36C24224Q0009_1.docx

36C24224Q0009

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. SIGNATURE 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

36C24224Q0009 09-05-2023

KRAKOWIAK, LYNN

716-862-6385 09-14-2023

10:00AM

EDT

Department of Veterans Affairs Network Contracting Office (NCO) 2 2875 Union Road Suite 3500 Cheektowaga NY 14227 X X 561710 $17.5 Million N/A X Department of Veterans Affairs Northport VA Medical Center 79 Middleville Road Northport NY 11768 Department of Veterans Affairs Network Contracting Office (NCO) 2 2875 Union Road Suite 3500 Cheektowaga NY 14227

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

See CONTINUATION Page This solicitation is for Pest and Weed Control Services for the Northport VA Medical Center. Please see Performance Work Statement attached for complete details.

*Please check sections 52.212-1 and 52.212-2 for information on submission requirements. This procurement is set-aside for Small Businesses. There will be no site visits.

Period of Performance is 10/1/2023 - 9/30/2024 with a provision of four (4) option years.

See CONTINUATION Page X X X

ONE

Safa Shleiwet 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 Safa Shleiwet Department of Veterans Affairs Network Contracting Office (NCO) 2 2875 Union Road Suite 3500 Cheektowaga NY 14227

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.

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

B.2 PERFORMANCE WORK STATEMENT

Pest and Weed Control Services

A. BACKGROUND:

The Northport VA Medical Center (VAMC) located at 79 Middleville Road, Northport, NY 11768 has a requirement for Pest and Weed Control Services. The period of performance shall be from 10/1/2023 – 9/30/2024, with the provision of four (4) option years.

B. INTERIOR & EXTERIOR PEST CONTROL SERVICES AND HERBICIDE CONTROL:

The contractor shall furnish all supervision, labor, materials, and equipment necessary to accomplish the surveillance, trapping, pesticide application, and pest removal components of the Integrated Pest Management (IPM) program. 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. The contractor shall provide detailed, site-specific recommendations for structural and procedural modifications to aid in pest prevention. Contractor shall apply all herbicide labor, materials and equipment to remove and control weeds at Northport VAMC.

C. PESTS INCLUDED:

a. The contractor shall the following pests:

(1) Indoor populations of rats, mice cockroaches, ants, flies, spiders, and any other arthropod pests not specifically excluded from the contract.

(2) Populations of the above pests that are located outside of the specified buildings, but within the property boundaries of the Northport VAMC.

(3) Winged termite swarmers emerging indoors.

(4) Other pest populations not listed that are incidental / occasional invaders inside buildings.

b. May periodically need to be controlled:

(1) Raccoons, skunks, woodchucks, pigeons, dogs, cats, birds, bats, snakes and all other vertebrates other than commensal rodents.

(2) Termites and other wood-destroying organisms.

(3) Mosquitoes.

(4) Bees / wasps / hornets / yellow jackets

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.

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 service to address or mitigate issues relating to termites.

D. REMOVAL OF DEAD ANIMALS, DROPPINGS:

All trapped and/or dead or dying animals (i.e., geese, rodents, raccoons, opossums, skunks, squirrels, bats, birds, pigeons, etc.) shall be recovered and disposed of by the Contractor daily or whenever reported, as established by the Contracting Officer Representative. Contractor is responsible for cleaning guano, droppings, etc. in a timeframe approved by the Contracting Officer Representative.

E. INITIAL BUILDING INSPECTIONS:

The contractor shall complete a thorough, initial inspection of each building or site within 90 days after award. The purpose of the initial inspections(s) is for the contractor to evaluate the pest control needs of all premises and to identify problem areas and any equipment, structural features, or management practices that may contribute to pest infestations. Access to building space shall be coordinated with the COR.

F. PEST CONTROL PLAN

a. The contractor shall submit to the COR a pest control plan within 120 days after contract award. Upon receipt of the pest control plan, the COR will render a recommendation within 2 working days to the CO concerning the acceptability of the plan. If aspects of the pest control plan are incomplete or disapproved, the contractor shall have two (2) working days to submit revisions. The contractor shall be on-site to perform the initial service visit for each building within the first five (5) days of the contract award.

b. The pest control plan shall consist of five parts as follows:

(1) Proposed materials and equipment for service. The contractor shall provide current labels and Material Safety Data Sheets (MSDS) of all pesticides to be used, and brand names of pesticide application equipment, rodent bait boxes, insect and rodent trapping devices, pest monitoring devices, pest surveillance and detection equipment, and any other pest control devices of equipment that may be used to provide service.

