provide the COTR(s) with weekly written accurate reports identifying the following: All headstones cleaned shall be recorded per gravesite location. These lists will be provided on not less than a weekly basis, and shall identify all of the above work that took place within the previous seven calendar days. DAMAGE AND WARRANTY:Any flat markers broken or damaged by the Contractor shall be reported to the Cemetery Administrator or COTR 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 flat marker replacement. The cost to replace contractor damaged headstones will be deducted from the contract price at the rate of $250.00 per headstone. All flat marker replacements shall be coordinated with the COTR. Any grid or sectional monuments disturbed, displaced or broken shall be replaced by the Contractor at his cost. All grid or sectional monuments disturbed, shall be properly reset by a licensed land surveyor at Contractor’s expense. Curbs, roads, walks, turf, trees, utilities 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. Repairs to the above shall be corrected by the Contractor within fourteen (14) workdays, unless otherwise agreed to with the COTR.The Contractor is to warranty all work for a period of one (1) year after final acceptance by the government, unless normal accepted commercial practice specifies differently. Any flat marker adjust, realign, reset, and/or backfill workmanship that does not meet the specified requirements (including specified tolerance requirements) before the end of this guaranty period is to be reworked, adjusted, and corrected by Contractor at no additional cost to the government. Work performed under the warranty shall be corrected within ten (10) workdays from receipt of notification or as directed by the COTR.ATTACHMENT EGPS SITE SURVEYGENERAL: The contractor shall perform all surveying services necessary to provide a headstone location/elevation and topographic survey of existing. This survey will form the basis for developing the final grade and installing the headstone support footing at the proper elevations in order to achieve proper headstone alignment.PROJECT LIMITS: The area to be surveyed shall include the all sections or portions thereof, at the National Cemetery that are to be renovated as part of this contract. Unless indicated on the plan or approved by the Contracting Officer (CO), the survey limits shall extend to a minimum of 20 feet beyond the sections being renovated. The survey shall locate each headstone (Upright or Flat) using GPS coordinates and record the position and elevation, and the contour of the grade using GPS.SUBMITTAL REQUIREMENTS:The Contractor shall submit the following to the MSN V Engineer according to the project schedule.An electronic copy of existing conditions: Headstone layout in reference to control monumentation, existing headstone elevations and existing topographic survey based on spot elevations.New Headstone Elevations and finished grading plan: Based on the survey of existing headstone elevation and topographic survey, the contractor shall develop and submit for approval a final headstone elevation plan and finished grade elevation plan using GPS.SPECIFICATIONS FOR HEADSTONE AND TOPOGRAPHIC SURVEY:Contour Interval: Contours shall be indicated by broken lines, drawn at one-foot intervals, or otherwise approved or required interval.Spot Elevations: Spot elevations shall be provided on an approximate 50 foot minimum grid pattern, and at all other appropriate locations where site features, structures, or utilities require greater detail to illustrate existing conditions. Provide spot elevations at the top and bottom of abrupt changes in grade.- - E N D - -ATTACHMENT FTurf RenovationTurf Renovation with Sod:General: Soil samples shall be collected from each section and be submitted to a certified soil-testing laboratory two to three weeks prior to the intended re-sodding operation to determine fertility and pH adjustment requirements. The results will be provided to the COTR for review and approval.Existing turf and weeds shall be killed, removed and replaced with new sod. The area shall be expertly graded and re-sodded resulting in a uniform stand of turf, high quality in appearance, with the tops of all flat markers uniform in height (parallel with the ground and no more than 1” above grade) and horizontally and vertically aligned or to a measurement as directed by the COTR. Vegetation Removal: Apply herbicide in a minimum of two applications. First application: Do not turn off the irrigation system until just before the application of the herbicide. This will allow the turf to absorb the maximum amount of herbicide. After the preparatory mowings, while the turf is still actively growing, the entire vegetated area shall be sprayed with a non-selective herbicide (Round up or equivalent). Application rate shall be at the maximum label recommended rate for the complete elimination of the existing turfgrass and weeds. Product label instructions shall be followed for elapsed time before moving to the next procedure to allow the herbicide to fully affect the plant material. After the elapsed time, the area shall then be irrigated to encourage growth of any remaining plant material. When there is sufficient regrowth, the area will be retreated with the non-selective herbicide, again following the product label directions for time to elapse for the herbicide to fully affect the plants, before the start of tillage. Dead plant debris shall be removed or ground up to no larger than ? inch and tilled to a depth of no less than 8 inches.Lines and Grades: Area will be tilled, graded and compacted to a level to provide a smooth and flowing transition through uneven terrain and to avoid any appearance of layering of soil. Contractor shall use a laser level or similar device to maintain grade lines. Contractor shall establish lines and grades for approval by COTR or designee. Grades shall conform to elevations to provide a smooth transition at curbs, trees, planters and uninterrupted drainage flow into existing drains, and to prevent any “scalping” of the new turfgrass when mowed.Contractor shall request COTR approval of lines and grades. Contractor will be responsible for any additional cut and/or fill required to ensure that the site is graded to conform to elevations as determined by the COTR.The areas within the drip lines of existing trees shall not be tilled at a depth greater than three inches or backfilled not to exceed two inches from existing grades, or as approved by the COTR. Any damage to tree roots must be avoided. Contractor shall protect all trees, shrubs and plants. Plant material damaged, weakened or killed during the renovation shall be replaced with its equivalent. Exceptions shall be approved by the COTR.Filling and Back filling: Do not fill/backfill until all foreign materials have been removed from the excavation. For fill and backfill use excavated materials and/ or Contractor furnished topsoil as applicable. Do not use unsuitable excavated materials (clay, sticks, rocks, concrete, plant material etc). Soil excavated from the work area may be acceptable, providing it meets the criteria as stated in section f. “Topsoil” below. (Note: Contractor may till killed grass and weed material back into the soil in place of removing from site. However, if this is done, the contractor shall be responsible for removing any and all weeds and grasses not of the same variety of that which was specified and approved for a period of 6 months.)Compaction: Compact with approved tamping rollers, sheepsfoot rollers, pneumatic tired rollers, steel wheeled rollers, or other approved equipment (hand or mechanized) well suited to soil being compacted. Do not operate mechanized vibratory compaction equipment, which may damage existing liners or caskets. The Contractor shall not operate trucks, tractors, and other heavy equipment in excess of five tons on any turf area except when authorized in writing by the COTR(s). Sub-terrain must be thoroughly tamped to prevent further sinkage but the soil must not be compacted to the degree that it prevents the growth of healthy turf. Topsoil: Topsoil shall be of uniform quality, natural, friable, and compatible in texture with the existing soil to prevent a perched water table. Topsoil shall be free of: foreign