36C24222Q0123.docx

36C24222Q0123

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1. REQUISITION NO.

2. CONTRACT NO.

3. AWARD/EFFECTIVE DATE

4. ORDER NO.

5. SOLICITATION NUMBER

6. SOLICITATION ISSUE DATE

a. NAME

b. TELEPHONE NO. (No Collect Calls)

8. OFFER DUE DATE/LOCAL

TIME

9.

ISSUED BY

CODE

10. THIS ACQUISITION IS

UNRESTRICTED OR

SET ASIDE:

% FOR:

SMALL BUSINESS

HUBZONE SMALL

BUSINESS

SERVICE-DISABLED

VETERAN-OWNED

SMALL BUSINESS

WOMEN-OWNED SMALL BUSINESS

(WOSB) ELIGIBLE UNDER THE

WOMEN-OWNED

SMALL BUSINESS PROGRAM

EDWOSB

8(A)

NAICS:

SIZE STANDARD:

11. DELIVERY FOR FOB DESTINA-

TION UNLESS BLOCK IS

MARKED

SEE SCHEDULE

12. DISCOUNT TERMS

13a. THIS CONTRACT IS A

RATED ORDER UNDER

DPAS (15

CFR 700)

13b. RATING

14. METHOD OF SOLICITATION

RFQ

IFB

RFP

15. DELIVER TO

CODE

16. ADMINISTERED BY

CODE

17a. CONTRACTOR/OFFEROR

CODE

FACILITY CODE

18a. PAYMENT WILL BE MADE BY

CODE

TELEPHONE NO.

DUNS:

DUNS+4:

PHONE:

FAX:

17b. CHECK IF REMITTANCE IS DIFFERENT AND PUT SUCH ADDRESS IN OFFER 18b. SUBMIT INVOICES TO ADDRESS SHOWN IN BLOCK 18a UNLESS BLOCK BELOW IS CHECKED

SEE ADDENDUM

19.

20.

21.

22.

23.

24.

ITEM NO.

SCHEDULE OF SUPPLIES/SERVICES

QUANTITY

UNIT

UNIT PRICE

AMOUNT

(Use Reverse and/or Attach Additional Sheets as Necessary)

25. ACCOUNTING AND APPROPRIATION DATA

26. 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. ADDENDA

ARE

ARE NOT ATTACHED.

27b. CONTRACT/PURCHASE ORDER INCORPORATES BY REFERENCE FAR 52.212-4. FAR 52.212-5 IS ATTACHED. ADDENDA

ARE

ARE NOT ATTA

CHED

28. CONTRACTOR IS REQUIRED TO SIGN THIS DOCUMENT AND RETURN _______________

29. AWARD OF CONTRACT: REF. ___________________________________ OFFER

COPIES TO ISSUING OFFICE. CONTRACTOR AGREES TO FURNISH AND

DATED ________________________________. YOUR OFFER ON SOLICITATION

DELIVER ALL ITEMS SET FORTH OR OTHERWISE IDENTIFIED ABOVE AND ON ANY

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

ADDITIONAL SHEETS SUBJECT TO THE TERMS AND CONDITIONS SPECIFIED

SET FORTH HEREIN IS ACCEPTED AS TO ITEMS:

30a. SIGNAT

URE OF OFFEROR/CONTRACTOR

31a. UNITED STATES OF AMERICA (SIGNATURE OF CONTRACTING OFFICER) 30b. NAME AND TITLE OF SIGNER (TYPE OR PRINT) 30c. DATE SIGNED 31b. NAME OF CONTRACTING OFFICER (TYPE OR PRINT) 31c. DATE SIGNED

AUTHORIZED FOR LOCAL REPRODUCTION

(REV. 2/2012)

PREVIOUS EDITION IS NOT USABLE

Prescribed by GSA - FAR (48 CFR) 53.212

7. FOR SOLICITATION

INFORMATION CALL:

STANDARD FORM 1449

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

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS

526-22-1-630-0001 36C24222Q0123 12-03-2021 Safa Shleiwet 718-741-4766 12-31-2021 17:00

EST

36C242 Department of Veterans Affairs Network Contracting Office 2 James J. Peters VA Medical Center 130 West Kingsbridge Road Bronx NY 10468-3904 X X 561710 $12 Million N/A X Department of Veterans Affairs James J. Peters VA Medical Center Bronx NY 10468 36C242 Department of Veterans Affairs James J. Peters VA Medical Center Network Contracting Office 2 130 West Kingsbridge Road Bronx NY 10468-3904

Tungsten Network https://www.tungsten-network.com/ customer-campaigns/veteransaffairs/

See CONTINUATION Page Integrated Pest Management (IPM) Services at James J. Peters VA Medical Center and the Yonkers Community Based Outpatient Clinic (CBOC).

