36C24223Q0272.docx

36C24223Q0272

PAGE 1 OF

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.

UEI:

EFT:

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 ATTACHED

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. NOV 2021)

PREVIOUS EDITION IS NOT USABLE

Prescribed by GSA - FAR (48 CFR) 53.212

7. FOR SOLICITATION

INFORMATION CALL:

STANDARD FORM 1449

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL

PRODUCTS AND COMMERCIAL SERVICES

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

36C24223Q0272 01-26-2023

HARRIS, LISA

Lisa.Harris4@va.gov 02-17-2023 14:00

EST

Department of Veterans Affairs 400 Fort Hill Ave.

Canandaigua, NY 14424 X X 561710 $15.5 Million N/A X Department of Veterans Affairs Canandaigua VA Medical Center 400 Fort Hill Avenue Canandaigua, NY 14424 Department of Veterans Affairs Network Contracting Activity 400 Fort Hill Ave.

Canandaigua, NY 14424

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

See CONTINUATION Page This solicitation is for Pest Control Services for the following VA Medical Center(s) (VAMC):

Canandaigua VAMC, 400 Fort Hill Ave, Canandaigua, NY 14424 Bath VAMC, 76 Veterans Avenue, Bath, NY, 14810 Buffalo VAMC, 3495 Bailey Avenue, Buffalo, NY, 14215 Batavia VAMC, 222 Richmond Avenue, Batavia, NY 14020 Period of performance shall be from 03/01/2023 - 02/29/2024 with the provision of four option years. Please see attached statement of work.

Site visits are scheduled, see page 12. RSVP by 01/31/2023 at 14:00 to confirm attendance and receive location details.

All Requests for Information (RFI's) are due 02/10/2023 at 10:00 EST. All quotes and RFI's shall be sent to Lisa.Harris4@va.gov. Phone calls will not be accepted.

This procurement is set-aside for Service-Disabled Veteran Owned Small Businesses utilizing tiered evaluation procedure down to Large Business tier. For more information see section 52.212-2.

See CONTINUATION Page X X X One(1) Kimberly Wiatrowski Contracting Officer Table of Contents

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

Department of Veterans Affairs 400 Fort Hill Ave.

Canandaigua, NY 14424

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

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

B.2. STATEMENT OF WORK

The Department of Veterans Affairs, Upstate NY, VISN 02 requires Pest Control Services for the following VA Medical Center(s) (VAMC):

Canandaigua VAMC, 400 Fort Hill Avenue, Canandaigua, NY, 14424 Bath VAMC, 76 Veterans Avenue, Bath, NY, 14810 Buffalo VAMC, 3495 Bailey Avenue, Buffalo, NY, 14215 Batavia VAMC, 222 Richmond Avenue, Batavia, NY

The period of performance shall be a duration of twelve (12) months with the provision of four (4) option years.

A. GENERAL

1. The Contractor shall provide all labor, supervision, supplies, materials, equipment, and transportation to perform all operations in connection with the Integrated Rodent and Pest Management (IPM) program tasks as specified herein. All work is to be performed by qualified/certified applicators in accordance with all requirements and regulations, Federal, State, and local, governing the service requested and in accordance with the contractor’s Procedures Manual and Quality Control Manual. Provider of service shall be available to be on-site for emergencies within four (4) hours of requested service by the Contracting Officer Representative (COR).

2. All work associated within this Statement of Work (SOW) shall be completed during normal business hours, unless otherwise noted by an emergency or in an Attachment to this SOW. Normal business hours are typically 8:00 am to 4:30 pm Monday through Friday, exclusive of Federal Holidays, including any other day the President declares a Federal Holiday, (or other mutually agreed upon time) on the designated day as agreed upon by the COR and the Contractor.

Federal Holidays observed by the VAMC are: New Year’s Day, Martin Luther King Day, President’s Day, Memorial Day, Juneteenth Day, Independence Day, Labor Day, Columbus Day, Veterans Day, Thanksgiving Day, and Christmas Day.

