SOA_201900352_-_Pest_Control_Services.pdf

Board of Governors of the Federal Reserve System Solicitation, Offer, and Award ZZZZZ

SOA (v. 07/10/2018)

SOLICITATION, OFFER, AND AWARD

201900352

Offerors:

The Board of Governors of the Federal Reserve System hereby issues this Solicitation, Offer, and Award (Solicitation) to provide pest control services as described in Section C, the Statement of Work.

Pertinent dates associated with this Solicitation are:

Release of SOA: July 15, 2019

Walkthrough: August 6-8, 2019 TBD (estimated to last 4 hours)

NOTE: Offerors that respond with an intent to bid by July 26, 2019 will be invited to the walkthrough.

Closing date for inquiries: August 16, 2019

Submission of proposals: September 13, 2019

2:00 p.m. Washington, DC, time

(NOTE: This procurement opportunity is a set aside for small businesses only.)

Questions pertaining to this Solicitation may be directed to me via email at:

Helen.H.Nguyen@frb.gov

Sincerely, Helen Nguyen Contract Specialist

Procurement Section Division of Financial Management

Solicitation, Offer, and Award 201900352

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Please see attached SOA form

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SECTION B

PRICE PROPOSAL FORM

B.1 SERVICES TO BE PROVIDED

Offerors shall submit in their proposals the prices to provide pest control services set forth in Section C, the Statement of Work, of this Solicitation. Offerors shall use the forms included in this Section B when submitting their Cost/Price Proposals.

B.2 FIRM-FIXED PRICE

Offerors shall use the attached cost proposal template to submit firm-fixed rates for the labor and non-labor categories. Under this Contract, the firm-fixed rates submitted in the Cost/Price Proposal shall apply. The Board will not be subject to any additional fees or penalties, including (but not limited to) any fees or penalties associated with any hiring of Contractor personnel pursuant to a publicly available job announcement.

B.3 [RESERVED]

B.4 PAYMENT OF PREVAILING WAGE: SERVICE CONTRACT ACT

The Contractor and all of its subcontractors shall pay the prevailing wages that are applicable for Washington, DC. The Contractor shall:

• Pay its workers wages that meet the minimum wages set forth in the applicable Wage Determination from the US Department of Labor which lists prevailing wages and fringe benefits for service contracts for Washington, DC. The applicable Wage Determination shall be that which is current at the time of Contract award or, when an option period is exercised, adjusted to the rate applicable at the time the option period is exercised. For information purposes, the Board has identified Wage Determination No. 15-4281, Revision No. 13 as applicable at the time of Solicitation issuance (see attached).

• Incorporate in all contracts with subcontractors a provision that the subcontractor shall pay those wages specified in the applicable Wage Determination (including any applicable adjustment for exercised options), and

• Assist the Board in determining any applicable wage decision for wages not included in Wage Determination No. 15-4281, Revision No. 13, or the applicable Wage Determination current at the time of Contract award or option period exercised.

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Please use attached price form

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SECTION C

STATEMENT OF WORK

C.1 BACKGROUND

The Board of Governors of the Federal Reserve System (Board) is seeking a qualified Contractor to provide and implement an Integrated Pest Management (IPM) program.

The Contractor shall implement the IPM program at the following facilities:

1.1 Board Owned Facilities:

1.1.1 20th and Constitution Avenue, NW, Washington, DC 20551 (Eccles)

1.1.2 20th and Constitution Avenue, NW, Washington, DC 20551 (Martin)

1.1.3 Constitution Avenue to 21st Street, along Virginia Avenue (Martin Parks)

1.1.4 21st and Constitution Avenue, NW, Washington, DC 20551 (North

Garage)

1.1.5 1951 Constitution Avenue, NW, Washington, DC 20551 (1951)

1.1.6 1709 New York Avenue, NW, Washington, DC 20006 (NYA)

1.2 Leased Spaces:

1.2.1 8420 Westphalia Road, Upper Marlboro, MD (Warehouse)

1.2.2 8420 Westphalia Road, Upper Marlboro, MD (LEU Training Center)

C.2. SCOPE OF WORK

The goal of IPM is to deliver effective pest control while at the same time reducing the volume and toxicity of pesticides used and human and environmental exposure to pesticides. IPM is a process for achieving long term, environmentally sound pest control through the use of a wide variety of technological and management practices. Control techniques in an IPM program include a combination of pest monitoring, good sanitation practices, education, appropriate solid waste management, building maintenance, alternative physical, mechanical, and biological pest control, and the use of pesticides when warranted. The control techniques shall be according to a predetermined hierarchy of pest management choices, formulations, and application techniques, which will minimize the exposure and potential risk to people and the environment.

2.1 General Services:

2.1.1 The Contractor shall furnish all supervision, labor, materials and equipment necessary to accomplish the surveillance, trapping, and pesticide application components of the IPM program. The Contractor shall also provide detailed, site-specific recommendations for structural and procedural modifications necessary to achieve pest prevention.

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Perform comprehensive inspections of Board facilities and create a customized pest control plan for the interior and exterior of our facility that effectively targets all common pests and rodents, throughout the duration of the Contract.

2.1.2 The Contractor shall complete all inspections and treatments with and without pesticides on Monday, Wednesday and Friday of every week at Eccles and NYA buildings.