(2) Proposed methods for monitoring and surveillance. The contractor shall describe methods and procedures to be used for identifying sites of pest harborage and access, and for making objective assessments of pest population levels throughout the term of the contract.

(3) Service schedule for each building or site. The contractor shall provide complete service schedules that include weekly or monthly contractor visits, specific day(s) of the week of contractor visits, and approximate duration of each visit (which are equal to or more frequent than the requirements provided by each facility i.e. Northport requires 5 day / 8 hour / day coverage and one day is evening coverage).

(4) Structural or operational changes. Description of any structural or operational change that would facilitate the pest control effort. The Contractor shall describe site-specific solutions for observed sources of pest food, water, harborage, and access. Contractor is responsible to abate simple structural repairs such as by use of caulking, screening, etc., however must get VA approval to do so prior to abating the item.

1. Commercial Pesticide Applicator Certificates or Licenses.

0. The Contractor shall provide photocopies of State-issued Commercial Pesticide Applicator Certificates or Licenses for every Contractor employee who will be applying on-site pesticides under this contract.

0. The Contractor shall be responsible for carrying out work according to the approved Pest Control Plan. The Contractor shall receive the concurrence of the COR prior to implementing any subsequent changes to the approved Pest Control Plan, including additional or replacement pesticides and on-site service personnel. The Plan is a living document and needs to be periodically reviewed and updated by the contractor with final approval being made by the COR.

G. RECORD KEEPING:

The contractor shall be responsible for maintaining a pest control logbook or file for each building or site specified in this contract. These records shall be kept on-site and maintained on each visit by the Contractor. Each logbook or file shall contain at least the following items:

a. Pest Control Plan. A copy of the Contractor’s approved Pest Control Plan, including labels and MSDS for all pesticides used in the building, and names of all pest control devices and equipment used in the building, and the Contractor’s service schedules for the building.

b. Records. Pest Control Work (Complaint Log) and Inspection Report, or an equivalent. These forms will be used to advise the Contractor of routine service requests and to document the performance of all work, including emergency work. Upon completion of a service visit to the building or site, the contractor’s employee performing the service shall sign and date the record and return it to the logbook or file on the same or succeeding day of the services rendered. Monthly summary report shall be reported to the COR at each facility. Contractor is required to generate, submit, and maintain any and all required State / Local Pesticide Application, Use and Disposal Reports for pesticides applied on VA Properties and provide a copy to the COR.

c. Contractor’s Service Report Forms. Customer copies of the Contractor’s Service Report Form, documenting all information on pesticide application required by statute in the jurisdiction where service is performed. These forms shall not be mandatory if all required information on pesticide application is included on the Pest Control Work and Inspection Report.

d. Treatment Report. Contractor shall furnish a daily treatment report after each inspection. The daily treatment report should include the areas treated / inspected, identify any pests treated, what was used for the treatment (pesticide product / traps) and any structural deficiencies needing repair. There should also be a complaint log maintained with the daily treatment report for the VA to provide any complaints that need to be addressed and the contractor’s abatement of those complaints. Monthly service record reports should include any adverse findings, structural deficiencies, and recommendations for corrective action to be reported to the facility COR. In addition, quarterly reports of all pesticides applied will be provided to the facility COR. All reports should be received by the VA facility COR no later than 15 days after the following month.

H. MANNER AND TIME TO CONDUCT SERVICE:

a. Time Frame of Service Visits. The Contractor shall perform routine pest control services that do not adversely affect patients and employee health or productivity during the regular hours of operation in buildings as specified in Section 24. When it is necessary to perform work outside of the regularly scheduled hours set forth in the Pest Control Plan, the Contractor shall notify the COR at least one (1) day in advance.

b. Safety and Health

(1) The Contractor shall observe all safety precautions throughout the performance of this contract. All work shall comply with the applicable requirements of Title 29 Code of Federal Regulations (CFR) 1910, 29 CFR 1926, and 40 CFR 751. All work shall comply with applicable state and municipal safety and health requirements. Where there is a conflict between applicable regulations, the most stringent will apply.