matter; objects larger than 15 mm. in any dimension; toxic substances; weed seeds, any material or substances that may be harmful to plant growth, and shall be of the proper PH to produce healthy, high quality turf. The Contractor is responsible for control of any weeds during the maintenance period. When used for fill to bring the area to the correct grade, proper soil management techniques shall be used to prevent excessive soil compaction and/or a perched water table that will result in poor turf growth. Apply Fertilizer, Final Grading: The area will be expertly graded and re-sodded to result in a uniform stand of turf, high quality in appearance. Fertilizer and any other soil amendments essential for healthy turf growth (The fertilizer /amendment application shall be high in phosphorous and provide no greater than 1 pound of Nitrogen and at least 1 pound of Phosphorous per 1,000 square feet. Typical analysis are 10-20-10, 5-20-10, 5-10-5 ) shall be roto-tilled into the soil to a depth of at least 3 inches to uniformly mix fertilizer, soil amendments and topsoil as part of the finish grading operation. Restore the soil to an even condition before laying sod by rolling with a standard turfgrass roller filled with water. Two applications of fertilizers are required, one prior to sod placement and one after the first mowing.The finished bed must be fine in texture and firmly compacted and free of any plant or other debris greater than ? inches. All irregularities in the finished surface shall be corrected to eliminate depressions and high spots. All finished topsoil areas shall be protected from damage from vehicular or pedestrian trafficThe Contractor shall Install and maintain erosion control and storm water pollution prevention material/methods to meet Federal, State, and local requirements. Comply with all applicable Federal, State, and local environmental laws and regulations.Valve boxes, sprinkler heads and related irrigation components are to be adjusted to the final plete turf renovation only after areas are brought to the final grade as approved by the COTR.Sod: Sod shall be produced from Blue Tag certified seed and State of California certified. The composition of the grass species in the sod shall be a mix of 95% Dwarf Fescue and 5% Bluegrass. The fescue shall be a blend of at least 3 regionally adapted cultivars. The sod shall be weed-free. Prior to delivery of sod, the COTR(s) shall inspect the work area. Any discrepancies in the ground preparation shall be corrected prior to the laying of sod in the work area. Prior to installation of the sod, the COTR shall have the right to inspect and to assess the acceptability and quality of the proposed sod. The COTR shall have the right to reject poor quality sod before installation. The contractor shall warranty the sod for one (1) year. The sod shall be cut as thinly as possible (1.25 to 1.5 inch) to allow for faster rooting and shall be cut and delivered to the work site the same day of installation. Contractor shall make all necessary arrangements to protect delivered sod from excessive drying and wind damage. Sod shall be laid expeditiously without interruption, until the work area is completely sodded. Sod shall be cut and fitted around all markers, headstones and other objects. Sod shall be laid with seams tightly matched, and then tamped lightly or rolled to ensure firm contact with the soil and no air gaps. Sod placement shall conform to the existing adjacent grade. On slopes, sod shall be laid perpendicular to the direction of the slope. Sod shall be kept moist until it is well rooted and able to survive with standard watering.Irrigation Systems: After installation of sod, Contractor shall ensure that all irrigation heads, control boxes, and related components are at finished grade, aligned correctly and in proper working order. Any damage to the irrigation system caused by the Contractor shall be repaired by the Contractor in a timely manner to prevent loss of sod at no cost to the Government. Installed Irrigation Systems: Cemetery personnel will test and demonstrate to the Contractor all irrigation systems and hardware prior to the start of work in any area. This inspection shall be documented in the weekly work report. The Contractor will remove store and cap the irrigation heads while work is in progress. The Contractor will replace irrigation heads at ground level consistent with finish grade and in correct alignment, make all adjustments, repairs or corrections required to complete the renovation; ensuring all irrigation lines are free of foreign matter and return the irrigation system and hardware to a level which will correctly water new and existing vegetation.Requests to Irrigate: Requests to irrigate newly placed sod, to include amount and frequency, must be made to and approved by the Cemetery Director, or her designee. Access to and programming of the irrigation control boxes will be performed by cemetery personnel at the direction of the Cemetery Director or designee. Contractor will not manually override the electronic irrigation control system unless specifically authorized to do so by the Cemetery Director, or her designee.Erosion, Particulate Matter Control and Storm Water Run Off: Contractor shall Install and maintain erosion control material/methods to meet Federal, State, and local requirements. Copies of these requirements may be reviewed by contacting the COTR(s). As necessary, the Contractor shall install measures including, but not limited to, sedimentation fences and protection of storm drain inlets. Contractor shall is solely responsible to meet with all Federal, State and local requirements for air quality, dust and particulate matter control. The Contractor is fully responsible for the control of any dust carried by the wind and will take the appropriate preventative measures.Turf Establishment Period: The Establishment Period for turf shall begin immediately after complete sodding of a section(s) with the approval of the COTR or designee, and continue for 30 days, at which time the Government will perform the final “turf inspection” and acceptance for that particular section(s).During the 30 days Turf Establishment Period, the Contractor shall: Eradicate all weeds. Fertilize, re-sod, and perform any other operation necessary to promote the growth of uniform, healthy, high quality turf. The Contractor shall irrigate to keep the sod moist and healthy to promote rooting but is also responsible to carefully conserve water.Replant areas void of turf 1/2 ft2 (one –half square foot) and larger in area. Begin mowing with newly sharpened mower blades when grass is 100 mm (4 inches) high to a height of 65 mm (21/2 inch to 3 inches) and maintain the turf at that height. Never remove more than 1/3 the leaf surface in a single mowing. Turf is also to be trimmed around the headstones and markers to the same height of the surrounding turf without scalping.Clean Up and Repair Of Damaged Areas:Upon completion of the work, the Contractor shall remove all debris, rubbish, and excess material from Cemetery Property. A temporary storage site shall be provided by the cemetery for short-term storage. Contractor may provide own storage container for tools, equipment, and materials purchased for performance on this contract. Storage container shall not exceed 22 ft in length and can only be placed where approved by COTR. At the end of each day the Contractor shall remove all debris from the work site to disposal areas. The Contractor shall ensure at all times that rubbish and trash generated by the Contractor is removed from paved areas and is kept clear of vehicular and pedestrian traffic throughout the site. The Contractor may not dispose of organic matter on site. The Contractor is fully responsible for disposal of debris. The Government shall not provide receptacle(s) for disposal of debris related to this contract. All unsuitable/unusable materials are to be disposed of off station.Contractors shall be responsible for cleaning any cemetery structures that are soiled or stained as a result of contractor’s performance. The Contractor shall wash-down with water all soiled or stained structures and grounds at the end of each workday. No chemicals are to be used during the wash down. The Contractor shall bear all costs associated with washing and cleaning. Any such soiled or stained areas shall be brought to the immediate attention of the COTR(s) prior to washing/cleaning.In areas where planting and turf work have been completed, clear the area of all debris, spoil piles, and containers. Clear all other paved areas when work in adjacent areas is completed. Remove all debris, rubbish and excess material from the Cemetery.The contractor and COTR(s) shall inspect the trees and shrubbery of a scheduled renovation area prior to the start of the renovation and note all abnormalities or existing conditions. Another inspection will be conducted after the completion of the renovation and the contractor will make all corrective actions to any noted damage. A licensed arborist will complete all corrective actions to damaged trees at the Contractor's expense.Where existing or new turf areas have been damaged or scarred during planting and construction operations, the Contractor shall restore disturbed area to their original condition.ATTACHMENT GMAP OF PHASE VIIA ATTACHMENT HCONTRACT DRAWINGSATTACHMENT IWD 05-2047 (Rev.