Periods of performance: 12 months base plus four 12 months Option year.

Site Visit Dates as below:

James J.

Peters VA Medical Center-December 9, 2021 at 9:00am EST.

Yonkers Community Based Outpatient Clinic-December 10, 2021 at 12:00pm EST.

See Section E E.1 52.212-1 Instructions to offerors for more Site Visit details.

All questions must be submitted in writing via email to safa.shleiwet@va.gov by 5:00 PM EST December 13, 2021.

See CONTINUATION Page x X X Safa Shleiwet Network Contracting Office (NCO 2) is planning to issue a Request for Quote (RFQ) Integrated Pest Management (IPM) Services at James J. Peters Medical Center: 130 West Kingsbridge Road, Bronx NY 10468.

The solicitation number for this RFQ is 36C24222Q0123 Service Disable Veterans Owned Small (SDVOSB) business set a side.

The Period of Performance of the Base Year begins on 04-01-2022 through 03-31-2023 with four (4) one-year option periods.

The North American Industry Classification Systems (NAICS) is 561710, size standard $12 Million.

This will be a firm fixed priced contract.

All questions shall be submitted in writing to safa.shleiwet@va.gov.

Table of Contents

VHA DIRECTIVE 1850.02 PEST MANAGEMENT OPERATIONS.

BUILDING FLOOR PLANS.

PAST PERFORMANCE EVALUATION QUESTIONNAIRE.

WAGE DETERMINATION NO. 2015-4187.

QUALITY ASSURANCE SURVEILLANCE PLAN

SECTION B - CONTINUATION OF SF 1449 BLOCKS

B.1 CONTRACT ADMINISTRATION DATA

1. Contract Administration: All contract administration matters will be handled by the following individuals:

a. CONTRACTOR:

b. GOVERNMENT: Contracting Officer 36C242 Safa Shleiwet Department of Veterans Affairs Network Contracting Office 2 James J. Peters VA Medical Center 130 West Kingsbridge Road Bronx NY 10468-3904

2. CONTRACTOR REMITTANCE ADDRESS: All payments by the Government to the contractor will be made in accordance with:

3. INVOICES: Invoices shall be submitted in arrears:

4. GOVERNMENT INVOICE ADDRESS: All Invoices from the contractor shall be submitted electronically in accordance with VAAR Clause 852.232-72 Electronic Submission of Payment Requests.

Tungsten Network https://www.tungsten-network.com/ customer-campaigns/veteransaffairs/

ACKNOWLEDGMENT OF AMENDMENTS: The offeror acknowledges receipt of amendments to the Solicitation numbered and dated as follows:

B.2 PERFORMANCE WORK STATEMENT

discuss

2. OBJECTIVE

2.1 The contractor shall provide all supervision, management, laboratory testing, tools, supplies, equipment, transportation, and labor to develop and implement an Integrated Pest Management (IPM) plan for James J. Peters VA Medical Center, 130 West Kingsbridge Road, Bronx, New York 10468. The implementation of an IPM shall be done in a manner that ensures the health and general well-being of patients, staff, and visitors. Such a plan must also include structural and procedural variations that reduce the food, water, harborage, and access used by pests. Contractor’s IPM shall also offer surveillance, trapping, pesticide application, pest removal components, and applicable reporting along with detailed, site-specific recommendations for structural and technical alterations, for pest control indoor and outdoor, within the property boundaries of the buildings along with the Yonkers Community Based Outpatient Clinic (CBOC) 124 New Main St, Yonkers, NY 10701.

3. GENERAL INFORMATION

3.1 PERFORMANCE PERIOD: The expected Period of Performance for this contract is a base year (of 12 months) and (4) option years (that are 12 months each). Option year renewals may or may not be exercised (based on needs of and at the discretion of) the U.S. Government. The actual performance period shall be established at the time of contract award.