2.1.3 The Contractor shall complete all inspections and treatments with and without pesticides at the Martin building commencing in January 2021, as it is currently under renovation. Treatment is expected to begin on or about January 2021, pending completion of construction and shall occur Monday, Wednesday and Friday of every week.

2.1.4 The Contractor shall complete all inspections and treatments with and without pesticides on the second and fourth Monday of each month at the 1951 building as it is currently unoccupied. The 1951 building is tentatively scheduled for full renovation commencing in January 2021, at which time all inspections and treatment shall stop. The Contractor will be notified in writing of the actual date to suspend treatments of the 1951 building once final renovation schedules are solidified.

2.1.5 The Contractor shall complete all inspections and treatments with and without pesticides on Wednesday of every week at the LEU Training Center and Warehouse buildings.

2.1.6 The Contractor shall complete inspections and treatments with and without pesticides on Monday, Wednesday and Friday of every week at all parking garages and exterior grounds for Eccles, Martin, North Garage, 1951, and NYA.

2.1.6.1 Building Rentable Square Footage

2.1.6.1.1 Eccles 188,848 SQFT

2.1.6.1.2 Martin 570,000 SQFT

2.1.6.1.3 1951 111,000 SQFT

2.1.6.1.4 NYA 179,043 SQFT

2.1.6.1.5 Warehouse 32,732 SQFT

2.1.6.1.6 LEU Training Center 11,752 SQFT

2.2 Pests Included and Excluded

2.2.1 The Contractor shall adequately suppress indoor populations of rats, mice, cockroaches, ants (including carpenter ants as occasional invaders), SOA (v. 07/10/2018) Page 7 of 87 winged termite swarmers emerging indoors, incidental/occasional invaders entering from out-of-doors, flies, bees and other arthropod pests not specifically excluded from the contract. Populations of these pests that are located immediately outside of the specified buildings and pose a possible infestation problem to the specified buildings or occupied structures around the building are included in this Contract.

2.2.2 Populations of the following pests will be considered special services, separate from the specifications of this Contract:

• Birds, bats, snakes and all other vertebrates other than commensal rodents; termites, carpenter ants nesting within structures and other wood-destroying organisms

• Mosquitoes and other free flying insects originating out of doors

• Pests that primarily feed on outdoor vegetation

• Fleas and ticks

• Bed Bugs

2.2.3 The Contractor shall provide firm fixed pricing for the following pest control services as part of the proposal for use by the Contracting Officer’s Representative (COR) on an as needed basis. These services are based on treated area (SQFT) for mosquitoes and per treated nesting location for bees:

• Mosquitoes

• Bees

2.3 Initial Inspection

2.3.1 The Contractor shall conduct a thorough, initial inspection of each building and the surrounding site within one week of contract award. The purpose of the initial inspection is for the Contractor to identify problem areas and any equipment, structural features, or management practices that are contributing to pest infestations. The initial inspection shall be conducted by a certified commercial supervisory applicator employed by the Contractor.

2.3.2 Access to building space shall be coordinated with the COR. The COR will inform the Contractor of any restrictions or areas requiring special scheduling.

2.4 Pest Control Plan

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2.4.1 Prior to initiation of services, the Contractor shall submit to the COR a Pest Control Plan for each facility/site within five (5) working days following the initial inspection. Upon receipt of the Pest Control Plan, the COR will render a decision regarding its acceptability within two (2) working days.

2.4.2 The Contractor shall be onsite to initiate services within an agreed upon number of working days following notice of approval. If aspects of the Pest Control Plan are incomplete or disapproved, the Contractor shall have two (2) working days to submit revisions.

2.4.3 The Pest Control Plan shall consist of five (5) parts:

2.4.3.1 Proposed methods for control, including labels and Safety Data sheets (SDS sheets) for all pesticides to be used. A list of types of rodent bait boxes, insect and rodent trapping devices, pest-monitoring devices, and any other control devices or equipment should also be included.

2.4.3.2 A proposed pest population level referred to as a predetermined tolerance threshold, if thresholds exist for the targeted pest

2.4.3.3 A service schedule for each building or site

a. Minimum acceptable service schedule is three (3) days per week; Monday, Wednesday, and Friday (for site visits)

2.4.3.4 A description of any structural or operational changes that would facilitate the pest control effort.

2.4.2.5 A copy of the Commercial Pesticide Applicator Certificate for every Contractor's representative who will be performing onsite services under this Contract.

2.4.4 The Contractor shall be responsible for carrying out work according to the approved Pest Control Plan for each building or site. The Contractor shall receive the concurrence of the COR prior to implementing any subsequent changes to the approved Pest Control Plan, including additions or replacements to the pesticide list and to on-site service personnel.

2.5 Pesticide Application

2.5.1 The Contractor shall not apply any pesticide product that has not been included in the Pest Control Plan or approved in writing by the COR. The COR will make a timely decision on any matter that requires a written approval.

2.5.2 Pesticide application shall be according to need and not by schedule. As a general rule, application of pesticides in any area inside or outside the

SOA (v. 07/10/2018) Page 9 of 87 premises shall not occur unless visual inspections or monitoring devices indicate the presence of pests in that specific area.