-13) was first posted on on 06/19/2012************************************************************************************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.: 2005-2047Diane C. Koplewski Division of | Revision No.: 13Director Wage Determinations| Date Of Revision: 06/13/2012_______________________________________|____________________________________________State: CaliforniaArea: California Counties of Los Angeles, OrangeOCCUPATION NOTES:Heating, Air Conditioning and Refrigeration: Wage rates and fringe benefitscan be found on Wage Determinations 1986-0879.Laundry: Wage rates and fringe benefits can be found on Wage Determination1977-1297.____________________________________________________________________________________ **Fringe Benefits Required Follow the Occupational Listing**OCCUPATION CODE - TITLE FOOTNOTE RATE01000 - Administrative Support And Clerical Occupations 01011 - Accounting Clerk I 15.83 01012 - Accounting Clerk II 17.77 01013 - Accounting Clerk III 20.27 01020 - Administrative Assistant 28.08 01040 - Court Reporter 19.93 01051 - Data Entry Operator I 12.26 01052 - Data Entry Operator II 13.37 01060 - Dispatcher, Motor Vehicle 22.41 01070 - Document Preparation Clerk 13.75 01090 - Duplicating Machine Operator 13.75 01111 - General Clerk I 11.76 01112 - General Clerk II 14.92 01113 - General Clerk III 17.43 01120 - Housing Referral Assistant 21.90 01141 - Messenger Courier 11.45 01191 - Order Clerk I 16.98 01192 - Order Clerk II 18.53 01261 - Personnel Assistant (Employment) I 18.07 01262 - Personnel Assistant (Employment) II 20.20 01263 - Personnel Assistant (Employment) III 22.53 01270 - Production Control Clerk 23.51 01280 - Receptionist 14.51 01290 - Rental Clerk 16.83 01300 - Scheduler, Maintenance 17.39 01311 - Secretary I 17.39 01312 - Secretary II 19.45 01313 - Secretary III 21.90 01320 - Service Order Dispatcher 19.54 01410 - Supply Technician 26.82 01420 - Survey Worker 19.93 01531 - Travel Clerk I 14.72 01532 - Travel Clerk II 16.02 01533 - Travel Clerk III 17.21 01611 - Word Processor I 15.18 01612 - Word Processor II 16.87 01613 - Word Processor III 18.7605000 - Automotive Service Occupations 05005 - Automobile Body Repairer, Fiberglass 23.56 05010 - Automotive Electrician 22.18 05040 - Automotive Glass Installer 20.84 05070 - Automotive Worker 20.84 05110 - Mobile Equipment Servicer 19.16 05130 - Motor Equipment Metal Mechanic 23.56 05160 - Motor Equipment Metal Worker 20.84 05190 - Motor Vehicle Mechanic 23.56 05220 - Motor Vehicle Mechanic Helper 18.38 05250 - Motor Vehicle Upholstery Worker 20.40 05280 - Motor Vehicle Wrecker 20.84 05310 - Painter, Automotive 22.18 05340 - Radiator Repair Specialist 20.84 05370 - Tire Repairer 15.47 05400 - Transmission Repair Specialist 23.5607000 - Food Preparation And Service Occupations 07010 - Baker 12.28 07041 - Cook I 12.91 07042 - Cook II 14.31 07070 - Dishwasher 10.29 07130 - Food Service Worker 11.20 07210 - Meat Cutter 15.92 07260 - Waiter/Waitress 9.8509000 - Furniture Maintenance And Repair Occupations 09010 - Electrostatic Spray Painter 20.45 09040 - Furniture Handler 13.66 09080 - Furniture Refinisher 20.45 09090 - Furniture Refinisher Helper 16.30 09110 - Furniture Repairer, Minor 18.74 09130 - Upholsterer 20.4511000 - General Services And Support Occupations 11030 - Cleaner, Vehicles 11.76 11060 - Elevator Operator 11.76 11090 - Gardener 19.21 11122 - Housekeeping Aide 12.58 11150 - Janitor 14.04 11210 - Laborer, Grounds Maintenance 14.40 11240 - Maid or Houseman 10.16 11260 - Pruner 13.27 11270 - Tractor Operator 17.13 11330 - Trail Maintenance Worker 14.40 11360 - Window Cleaner 15.7712000 - Health Occupations 12010 - Ambulance Driver 17.82 12011 - Breath Alcohol Technician 17.82 12012 - Certified Occupational Therapist Assistant 26.38 12015 - Certified Physical Therapist Assistant 26.70 12020 - Dental Assistant 17.27 12025 - Dental Hygienist 38.39 12030 - EKG Technician 28.14 12035 - Electroneurodiagnostic Technologist 28.14 12040 - Emergency Medical Technician 17.82 12071 - Licensed Practical Nurse I 18.43 12072 - Licensed Practical Nurse II 20.68 12073 - Licensed Practical Nurse III 23.72 12100 - Medical Assistant 14.82 12130 - Medical Laboratory Technician 19.73 12160 - Medical Record Clerk 16.07 12190 - Medical Record Technician 18.53 12195 - Medical Transcriptionist 19.35 12210 - Nuclear Medicine Technologist 36.54 12221 - Nursing Assistant I 10.19 12222 - Nursing Assistant II 11.46 12223 - Nursing Assistant III 12.50 12224 - Nursing Assistant IV 14.03 12235 - Optical Dispenser 17.00 12236 - Optical Technician 15.71 12250 - Pharmacy Technician 17.83 12280 - Phlebotomist 14.03 12305 - Radiologic Technologist 25.24 12311 - Registered Nurse I 31.47 12312 - Registered Nurse II 38.49 12313 - Registered Nurse II, Specialist 38.49 12314 - Registered Nurse III 48.20 12315 - Registered Nurse III, Anesthetist 48.20 12316 - Registered Nurse IV 57.77 12317 - Scheduler (Drug and Alcohol Testing) 25.0913000 - Information And Arts Occupations 13011 - Exhibits Specialist I 24.83 13012 - Exhibits Specialist II 30.76 13013 - Exhibits Specialist III 37.63 13041 - Illustrator I 27.84 13042 - Illustrator II 34.51 13043 - Illustrator III 42.16 13047 - Librarian 31.80 13050 - Library Aide/Clerk 16.49 13054 - Library Information Technology Systems 28.71 Administrator 13058 - Library Technician 22.40 13061 - Media Specialist I 20.36 13062 - Media Specialist II 22.76 13063 - Media Specialist III 25.38 13071 - Photographer I 17.95 13072 - Photographer II 20.08 13073 - Photographer III 26.61 13074 - Photographer IV 33.56 13075 - Photographer V 40.61 13110 - Video Teleconference Technician 20.0814000 - Information Technology Occupations 14041 - Computer Operator I 17.82 14042 - Computer Operator II 19.93 14043 - Computer Operator III 22.89 14044 - Computer Operator IV 25.73 14045 - Computer Operator V 27.35 14071 - Computer Programmer I (see 1) 27.42 14072 - Computer Programmer II (see 1) 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 17.82 14160 - Personal Computer Support Technician 25.7315000 - Instructional Occupations 15010 - Aircrew Training Devices Instructor (Non-Rated) 34.73 15020 - Aircrew Training Devices Instructor (Rated) 42.03 15030 - Air Crew Training Devices Instructor (Pilot) 50.37 15050 - Computer Based Training Specialist / Instructor 34.73 15060 - Educational Technologist 36.09 15070 - Flight Instructor (Pilot) 50.37 15080 - Graphic Artist 26.72 15090 - Technical Instructor 25.70 15095 - Technical Instructor/Course Developer 31.47 15110 - Test Proctor 20.77 15120 - Tutor 20.7719000 - Machine Tool Operation And Repair Occupations 19010 - Machine-Tool Operator (Tool Room) 18.52 19040 - Tool And Die Maker 23.9521000 - Materials Handling And Packing Occupations 21020 - Forklift Operator 14.54 21030 - Material Coordinator 23.51 21040 - Material Expediter 23.51 21050 - Material Handling Laborer 13.02 21071 - Order Filler 13.31 21080 - Production Line Worker (Food Processing) 14.54 21110 - Shipping Packer 15.08 21130 - Shipping/Receiving Clerk 15.08 21140 - Store Worker I 11.53 21150 - Stock Clerk 17.13 21210 - Tools And Parts Attendant 14.54 21410 - Warehouse Specialist 14.5423000 - Mechanics And Maintenance And Repair Occupations 23010 - Aerospace Structural Welder 30.78 