B. AUTHORITY OF APPLICATOR(s) Certified applicators are required in the performance of the work under this contract. Each applicator designated by the Contractor to perform work under the contract will furnish a copy of his/her state certification (showing categories). This copy shall be furnished to the Contracting Officer (CO) and COR for approval and prior to reporting for work. All applicator’s uniforms shall visibly show the individual’s name and the company name to be always easily recognizable. Additionally, uniforms shall conform to the United States (U.S.) Occupational Safety and Health Administration (OSHA) standards for the products being used. In cases where the Contractor has two or more persons reporting to work under the contract, one of these shall be designated as a supervisor and must be fully certified in all pest management categories in which work is to be performed. Non-certified employees may assist the supervisor in the performance of the work if they are in immediate contact with and visible to the supervisor. The supervisor will assume all responsibility for their work. On each visit, the applicator(s) shall report to the Manager, Environmental Management Service, (EMS), prior to performing any work.

NOTE: Certification shall mean a current certificate of competency in pest management in all categories or sub-categories as identified by the state in which work is being performed under the contract. All other definitions are as defined in CFR 40 Subchapter E, Parts 162-180.

C. SCHEDULING

The Task and Frequency charts (Attachment Three (3)) and Integrated Pest Management (IPM) tasks are shown in Attachment Four (4) and the indicated time frames shall be the minimum basis for the scheduling of pest management tasks. The Contractor shall provide a work schedule to the COR prior to the contract start date. The work schedule must be approved by the COR before work begins.

The Contractor shall provide a work schedule to the COR prior to the contract start date. The work schedule must be approved by the COR before work begins.

Pest management tasks shall be scheduled and performed on definite appointed days and in no event shall the Contractor carry on work outside regular agreed-upon working days or hours without prior approval of the COR. This service shall include scheduled treatments as well as treatment required as a result of VA complaint log register.

In the event climate or weather conditions become unsuitable for work or may induce an environmental hazard, then the work shall be rescheduled to a date and time satisfactory to the Contractor and the COR. Postponement will not reflect any penalties assessed to the Contractor, nor should there be any additional cost to the Government.

The Contractor is specifically required to provide regular recurring treatment to nourishment kitchens, housekeeping aid closets, utility rooms, patient bathroom facilities and other areas throughout the facility where conditions exist that are generally considered breeding grounds for roaches. This does not limit the Contractor to only these specific sites but indicates these must be included in the treatment schedule along with other areas the Contractor determines as sites for regular treatment.

D. CONTRACTOR COORDINATION OF WORK

The Contractor shall designate a person or persons who shall have the responsibility for coordination of the contract requirements with the Government’s Contracting Officer Representative (COR). The Contractor’s Coordinator shall assure that work schedules and written reports are properly transmitted to appropriate personnel to meet contract requirements.

E. QUALITY ASSURANCE SURVIELLENCE PLAN (QASP)

The QASP under the proposed contract shall be based upon the timeliness and quality of the services provided. All work shall commence as specified and will proceed to accomplishment without undue delay. Work on this IPM program service will be performed by competent applicators, experienced and qualified to work on the specific tasks and all work performed shall be first class and in accordance with good commercial practice. These measurements are defined as:

1. Timeliness: Required services and reports are provided in accordance with the stated period of performance, scheduled timelines, and hours of operation as set forth within this solicitation package.

2. Quality:

a. Services provided under the proposed contact will be measured based upon the Government’s determination of the validity, accuracy, clarity, and usefulness of the service or if the work performance has met the requirements listed as communicated to the contractor by the Government.

b. Quality will be determined by the number and type of complaints, results of random and scheduled inspections, and the quality of reporting as defined within this statement of work.

c. A successful program will be considered satisfactory when pest numbers are being steadily reduced to the point where they are not interfering with operations, destroying property, or adversely affecting health and morale of patients, staff, and guests.

3. Average Response/Resolution to Emergency Calls: The Contractor shall respond (via phone call to COR) to emergencies within four (4) hours after notification by the COR. The Contractor shall report to perform necessary services no more than ONE (1) hour after notification or within a mutually agreed upon time.

a. Buffalo and Batavia only: On an average the Medical Center expects the occurrence of 35 emergency calls during any given Fiscal Year. Historically most emergency calls are due to bed bugs infestation/issues.

F. SERVICE CALL BACK REQUIREMENT

1. Routine Service: The Contractor shall, within 12 hours after receipt of notification by the Manager, EMS, or the COR/s; and, at no additional charge to the Government, re-treat previously treated areas when inadequate control (as per specifications) was obtained.