2.5.3 Preventive pesticide treatments of areas determined to be at high risk for infestation by insects or rodents, through inspection at the onset of the program or as part of a maintenance program, are acceptable. Written approval must be granted by the COR prior to any preventive pesticide application.

2.5.4 The Contractor shall not store any pesticide product on Board premises.

2.6 Structural/Procedural Recommendations

2.6.1 Structural modifications for pest control, including the application of caulk and other sealing materials will not be the responsibility of the Contractor.

However, throughout the life of this Contract, the Contractor shall be responsible for notifying the COR in writing about any structural, sanitary, or procedural modifications deemed necessary to eliminate pest food, water, harborage, or access.

2.7 Record Keeping

2.7.1 The Contractor shall be responsible for maintaining a pest control logbook or file for each building or site specified in this Contract. These records shall be update and maintain on each visit by the Contractor. Each logbook or file shall contain at least the following items:

2.7.1.1 A copy of the Pest Control Plan for the building or site, including labels and Safety Data Sheets (SDS) sheets for all pesticides used in the building, and the Contractor's service schedule for the building.

2.7.1.2 The Pest Control Work will be supplied to the Contractor by the COR or designee via a Board Work Request. This form will be used to advise the Contractor of routine service requests and to document the performance of all work, including emergency work.

Upon completion of a service visit to the building, the Contractor's representative performing the service shall complete, sign and date the form, and return it to the logbook or file on the same day of the services rendered.

2.7.1.3 Record Keeping: Contractor shall maintain true and accurate records of all nuisance call. Records shall include but not be limited to the following information:

• Date and time of nuisance visit

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• Location of nuisance call (building, specific area within building, etc.)

• Nature of complaint

• Number and species of animals removed

• Number of traps left onsite

• Date of follow up

• Year End Report: At the end of the calendar year, the

Contractor shall provide a statistical analysis of activities to include: total number of treatment, emergency or special request, estimated number and location of pest found, etc.

2.8 Contractor Personnel

2.8.1 Throughout the life of this Contract, all Contractor personnel providing on-site pest control services shall meet state requirements for training and certification as Commercial Pesticide Applicators. Uncertified individuals working under the supervision of a Certified Applicator will not be permitted to provide services under the terms of this Contract.

2.9 Manner and Time to Conduct Services

2.9.1 The Contractor shall perform routine pest control services that do not adversely affect occupant health or productivity during the regular hours of operation in the buildings. No sprays or dusts may be applied when the immediate area to be treated is occupied. When it is necessary to perform work outside of the regularly scheduled hours set forth in the Pest Control Plan, the Contractor shall notify the COR at least one day in advance.

2.9.2 The Contractor shall observe all safety precautions throughout the performance of this Contract. Certain areas within some buildings may require special instructions for persons entering the building. Any restrictions associated with these special areas will be explained by the COR. The Contractor shall adhere to these restrictions and incorporate them into the Pest Control Plan for the specific building or site.

2.9.3 All Contractor personnel working in or around buildings designated under this Contract shall wear distinctive uniform clothing. The Contractor shall determine and provide additional personal protection equipment required for the safe performance of work. Protective clothing, equipment, and devices shall, as a minimum, conform to Occupational Safety and Health Administration (OSHA) standards for the products being used.

2.10 Special Requests and Emergency Service

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2.10.1 On occasion, the COR may request that the Contractor perform corrective, special, or emergency service (s) that are beyond routine service requests.

The Contractor shall respond to these exceptional circumstances and complete the necessary work within one (1) working day after receipt of the request. In the event that such services cannot be completed within one

(1) working day, the Contractor shall immediately notify the COR and indicate an anticipated completion date.

2.11 Insect Control: Non-pesticide Products and Use

2.11.1 The Contractor shall use non-pesticide methods of control wherever possible. For example: sticky traps are used to guide and evaluate indoor pest control efforts wherever necessary.

2.12 Insect Control: Pesticide Products and Use

2.12.1 The goal of IPM is to deliver effective pest control while at the same time reducing the volume and toxicity of pesticides used and human and environmental exposure to pesticides. When it is determined that a pesticide must be used in order to obtain adequate control, the Contractor shall employ the use of formulations and treatment techniques, which minimize the amount of pesticides used and the potential exposure of people and the environment. The Contractor shall be responsible for application of pesticides according to the product label. All pesticides used by the Contractor must be registered with the Environmental Protection Agency (EPA) and the state Department of Environmental Protection.

Transport, handling and use of all pesticides shall be in strict accordance with the manufacturers label instructions and all applicable federal and state laws and regulations. The Contractor shall use pesticide following the below hierarchy as a guide to minimize the amounts of pesticides applied as well as the potential for exposure.

2.12.1.1 Baits and Gels

• Containerized and other types of bait formulations rather than sprays shall be used for cockroach and ant control wherever appropriate. Baits and gels are considered the standard choice for most spaces. Baits and gels for other insects should also be considered as they are introduced into the marketplace and their efficacy established.

• Dusts in closed areas such as wall voids Dusts are the preferred pesticide product for treatment in such areas

SOA (v. 07/10/2018) Page 12 of 87 as, contrary to liquid products; they are not as directional when applied and affect a broader internal void area.