3.2 TYPE OF CONTRACT: The Government contemplates the award of a Firm Fixed Price contract for this requirement.

3.3 WORK HOURS (FOR EXECUTION OF SERVICES): The service schedule will be developed between the contractor and the Contractor Officer Representative (COR) (or other authorized designee/representative) at the beginning of the performance period. Normal, routine services will occur Monday through Friday. It is expected that the contractor be on site and perform work on these days. While on site it is required that the contractor check in with facility representatives to discuss the status/progress of the IPM and other pest management issues if needed. Services shall be performed during the VA normal business hours, 8:00 a.m. through 4:30 p.m., Monday through Friday, excluding Federal holidays. The contractor is required to perform services on holidays when called by the medical center. Any work that needs to take place outside of the scope of normal business hours shall be approved by the Contracting Officer’s Representative (COR) (or other authorized designee/representative) prior to the commencement of work. At least one (1) day advanced notice is required for work that is to be performed outside of normal business hours.

3.4 FEDERAL HOLIDAYS: As stated in Section 3.3 the Federal Holidays which are observed by the federal government are annotated below.

· New Year’s Day

· Martin Luther King’s Birthday

· President’s Day

· Memorial Day

· Independence Day

· Labor Day

· Columbus Day

· Veterans Day

· Thanksgiving Day

· Christmas Day

· Any other day specifically declared by the President of the United States to be a national holiday

3.5 INTERFERENCE TO NORMAL FUNCTION:

Contractor may be required to interrupt their work at any time so as not to interfere with the normal functioning of the facility, including utility services, fire protection systems, and passage of facility patients, personnel, equipment and carts. In the event of an emergency, contractor services may be stopped and rescheduled at no additional cost to the government.

3.6 SCOPE OF CONTRACT AND CONTRACT MODIFICATIONS

The final contract will stipulate the responsibilities of the contractor and/or the government. The contractor and the government are required to adhere to the scope of the finalized contract. Any and all modifications shall be initiated and approved by the contracting officer. The contractor shall not receive payment for any work/services/deliverables that are/were not specifically authorized under the contract (as written or as modified).

4. CONTRACTOR STAFF/PERSONNEL QUALFICATIONS, EXPERIENCE, AND OTHER REQUIREMENTS

4.1. All personnel performing work and executing services/deliverables shall possess the necessary capabilities, qualifications, and experience necessary to execute the specific tasks in this Performance Work Statement (PWS). No unqualified individuals shall perform work which is covered under the scope of the finalized contract at any time during the performance period.

The following requirements/stipulations are mandatory for contractors/contractor personnel (i.e. Inspectors, Chemical Applicators, and/or Technicians)

· Contractor shall be appropriately licensed and permitted in the State of New York to perform pest control services, including wood destroying insect evaluation and control. (Only EPA and State of New York Department of Agriculture approved pesticides and equipment shall be used during the performance of services).

· The contractor and personnel assigned to this contract shall be certified, licensed, and permitted to use pesticides for each given State (to include having current knowledge and recent experience in the commercial application of pest control treatments and execution of pest control services).

· Appropriate certifications and licenses to perform yearly inspection for termite infestation and treatment if required by the facility.

· Basic proficiency in speaking and writing English.

· While on VA premises, all contractor personnel shall comply with the rules, regulations, and procedures governing the conduct of personnel and the operation of the facility. This includes but is not limited to wearing/displaying identification badges and identifiable uniforms which specifies the company they are working for.

· Contractor will ensure that employees assigned to this service contract have had a general background check. Employees that cannot meet security and clearance requirements shall not be allowed to perform work under this contract.

· It is the responsibility of the contractor to park in the appropriate designated parking areas while on site. Parking arrangements shall be coordinated between the government and contractor at the beginning of the performance period before work begins. (The medical facility/government will not/does not validate or make reimbursement for parking violations for contractor personnel under any circumstances).

SITE SPECIFIC REQUIRMENTS (ADDITIONAL CONTRACTOR QUALIFICATIONS)

· Certification required for all applicators is Industrial, Institutional, Structural, and Health Related certificate acceptable to the New York Department of Agriculture Bureau of Plant Industry.

· The vendor firm must hold a General Pest and Rodent Control License issue by the New York Department of Agriculture Bureau of Plant Industry.

· Technicians used who are not certified will have the appropriate Technician's Card issued by the New York Department of Agriculture Bureau of Plant Industry. Evidence of such card for technicians will be provided.