2. Unscheduled Service: The Contractor shall, within 24 hours after receipt of notification by the Manager, EMS, or the COR/s; and, at no additional charge to the Government, perform IPM services to correct the condition. Unscheduled visits must be approved by the COR/s.

3. Emergency Service: The Contractor shall, within four (4) hours after receipt of notification by the Manager, EMS, or COR/s; and, at no additional charge to the Government, perform IPM services to correct the emergent condition. A pest emergency refers to any sighting that may have an immediate harmful impact to patients or staff, which if not treated immediately could jeopardize the health and safety of patients, staff, and visitors (i.e., stinging insects). Not anticipated to occur more than five times per year.

4. Each service call criteria must be met to 95% satisfaction rate noted in the Quality Assurance Surveillance Plan (QASP) in section E above. Satisfaction is determined by consistency with the statement of work (i.e., identified dates of service, service call response – routine and non-routine). Failure to meet this requirement for three consecutive months may be grounds for default action.

G. TASKS

IPM Services required are as follows: The intent of the IPM program is to control and/or eliminate, if possible, insects and rodents detrimental to the health and welfare of VA Medical Center patients, employees, and visitors. IPM services may include, but not be limited to the following pest controls:

1. Inspection to determine which pest management measures are appropriate and required.

2. Recommending environmental sanitation practices that restrict or eliminate food, water, or harborage for pests.

3. Recommendation of general structural changes to eliminate pests. Recommendations shall be complete with detail of the issue and expected result.

4. Selection and utilization of non-chemical control methods which eliminate, exclude, or repel pests (i.e., insect electrocution devices, traps, caulking, air screens, etc.).

5. Selection and use of the most environmentally sound pesticide(s) to effect control when chemical control methods are necessary.

6. Provide COR with a copy of all Safety Data Sheets (SDS) and a copy of all specimen labels for all pesticides to be used at this facility. COR will forward all information to Safety.

7. Control of general structural anthropoid pests (i.e., cockroaches, ants, carpet beetles, spiders, carpenter ants, carpenter bees, etc.).

8. Control of flying inspect pests (i.e., house fly, stable fly, blow files, moths, cluster flies****, sewage flies, etc.).

9. Control of predatory pests (i.e., lice, bedbugs**, fleas, mites, ticks, bees, wasps, mosquitoes, scorpions, etc.)

10. Control of stored product pests (i.e., sawtooth grain beetle, red/confused flour beetles, Trogoderma beetles, grain moths, etc.). *

11. Control of mice and rats (i.e., house mouse, field mouse, roof rat, Norway rat, etc.).

12. Control of pest birds (i.e., pigeons, sparrows, blackbirds, etc.).

13. Control of other vertebrate pests (i.e., dogs, cats, bats***, squirrels, gophers, moles, skunks, snakes, rabbits, raccoons***** etc.).

14. All rodenticides or traps shall be placed only at times and in areas approved by the Manager, EMS or COR/s, and unused portions shall be recovered when requested by Manager EMS or COR/s or upon loss of effectiveness. The use of rodenticide shall be restricted to locations specifically approved by Manager EMS or COR/s.

15. Control of lawn and turf pests (i.e., sod webworms, Japanese beetles, larvae, armyworms, cutworms, wireworms, cinch bugs, ants, crickets, wasps, crabgrass, chickweed, broadleaf weeds, molds, blights, rusts, anthracnose, mildews, fungi, etc.). **

16. Control of shade tree and ornamental pests (i.e., aphids, scales, mealbugs, mites weevils, leaf miners, caterpillars, borers, sawflies, chafers, bacterial diseases, fungi, etc.) **

17. All trapped and dead or dying rodents shall be recovered and disposed of by the Contractor within a reasonable time limit as established by the Manager, EMS or COR/s and Contractor.

18. Control of wood destroying organisms (i.e., subterranean termites, fungi, wood boring beetles, etc.). **

19. Control of aquatic pests (i.e., mosquito larvae/pupae, algae, etc.). **

20. Evaluation of control measures through follow-up inspections.

Consists of all required control methods except fumigation.