• Crack and crevice treatment using, in order of preference o Wettable powders o Microencapsulated products o Emulsifiable concentrates o Aerosols

• As a general rule, if effective baits are not available for the targeted indoor pest, liquid, aerosol, or dust formulations shall be applied only as crack and crevice treatments with application devices specifically designed or modified for this purpose. "Crack and crevice treatment" is defined in this contract as an application in which the pesticide is only released within the crack and crevice and does not leave a deposit on exposed surfaces.

• Spot treatments o As differentiated from overall, broadcast, or complete coverage, spot treatment is application to localized or restricted areas no more than (2) square feet where insects are likely to occur.

These areas may occur on floors, walls and bases or undersides of equipment. Application must not be performed in food areas unless permitted by the pesticide product label.

• General sprays or fogs o Application of pesticide liquid, aerosol or dust to exposed surfaces, and pesticide space sprays (including fogs, mists and ultra low volume applications), shall be restricted to unique situations where no alternative measures which will result in timely control within the predetermined tolerance thresholds, are practical. In the event that these applications become necessary, a formulation with the least potential for exposure will be chosen. As a general rule, wettable powder and microencapsulated formulation will be considered as first choices. Solvent-based pesticides will be used only as a last resort when no other effective alternatives exist. All application shall be made only to areas

SOA (v. 07/10/2018) Page 13 of 87 unoccupied at the time of application and shall remain unoccupied until the treated surfaces have dried, or longer if the label specifies a longer reentry time. The Contractor and COR will determine, on a case-by-case basis, what additional ventilation and pre-notification are needed. The Contractor shall obtain the approval of the COR prior to any application of pesticide liquid, aerosol or dust to exposed surfaces, or any space spray treatment. The Contractor shall take all necessary precautions to ensure occupant and employee safety, and all necessary steps to ensure the containment of the pesticide to the site of application. No liquid, aerosol or dust applications shall be made while occupants are present in the treated areas.

2.13 Rodent Control: Non-pesticide Products and Use

2.13.1 As a general rule, rodent control inside occupied buildings shall be accomplished with trapping devices only. All such devices shall be concealed, whenever possible, out of the general view and in protected areas so as not to be affected by routine cleaning and other operations.

Trapping devices shall be checked on a schedule consistent with good pest control practice and approved by the COR. During regular services, the Contractor shall be responsible for disposing of all trapped rodents and all rodent carcasses in an appropriate manner.

2.14 Rodent Control: Pesticide Products and Use

2.14.1 In circumstances when rodenticides are deemed essential for adequate rodent control inside occupied buildings, the Contractor shall obtain the approval of the COR prior to making any interior rodenticide treatment.

All rodenticides, regardless of packaging, shall be placed either in locations not accessible to children, pets, wildlife, and domestic animals, or in EPA-approved tamper-resistant bait boxes. Frequency of servicing bait boxes shall depend upon the level of rodent infestation. All bait boxes shall be maintained in accordance with EPA regulations and the Connecticut Pesticide Control Act. The Contractor shall adhere to the following five points:

• All bait boxes, whenever possible, shall be placed out of the general view and in locations where they will not be disturbed by routine operations.

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• The lids of all bait boxes shall be securely locked or fastened shut.

• All bait boxes shall be securely attached or anchored to the floor, ground, wall or other surface, to discourage movement by non-authorized personnel.

• Bait shall always be placed in the baffle-protected feeding chamber of the box and never in the runway of the box.

• All bait boxes shall be labeled with the Contractors business name, address, dated at the time of installation and each servicing.

2.14.2 As a general rule, rodenticide application outside buildings shall emphasize the direct treatment of rodent burrows wherever feasible. The Contractor shall be responsible for notifying the COR about the location of all rodent burrows on the premises that must be filled.

2.15 Quality Control Program

2.15.1 The Contractor shall establish a complete quality control program to assure the requirements of this Contract are provided as specified. Within five (5) working days prior to the starting date of the contract, the Contractor shall submit a copy of their program to the COR. The program shall include, but not be limited to the following:

• An inspection system covering all the services stated in this Contract.

A checklist used in inspecting contract performance during regularly scheduled or unscheduled inspections. The name (s) of the individual(s) who will perform the inspections.

• The checklist shall include every area of the operation serviced by the Contractor as well as every task that is required to be performed.

• A system for identifying and correcting deficiencies in the quality of services before the level of performance becomes unacceptable.

• A file of all inspections conducted by the Contractor and the corrective actions taken. This documentation shall be maintained locally and made available upon request.

3.3 PERFORMANCE - LESS THAN SATISFACTORY RATING

The Contractor, upon receiving two (2) "less than satisfactory" ratings of the same nature in the same treatment area, shall document all procedures done, to date, and establish the extent of the pest level. If the pest levels are outside the predetermined tolerance thresholds (if thresholds exist for the given pest), the Contractor shall have an agreed upon number of days to submit to the COR an acceptable recommendation to alleviate the unsatisfactory situation. Any treatment area receiving three (3) consecutive "less than satisfactory" ratings of the same nature may result in the filing of a formal complaint from the COR to the Contracting Specialist.

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3.4 SAFETY AND HEALTH

All work shall comply with all applicable state and federal safety and health requirements.