· Comply with the pest control operations for the State of New York.

· Contractor shall assume full responsibility for compliance with the Green Environmental Management Systems (GEMS); Federal Insecticide Fungicide Rodenticide Act (FIFRA); Environmental Protection Agency (EPA); and the Occupational Safety and Health Administration (OSHA) regulations a they apply to IPM. Contractor shall perform all work in accordance with the guidelines established by Federal, State and local ordinances.

5.0 INTEGRATED PEST MANAGEMENT (IPM) PLAN

Contractor’s Integrated Pest Management (IPM) Plan shall address and mitigate pest control issues for the facility within the scope described herein. The IPM consists of the following deliverables described below. Contractor’s IPM is also subject to the following conditions and stipulations that are referenced in this section. In addition to Section 5.0, Contractor personnel who are executing the IPM and performing services under the IPM must meet or exceed the requirements as contained in Section 4 of this PWS.

An Integrated Pest Management Plan (IPM) is not just routine application of pesticides, but rather a process of initializing a program that determines the best method of application after a thorough inspection, monitoring, and reviewing the data collected regarding the pest, so as to put in place control measures for environmentally safe treatment. Therefore, it is the government’s expectation that a contractor has knowledge and expertise regarding the methodologies of an IPM and how to best execute such an IPM in a medical center/hospital environment.

5.1 INTEGRATED PEST MANAGEMENT (IPM) PLAN COVERAGE AREAS

The Integrated Pest Management Plan (IPM) will cover/encompass the buildings, levels/floors, and rooms that are annotated in Table A-Building Floor Plans/Campus Site Plans (attached in section D), table A Coverage Areas for IPM. Add schematic, blueprints, or map for facility coverage areas. When developing their Integrated Pest Management Plan for the facility contractors shall refer to Table A to ensure that their plan provides the appropriate and necessary pest management, controls, and prevention that is required for these areas. Approximately 1,461,653 square feet of coverage will be needed from the contractor’s Integrated Pest Management Plan when implemented.

5.2 DEFINITION AND SCOPE OF INTEGRATED PEST MANAGEMENT (IPM) PLAN

PESTS INCLUDED:

1. General structural arthropod pests (i.e., cockroaches, ants, carpet beetles, spiders, carpenter ants, carpenter bees, and any other arthropod pests not specifically excluded from this contract).

2. Flying insect pests (i.e., housefly, stable fly, blow flies, etc.).

3. Predatory pests (i.e., lice, bedbugs, fleas, mites, ticks, bees, wasps, mosquitoes, scorpions, etc.)

See additional comments below regarding bedbugs

4. Stored product pests (i.e., saw tooth grain beetle, red confused flour beetle, trogderma beetles, grain moths etc.)

5. Mice and Rats (i.e., house mouse, field mouse, roof rat, Norway rats, etc.)

6. Pest birds (i.e., pigeons, sparrows, blackbirds, etc.)

7. Other vertebrate pests (i.e., dogs, cats, bats, squirrels, gophers, moles, skunks, snakes, rabbits, raccoons, etc.).

8. Aquatic pests (i.e., mosquito larva/pupae, algae etc.).

9. Wood destroying organisms (i.e. Winged termite warmers, subterranean termites, dry wood termites, fungi, wood boring beetles, etc.)

See additional comments below regarding termites

Bedbugs are included in the contractor’s IPM for this requirement. See contractor requirement for bedbugs below.

· Bed Bugs – The Contractor shall employ the latest technology to eradicate bed bug infestation applicable to medical care facilities. Treatment will occur on a needed basis.

· Upon notice of a treatment, Contractor shall be able to provide treatment within four (4) hours of notification. Reasonable exceptions will be made for cases such as adverse weather or restriction of accessed by the Medical Center that are beyond a Contractor’s direct control. See Section 5.4. EMERGENCY CALLS (CALL BACKS).

Termites are included in the contractor’s IPM for this requirement. See contractor requirements for termites below.

· Contractor shall perform yearly inspection for termite infestation, treatment and must have appropriate certifications and licenses to perform such work.

· Preferred month for inspection: APRIL Inspection Services

· Upon initial service requirement the contractor shall make an assessment to determine if a particular location needs a weekly inspection services to address or mitigate issues relating to termites.

