36C25221Q0733 - Pest Control JB.docx

36C25221Q0733

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.

DUNS:

DUNS+4:

PHONE:

FAX:

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

SEE ADDENDUM

19.

20.

21.

22.

23.

24.

ITEM NO.

SCHEDULE OF SUPPLIES/SERVICES

QUANTITY

UNIT

UNIT PRICE

AMOUNT

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

25. ACCOUNTING AND APPROPRIATION DATA

26. TOTAL AWARD AMOUNT (For Govt. Use Only) 27a. SOLICITATION INCORPORATES BY REFERENCE FAR 52.212-1, 52.212-4. FAR 52.212-3 AND 52.212-5 ARE ATTACHED. ADDENDA

ARE

ARE NOT ATTACHED.

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

ARE

ARE NOT 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. 2/2012)

PREVIOUS EDITION IS NOT USABLE

Prescribed by GSA - FAR (48 CFR) 53.212

7. FOR SOLICITATION

INFORMATION CALL:

STANDARD FORM 1449

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

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS

36C25221Q0733 05-14-2021 Gayles,Antaeus 414-844-4800 05-28-2021 15:00

CDT

36C252 Department of Veterans Affairs Great Lakes Acquisition Center (GLAC) 3001 Green Bay Road North Chicago

IL

60064 X X 561710 $12 Million N/A X

36C252 Department of Veterans Affairs Great Lakes Acquisition Center (GLAC) 3001 Green Bay Road North Chicago

IL

60064

See CONTINUATION Page Pest Control Jesse Brown VA Hospital 820 S Damen Ave Chicago Il 60612 Site Visit: 5/24/2021 @ 10:00am Damen side entrance please meet in center hallway Please RSVP NLT 3pm on 5/23/2021 to antaeus.gayles@va.gov POC: Antaeus Gayles Email.com antaeus.gayles@va.gov See SOW below for Contract details POP 6/01/2021 thru 5/31/2022 One Option year Wage Determination No.: 2015-5017 Revision No.: 16 See CONTINUATION Page X X X Antaeus Gayles Contract Officer Table of Contents

SECTION B - CONTINUATION OF SF 1449 BLOCKS

B.1 CONTRACT ADMINISTRATION DATA (continuation from Standard Form 1449)

OFFERORS MUST COMPLETE AND RETURN ALL INFORMATION DESIGNATED HEREIN PRIOR TO THE TIME SPECIFIED IN BLOCK 8 OF SF 1449 IN ORDER TO BE CONSIDERED FOR AWARD.

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

1. CONTRACT ADMINISTRATION: All contract administration matters will be handled by the following individuals:

a. CONTRACTOR:

CONTRACTOR NAME _____________________________________

ADDRESS ________________________________________________

CITY-STATE-ZIP __________________________________________

POINT OF CONTACT/TITLE ________________________________

DUNS NUMBER NO. ______________________________________

CONTRACTOR’S PAST PERFORMANCE POINT OF CONTACT

(IF DIFFERENT THAN ABOVE):

NAME: __________________________________________

EMAIL ADDRESS:_________________________________

b. GOVERNMENT: Antaeus Gayles Contracting Officer

CONTRACTING OFFICE CODE: 36C252

MILWAUKEE WI 53214

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

a. FAR 52.232-33 PAYMENT BY ELECTRONIC FUNDS TRANSFER – SYSTEM FOR AWARD MANAGEMENT (OCT 2018)

3. INVOICES:

a. Invoices shall be submitted (monthly.) in arrears in accordance with: 852.232-72 ELECTRONIC SUBMISSION OF PAYMENT REQUESTS (NOV 2018)

b. Payments shall be made in arrears upon receipt of a properly prepared invoice

c. In order to comply with the Improper Payment Elimination and Recovery Act of 2010 (IPERA), the VA has mandated electronic invoice submission to the Veterans Affairs Financial Services Center (VAFSC). VAFSC has partnered with Tungsten Network e-Invoicing network, for submissions of all electronic invoices to VA. Tungsten Network electronic invoicing is free to all VA vendors. In order to submit electronic invoices, all VA vendors must register with Tungsten Network by submitting an email to VA.Registration@Tungsten-Network.com or calling 1-877-752-0900 option 2 for Enrollment.