Where there is a conflict between applicable regulations, the most stringent will apply. The Contractor shall assume full responsibility and liability for compliance with all applicable regulations pertaining to the health and safety of personnel during the execution of work.

3.5 CONDUCT OF CONTRACTOR PERSONNEL

The Board reserves the right to deny entry or access to its premises to any Contractor whose presence, dress, or conduct the Board deems detrimental to the good order and productivity of its operations and staff. Such personnel shall be replaced by the Contractor immediately upon notification by the COR, or his designee, that a Contractor personnel problem exists. Personnel replacements shall be made at no additional cost to the Board.

3.5.1 Appearance

3.5.1.1 The Contractor is reminded that its personnel will be working on the premises of the central bank of the United States, and shall dress appropriately for work.

3.5.2 Working in Occupied Facilities

3.5.2.1 When working in occupied facilities, Contractor and Contractor personnel are strictly forbidden from disturbing papers on desks, opening desk drawers or cabinets, or using telephone or office equipment, other than what is specifically provided to the Contractor for official business use.

3.5.3 Disruptive Behavior

3.5.3.1 The Board is committed to providing a work environment that is free from discrimination and harassment on the basis of race, color, religious creed, ancestry, national origin, age, sex, marital status, handicap, pregnancy or status as a disabled veteran. Behavior contrary to this philosophy, which has the purpose or effect of creating an intimidating, hostile, or offensive environment, will not be tolerated by the Board, and it is the Contractors responsibility to ensure that such behavior by its employees and agents does not occur.

3.5.3.2 This policy extends to maintaining an environment free from sexual harassment. Therefore, sexual advances, sexual remarks, requests for sexual favors, and other verbal or physical conduct of a sexual nature must not be condoned or permitted. This prohibition extends to such

SOA (v. 07/10/2018) Page 16 of 87 harassment within the employment context as well as harassment of staff and visitors of the Board. It should be assumed that all sexual behaviors by the Contractors employees and agents at any facility of the Board, whether owned, operated, maintained or leased by the Board, is improper and unwelcome.

3.5.4 Smoke-Free Environment

3.5.4.1 The Board is a smoke free institution. Smoking is prohibited in indoor and outdoor Board-owned facilities and facilities leased and controlled by the Board as well as at meetings or conferences sponsored by the Board. This use prohibition extends to the Contractor’s employees, agents, and vendors. Enforcement is the Contractor’s responsibility.

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SECTION D

[RESERVED]

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SECTION E

INSPECTION AND ACCEPTANCE

E.1 INSPECTION AND ACCEPTANCE

The COR will inspect and accept the goods and services at intervals that he/she specifies.

E.2 REDELIVERY OF WORK

If any of the services delivered by the Contractor under this Contract do not conform with the descriptions contained in Section C, the Statement of Work, the Contracting Officer may direct the Contractor to deliver the services again, in conformity with Section C, and the Contractor shall not reinvoice the Board for such rework. When defects in services cannot be corrected by re-delivery, as determined by the COR, the Contracting Officer may require the Contractor to (1) take actions to assure the Board that future deliveries will conform to contract requirements, and

(2) reduce the future amounts invoiced by the Contractor to reflect the reduced value of the nonconforming services.

If the Contractor again fails to deliver conforming services after attempting to re-deliver, or to take the actions necessary to ensure future conformance with contract requirements, the Board may (1) by contract or otherwise, engage a third party to perform and deliver the services in place of the Contractor and charge to the Contractor any charges incurred by the Board that are directly related to this third-party performance, or (2) terminate this Contract for default in accordance with the General Contract Provisions.

Notwithstanding any of the foregoing provisions, at any time, the Contracting Officer may require the Contractor to remedy by correcting or replacing the Contractor’s personnel, without cost to the Board, any failure by the Contractor to comply with the requirements of this Contract if failure is due to (1) fraud, lack of good faith, or willful misconduct on the part of any of the Contractor's personnel, or (2) the conduct of one or more of Contractor's personnel selected or retained by the Contractor after the Contractor's management or the Board has grounds to believe that the Contractor’s personnel are unqualified or habitually careless.

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SECTION F

CONTRACT DELIVERABLES

F.1 DELIVERABLES

The Contractor shall provide all services identified in Section C, Statement of Work.

F.2 [RESERVED]

F.3 INSURANCE CERTIFICATES

The Contractor shall provide the Board with insurance certificates for each policy required to be in effect throughout the performance period.

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SECTION G

INQUIRIES

G.1 POINT OF CONTACT

The Board's contact person responsible for providing additional information and answering inquiries about this Solicitation is the Contract Specialist.

a. The Offeror shall submit all communications, such as requests for clarification and/or information concerning this Solicitation, in writing via electronic mail to

Helen.H.Nguyen@frb.gov

b. Inquiries shall be submitted via e-mail no later than August 16, 2019.

c. Answers will be provided to questions to potential Offerors giving due regard for the proper protection of proprietary information.

The Board will not provide information concerning this Solicitation or requests for clarification in response to Offeror-initiated telephone calls. The Offeror shall make all such requests in writing via e-mail to the above address. Questions shall identify the specific area of this Solicitation, citing the particular section and paragraph of this Solicitation in which clarification is desired.