**Portable vacuums are the preferred method used for initial cleanouts of cockroach infestations, for swarming (winged) ants and termites, and for control of spiders in webs wherever appropriate.

PESTS EXCLUDED:

1). Pests that primarily damage outdoor vegetation

5.3 GENERAL CONSTRAINTS (which apply during execution of IPM)

Listed below are operation, service performance, bait, and pesticide constraints that apply to all locations being serviced under the contractor’s Integrated Pest Management Plan (IPM).

a. Operation Constraints: As described in Section 3.3 and 3.4 of this PWS work is to be performed during normal business hours (excluding federal holidays) unless specifically authorized/approved in advance.

b. Service Performance Constraints

i. The Contractor shall observe all safety precautions throughout the performance of this contract

ii. All work shall comply with the applicable requirements of Title 29 Code of Federal Regulations (CFR) 1910, 29 CFR 1926, and 40 CFR

iii. The Contractor shall provide routine pest control services that do not adversely affect patients and employee health or productivity during the regular hours of operation in buildings.

iv. All work shall comply with applicable Federal, State, and municipal safety and health requirements. Where there is a conflict between applicable regulations, the most stringent will apply.

v. Adhere to the requirements for entering restricted areas. Contractor shall contract COR prior to going into these areas.

vi. The contractor shall determine the need for and provide any personal protective items required for the safe performance of work.

vii. Protective clothing, equipment, and devices shall, as a minimum, conform to United States (U.S.) Occupational Safety and Health Administration (OSHA) standards for the products being used.

viii. Contractor shall adhere to all isolation precaution requirements, when need arise to perform service in patient care areas.

ix. Contractor shall not store or mix pesticides on Veterans Administration (VA) property.

c. Bait and Pesticides Constraints

i. When applicable, an “eco-sensitive” approach to pest control is applied.

ii. All pesticides used by the Contractor shall be registered with the U.S. Environmental Protection Agency (EPA). Transport, handling and use of all pesticides shall be in strict accordance with the manufacturer’s label instructions and all applicable Federal, State, and local laws and regulations.

iii. Adherence to Federal Insecticide, Fungicide, and rodenticide Act (FIFRA).

iv. The Contractor shall not apply any pesticide product that has not been approved in writing by the COR.

v. Pesticide application shall be used/applied according to need.

vi. Contractor shall employ the least hazardous material, most precise application technique, and minimum quantity of pesticide that is necessary to achieve desired results.

vii. USE OF THE HERBICIDE 2, 4-D IS PROHIBITED ON VA PROPERTY BY NATIONAL VA POLICY.

viii. Non-chemical methods (spraying) shall be used to the maximum extent practicable.

ix. Contractor shall notify COR of affected areas prior to spraying.

x. Application of insecticides to exposed surfaces or as space sprays (including fogs, mists, fumigation, and ultra-low volume applications) shall be restricted to unique situations where no alternative measures are practical. The Contractor shall obtain the approval of the COR prior to any application of insecticide to an exposed surface or any space spray treatment. No surface application or space spray shall be made while tenant personnel are present. The Contractor shall take all necessary precautions to ensure patient and employee safety, and all necessary steps to ensure the containment of the pesticide to the site of application.

Bait Boxes

xiii. Application of insecticide shall not be visible to a bystander during or after the application processes.

d. Rodent Control Constraints

i. Rodent control inside occupied buildings shall be accomplished with trapping devices only.

ii. Contractor shall obtain the approval of the COR prior to making any interior rodenticide treatment.

iii. All Rodenticides, shall be placed either in locations not accessible to children, pets, wildlife, and domestic animals, or in EPA approved tamper- resistant bait boxes.

Liability: 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.

Government Responsibilities 1). The COR, with the assistance of the (Green Environment Management System) GEMS Coordinator or Chief, Environmental Management Services (EMS) ensure the contractor compliance with VHA Directive 1850.02 Pest Management Operations (Dated 2017).

2). Any action required for correction as specified in Section 5 (b). The COR shall take the needed action to correct the problem.

3). Provide escort in restricted areas or when applicable.

4). Any trapping devices employed, shall be checked by COR, between the contractor’s visit.

5). COR will document all unscheduled services within scope of the contract performance (Emergency and Non-Emergency calls).