** Treatment of this type, (i.e., subterranean termites, drywood termites, fungi, wood boring beetles, etc.), may be needed services for pest control treatment. However, these services shall be paid with a separate purchase order. Vendor shall provide proof of capability to supply services, if needed.

*** Expectation of bat work is to collect dead bats and monitor the bat activity to provide recommendations for corrective action.

**** Cluster fly treatment to occur annually at the end of August and must be scheduled at least 5 days in advance and time/date agreed upon by COR or EMS representative.

***** Wildlife Control: If wildlife such as, but not limited to: raccoons, squirrels, skunks, or bats become a nuisance in or around the facilities, the contractor will provide humane removal under the guidelines of applicable state and federal regulations. Often wildlife calls will be emergencies and should be responded to within one (1) hour or less. If human and animal contact has occurred, it may be required to provide the captured animal to the County Department of Health for testing.

H. SPECIAL PROVISIONS

The following provisions shall be adhered to by the Contractor personnel in performing pesticide applications of the areas specified below:

1. Food Handling Areas: Treatment of these areas is limited to only times when food is not being held, processed, prepared, served and while un-occupied

2. Patient Occupied Areas: Contractor personnel shall utilize pesticides with as low a volatility and as odor free as possible to keep odor levels from affecting patients, staff members, and visitors in these areas.

3. Elevators: The Contractor personnel shall at no time while in the possession of pesticides or application equipment enter facility elevators which are occupied by food service equipment.

4. Critical Areas: The Contractor shall submit a list of pesticides for intended use in areas listed below for approval by the Manager, Environmental Management Service prior to any application. The planned use of pesticides in these areas requires recognition of the attendant hazards to occupants, supplies, equipment, and surfaces. No substitution can be made at any time without approval from the Manager, Environmental Management Service.

Critical Areas for Canandaigua Campus and Bath Campus (unless otherwise noted):

Pharmacy Community Living Centers Outpatient Care Units Respiratory Care Areas Kitchens Nutrition and Food Service Canteen or Vending Areas Medical Supply Distribution Patient Care Areas (as identified by COR)

Bath Campus Only:

Intensive Care Units Bath Only Hoptel

1. When space treatment is required in these areas the Ultra Low Volume (ULV) method of pesticide application shall be utilized with approved equipment capable of delivering a particle size range of .5 to 15 microns.

2. Material Safety Data Sheets (MSDS) of all chemicals anticipated for use during the life of the contract shall be provided with quote.

I. INTERFERENCE TO NORMAL FUNCTION

Contractor personnel are 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, visitors, equipment, and carts.

J. STORAGE OF PEST CONTROL MATERIALS

No pest control materials or equipment shall be stored or kept at the VA Medical Center when the applicator is not working.

K. DISPOSAL OF HAZARDOUS WASTES

The Contractor shall not dispose of any excess pesticide containers, or any other materials contaminated by pesticides at any location on the medical facility premises.

L. LOG SERVICES

On each visit, services attended to control IPM complaints by the Contractor shall be recorded in the station’s complaint logbook. This is in the Environmental Management Safety office and shall follow the standard operating procedures identified.

M. REPORT OF SERVICE

Canandaigua Campus:

Contractor personnel will sign in at the beginning of their scheduled work shift and out at the end of their work shift. This will be done at the Manager, Environmental Management Service’s office, building (6), basement, room (5). Contractor to provide a tentative Contractor itinerary for the tour of duty. Itinerary to be provided directly to the Manager, Environmental Management Service or COR/s for approval.

The Contractor personnel will complete and submit to the Manager, Environmental Management Service a detailed report of that day’s service. All IPM services performed during the work shift will be documented.

Bath Campus:

Contractor personnel will sign in at the beginning of their scheduled work shift and out at the end of their work shift. This will be done at the Manager, Environmental Management Service’s office in building (84) room (108). Contractor to provide a tentative Contractor itinerary for the tour of duty. Itinerary to be provided directly to the Manager, Environmental Services and COR for approval.

The Contractor personnel will complete and submit to the Manager, Environmental Management Service a detailed report of that day’s service. All IPM services performed during the work shift will be documented.