d. Contractor shall submit an electronic invoice by the tenth (10th) of the following month services were performed to the Veterans Affairs Financial Services Center (VAFSC) e-Invoice through the website at https://portal.Tungsten-Network.com/Login.aspx. For questions regarding the submission of VA electronic invoices, Tungsten Network customer service may be contacted at 1-877-489-6135.

e. All invoices shall reference the vendor name and address, customer name, contract number, appropriate obligation/funding order number, description of services provided, quantity, unit price, and total invoice amount (any additional info). Invoices shall also include any payment discount terms.

4. GOVERNMENT INVOICE ADDRESS (See SF1449 Block 18):

a. All invoices from the contractor shall be submitted electronically in accordance with 852.232-72 ELECTRONIC SUBMISSION OF PAYMENT REQUESTS (NOV 2018)

b. Facsimile, e-mail, and scanned documents are not acceptable forms of submission for payment requests.

c. VA’s Electronic Invoice Presentment and Payment System – The Veterans Affairs Financial Services Center (VAFSC) uses a third-party contractor, Tungsten Network e-Invoice, to transition vendors from paper to electronic invoice submission. Please go to this website: http://www.tungsten-network.com/customer-campaigns/veterans-affairs-us/ to begin submitting electronic invoices, free of charge.

d. As of July 1, 2020, the VA10091 form has been eliminated and the VAFSC is requiring our vendors to update and add their information in the Customer Engagement Portal (CEP) at https://www.cep.fsc.va.gov/. This is for new vendors being added to FMS only.

e. For assistance setting up e-Invoice, the below information is provided:

i. * Tungsten Network e-Invoice Setup Information: 1-877-489-6135

* Tungsten Network e-Invoice email: VA.Registration@Tungsten-Network.com

* FSC e-Invoice Contact Information: 1-877-353-9791

* FSC e-invoice email: vafsccshd@va.gov

ACQUISITION OF COMMERCIAL ITEMS:

This Request for Quote (RFQ) solicitation is issued under the authority of FAR Part 12 Acquisition of Commercial Items and FAR Part 13 Simplified Acquisition Procedures. FAR Part 15 will not be used. The procedures in Part 12 used in conjunction with Part 13 allow the Government to procure services resembling those in the commercial marketplace and streamline the procurement process. From this RFQ, the Government intends to award a firm-fixed price contract where the contractor provides a price that is not subject to any adjustment on the basis of the contractor’s cost experience in performing the contract.

5. RFQ QUESTIONS:

In order to maintain integrity of this solicitation and subsequent award date, all offerors are advised that any question and answer requests must be submitted in a written form via e-mail to the Contracting Officer antaeus.gayles@va.gov no later than May 25, 2021 AT 4:00pm (CST). Contracting will issue a consolidated response via solicitation amendment to https://beta.sam.gov Contract Opportunities within 2 business days to all parties

6. CONTRACTING OFFICER AUTHORITY:

The Contracting Officer is the only person authorized to approve changes or modify any of the requirements under this contract. The Contractor shall communicate with the Contracting Officer on all matters pertaining to contract administration. Only the Contracting Officer is authorized to make commitment or issue changes that will affect price, quantity or quality of performance of this contract. In the event the Contractor effects any such change at the direction of any person other than the Contracting Officer, the change shall be considered to have been made without authority and no adjustment will be made in the contract price to cover any increase in cost incurred thereof.

7. SITE VISIT:

It is strongly suggested and expected that the offeror inspect the campus to be serviced to fully understand the nature of the work and the conditions under which the work is to be performed. In no case shall failure to inspect the campus constitute grounds for a claim after contract award.

SITE VISIT IS SCHEDULED FOR Monday May 24, 2021 AT 10:00 AM CST. ALL INTERESTED PARTIES TO MEET Contracting Officer Antaeus Gayles at Jesse Brown VA Hospital 820 S Damen Ave Chicago Il 60612. Please meet at main entrance on Damen Ave information desk after Covid screening.