5.4 EMERGENCY CALLS (CALL BACKS):

· The contractor shall provide same day emergency service (for areas occupied by or accessible to patients) when notified by the government on or before 12:00 Noon on that day. Emergency calls that are received after 12:00 Noon shall be serviced the following day (including weekends and holidays).

· Contractor shall report to the facility within four (4) hours after notification for same day service calls.

· During the performance period of the contract the contractor or his/her designee/alternate must be accessible/reachable by the government in the event that an emergent condition needs to be addressed at the facility.

*ALL Emergency services within scope of the final contract shall have prior approval by the COR. Any services performed that were not previously approved by the COR may result in NO Payment by the government to the contractor.

5.5 ADMINISTRATIVE DUTY REQUIREMENTS (ADR) AND CONTRACTOR REPORTING

The Contractor shall develop a recording system or plan to address the following in a hardcover format, at the location listed above. These records shall be kept on-site at each location and maintained on each visit by the Contractor:

a. The Contractor shall provide current labels and Safety Data Sheets (SDS) of all pesticides to be used and their application, along with equipment used to apply.

b. Additional SDS shall be provided anytime a new pesticide is used or an updated SDS is provided to the

i. Certification document for each contractor personnel applying and/or treatment of pesticides -Updated as needed (i.e. new personnel, certification/license renewal, etc.)

The Contractor shall receive the concurrence of the COR prior to implementing any subsequent changes to the system, including additional or replacement pesticides and on-site personnel.

5.6 ONGOING SERVICE REQUIREMENTS

a. A certified applicator or Technician who reports to a certification applicator who remains at the contractor’s office is not allowed. Non-certified technicians may only work under the supervision of a certified applicator that is ON-SITE during pest control servicing and personally directing all pest control activities occurring.

b. Contractor must advise Medical Center of any non-pest control actions that need to be taken such as sealing cracks, pickup of spilled food, etc.

c. The Contractor shall be responsible for disposing of all trapped rodents and all rodent carcasses off-site, in accordance with local, country, or state regulations. While on Veterans Administration (VA) premises, all contractor personnel shall comply with the rules, regulations, and procedures governing the conduct of personnel and the operation of the facility.

5.7 EXTERIOR AND INTERIOR FLY PROGRAM

In addition to the insect control requirements contained within the IPM, a separate Exterior and Interior Fly Program is needed at the facility.

TABLE 1 – EXTERIOR AND INTERIOR FLY LIGHT COVERAGE AREAS

5.8 CONTRACTOR REQUIREMENTS FOR EXTERIOR AND INTERIOR FLY PROGRAM

For the areas listed in Table 1 the government will remove the fly light units/kits that are currently in these areas. It will be the contractor’s responsibility to do the following:

1. Install new exterior and interior fly light units/kits in the areas specified in Table 1. (For the areas not known or specified the contractor shall install new units/kits in these areas when these areas have been identified.

2. Once installation of new fly light units/kits are complete, the contractor shall monitor performance to ensure continual and uninterrupted operation (i.e. replacing bulbs and other accessories).

3. Contractor will clean/empty catch basins and tray areas of the units as well as dispose of any replaced bulbs offsite. (Fly lights are hazardous waste and must be disposed of by the contractor).

VHA Supplemental Contract Requirements for Ensuring Adequate COVID-19 Safety Protocols for Federal Contractors

1. Contractor employees who work in or travel to VHA locations must comply with the following:

a. Documentation requirements:

1) If fully vaccinated, shall show proof of vaccination.

i. NOTE: Acceptable proof of vaccination includes a signed record of immunization from a health care provider or pharmacy, a copy of the COVID-19 Vaccination Record Card (CDC Form MLS-319813_r, published on September 3, 2020), or a copy of medical records documenting the vaccination.

2) If unvaccinated and granted a medical or religious exception, shall show negative COVID-19 test results dated within three calendar days prior to desired entry date. Test must be approved by the Food and Drug Administration (FDA) for emergency use or full approval. This includes tests available by a doctor’s order or an FDA approved over-the-counter test.

3) Documentation cited in this section shall be digitally or physically maintained on each contractor employee while in a VA facility and is subject to inspection prior to entry to VA facilities and after entry for spot inspections by Contracting Officer Representatives (CORs) or other hospital personnel.

4) Documentation will not be collected by the VA; contractors shall, at all times, adhere to and ensure compliance with federal laws designed to protect contractor employee health information and personally identifiable information.