Buffalo and Batavia Campuses:

Contractor shall report to the Environmental Management Service (EMS) office, sign out badge and obtain complaints forms. Contractor shall conduct regular service and address complaints. Complaints received shall be placed in a folder for the next service date. Pest Controller to check out with COR and let her/him know if any work orders are needed from that day’s service call. All IPM services performed during the work shift will be documented.

Special Entrance: Certain areas within some buildings may require special instructions for persons entering them. Any restrictions associated with these special areas will be explained by the COR. The Contractor shall adhere to these restrictions.

Facility Keys: Contractor shall ask COR or EMS Representative for keys to sign out and return them at end of each service call. Keys shall NOT leave the facility. If facility keys are lost by contractor, contactor is responsible for payment to replace locks and keys. For after-hours service calls the Contractor shall report to the VA Police. Keys:

· Buffalo is obtained in the EMS office

· Batavia in the engineering office.

Facility Contractor Badge: Contractor shall sign out badge from EMS office at beginning of service and sign back in badge at end of service call. Badges shall NOT leave the facility. For after-hours service calls the Contractor shall report to the VA Police.

Badges are obtained in the EMS offices in Buffalo and Batavia locations:

· Buffalo Office is in Building 1, Room E-8

· Batavia Office is in Building 3, Room 104

Contractor shall fill out inspection report at end of service call, a copy will be provided to the COR or his/her designee at the completion of each service. They should be dated and indicate time in/out and signed by technician. The VA Inspection Report and Complaint Form are attached below. There will be one point of contact for the VA, the COR or their designee, complaints will be provided to the contractor by this contact person.

The inspection report will detail conditions found, service(s) provided, chemical(s) used and structure and sanitation issues. The contractor will also recommend appropriate actions that are consistent with Federal, State, Municipality, Joint Commission, and OSHA regulations. Where there is a conflict between applicable regulations, the most stringent will apply. Contractor shall report any structural weaknesses with regards to pest control to the COR in writing. Contractor must communicate in person with EMS prior to and immediately after service and will submit all documentation as defined herein.

Contractor shall fill out the information below monthly and supply copy to EMS, can be faxed to 716-862-8618, emailed to COR or dropped off on first service call of new month.

PEST CONTROL SERVICES

MONTH / YEAR __

HERBICIDES

RODENTICIDES

INSECTICIDE

MONTHLY TOTAL

All Locations:

Contractor is responsible for supplying, completing, and submitting all reports required or requested by Federal, State, or local ordinances which pertain to any duties contained in the contract.

The Contractor will be required to furnish the VA Medical Center, prior to initial application of pesticides: Safety Data Sheets (SDS), the trade names (if any) and chemical names of the chemicals used and a label showing the contents, the use strength of the chemical as applied and the antidote thereto. Contractor will furnish the same information each time he changes chemicals or products used in the performance of this contract. This information is required to be provided no more than one (1) week prior to any treatments to the Medical Service for emergency treatment in the event of ingestion of and/or contact with the material by humans.

N. RECORDS

The Contractor shall maintain a complete, orderly, and chronological file, copies of all reports as required by these specifications. A record of all call backs and treatments shall be kept by the Contractor indicating any difficulty experienced and the corrective measures taken to eliminate these difficulties. The file shall be available for inspection upon request and a copy of this complete file will be furnished to the VA Medical Center during the last month of the contract period.

O. SAFETY

In the performance of this contract, the Contractor shall take such safety precautions as the CO or COR may determine to be reasonably necessary to protect the lives and health of occupants of the building. The CO or COR will notify the Contractor of any noncompliance with the foregoing provisions and the action to be taken. The Contractor shall, after receipt of such notice, immediately correct the conditions to which attention has been directed. Such notice, when served on the Contractor or his/her representative at the site of the work, shall be deemed sufficient for the purpose aforesaid. If the Contractor fails or refuses to comply promptly, the CO may issue an order stopping all and any part of the work and hold the Contractor in default.

P. LICENSES AND/OR PERMITS

The Contractor must have all necessary licenses and/or permits required to perform all work under the contract prior to submission of its quote. Licensures and/or permits shall be provided with submission of quote.