23021 - Aircraft Mechanic I 29.10 23022 - Aircraft Mechanic II 30.78 23023 - Aircraft Mechanic III 31.94 23040 - Aircraft Mechanic Helper 20.38 23050 - Aircraft, Painter 24.41 23060 - Aircraft Servicer 23.55 23080 - Aircraft Worker 24.58 23110 - Appliance Mechanic 20.11 23120 - Bicycle Repairer 15.47 23125 - Cable Splicer 32.84 23130 - Carpenter, Maintenance 27.67 23140 - Carpet Layer 21.12 23160 - Electrician, Maintenance 30.18 23181 - Electronics Technician Maintenance I 23.67 23182 - Electronics Technician Maintenance II 25.21 23183 - Electronics Technician Maintenance III 26.76 23260 - Fabric Worker 23.87 23290 - Fire Alarm System Mechanic 22.33 23310 - Fire Extinguisher Repairer 20.03 23311 - Fuel Distribution System Mechanic 25.94 23312 - Fuel Distribution System Operator 19.83 23370 - General Maintenance Worker 23.26 23380 - Ground Support Equipment Mechanic 29.10 23381 - Ground Support Equipment Servicer 23.55 23382 - Ground Support Equipment Worker 24.58 23391 - Gunsmith I 20.03 23392 - Gunsmith II 23.16 23393 - Gunsmith III 26.19 23430 - Heavy Equipment Mechanic 28.30 23440 - Heavy Equipment Operator 32.18 23460 - Instrument Mechanic 27.13 23465 - Laboratory/Shelter Mechanic 24.67 23470 - Laborer 12.49 23510 - Locksmith 20.69 23530 - Machinery Maintenance Mechanic 27.12 23550 - Machinist, Maintenance 25.41 23580 - Maintenance Trades Helper 14.82 23591 - Metrology Technician I 27.13 23592 - Metrology Technician II 28.74 23593 - Metrology Technician III 31.63 23640 - Millwright 25.45 23710 - Office Appliance Repairer 20.86 23760 - Painter, Maintenance 21.05 23790 - Pipefitter, Maintenance 25.74 23810 - Plumber, Maintenance 24.24 23820 - Pneudraulic Systems Mechanic 26.19 23850 - Rigger 26.81 23870 - Scale Mechanic 23.16 23890 - Sheet-Metal Worker, Maintenance 24.34 23910 - Small Engine Mechanic 18.70 23931 - Telecommunications Mechanic I 26.30 23932 - Telecommunications Mechanic II 27.86 23950 - Telephone Lineman 24.18 23960 - Welder, Combination, Maintenance 19.75 23965 - Well Driller 24.56 23970 - Woodcraft Worker 23.90 23980 - Woodworker 18.4924000 - Personal Needs Occupations 24570 - Child Care Attendant 13.05 24580 - Child Care Center Clerk 16.03 24610 - Chore Aide 10.57 24620 - Family Readiness And Support Services 16.03 Coordinator 24630 - Homemaker 19.2125000 - Plant And System Operations Occupations 25010 - Boiler Tender 27.59 25040 - Sewage Plant Operator 28.83 25070 - Stationary Engineer 27.59 25190 - Ventilation Equipment Tender 19.34 25210 - Water Treatment Plant Operator 28.8327000 - Protective Service Occupations 27004 - Alarm Monitor 23.77 27007 - Baggage Inspector 13.15 27008 - Corrections Officer 31.01 27010 - Court Security Officer 31.00 27030 - Detection Dog Handler 23.77 27040 - Detention Officer 31.01 27070 - Firefighter 29.97 27101 - Guard I 13.15 27102 - Guard II 23.77 27131 - Police Officer I 36.78 27132 - Police Officer II 40.8728000 - Recreation Occupations 28041 - Carnival Equipment Operator 12.76 28042 - Carnival Equipment Repairer 13.74 28043 - Carnival Equpment Worker 9.67 28210 - Gate Attendant/Gate Tender 14.16 28310 - Lifeguard 13.48 28350 - Park Attendant (Aide) 15.83 28510 - Recreation Aide/Health Facility Attendant 11.56 28515 - Recreation Specialist 19.61 28630 - Sports Official 12.61 28690 - Swimming Pool Operator 16.9729000 - Stevedoring/Longshoremen Occupational Services 29010 - Blocker And Bracer 23.42 29020 - Hatch Tender 23.42 29030 - Line Handler 23.42 29041 - Stevedore I 21.88 29042 - Stevedore II 24.9530000 - Technical Occupations 30010 - Air Traffic Control Specialist, Center (HFO) (see 2) 39.85 30011 - Air Traffic Control Specialist, Station (HFO) (see 2) 27.98 30012 - Air Traffic Control Specialist, Terminal (HFO) (see 2) 30.26 30021 - Archeological Technician I 22.52 30022 - Archeological Technician II 24.21 30023 - Archeological Technician III 34.46 30030 - Cartographic Technician 34.46 30040 - Civil Engineering Technician 30.78 30061 - Drafter/CAD Operator I 24.86 30062 - Drafter/CAD Operator II 27.81 30063 - Drafter/CAD Operator III 31.00 30064 - Drafter/CAD Operator IV 38.15 30081 - Engineering Technician I 19.68 30082 - Engineering Technician II 22.09 30083 - Engineering Technician III 24.70 30084 - Engineering Technician IV 30.60 30085 - Engineering Technician V 37.43 30086 - Engineering Technician VI 45.29 30090 - Environmental Technician 27.72 30210 - Laboratory Technician 23.13 30240 - Mathematical Technician 33.92 30361 - Paralegal/Legal Assistant I 21.83 30362 - Paralegal/Legal Assistant II 27.04 30363 - Paralegal/Legal Assistant III 33.08 30364 - Paralegal/Legal Assistant IV 40.03 30390 - Photo-Optics Technician 33.92 30461 - Technical Writer I 23.62 30462 - Technical Writer II 28.89 30463 - Technical Writer III 34.96 30491 - Unexploded Ordnance (UXO) Technician I 25.32 30492 - Unexploded Ordnance (UXO) Technician II 30.64 30493 - Unexploded Ordnance (UXO) Technician III 36.72 30494 - Unexploded (UXO) Safety Escort 25.32 30495 - Unexploded (UXO) Sweep Personnel 25.32 30620 - Weather Observer, Combined Upper Air Or (see 2) 30.42 Surface Programs 30621 - Weather Observer, Senior (see 2) 33.7931000 - Transportation/Mobile Equipment Operation Occupations 31020 - Bus Aide 13.63 31030 - Bus Driver 19.62 31043 - Driver Courier 13.27 31260 - Parking and Lot Attendant 9.39 31290 - Shuttle Bus Driver 14.48 31310 - Taxi Driver 13.23 31361 - Truckdriver, Light 14.48 31362 - Truckdriver, Medium 20.63 31363 - Truckdriver, Heavy 21.78 31364 - Truckdriver, Tractor-Trailer 21.7899000 - Miscellaneous Occupations 99030 - Cashier 12.13 99050 - Desk Clerk 12.65 99095 - Embalmer 23.19 99251 - Laboratory Animal Caretaker I 11.02 99252 - Laboratory Animal Caretaker II 12.08 99310 - Mortician 34.35 99410 - Pest Controller 15.19 99510 - Photofinishing Worker 16.36 99710 - Recycling Laborer 21.03 99711 - Recycling Specialist 24.67 99730 - Refuse Collector 18.76 99810 - Sales Clerk 17.13 99820 - School Crossing Guard 9.51 99830 - Survey Party Chief 37.97 99831 - Surveying Aide 21.26 99832 - Surveying Technician 27.95 99840 - Vending Machine Attendant 12.77 99841 - Vending Machine Repairer 15.42 99842 - Vending Machine Repairer Helper 12.77____________________________________________________________________________________ALL OCCUPATIONS LISTED ABOVE RECEIVE THE FOLLOWING BENEFITS:HEALTH & WELFARE: $3.71 per hour or $148.40 per week or $643.07 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) 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 JBUSINESS MANAGEMENT QUESTIONAIREINSTRUCTIONS: 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) no more than five (5) contracts for evaluation)(One contract reference per form, Form may be duplicated)NOTE: If you have performed any National Cemetery Administration contracts list them first.Contract Number: ___________________________________________________________Contractor (Name, Address, Zip Code & Telephone# & email address):________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________Type of Contract: ______________________________________________________Contract Dollar Value: __________________________________________________Date of Award: ________________________________________________________(If not completed, provide status):Type/Extent of Subcontracting:Complexity of Product/Service:Percentage of Work completed by your company:Description of supply/Service(s) provided, location & relevancy of work:Address, Telephone Number& E-mail of the Contract Person & their position:______________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________Name of Bank:__________________________________________________________________Address:________________________________________________________________Point of Contact:_________________________________________________________________Telephone:_______________________________________________________________ (End of Section)SECTION E - SOLICITATION PROVISIONSE.1 52.233-1 DISPUTES (JUL 2002) (a) This contract is subject to the Contract Disputes Act of 1978, as amended (41 U.S.C. 601-613). (b) Except as provided in the Act, all disputes arising under or related to this contract shall be resolved under this clause. (c) "Claim," as used in this clause, means a written demand or written assertion by one of the contracting parties seeking, as a matter of right, the payment of money