2. Contractor employees are subject to daily screening for COVID-19 and may be denied entry to VA facilities if they fail to pass screening protocols. As part of the screening process contractors may be asked screening questions found on the COVID-19 Screening Tool. Check regularly for updates.

a. Contractor employees who work away from VA locations, but who will have direct contact with VA patients shall self-screen utilizing the COVID-19 Screening Tool, in advance, each day that they will have direct patient contact and in accordance with their person or persons who coordinate COVID-19 workplace safety efforts at covered contractor workplaces. Contractors shall, at all times, adhere to and ensure compliance with federal laws designed to protect contractor employee health information and personally identifiable information.

3. Contractor must immediately notify their COR or Contracting Officer if contract performance is jeopardized due to contractor employees being denied entry into VA Facilities.

B.3 PRICE/COST SCHEDULE

ITEM INFORMATION

Integrated Pest Management (IPM) Services Contract Period: Base POP Begin: 04-01-2022 POP End: 03-31-2023

Bed bugs elimination service as needed

After hours calls as needed

Integrated Pest Management (IPM) Services Contract Period: Option 1 POP Begin: 04-01-2023 POP End: 03-31-2024

Bed bugs elimination service as needed

After hours calls

Integrated Pest Management (IPM) Services Contract Period: Option 2 POP Begin: 04-01-2024 POP End: 03-31-2025

Bed bugs elimination service as needed

After hours calls

Integrated Pest Management (IPM) Services Contract Period: Option 3 POP Begin: 04-01-2025 POP End: 03-31-2026

Bed bugs elimination service as needed

After hours calls

Integrated Pest Management (IPM) Services Contract Period: Option 4 POP Begin: 04-01-2026 POP End: 03-31-2027

Bed bugs elimination service as needed

After hours calls

Page 1 of Page 1 of

SECTION C - CONTRACT CLAUSES

C.1 52.212-4 CONTRACT TERMS AND CONDITIONS—COMMERCIAL ITEMS (OCT 2018)

(a) Inspection/Acceptance. The Contractor shall only tender for acceptance those items that conform to the requirements of this contract. The Government reserves the right to inspect or test any supplies or services that have been tendered for acceptance. The Government may require repair or replacement of nonconforming supplies or reperformance of nonconforming services at no increase in contract price. If repair/replacement or reperformance will not correct the defects or is not possible, the Government may seek an equitable price reduction or adequate consideration for acceptance of nonconforming supplies or services. The Government must exercise its post-acceptance rights—

(1) Within a reasonable time after the defect was discovered or should have been discovered; and

(2) Before any substantial change occurs in the condition of the item, unless the change is due to the defect in the item.

(b) Assignment. The Contractor or its assignee may assign its rights to receive payment due as a result of performance of this contract to a bank, trust company, or other financing institution, including any Federal lending agency in accordance with the Assignment of Claims Act (31 U.S.C. 3727). However, when a third party makes payment (e.g., use of the Governmentwide commercial purchase card), the Contractor may not assign its rights to receive payment under this contract.

(c) Changes. Changes in the terms and conditions of this contract may be made only by written agreement of the parties.

(d) Disputes. This contract is subject to 41 U.S.C. chapter 71, Contract Disputes. 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, line item number and, if applicable, the order number;

(iv) Description, quantity, unit of measure, unit price and extended price of the items delivered;

(v) Shipping number and date of shipment, including the bill of lading number and weight of shipment if shipped on Government bill of lading;

(vi) Terms of any discount for prompt payment offered;

(vii) Name and address of official to whom payment is to be sent;

(viii) Name, title, and phone number of person to notify in event of defective invoice; and

(ix) Taxpayer Identification Number (TIN). The Contractor shall include its TIN on the invoice only if required elsewhere in this contract.

(x) Electronic funds transfer (EFT) banking information.

(A) The Contractor shall include EFT banking information on the invoice only if required elsewhere in this contract.

(B) If EFT banking information is not required to be on the invoice, in order for the invoice to be a proper invoice, the Contractor shall have submitted correct EFT banking information in accordance with the applicable solicitation provision, contract clause (e.g., 52.232-33, Payment by Electronic Funds Transfer—System for Award Management, or 52.232-34, Payment by Electronic Funds Transfer—Other Than System for Award Management), or applicable agency procedures.

(C) EFT banking information is not required if the Government waived the requirement to pay by EFT.