Required Licensures:

· Pesticide Business Registration, NYS DEC

· NYS DEC 3A – Ornamentals, Shade Trees & Turf License

· NYS DEC 5B – Aquatic Insect & Miscellaneous Aquatic Organisms Control License

· Commercial Pesticide Applicator or Technician in New York state.

Q. ATTACHMENTS

The following are attachments to the solicitation and resulting contract:

1. Maps of Bath, Canandaigua, Buffalo, and Batavia Campuses

2. List of Area or Buildings to be Serviced

3. Task and Frequency Charts

a. Bath

b. Canandaigua

c. Buffalo and Batavia

4. Integrated Pest Management Operations Report (IPMO) for Bath, Canandaigua, Buffalo, and Batavia VAMC’s

5. QASP’s for Bath, Canandaigua, Buffalo, and Batavia VAMC’s

R. SITE VISITS

Batavia VAMC, 222 Richmond Avenue, Batavia, NY

· Wednesday, February 1, 2023 at 1:00 pm EST

Canandaigua VAMC, 400 Fort Hill Avenue, Canandaigua, NY, 14424

· Thursday, February 2, 2023 at 1:00 pm EST

Buffalo VAMC, 3495 Bailey Avenue, Buffalo, NY, 14215

· Wednesday, February 8, 2023 at 1:00 pm EST

Bath VAMC, 76 Veterans Avenue, Bath, NY, 14810

· Thursday, February 9, 2023 at 1:00 pm EST

B.2 PRICE/COST SCHEDULE

ITEM INFORMATION

Buffalo and Batavia Pest Control Contract Period: Base POP Begin: 06-01-2023 POP End: 02-29-2024 PRINCIPAL NAICS CODE: 561710 - Exterminating and Pest Control Services PRODUCT/SERVICE CODE: S207 - Housekeeping - Insect/Rodent Control

0001AA

Buffalo Routine Monthly Pest Control Services

POP Begin: 06-01-2023 POP End: 02-29-2024

0001AB

Batavia Routine Monthly Pest Control Services

POP Begin: 06-01-2023 POP End: 02-29-2024

0001AC

Buffalo and Batavia Pest Control Emergency Service Call per Hour

POP Begin: 06-01-2023 POP End: 02-29-2024

Canandaigua Integrated Pest Management

POP Begin: 03-01-2023 POP End: 02-29-2024

0002AA

Canandaigua Routine Monthly Pest Control Services

POP Begin: 03-01-2023 POP End: 02-29-2024

0002AB

Canandaigua Annual Cluster Fly Spray - performed at end of August

POP Begin: 03-01-2023 POP End: 02-29-2024

Bath Pest Control Services

POP Begin: 03-01-2023 POP End: 02-29-2024

0003AA

Bath Routine Monthly Pest Control Services Service

?? includes bedbug removal services at no additional cost??

Contract Period: Base POP Begin: 03-01-2023 POP End: 02-29-2024

0003AB

Bath Annual Cluster Fly Service completed in August/September of each contract year

POP Begin: 03-01-2023 POP End: 02-29-2024

Buffalo and Batavia Pest Control Contract Period: Option 1 POP Begin: 03-01-2024 POP End: 02-28-2025

1001AA

Buffalo Routine Monthly Pest Control Services

POP Begin: 03-01-2024 POP End: 02-28-2025

1001AB

Batavia Routine Monthly Pest Control Services

POP Begin: 03-01-2024 POP End: 02-28-2025

1001AC

Buffalo and Batavia Pest Control Emergency Service Call per Hour

POP Begin: 03-01-2024 POP End: 02-28-2025

Canandaigua Integrated Pest Management

POP Begin: 03-01-2024 POP End: 02-28-2025

1002AA

Canandaigua Routine Monthly Pest Control Services

POP Begin: 03-01-2024 POP End: 02-28-2025

1002AB

Canandaigua Annual Cluster Fly Spray - performed at end of August

POP Begin: 03-01-2024 POP End: 02-28-2025

Bath Pest Control Services

POP Begin: 03-01-2024 POP End: 02-28-2025

1003AA

Bath Routine Monthly Pest Control Services Service

Contract Period: Option 1 POP Begin: 03-01-2024 POP End: 02-28-2025

1003AB

Bath Annual Cluster Fly Service completed in August/September of each contract year