in a sum certain, the adjustment or interpretation of contract terms, or other relief arising under or relating to this contract. However, a written demand or written assertion by the Contractor seeking the payment of money exceeding $100,000 is not a claim under the Act until certified. A voucher, invoice, or other routine request for payment that is not in dispute when submitted is not a claim under the Act. The submission may be converted to a claim under the Act, by complying with the submission and certification requirements of this clause, if it is disputed either as to liability or amount or is not acted upon in a reasonable time. (d)(1) A claim by the Contractor shall be made in writing and, unless otherwise stated in this contract, submitted within 6 years after accrual of the claim to the Contracting Officer for a written decision. A claim by the Government against the Contractor shall be subject to a written decision by the Contracting Officer. (2)(i) The Contractor shall provide the certification specified in paragraph (d)(2)(iii) of this clause when submitting any claim exceeding $100,000. (ii) The certification requirement does not apply to issues in controversy that have not been submitted as all or part of a claim. (iii) The certification shall state as follows: "I certify that the claim is made in good faith; that the supporting data are accurate and complete to the best of my knowledge and belief; that the amount requested accurately reflects the contract adjustment for which the Contractor believes the Government is liable; and that I am duly authorized to certify the claim on behalf of the Contractor." (3) The certification may be executed by any person duly authorized to bind the Contractor with respect to the claim. (e) For Contractor claims of $100,000 or less, the contracting Officer must, if requested in writing by the Contractor, render a decision within 60 days of the request. For Contractor-certified claims over $100,000, the Contracting Officer must, within 60 days, decide the claim or notify the Contractor of the date by which the decision will be made. (f) The Contracting Officer's decision shall be final unless the contractor appeals or files a suit as provided in the Act. (g) If the claim by the Contractor is submitted to the Contracting Officer or a claim by the Government is presented to the Contractor, the parties, by mutual consent, may agree to use alternative dispute resolution (ADR). If the Contractor refuses an offer for ADR, the Contractor shall inform the Contracting Officer, in writing, of the Contractor's specific reasons for rejecting the offer. (h) The Government shall pay interest on the amount found due and unpaid from (1) the date that the Contracting Officer receives the claim (certified, if required); or (2) the date that payment otherwise would be due, if that date is later, until the date of payment. With regard to claims having defective certifications, as defined in (FAR) 48 CFR 33.201, interest shall be paid from the date that the Contracting Officer initially receives the claim. Simple interest on claims shall be paid at the rate, fixed by the Secretary of the Treasury as provided in the ACT, which is applicable to the period during which the Contracting Officer receives the claim and then at the rate applicable for each 6-month period as fixed by the Treasury Secretary during the pendency of the claim. (i) The Contractor shall proceed diligently with performance of this contract, pending final resolution of any request for relief, claim, appeal, or action arising under the contract, and comply with any decision of the Contracting Officer.(End of Clause)E.2 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: Hand-Carried Address: Department of Veterans Affairs NCA Contracting Service 75 Barrett Heights Rd. Suite 309 Stafford VA 22556 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.3 52.243-1 CHANGES--FIXED-PRICE (AUG 1987) ALTERNATE I (APR 1984) (a) The Contracting Officer may at any time, by written order, and without notice to the sureties, if any, make changes within the general scope of this contract in any one or more of the following: (1) Description of services to be performed. (2) Time of performance (i.e., hours of the day, days of the week, etc.). (3) Place of performance of the services. (b) If any such change causes an increase or decrease in the cost of, or the time required for, performance of any part of the work under this contract, whether or not changed by the order, the Contracting Officer shall make an equitable adjustment in the contract price, the delivery schedule, or both, and shall modify the contract. (c) The Contractor must assert its right to an adjustment under this clause within 30 days from the date of receipt of the written order. However, if the Contracting Officer decides that the facts justify it, the Contracting Officer may receive and act upon a proposal submitted before final payment of the contract. (d) If the Contractor's proposal includes the cost of property made obsolete or excess by the change, the Contracting Officer shall have the right to prescribe the manner of the disposition of the property. (e) Failure to agree to any adjustment shall be a dispute under the Disputes clause. However, nothing in this clause shall excuse the Contractor from proceeding with the contract as changed.(End of Clause)E.4 52.243-4 CHANGES (JUNE 2007) (a) The Contracting Officer may, at any time, without notice to the sureties, if any, by written order designated or indicated to be a change order, make changes in the work within the general scope of the contract, including changes-- (1) In the specifications (including drawings and designs); (2) In the method or manner of performance of the work; (3) In the Government-furnished property or services; or (4) Directing acceleration in the performance of the work. (b) Any other written or oral order (which, as used in this paragraph (b), includes direction, instruction, interpretation, or determination) from the Contracting Officer that causes a change shall be treated as a change order under this clause; Provided, that the Contractor gives the Contracting Officer written notice stating-- (1) The date, circumstances, and source of the order; and (2) That the Contractor regards the order as a change order. (c) Except as provided in this clause, no order, statement, or conduct of the Contracting Officer shall be treated as a change under this clause or entitle the Contractor to an equitable adjustment. (d) If any change under this clause causes an increase or decrease in the Contractor's cost of, or the time required for, the performance of any part of the work under this contract, whether or not changed by any such order, the Contracting Officer shall make an equitable adjustment and modify the contract in writing. However, except for an adjustment based on defective specifications, no adjustment for any change under paragraph (b) of this clause shall be made for any costs incurred more than 20 days before the Contractor gives written notice as required. In the case of defective specifications for which the Government is responsible, the equitable adjustment shall include any increased cost reasonably incurred by the Contractor in attempting to comply with the defective specifications. (e) The Contractor must assert its right to an adjustment under this clause within 30 days after (1) receipt of a written change order under paragraph (a) of this clause or (2) the furnishing of a written notice under paragraph (b) of this clause, by submitting to the Contracting Officer a written statement describing the general nature and amount of proposal, unless this period is extended by the Government. The statement of proposal for adjustment may be included in the notice under paragraph (b) of this clause. (f) No proposal by the Contractor for an equitable adjustment shall be allowed if asserted after final payment under this contract.(End of Clause)E.5 52.237-1 SITE VISIT (APR 1984) Offerors or quoters are urged and expected to inspect the site where services are to be performed and to satisfy themselves regarding all general and local conditions that may affect the cost of contract performance, to the extent that the information is reasonably obtainable. In no event shall failure to inspect the site constitute grounds for a claim after contract award.