Note: Offeror is instructed specifically to contact only Helen Nguyen in connection with any aspect of this requirement prior to the Contract’s award. The Offeror shall submit proposals and all correspondence relating to this document to Helen Nguyen.

mailto:Helen.H.Nguyen@frb.gov

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SECTION H

KEY PERSONNEL

H.1 APPROVAL OF KEY PERSONNEL

Key Personnel are those personnel who are essential for the performance described in Section C, meet requirements outlined below in Section H.2, and who will be assigned to the Contract on a permanent basis.

Offerors shall submit copies of current Pesticide Applicators License with their Technical Proposals (Volume II) of those persons that are essential for the performance of the services described in Section C, the Statement of Work, and who will be assigned to the resulting Contract (Key Personnel). Letters of commitment shall be included in the Technical Proposals for all Key Personnel who are not employed by the Offeror.

No substitutions of key personnel shall be made except in accordance with Section H.3.

Approval of Key Personnel will not be unreasonably withheld.

H.2 PERSONNEL QUALIFICATIONS

Key personnel, at a minimum, shall possess sufficient experience, knowledge, skills, and abilities to permit them, at a minimum, to perform the work required under the SOA.

The Contractor shall provide skilled, credentialed personnel with demonstrated knowledge, abilities, and experiences to provide the required services. The Board requires one or more Key Personnel meeting the requirements below:

a. Current Pesticide Applicators License

H.3 SUBSTITUTION OF KEY PERSONNEL

a. Guidance on Substitutions. During the first ninety (90) days of the contract performance period no Key Personnel substitutions by the Contractor will be made unless substitutions are necessitated by an individual's sudden illness, death, or termination of employment.

In any of these events, the Contractor shall promptly notify the Contracting Officer and provide the information required by paragraph (b) below. After the initial ninety (90) day period, all proposed substitutions must be submitted, in writing, at least 10 days in advance of the proposed substitutions to the Contracting Officer and provide information required by paragraph (b) below.

b. Request for Substitution. All requests for substitutions must provide a detailed explanation of the circumstances necessitating the proposed substitution, a resume for the proposed substitute, and any other information-requested by the Contracting Officer. All

SOA (v. 07/10/2018) Page 22 of 87 proposed substitutes must have qualifications equal to or higher than the qualifications of the individual replaced. The Contracting Officer or his/her authorized representative will evaluate such requests and promptly notify the Contractor of his/her approval or disapproval thereof.

H.4 LIST OF KEY PERSONNEL

The following personnel are identified as Key Personnel:

• AT CONTRACT AWARD, CONTRACTING OFFICER WILL INSERT HERE

THE NAMES OF ACCEPTABLE KEY PERSONNEL FROM THE

SUCCESSFUL OFFEROR’S PROPOSAL

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SECTION I

EVALUATION AND AWARD PROCESS

I.1 EVALUATION OF PROPOSALS - PASS/FAIL

a. A proposal consists of Volume I (Offer), Volume II (technical proposal), Volume III (past performance) and Volume IV (price proposal) submitted by an Offeror responding to this Solicitation. Each non-covered company whose total price proposal exceeds $100,000 shall submit a Subcontracting Plan pursuant to Section L.13. Each Offeror shall submit a technical proposal and a price proposal, according to the guidelines presented in the following:

1. Section B, Price Proposal Form

2. Section C, Statement of Work

3. Section L, General Instructions and Information

NOTE: Offerors are advised that a one-word response, for example “comply”, to a mandatory requirement is insufficient and that such a response will receive a fail rating, thereby causing the entire proposal to be rated as fail.

b. Each technical proposal is subject to the same review and pass/fail analysis by the

Board’s technical evaluation team. Each proposal will first be examined to determine if the Offeror is responsible (see I.2). If any responsibility requirement is not demonstrated, the proposal will be rejected and will receive no further consideration. Technical proposals that meet all responsibility requirements will be subject to the pass/fail technical review described in subsection (c), below.

c. Technical Proposal (Pass/Fail). All proposals will be evaluated to determine technical acceptability based on the minimum technical requirements of the SOA and conformance to the terms and conditions of the SOA. Technical acceptability will be evaluated based on pass or fail basis. In order to be determined to pass technically, and thus eligible for award, Offerors must meet the minimum technical requirements of the SOA, including, as applicable, a Subcontracting Plan acceptable to the Contracting Officer. Technical proposals that meet all SOA requirements will receive a “pass” rating; technical proposals whose only deficiency is the Subcontracting Plan will receive a “conditional pass” rating.

d. Past Performance (Pass/Fail). The past performance evaluation will assess the Offeror’s probability of meeting the solicitation requirements. To develop an overall rating of pass or fail, the Board’s evaluation will take into account relevant information submitted by each Offeror as part of its proposal.

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1. The Board will consider the recency and relevancy of past performance information compared to the requirements detailed in Section C, the source of the information, the context of the data and general trends in the Offeror’s performance and any associated risk.

2. The Board will consider the company itself, predecessor companies, and subcontractors who will perform major or critical aspects of the requirement.

3. The Board reserves the right to consider Past Performance Questionnaires received after the due date for receipt of proposals. The Board reserves the right to contact references for verification or additional information and the right to consider other relevant past performance information. The Board may call customers, whether or not provided by the Offeror, to inquire about the Offeror’s past performance. The Board does not assume the duty to search for data to cure the problems it finds with the information provided by the Offeror. The burden of providing thorough and complete past performance information remains with the Offeror.