POP Begin: 03-01-2024 POP End: 02-28-2025

Buffalo and Batavia Pest Control Contract Period: Option 2 POP Begin: 03-01-2025 POP End: 02-28-2026

2001AA

Buffalo Routine Monthly Pest Control Services

POP Begin: 03-01-2025 POP End: 02-28-2026

2001AB

Batavia Routine Monthly Pest Control Services

POP Begin: 03-01-2025 POP End: 02-28-2026

2001AC

Buffalo and Batavia Pest Control Emergency Service Call per Hour

POP Begin: 03-01-2025 POP End: 02-28-2026

Canandaigua Integrated Pest Management

POP Begin: 03-01-2025 POP End: 02-28-2026

2002AA

Canandaigua Routine Monthly Pest Control Services

POP Begin: 03-01-2025 POP End: 02-28-2026

2002AB

Canandaigua Annual Cluster Fly Spray - performed at end of August

POP Begin: 03-01-2025 POP End: 02-28-2026

Bath Pest Control Services

POP Begin: 03-01-2025 POP End: 02-28-2026

2003AA

Bath Routine Monthly Pest Control Services Service

Contract Period: Option 2 POP Begin: 03-01-2025 POP End: 02-28-2026

2003AB

Bath Annual Cluster Fly Service completed in August/September of each contract year

POP Begin: 03-01-2025 POP End: 02-28-2026

Buffalo and Batavia Pest Control Contract Period: Option 3 POP Begin: 03-01-2026 POP End: 02-28-2027

3001AA

Buffalo Routine Monthly Pest Control Services

POP Begin: 03-01-2026 POP End: 02-28-2027

3001AB

Batavia Routine Monthly Pest Control Services

POP Begin: 03-01-2026 POP End: 02-28-2027

3001AC

Buffalo and Batavia Pest Control Emergency Service Call per Hour

POP Begin: 03-01-2026 POP End: 02-28-2027

Canandaigua Integrated Pest Management

POP Begin: 03-01-2026 POP End: 02-28-2027

3002AA

Canandaigua Routine Monthly Pest Control Services

POP Begin: 03-01-2026 POP End: 02-28-2027

3002AB

Canandaigua Annual Cluster Fly Spray - performed at end of August

POP Begin: 03-01-2026 POP End: 02-28-2027

Bath Pest Control Services

POP Begin: 03-01-2026 POP End: 02-28-2027

3003AA

Bath Routine Monthly Pest Control Services Service

Contract Period: Option 3 POP Begin: 03-01-2026 POP End: 02-28-2027

3003AB

Bath Annual Cluster Fly Service completed in August/September of each contract year

POP Begin: 03-01-2026 POP End: 02-28-2027

Buffalo and Batavia Pest Control Contract Period: Option 4 POP Begin: 03-01-2027 POP End: 02-28-2028

4001AA

Buffalo Routine Monthly Pest Control Services

POP Begin: 03-01-2027 POP End: 02-28-2028

4001AB

Batavia Routine Monthly Pest Control Services

POP Begin: 03-01-2027 POP End: 02-28-2028

4001AC

Buffalo and Batavia Pest Control Emergency Service Call per Hour

POP Begin: 03-01-2027 POP End: 02-28-2028

Canandaigua Integrated Pest Management

POP Begin: 03-01-2027 POP End: 02-28-2028

4002AA

Canandaigua Routine Monthly Pest Control Services

POP Begin: 03-01-2027 POP End: 02-28-2028

4002AB

Canandaigua Annual Cluster Fly Spray - performed at end of August

POP Begin: 03-01-2027 POP End: 02-28-2028

Bath Pest Control Services

POP Begin: 03-01-2027 POP End: 02-28-2028

4003AA

Bath Routine Monthly Pest Control Services Service

Contract Period: Option 4 POP Begin: 03-01-2027 POP End: 02-28-2028

4003AB

Bath Annual Cluster Fly Service completed in August/September of each contract year

POP Begin: 03-01-2027 POP End: 02-28-2028

Page 1 of Page 1 of

SECTION C - CONTRACT CLAUSES

C.1 52.212-4 CONTRACT TERMS AND CONDITIONS—COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES (NOV 2021)

(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 Federal Acquisition Regulation (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 FAR 32.608-2 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…