(End of Provision)E.6 52.249-8 DEFAULT (FIXED-PRICE SUPPLY AND SERVICE) (APR 1984) (a) (1) The Government may, subject to paragraphs (c) and (d) below, by written notice of default to the Contractor, terminate this contract in whole or in part if the Contractor fails to-- (i) Deliver the supplies or to perform the services within the time specified in this contract or any extension; (ii) Make progress, so as to endanger performance of this contract (but see subparagraph (a)(2) below); or (iii) Perform any of the other provisions of this contract (but see subparagraph (a)(2) below). (2) The Government's right to terminate this contract under subdivisions (1)(ii) and (1)(iii) above, may be exercised if the Contractor does not cure such failure within 10 days (or more if authorized in writing by the Contracting Officer) after receipt of the notice from the Contracting Officer specifying the failure. (b) If the Government terminates this contract in whole or in part, it may acquire, under the terms and in the manner the Contracting Officer considers appropriate, supplies or services similar to those terminated, and the Contractor will be liable to the Government for any excess costs for those supplies or services. However, the Contractor shall continue the work not terminated. (c) Except for defaults of subcontractors at any tier, the Contractor shall not be liable for any excess costs if the failure to perform the contract arises from causes beyond the control and without the fault or negligence of the Contractor. Examples of such causes include (1) acts of God or of the public enemy, (2) acts of the Government in either its sovereign or contractual capacity, (3) fires, (4) floods, (5) epidemics, (6) quarantine restrictions, (7) strikes, (8) freight embargoes, and (9) unusually severe weather. In each instance the failure to perform must be beyond the control and without the fault or negligence of the Contractor. (d) If the failure to perform is caused by the default of a subcontractor at any tier, and if the cause of the default is beyond the control of both the Contractor and subcontractor, and without the fault or negligence of either, the Contractor shall not be liable for any excess costs for failure to perform, unless the subcontracted supplies or services were obtainable from other sources in sufficient time for the Contractor to meet the required delivery schedule. (e) If this contract is terminated for default, the Government may require the Contractor to transfer title and deliver to the Government, as directed by the Contracting Officer, any (1) completed supplies, and (2) partially completed supplies and materials, parts, tools, dies, jigs, fixtures, plans, drawings, information, and contract rights (collectively referred to as "manufacturing materials" in this clause) that the Contractor has specifically produced or acquired for the terminated portion of this contract. Upon direction of the Contracting Officer, the Contractor shall also protect and preserve property in its possession in which the Government has an interest. (f) The Government shall pay contract price for completed supplies delivered and accepted. The Contractor and Contracting Officer shall agree on the amount of payment for manufacturing materials delivered and accepted and for the protection and preservation of the property. Failure to agree will be a dispute under the Disputes clause. The Government may withhold from these amounts any sum the Contracting Officer determines to be necessary to protect the Government against loss because of outstanding liens or claims of former lien holders. (g) If, after termination, it is determined that the Contractor was not in default, or that the default was excusable, the rights and obligations of the parties shall be the same as if the termination had been issued for the convenience of the Government. (h) The rights and remedies of the Government in this clause are in addition to any other rights and remedies provided by law or under this contract.(End of Clause)E.7 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.8 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)E.9 52.212-2 EVALUATION--COMMERCIAL ITEMS (JAN 1999)a)The Government will award a contract resulting from this solicitation to the responsible offeror whose offer conforming to the solicitation will be most advantageous to the Government, price other factors considered: The following factors shall be used To evaluate offers: In the relative order of importance of the evaluation factors, such as in descending order of importance. 1.Technical Capability2. Past performance3. Price Technical capability and past performance, when combined, are significantly more important than price. (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). The Government may also determine to award without a base period, just for an option year, for several option years, or any other combination deemed most advantageous to the Government. (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) Supplemental to 52.212-2 Evaluation- Commercial Items More of the below requested information that you provide, the better we will be able to evaluate your company. Technical Capabilities: Offers will be considered only from offerors who are regularly established in the business called for and who are financially responsible and have the necessary equipment and personnel to furnish the supplies and services required under this contract. In addition to any other evaluation criteria specified elsewhere in the solicitation - Offerors shall provide the following technical information with their proposals: (i) Work Plan. (ii) Staffing Plan. (iii) Proposed Man Hours.(iv) Methodology. (v) List of Equipment / Vehicles to be used in performance of contract.(vi) Licenses, Permits & Insurance Information. (vii) Information on Key Personnel to include relevant experience. (viii)Identification of any sub-contractor(s) used in performance of the contract. (ix) Experience of company and/or sub-contractor in performing the work involved. (x)Information regarding Mitigation of Environment IssuesPlease provide any additional information that will assist in understanding your plan/approach, superiority in providing services, or make you stand out from the rest, e.g., accolades, awards, write-ups, articles, etc. Offerors are encouraged to provide plans for evaluation that provide substance, not just generic statements, e.g., a generic statement would be “the contractor will abide by all contract requirements”. A substantive statement would indicate who/what/where/when/how you would do that. The list above is not intended to be all inclusive. It is intended to give offerors some idea of what should be provided for evaluation. It is not intended to write your plan for you. Other factors that can be reasonably inferred from the requirements may also be considered, e.g., if brand name or equal is identified, or if specific methods are requested. The government would expect that potential offerors would know enough to address those areas without having to be told to do so. If you fail to provide sufficient information in your proposal for a competitive evaluation, your proposal may be deemed non-responsive. Past Performance: Provide at least three references/referrals, with accurate POC information, of similar or like type projects in scope, size, and pricing (e.g., Scope – the type of work this project is asking for, headstone realign, turf replacement, irrigation systems, etc; Size - approximately the number of eachs as this project is asking for; Price – approximately the same price or better as offeror’s estimate for this project). Offerors shall also provide the number of projects they are currently working on for NCA, with the corresponding Contracting Officer’s name, telephone and contract information. Referrals that are not like type will be rated lower than referrals more closely related to this project. Experiences with prior cemetery work will be given greater consideration as well as contracts that are comparable in all three areas, pricing, size and scope. Offerors are encouraged to submit referrals that specifically address experiences with cemeteries, and the particular type of work/s specifically requested in this