PLEASE NOTE: WHILE ON CAMPUS, ALL PERSONS WILL BE REQUIRED TO WEAR MASKS INSIDE ANY VAMC BUILDING AND WHILE TRAVELING IN VEHICLES FOR PURPOSES OF THE SITE VISIT.

8. PARKING, SMOKING AND VA REGULATIONS:

a. It is the responsibility of the Contractor to park in the appropriate designated parking areas. Information on parking is available from the VA Police Section. The VA will not invalidate or make reimbursement for parking violations of the Contractor under any conditions.

b. All VA facilities are drug free.

c. All contractor personnel are required to adhere to all VA rules and regulations.

d. Smoking is prohibited on the entire campus, both inside and outside the VA Facility

e. Possession of weapons is prohibited. Enclosed containers, including tool kits, shall be subject to search. Violations of VA regulations may result in citation answerable in the United States (Federal) District Court, not a local district, state, or municipal court.

f. VHA DIRECTIVE 1192: This Veterans Health Administration (VHA) directive establishes policy and provides guidance for the prevention of seasonal influenza in VHA facilities through the vaccination or masking of health care personnel (HCP). AUTHORITY: Title 38 United States Code (U.S.C.) 7301(b), 7318(b). Contractor is responsible for providing face masks and influenza vaccines for all employees working at a VA facility. If Directive 1192 is applicable the Contractor, in conjunction with the Contracting Officer Representative (COR), is responsible in ensuring that all aspects of this directive are implemented.

9. SECURITY & PRIVACY CONTROL:

B.3 PERFORMANCE WORK STATEMENT

Integrated Pest Management Services for the Jesse Brown VA VAMC A. Overview: The purpose of this Contract is to provide Integrated Pest Management Services for all buildings located on the campus of the Jesse Brown VA Medical Center, 820 S. Damen Avenue, Chicago, Illinois, 60612, in accordance with VHA Directive 1850.02(1), see Section D, Attachment. The period of performance shall be from the date of award to 52 weeks.

1. The Contractor shall provide all personnel, equipment, supplies, facilities, transportation, tools, materials, supervision, and other items and non-personal services necessary to perform Integrated Pest Management Services as defined in this Performance Work Statement. The Government shall not exercise any supervision or control over the contract service providers performing the services herein. Such contract service providers shall be accountable solely to the Contractor who, in turn is responsible to the Government.

B. Purpose of Contract: The purpose of the Integrated Pest Management Services provided under this Contract is to provide for the health and well-being of Jesse Brown VA patients, staff, and visitors through the process of long-term, environmentally sound pest-suppression strategies utilizing a wide variety of technological and managerial practices with full consideration given to alternatives to the use of pesticides.

C. Scope of Coverage.

1. Jesse Brown VA Campus: The following buildings located on the Jesse Brown VA campus shall be covered under this Contract:

a. Main Campus Buildings: All Pavilions and spaces at the main campus, including the Temp Building (Engineering area), and all other buildings added after execution of this Contract.

b. Outer Buildings: Building 5 (Police Service) and all other buildings added after execution of this Contract.

2. Pest Control: Control of the following pests are covered under this Contract:

a. General structural arthropod pests should include, at minimum: roaches, ants, beetles, water bugs, silverfish, and spiders;

b. Flying insect pests should include, at minimum: flies, mosquitoes, bees, and wasps, including removal and proper disposal of bee and wasp nests;

c. Predatory pests should include, at minimum: lice, bedbugs, fleas, mites, ticks, chiggers and scorpions;

d. Stored product pests should include, at minimum: beetles and moths;

e. Rodents should include, at minimum: mice and rats;

f. Bird pests should include, at minimum: pigeons, sparrows, starlings, and blackbirds;

g. Other vertebrate pests should include, at minimum: dogs, cats, bats, squirrels, gophers, moles, skunks, snakes, rabbits, and raccoons; and

h. Wood destroying organisms should include, at minimum: termites, fungi, wood boring beetles, carpenter ants, and carpenter bees.