(2) 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.

c. Special Entrance. Certain areas within some buildings may require special instructions for persons entering them. Any restriction associated with these special areas will be explained by the COR. The Contractor shall adhere to these restrictions and incorporate them into the Pest Control Plan.

d. Uniforms and Protective Clothing. All contractor personnel working in or around buildings designated under this contract shall wear distinctive uniform clothing. The contractor shall determine the need for and provide any personal protective items required for the safe performance of work. 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.

e. Vehicles. Vehicles used by the contractor shall be identified in accordance with state and local regulations.

f. ID Badges. All contract employees must wear VA provided ID’s and must follow all VA procedures and policies including adherence with the now standing policy. All control employees must attend on initial orientation provided by VA staff for fire, safety, and infection control.

I. REQUEST FOR EMERGENCY SERVICE:

On occasion, the CO or COR may request that the Contractor perform corrective, special or emergency service(s) that are beyond routine service requests. The contractor shall respond to these exceptional circumstances and complete the necessary work within one (1) working day; the contractor shall immediately notify the CO or COR and indicate an anticipated completion date. In cases of emergency service required, Contractor response time should be within 2 hours of contact from facility.

J. CONTRACTOR PERSONNEL:

Throughout the term of this contract, all Contractor personnel providing on-site pesticide application must maintain certification as Commercial Pesticide Applicators in the category of Industrial, Institutional, Structural, and Health Related pest control. Uncertified individuals working under the supervision of a Certified Applicator will not be permitted to apply pesticides under this contract.

Contractor personnel will be required to periodically attend VA training that addresses site specific mandatory staff training on topics such as Fire Safety, Infection Control, Privacy, etc. This training will be coordinated with the COR and contract staff.

K. USE OF HERBICIDES:

The Contractor shall be responsible for application of herbicides according to the label in strict accordance with the manufacturer’s label instructions and all applicable Federal, State, and Local laws and regulations. The Contractor shall adhere to the following rules for herbicide use: The hot water delivery devices for weeds shall be used where applicable. Weed control using hot water (AKA Steam Treatment) method is required if applicable to reduce herbicides usage at VAMC Northport. This method is required for weed control along walkways, sidewalks, roadways, parking lots, driveways, curbs, loading docks and buildings. It is understood that this method is not applicable for general turf weeds as it will kill surrounding grass. Also, it is not effective against poison ivy/oak as it may cause oils from these plants to go airborne.

L. USE OF PESTICIDES:

The Contractor shall be responsible for application of pesticides according to the label. All pesticides used by the Contractor must 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. The Contractor shall adhere to the following rules for pesticide use:

a. Approved Products. The Contractor shall not apply any pesticide products that have not been included in the Pest Control Plan or approved in writing by the COR.

b. Pesticide Storage & Disposal. The Contractor shall not store or dispose of any pesticide product or container on the premises listed herein.

c. Pesticide Formulation. Contractors shall not formulate pesticides from concentrates on Department of Veterans Affairs (VA) property without written approval by the COR.

d. Application by Need. Pesticide application shall be according to need and not by schedule. As a general rule, application of pesticides in any inside or outside area shall not occur unless visual inspections or monitoring devices indicate the presence of pests in that specific area. Preventive pesticide treatments of areas where surveillance indicates a potential insect or rodent infestation are acceptable on a case-by-case basis. Written approval must be granted by the COR prior to any preventive pesticides’ application.

e. Minimization of Risk. When pesticide use is necessary the Contractor shall employ the least hazardous material, most precise application technique, and minimum quantity of pesticide necessary to achieve control.

M. INSECT CONTROL:

a. Non-pesticide Methods of Control. The Contractor shall use non-pesticide methods of control wherever possible. For example:

(1) Portable vacuums rather than pesticide sprays shall be used for initial clean-outs of cockroach infestations, for swarming (winged) ants and termites and for control of spiders in webs wherever possible.

(2) Trapping devices rather that pesticides sprays shall be used for indoor fly control wherever appropriate.

b. Application of Insecticides to Cracks and Crevices. Generally, the Contractor shall apply all insecticides as “crack and crevice” treatment only, defined in the contract as treatments in which the formulated insecticide is not visible to a bystander during or after the application process.

c. Application to Insecticides for Exposed Surfaces or as Space Sprays. Application of insecticides to exposed surfaces or as space sprays (including fogs, mists, 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 of any space spray treatment. No surface application or space spray shall be made while VA staff, patients &/or visitors 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.

d. Insecticide Bait Formulations. Bait formulations shall be used for cockroach and ant control wherever appropriate.

e. Monitoring. Sticky traps shall be used to guide and evaluate indoor insect control efforts wherever necessary.