solicitation. Contact information provided with referrals must be reachable by telephone or email. The Government will not research contact numbers or emails. If a referral cannot be reached with the information provided, offeror will not get credit for that referral, i.e., wrong number, company does not exist, never heard of the project, phone disconnected, email address not recognized or undeliverable, etc. At least three reachable references must be submitted. Additionally, the Government expects referrals to fall close to the Government’s cost Estimate (GCE) or the offer’s own estimate for the project. Referrals significantly below the GCE or the offer’s own estimate will be considered non responsive. E.g., if the GCE or the offer’s bid is for $500,000.00, the Government will not accept referrals for a project for $30,000.00. That is too large a gap and indicates that the offeror may not have the experience, level, or have completed a project of such a size to justify or warrant such a jump in magnitude. If the project is to raise/realign headstones, providing past performance in just cutting grass is also not sufficient. Offerors are to provide a list of the subs they commonly use on their projects. This is an evaluation item and you will get no credit in this area if this is not provided. Also offerors are to provide contact information on any active or pending assignment of claims or factoring agreements. Price: Provide a breakdown of your pricing and the pricing methodology you used. Include any assumptions made with your bid. Just providing a figure will not be enough. A low ball price and/or pricing with no breakdown will be considered an inferior offer and deemed non responsive. The Government needs to know the method used in arriving at your figures. The lowest bidder will not necessarily get this award. This is not an Invitation For Bid (IFB). Just providing a price with no substantial information on pricing and/or capabilities and/or performance will result in an inferior proposal and may be considered non responsive. The Government will not consider offers that are considerably too low or too high. Pricing may be compared against the Government Cost Estimate (GCE) or against the average mean of the offers received to arrive at a competitive range in determining too low/too high offers. Also, if a wage rate is included with this solicitation, provide the propose wages you will be paying on this project to compare against the wage rate. You can provide this as a range if you do not want to list direct wages. Wage rates only apply to hourly employees, not salary employees; but you cannot convert a traditionally hourly employee to a salary employee to avoid the wage rate. A copy of your D&B Comprehensive Report will also be used to evaluate the financial health of your company and the sufficiency of your offer. All offerors shall be subject to receive a review of their most recent Dun and Bradstreet ( D&B) report for all acquisitions in access of $25,000.00 and in accordance with Department of Veterans Affairs IL 049-08-03 dated April 11, 2008. If the offeror’s D&B report reflects a Supplier Evaluation Risk Score of “7” or higher, which represents an unacceptable risk to the Government, the offeror may be eliminated from competition. During evaluation, all offers will first be reviewed for pricing. If the Government receives sufficient competition within the GCE, then all offers above the GCE will be considered outside of the competitive range and will be removed from competition. All offers significantly below the GCE will also be considered for elimination from the competitive range. If prices are compared to the mean vs. the GCE, then prices around one standard deviation above and below the mean will be considered outside of the competitive range. All remaining offers will then be reviewed for pass performance. If less than three acceptable referrals are received, and/or referrals are for projects significantly lower than the proposed project, and/or the type of work performed is not comparative to the project proposed, then that offer may be considered for removal or evaluated lower. All remaining offers will then be forwarded for reviewed for technical capabilities and past performances. Bonding: The Government retains the right to ask for bonding (bid, performance, payment) if it is determined to be necessary to address Government concerns. In such cases, the Government will reimburse 100% of the bonding price. Failure to receive or qualify for bonding will result in removal from further consideration for award. The D & B comprehensive Report will be one of the tools used to determine if bonding should be required due to the business financial stress score/summary. Failure to obtain bonding within a reasonable time will result in withdrawal of award and discussion with the next best offer. If bonding is not required, the prime is required to notify all sub contractors that there is no bonding on the contract. Offerors shall also provide a copy of their insurance with bid proposal, as well as proof of registration as viable Service Disable Veteran Owned Small Businesses (SDVOSB), or any other designation this action is set aside for. The Government retains the right to award without discussions. Therefore offerors are encouraged to provide their best proposals with the materials requested for evaluation. The Government, based on the material presented, will award to the proposal that best demonstrates to be most advantageous for the Government.SDVOSB If this is set-aside for Service Disable Veteran Small Business, Please submit proof that you are a SDVOSB. If you are certified at Vetbiz as a SDVOSB, that is considered sufficient proof. If you are not certified, but listed as a SDVOSB, then you must meet the requirements of a SDVOSB. Just listing your company as 51% owned by a disable veteran is not sufficient. The veteran must be involved in control as well. This means that management and daily business operations must be conducted by the veteran, or the veteran has ultimate managerial and supervisory control of the business. This area will be checked prior to award and if you are not certified, or cannot demonstrate that the veteran has control, you will be removed from competition. Lastly, to address potential lost, delayed, or mis-delivered offers, please call or email me no more than 2 days pass 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 delays the review process. Giving me an early notice provides time to properly address this situation by researching and locating all timely offers. (End of Provision)E.10 52.209-9 UPDATES OF PUBLICLY AVAILABLE INFORMATION REGARDING RESPONSIBILITY MATTERS (FEB 2012) (a) The Contractor shall update the information in the Federal Awardee Performance and Integrity Information System (FAPIIS) on a semi-annual basis, throughout the life of the contract, by posting the required information in the Central Contractor Registration database via . (b) As required by section 3010 of the Supplemental Appropriations Act, 2010 (Pub. L. 111-212), all information posted in FAPIIS on or after April 15, 2011, except past performance reviews, will be publicly available. FAPIIS consists of two segments-- (1) The non-public segment, into which Government officials and the Contractor post information, which can only be viewed by-- (i) Government personnel and authorized users performing business on behalf of the Government; or (ii) The Contractor, when viewing data on itself; and (2) The publicly-available segment, to which all data in the non-public segment of FAPIS is automatically transferred after a waiting period of 14 calendar days, except for-- (i) Past performance reviews required by subpart 42.15; (ii) Information that was entered prior to April 15, 2011; or (iii) Information that is withdrawn during the 14-calendar-day waiting period by the Government official who posted it in accordance with paragraph (c)(1) of this clause. (c) The Contractor will receive notification when the Government posts new information to the Contractor's record. (1) If the Contractor asserts in writing within 7 calendar days, to the Government official who posted the information, that some of the information posted to the nonpublic segment of FAPIIS is covered by a disclosure exemption under the Freedom