(2) Invoices will be handled in accordance with the Prompt Payment Act (31 U.S.C. 3903) and Office of Management and Budget (OMB) prompt payment regulations at 5 CFR part 1315.

(h) Patent indemnity. The Contractor shall indemnify the Government and its officers, employees and agents against liability, including costs, for actual or alleged direct or contributory infringement of, or inducement to infringe, any United States or foreign patent, trademark or copyright, arising out of the performance of this contract, provided the Contractor is reasonably notified of such claims and proceedings.

(i) Payment.—

(1) Items accepted. Payment shall be made for items accepted by the Government that have been delivered to the delivery destinations set forth in this contract.

(2) Prompt payment. The Government will make payment in accordance with the Prompt Payment Act (31 U.S.C. 3903) and prompt payment regulations at 5 CFR part 1315.

(3) Electronic Funds Transfer (EFT). If the Government makes payment by EFT, see 52.212-5(b) for the appropriate EFT clause.

(4) Discount. In connection with any discount offered for early payment, time shall be computed from the date of the invoice. For the purpose of computing the discount earned, payment shall be considered to have been made on the date which appears on the payment check or the specified payment date if an electronic funds transfer payment is made.

(5) Overpayments. If the Contractor becomes aware of a duplicate contract financing or invoice payment or that the Government has otherwise overpaid on a contract financing or invoice payment, the Contractor shall—

(i) Remit the overpayment amount to the payment office cited in the contract along with a description of the overpayment including the—

(A) Circumstances of the overpayment (e.g., duplicate payment, erroneous payment, liquidation errors, date(s) of overpayment);

(B) Affected contract number and delivery order number, if applicable;

(C) Affected 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 41 U.S.C. 7109, 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. chapter 37, Contract Work Hours and Safety Standards; 41 U.S.C. chapter 87, Kickbacks; 41 U.S.C. 4712 and 10 U.S.C. 2409 relating to whistleblower protections; 49 U.S.C. 40118, Fly American; and 41 U.S.C. chapter 21 relating to procurement integrity.

(s) Order of precedence. Any inconsistencies in this solicitation or contract shall be resolved by giving precedence in the following order:

(1) The schedule of supplies/services.

(2) The Assignments, Disputes, Payments, Invoice, Other Compliances, Compliance with Laws Unique to Government Contracts, and Unauthorized Obligations paragraphs of this clause;

(3) The clause at 52.212-5.

(4) Addenda to this solicitation or contract, including any license agreements for computer software.

(5) Solicitation provisions if this is a solicitation.

(6) Other paragraphs of this clause.

(7) The Standard Form 1449.

(8) Other documents, exhibits, and attachments

(9) The specification.

(t) [Reserved]

(u) Unauthorized Obligations.

(1) Except as stated in paragraph (u)(2) of this clause, when any supply or service acquired under this contract is subject to any End User License Agreement (EULA), Terms of Service (TOS), or similar legal instrument or agreement, that includes any clause requiring the Government to indemnify the Contractor or any person or entity for damages, costs, fees, or any other loss or liability that would create an Anti-Deficiency Act violation (31 U.S.C. 1341), the following shall govern:

(i) Any such clause is unenforceable against the Government.

(ii) Neither the Government nor any Government authorized end user shall be deemed to have agreed to such clause by virtue of it appearing in the EULA, TOS, or similar legal instrument or agreement. If the EULA, TOS, or similar legal instrument or agreement is invoked through an “I agree” click box or other comparable mechanism (e.g., “click-wrap” or “browse-wrap” agreements), execution does not bind the Government or any Government authorized end user to such clause.

(iii) Any such clause is deemed to be stricken from the EULA, TOS, or similar legal instrument or agreement.

(2) Paragraph (u)(1) of this clause does not apply to indemnification by the Government that is expressly authorized by statute and specifically authorized under applicable agency regulations and procedures.

(v) Incorporation by reference. The Contractor’s representations and certifications, including those completed electronically via the System for Award Management (SAM), are incorporated by reference into the contract.

(End of Clause) ADDENDUM to FAR 52.212-4 CONTRACT TERMS AND CONDITIONS—COMMERCIAL ITEMS Clauses that are incorporated by reference (by Citation Number, Title, and Date), have the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available.

The following clauses are incorporated into 52.212-4 as an addendum to this…