N. RODENT CONTROL:

a. Indoor Trapping. Generally, rodent control inside occupied buildings shall be accomplished with trapping devices only. All such devices shall be affected by routine cleaning and maintenance. Trapping devices shall be checked on a schedule approved by the COR. The Contractor shall be responsible for disposing of all trapped rodents and all rodent carcasses off-site, in a manner appropriate to legal requirements for disposal.

b. Use of Rodenticides. In exceptional circumstances, when rodenticides are deemed essential for adequate rodent control inside occupied buildings, the contractor shall obtain the approval of the COR prior to making any interior rodenticide treatment. All rodenticides, regardless of packaging, shall be placed either in locations not accessible to children, pets, wildlife, and domestic animals, or in EPA approved tamper-resistant bait boxes. Generally, rodenticide application outside buildings shall emphasize the direct treatment of rodent burrows wherever feasible.

c. Use of Bait Boxes. Frequency of bait box servicing shall depend upon the level of rodent infestation. All bait boxes shall be maintained in accordance with EPA regulations, with an emphasis on the safety of non-target organisms. The Contractor shall adhere to the following five points:

(1) All bait boxes shall be placed out of the general view, in locations where they will not be disturbed by routine operations.

(2) The lids of all bait boxes shall be securely locked or fastened shut.

(3) All bait boxes shall be securely attached or anchored to the floor, ground, wall, or other immovable surface, so that the box cannot be picked up or moved.

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

(5) All bait boxes shall be labeled on the inside with the Contractor’s business name and address and dated by the contractor’s technician at the time of installation and each servicing.

O. TRAPPING OF OTHER VERTEBRATE PESTS:

Trappings must be accomplished in accordance with all Federal, State, and local laws. Disposal of trapped animals must be accomplished in the most feasible way possible. (Reference: http://www.dec.ny.gov/chemical/298.html and VHA Publications (va.gov) (Directives number 1850.02 Pest Management Operations Program).

P. STRUCTURAL MODIFICATIONS AND RECOMMENDATIONS:

Throughout the term of this contract, the Contractor shall be responsible for advising the COR about any structural, sanitary, or procedural modifications that would reduce pest food, water, harborage, or access. The Contractor shall be responsible for adequately suppressing all pests included in this contract regardless of whether the suggested modifications are implemented. The Contractor will not be held responsible for carrying out structural modifications as part of the pest control effort. However, minor applications of caulk and other sealing materials by the Contractor to eliminate pest harborage or access may be approved by the COR on a case-by-case basis. The Contractor shall obtain the approval of the COR prior to any application of sealing material or other structural modification.

Q. PROGRAM EVALUATION:

The COR will continually evaluate the progress of this contract in terms of effectiveness and safety and will require such changes as are necessary. The Contractor shall take prompt action to correct all identified deficiencies.

R. QUALITY CONTROL PROGRAM:

The contractor shall establish a complete quality control program to assure the requirements of the contract are provided as specified. Within five (5) working days prior to the starting date of the contract, the Contractor shall submit a copy of this program to the CO. The program shall include at least the following items:

a. Inspection System. The Contractor’s quality control inspection system shall cover all the services stated in this contract. The purpose of the system is to detect and correct deficiencies in the quality of services before the level of performance becomes unacceptable and/or the COR identifies the deficiencies.

b. Checklist. A quality control checklist shall be used in evaluating contract performance during regularly scheduled and unscheduled inspections. The checklist shall include every building or site serviced by the Contractor, as well as every task required to be performed.

c. File. A quality control file shall contain a record of all inspections conducted by the Contractor and any corrective actions taken. The file shall be maintained throughout the term of the contract and made available to the COR upon request.

d. Inspector(s). The Contractor shall state the names responsible for performing the quality control inspections.

S. HOURS OF COVERAGE:

All work associated within this Statement of Work shall be completed between 8:00am and 4:00pm Monday through Friday, exclusive of Federal Holidays, or other mutually agreed upon time on the designated date of service by the Contracting Officer Representative (COR) and the Contractor. There may also be times otherwise noted during an emergency.