4. The Offeror shall demonstrate satisfactory past performance under prior contracts for similar project services to be considered for award.

e. A Board price evaluation team will review each Offeror’s price proposal as formatted according to Section B. Offerors are reminded that they must use the format set forth in Section B in submitting their price proposals. The price evaluation team will evaluate the price proposals for price reasonableness, realism, risk, and any other criteria set forth in Section B. The price evaluation team may reject unrealistically low or materially unbalanced offers.

f. Covered Company Preference: If a covered company, as defined in Section M.25, is among the Offerors whose price proposal is being evaluated under this section, price will be adjusted as described in subparagraph 1, below. The adjusted price will be used as the final price when making an award decision.

1. Except for the acquisitions described in subparagraph 2., below, if a responsible covered company submits a responsive bid, quotation, or proposal, the Contracting Officer shall, for the purpose of price evaluation, add to each non-covered company’s proposal the following factor(s): three percent (3%) of the first $500,000, plus one percent (1%) for any amount of the bid, quotation, or proposal that exceeds $500,000. After applying this price adjustment, the Contracting Officer will evaluate the proposals and award the Contract as provided in paragraph g., below.

2. No price adjustment will be calculated in any of the following acquisitions, even if a covered company is a bidder: (1) the value of the contract is equal to or less

SOA (v. 07/10/2018) Page 25 of 87 than $100,000, (2) the acquisition is a set-aside under the Board’s Small and Disadvantaged Business Acquisition Policy, (3) the covered company has executed a waiver of the price preference, (4) price is not a factor in the evaluation, or (5) the contract is being awarded pursuant to the Trade Agreements Act or another international agreement.

g. The Offeror with the lowest price, acceptable proposal that also received a “pass” rating on its past performance evaluation and technical proposal will be awarded the Contract. If the Offeror with the lowest price received a “conditional pass” on its Subcontracting Plan, such Offeror will be awarded the Contract only if the Offeror timely agrees to amend the Subcontracting Plan in a manner acceptable to the Contracting Officer.

I.2 FACTORS TO DETERMINE A RESPONSIBLE OFFEROR

a. The Offeror shall provide financial statements for its two most recently completed fiscal years.

b. The Offeror shall disclose any actions pending before any body competent to rule on, adjudicate, or referee any legal dispute, including labor or workers’ compensation controversies, or bankruptcy filings.

c. Without additional expense to the Board, the Offeror shall possess and maintain, from the date of the Solicitation and throughout the Contract’s period of performance, any and all licenses and permits necessary to perform the work set forth in the Solicitation (i.e., licenses and permits required under Federal, State, and/or municipal laws, codes, and/or regulations applicable to the performance of the work). The Offeror shall indicate the type(s) of licenses and/or permits that have been issued to them, and the names of the issuing jurisdictions. The Offeror shall provide copies of such licenses and/or permits if requested.

d. The Offeror shall certify, as of the date of release of this Solicitation, that it has paid all taxes due, withholding or otherwise, and that it is not a party to any action by any taxing jurisdiction or authority to collect overdue or back taxes.

e. If an Offeror has financial statements that are weak, has any actions pending, has not obtained or retained the required licenses and/or permits, has any outstanding taxes, or fails to provide any other information required by this Solicitation, the Offeror shall fully explain such action or deficiency so that the Contracting Officer may have sufficient information to determine whether the Offeror is a responsible Offeror.

f. Upon the Contracting Officer’s request, Offerors shall submit information concerning their prior compliance with subcontracting plans required under previous contracts. The Contracting Officer will consider Offerors’ responses (including any failure to respond) in determining Offerors’ responsibility.

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I.3 PROTESTS

Any actual or prospective Contractor who is aggrieved in connection with the solicitation or award of a contract may submit a written protest consistent with the provisions of Section M.23.

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SECTION J

CONTRACT ADMINISTRATION

J.1 CONTRACT TYPE

This Contract will be a firm-fixed type contract.

J.2 PERIOD OF PERFORMANCE

The initial period of performance will consist of a base period plus four one-year option periods, as shown below:

Period of Performance Start Date – End Date Base Period January 1, 2020 through December 31, 2020 Option Period One January 1, 2021 through December 31, 2021 Option Period Two January 1, 2022 through December 31, 2022 Option Period Three January 1, 2023 through December 31, 2023 Option Period Four January 1, 2024 through December 31, 2024

J.2.1 OPTION TO EXTEND CONTRACT

The Board may extend the Contract for four (4) one-year periods without formal recompetition, based on the Contractor’s satisfactory performance as determined by the COR at his/her sole discretion, continued project funding, and subject to a continuation of the Contract and the continued need for the Contractor to perform services under the Contract.

The Board may extend the Contract by giving written notice to the Contractor at any time prior to the Contract’s expiration date. If the Board exercises this option, the extended Contract shall be considered to include this option provision.

The total duration of this Contract including the exercise of any option under this clause shall not exceed December 31, 2024 without written modification to the Contract.

Negotiated extensions of the Contract beyond the option periods without formal competition are a Board prerogative and not a contractual right.