of Information Act, the Government official who posted the information must within 7 calendar days remove the posting from FAPIIS and resolve the issue in accordance with agency Freedom of Information procedures, prior to reposting the releasable information. The contractor must cite 52.209-9 and request removal within 7 calendar days of the posting to FAPIIS. (2) The Contractor will also have an opportunity to post comments regarding information that has been posted by the Government. The comments will be retained as long as the associated information is retained, i.e., for a total period of 6 years. Contractor comments will remain a part of the record unless the Contractor revises them. (3) As required by section 3010 of Pub. L. 111-212, all information posted in FAPIIS on or after April 15, 2011, except past performance reviews, will be publicly available. (d) Public requests for system information posted prior to April 15, 2011, will be handled under Freedom of Information Act procedures, including, where appropriate, procedures promulgated under E.O. 12600. (End of Clause)E.11 52.209-7 INFORMATION REGARDING RESPONSIBILITY MATTERS (FEB 2012) (a) Definitions. As used in this provision-- "Administrative proceeding" means a non-judicial process that is adjudicatory in nature in order to make a determination of fault or liability (e.g., Securities and Exchange Commission Administrative Proceedings, Civilian Board of Contract Appeals Proceedings, and Armed Services Board of Contract Appeals Proceedings). This includes administrative proceedings at the Federal and State level but only in connection with performance of a Federal contract or grant. It does not include agency actions such as contract audits, site visits, corrective plans, or inspection of deliverables. "Federal contracts and grants with total value greater than $10,000,000" means-- (1) The total value of all current, active contracts and grants, including all priced options; and (2) The total value of all current, active orders including all priced options under indefinite-delivery, indefinite-quantity, 8(a), or requirements contracts (including task and delivery and multiple-award Schedules). "Principal" means an officer, director, owner, partner, or a person having primary management or supervisory responsibilities within a business entity (e.g., general manager; plant manager; head of a division or business segment; and similar positions). (b) The offeror [ ] has [ ] does not have current active Federal contracts and grants with total value greater than $10,000,000. (c) If the offeror checked "has" in paragraph (b) of this provision, the offeror represents, by submission of this offer, that the information it has entered in the Federal Awardee Performance and Integrity Information System (FAPIIS) is current, accurate, and complete as of the date of submission of this offer with regard to the following information: (1) Whether the offeror, and/or any of its principals, has or has not, within the last five years, in connection with the award to or performance by the offeror of a Federal contract or grant, been the subject of a proceeding, at the Federal or State level that resulted in any of the following dispositions: (i) In a criminal proceeding, a conviction. (ii) In a civil proceeding, a finding of fault and liability that results in the payment of a monetary fine, penalty, reimbursement, restitution, or damages of $5,000 or more. (iii) In an administrative proceeding, a finding of fault and liability that results in-- (A) The payment of a monetary fine or penalty of $5,000 or more; or (B) The payment of a reimbursement, restitution, or damages in excess of $100,000. (iv) In a criminal, civil, or administrative proceeding, a disposition of the matter by consent or compromise with an acknowledgment of fault by the Contractor if the proceeding could have led to any of the outcomes specified in paragraphs (c)(1)(i), (c)(1)(ii), or (c)(1)(iii) of this provision. (2) If the offeror has been involved in the last five years in any of the occurrences listed in (c)(1) of this provision, whether the offeror has provided the requested information with regard to each occurrence. (d) The offeror shall post the information in paragraphs (c)(1)(i) through (c)(1)(iv) of this provision in FAPIIS as required through maintaining an active registration in the Central Contractor Registration database via (see 52.204-7).(End of Provision)E.12 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); (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 subdivision (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. Sec. 6212, which entitles the taxpayer to seek Tax Court review of a proposed tax deficiency. This is not a delinquent tax because it is not a final tax liability. Should the taxpayer seek Tax Court review, this will not be a final tax liability until the taxpayer has exercised all judicial appeal rights. (ii) The IRS has filed a notice of Federal tax lien with respect to an assessed tax liability, and the taxpayer has been issued a notice under I.R.C. Sec. 6320 entitling the taxpayer to request a hearing with the IRS Office of Appeals contesting the lien filing, and to further appeal to the Tax Court if the IRS determines to sustain the lien filing. In the course of the hearing, the taxpayer is entitled to contest the underlying tax liability because the taxpayer has had no prior opportunity to contest the liability. This is not a delinquent tax because it is not a final tax liability. Should the taxpayer seek tax court review, this will not be a final tax liability until the taxpayer has exercised all judicial appeal rights. (iii) The taxpayer has entered into an installment agreement pursuant to I.R.C. Sec. 6159. The taxpayer is making timely payments and is in full compliance with the agreement terms. The taxpayer is not delinquent because the taxpayer is not currently required to make full payment. (iv) The taxpayer has filed for bankruptcy protection. The taxpayer is not delinquent because enforced collection action is stayed under 11 U.S.C. 362 (the Bankruptcy Code). (ii) The Offeror has [ ] has not [ ], within a 3-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.13 52.225-25 PROHIBITION ON CONTRACTING WITH ENTITIES ENGAGING IN SANCTIONED ACTIVITIES RELATING TO IRAN-- REPRESENTATION AND CERTIFICATION (NOV 2011) (a) Definitions. As used in this provision-- "Person"-- (1) Means-- (i) A natural person; (ii) A corporation, business association, partnership, society, trust, financial institution, insurer, underwriter, guarantor, and any other business organization, any other nongovernmental entity, organization, or group, and any governmental entity operating as a business enterprise; and (iii) Any successor to any entity described in paragraph (1)(ii) of this definition; and (2) Does not include a government or governmental entity that is not operating as a business enterprise. "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)). (b) The offeror shall email questions concerning sensitive technology to the Department of State at CISADA106@. (c) Except as provided in paragraph (d) of this provision or if a waiver has been granted in accordance with 25.703-4, by submission of its offer, the offeror-- (1) 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; and (2) 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. These sanctioned activities are in the areas of development of the petroleum resources of Iran, production of refined petroleum products in Iran, sale and provision of refined petroleum products to Iran, and contributing to Iran's ability to acquire or develop certain weapons or technologies. (d) Exception for trade agreements. The representation requirement of paragraph (c)(1) and the certification requirement of paragraph (c)(2) of this provision do not apply if-- (1) This solicitation includes a trade agreements notice or certification (e.g., 52.225-4, 52.225-6, 52.225-12, 52.225-24, or comparable agency provision); and (2) The offeror has certified that all the offered products to be supplied are designated country end products or designated country construction material.(End of Provision) ................
................

In order to avoid copyright disputes, this page is only a partial summary.

Google Online Preview   Download