Federal Holidays observed by the VAMC are:

*To include any other day the President declares a Federal Holiday

B.3 PRICE/COST SCHEDULE

ITEM INFORMATION

Pest and Weed Control Services Contract Period: Base POP Begin: 10-01-2023 POP End: 09-30-2024 PRINCIPAL NAICS CODE: 561710 - Exterminating and Pest Control Services PRODUCT/SERVICE CODE: S207 - Housekeeping - Insect/Rodent Control

Pest and Weed Control Services Contract Period: Option 1 POP Begin: 10-01-2024 POP End: 09-30-2025

Pest and Weed Control Services Contract Period: Option 2 POP Begin: 10-01-2025 POP End: 09-30-2026

Pest and Weed Control Services Contract Period: Option 3 POP Begin: 10-01-2026 POP End: 09-30-2027

Pest and Weed Control Services Contract Period: Option 4 POP Begin: 10-01-2027 POP End: 09-30-2028

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SECTION C - CONTRACT CLAUSES

C.1 52.212-4 CONTRACT TERMS AND CONDITIONS—COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES (DEC 2022)

(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 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. 4701 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 PRODUCTS AND COMMERCIAL SERVICES Clauses that are incorporated by reference (by Citation Number, Title, and Date), have the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available.

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

C.2 52.217-9 OPTION TO EXTEND THE TERM OF THE CONTRACT (MAR 2000)

(a) The Government may extend the term of this contract by written notice to the Contractor within 30 days; provided that the Government gives the Contractor a preliminary written notice of its intent to extend at least 60 days before the contract expires. The preliminary notice does not commit the Government to an extension.

(b) If the Government exercises this option, the extended contract shall be considered to include this option clause.

(c) The total duration of this contract, including the exercise of any options under this clause, shall not exceed five (5) years.

(End of Clause)

C.3 52.252-2 CLAUSES INCORPORATED BY REFERENCE (FEB 1998)

This contract incorporates one or more clauses by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. Also, the full text of a clause may be accessed electronically at this/these address(es):

https://www.acquisition.gov/browse/index/far https://www.va.gov/oal/library/vaar/

(End of Clause)

C.4 SUPPLEMENTAL INSURANCE REQUIREMENTS

In accordance with FAR 28.307-2 and FAR 52.228-5, the following minimum coverage shall apply to this contract:

(a) Workers' compensation and employers liability: Contractors are required to comply with applicable Federal and State workers' compensation and occupational disease statutes. If occupational diseases are not compensable under those statutes, they shall be covered under the employer's liability section of the insurance policy, except when contract operations are so commingled with a Contractor's commercial operations that it would not be practical to require this coverage. Employer's liability coverage of at least $100,000 is required, except in States with exclusive or monopolistic funds that do not permit workers' compensation to be written by private carriers.

(b) General Liability: $500,000.00 per occurrences.

(c) Automobile liability: $200,000.00 per person; $500,000.00 per occurrence and $20,000.00 property damage.

(d) The successful bidder must present to the Contracting Officer, prior to award, evidence of general liability insurance without any exclusionary clauses for asbestos that would void the general liability coverage.

(End of Clause)

C.5 VAAR 852.201-70 CONTRACTING OFFICER'S REPRESENTATIVE (DEC 2022)

The Contracting Officer reserves the right to designate representatives to act for him/her in furnishing technical guidance and advice or generally monitor the work to be performed under this contract. Such designation will be in writing and will define the scope and limitation of the designee’s authority. A copy of the designation letter shall be furnished to the Contractor.

(End of Clause)

C.6 VAAR 852.203-70 COMMERCIAL ADVERTISING (MAY 2018)

The Contractor shall not make reference in its commercial advertising to Department of Veterans Affairs contracts in a manner that states or implies the Department of Veterans Affairs approves or endorses the Contractor’s products or services or considers the Contractor’s products or services superior to other products or services.

(End of Clause)

C.7 VAAR 852.211-72 TECHNICAL INDUSTRY STANDARDS (NOV 2018)

(a) The Contractor shall conform to the standards established by: New York State Department of Environmental Conservation Division of Materials Management Bureau of Pesticides Manag. as to Applicator/Technician.

(b) The Contractor shall submit proof of conformance to the standard. This proof may be a label or seal affixed to the equipment or supplies, warranting that the item(s) have been tested in accordance with the…