J.2.2 HOLIDAYS

The Board observes the following holidays: New Year’s Day, Martin Luther King Jr.’s Birthday, President’s Day, Memorial Day, Independence Day, Labor Day, Columbus Day, Veterans Day, Thanksgiving Day, and Christmas Day. The

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Contractor may perform work on these days, subject to the COR’s prior notification and approval.

J.3 INVOICES

The Contractor shall submit invoices in arrears and on a thirty-day (30) cycle or in accordance with Clause 6, Payments, of the General Contract Provisions. The terms are net 30/prompt payment. All invoices shall show the contract number, contract line item numbers (CLINs), and modification number, if issued.

The Contractor shall submit invoices via electronic mail to MGT-Accounts- Payable@frb.gov or by facsimile to (202) 452-2840. If you submit your invoices by electronic mail or fax, please do not send invoices by postal mail.

If the Contractor does not have access to electronic mail or facsimile equipment, it may submit invoices by postal mail to:

Federal Reserve Board Accounting Section, Mail Stop 152

20th and C Streets, NW Washington, DC 20551

If any travel is authorized under this Contract, the Contractor shall attach to the invoice all documentation for travel expenses. The Contractor shall be reimbursed according to the Board's travel policy in effect on the date of travel.

J.4 CONTRACT MANAGEMENT

Contract management is as follows:

Name Title

Christine Fields Chief Acquisition Officer

Kimberly Briggs Senior Manager, Procurement Operations

Helen Nguyen Contract Specialist

Jack O’Rourke COR

J.5 COR FUNCTIONS AND LIMITATIONS

mailto:MGT-Accounts-Payable@frb.gov mailto:MGT-Accounts-Payable@frb.gov

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Jack O’Rourke is designated the COR who represents the Contracting Officer in administering technical details within the scope of the Contract and in inspecting and accepting. The COR is not otherwise authorized to make any representations or commitments of any kind on behalf of the Contracting Officer or the Board. The COR does not have the authority to alter the Contractor's obligations or change the terms and conditions of the Contract. If, as a result of technical discussions, it is desirable to alter or change contract terms and conditions, changes will be issued in writing and signed by the Contracting Officer or his/her authorized representative.

Some of the types of actions within the scope of the COR's authority are:

a. To assure compliance of the Contractor's performance with Section C, the Statement of Work.

b. To perform or cause to be performed those inspections necessary to determine the

Contractor's compliance with the technical requirements and the Statement of Work.

c. To maintain both oral and written communications with the Contractor concerning those aspects of this Contract within his/her purview.

d. To monitor the Contractor's performance and to advise the Contract Officer of any deficiencies.

e. To coordinate the availability of Board-furnished property and services and to provide entry to the work area for the Contractor's personnel, as required.

f. To obtain the Contractor's proposal for a change order and to relay the information in a memo to the Contracting Officer.

g. To review invoices and, based on satisfactory performance of the terms and conditions of the Contract, to notify the Accounting Section that a payment should be made pursuant to the Contract.

h. To determine final acceptance of services provided under this Contract.

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SECTION K

REPRESENTATIONS AND OTHER STATEMENTS OF OFFEROR

The Offeror shall include one copy of Section K, Representations and Other Statements of Offeror, in Volume I (Offer). To make the offer binding, the Offeror shall complete all blocks of Section K, as required, type in the name of the authorized signing official in the space reserved for his/her signature, and sign the form on that space.

1. Small business concern

2. Regular dealer-manufacturer

3. Quotation acceptance period

4. Contingent fee

5. Type of business organization

6. Persons authorized to conduct negotiations for Offeror

7. Previous contracts and compliance reports

8. Affirmative action compliance

9. Equal employment compliance

10. Intended place(s) of performance or other establishment(s) from which the supplies are to be furnished or services are to be performed

11. Acknowledgment of amendments

12. Acknowledgement of duties, responsibilities, and authority

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REPRESENTATIONS AND OTHER STATEMENTS OF OFFEROR

K.1 SMALL BUSINESS CONCERN

The Offeror ( ) is, ( ) is not a small business concern.1 If the Offeror is a small business concern and is not the manufacturer of the supplies offered, it also represents that all supplies to be furnished hereunder ( ) will, ( ) will not be manufactured or produced by a small business concern in the United States, its possessions or Puerto Rico.

K.2 REGULAR DEALER-MANUFACTURER (applicable only to supply contracts exceeding $10,000).

The Offeror is a ( ) regular dealer in, ( ) manufacturer of the supplies offered.

K.3 QUOTATION ACCEPTANCE PERIOD

This quotation is valid for _______ days from _______. (A minimum of sixty (60) calendar days should be offered.)

K.4 CONTINGENT FEE (applicable only to supply contracts exceeding $100,000)

a. The Offeror ( ) has, ( ) has not employed or retained any company or person (other than a full-time, bona fide employee working solely for the Offeror) to solicit or secure this Contract; and

b. The Offeror ( ) has, ( ) has not paid or agreed to pay any company or person (other than a full-time, bona fide employee working solely for the Offeror) any fee, commission, percentage, or brokerage fee contingent upon or resulting from the award of this contract; and

c. The Offeror agrees to furnish information…