D. Contract Execution:

1. Contractor’s POC: The primary point-of-contact for execution of this Contract is the Contracting Officer’s Representative (“COR”), Ms. Antoinette Byrd, who can be reached at (312) 569-7147. The COR does not have the authority to alter the terms of this Contract; the only person with that authority is the Contracting Officer (“CO”). The Contractor shall not perform any work outside the scope of this Contract unless specially authorized by the CO.

2. Integrated Pest Management Plan (“IPM” Plan): The Contractor shall develop an IPM Plan, which shall establish the strategy and methods for conducting a safe, effective, and environmentally sound pest management program and shall comply with the requirements of VHA Directive 1850.02(1), attached hereto as Attachment 1, and be approved by the COR.

The Contractor shall execute the approved IPM Plan and update the IPM Plan as changing circumstances dictate, with COR approval. The COR, in the COR’s sole judgment, shall determine whether the Contractor has satisfactorily met the requirements of the IPM Plan and this Performance Work Statement. The Contractor shall maintain a current copy of the IPM Plan via a web-based system set forth in subparagraph 12, below. The IPM Plan shall address the following:

a. Control of all pests set forth in Paragraph C.2 in the areas of the Jesse Brown VA campus set forth in Paragraph C.1, above;

b. Exterior treatment, to be conducted in the Spring and Fall, for outdoor including, at minimum: Asian lady beetles, box elder bugs, spiders, ants, and clover mites;

c. Inspection and reporting of structural integrity specific to pest control including, at minimum: doors, windows, lighting, caulking, storage and handling areas (specifically incoming pallets), and product storage areas;

d. Recommended sanitation practices including, at minimum: proper waste disposal, food handling and disposal, and standing water;

e. Consideration, selection, and utilization of non-chemical control methods including, at minimum: insect electrocution devices, traps, caulking, and air screens;

f. Selection and judicious use of the most environmentally sound pesticide(s) when chemical control methods are necessary;

g. Submission of a list of pesticides to be utilized in certain critical areas, including: Pharmacy, food production and service areas, Operating Rooms, Intensive Care Units, Respiratory Care Units, and Reprocessing Unit;

h. Removal and proper disposal all dead or dying animals in a timely manner;

i. Evaluation of control measures through follow-up inspections;

j. Education for Jesse Brown VA personnel to minimize pests;

k. Notification/Posting of signage in areas treated by pesticides; and

l. Compliance with all applicable laws, regulations, and rules, by agencies including, at minimum: the Environmental Protection Agency (“EPA”), the Occupational Safety and Health Administration (“OSHA”); and all other state and local regulations.

3. Special Pesticide Application Requirements:

a. Food Handling Areas: Treatment of these areas is limited only to times when food is not being processed, prepared, or served.

b. Elevators: Contractor personnel shall not enter or remain in an elevator that is occupied by patients or food service equipment while in the possession of pesticides or application equipment.

c. Patient Occupied Areas: The Contractor shall utilize pesticides with the lowest possible volatility and as odor-free as possible in these areas.

4. Special Requirements for Rodenticides/Traps: All rodenticides or traps shall be placed only at times and in the areas approved by the COR. Rodenticides and/or traps shall be replaced as necessary, per manufacturer recommendations. No pest control material or trap shall be placed where it may be accessed by patients, nor shall such material be allowed to contact food or cooking utensils. The use of rodenticides shall be used in accordance with current EPA rules and regulations, and all applicable codes. A record in duplicate shall be made of the location where each portion of any such rodenticide and/or trap is placed; one copy is to be retained by the Contractor and one copy is to be left with the COR.

5. List of Pesticides/Chemicals: The Contractor shall provide to the COR, prior to the initial application of pesticides and/or chemicals and updating as necessary, three (3) copies of a list that includes the following information for each pesticide/chemical to be used under the IPM Plan:

a. trade name;

b. chemical name;

c. a label showing contents of the chemical;

d. the strength used;

e. method of application;

f. antidote or other emergency treatment; and

g. the EPA Safety Data Sheet.

6. Illinois Certification/Licensure: The Contractor and each one of its Pesticide Applicators shall be currently certified and licensed by the Illinois Department of Public Health. The Contractor shall maintain copies of the current certificate/license for each Pesticide Applicator performing work under this Contract via a web-based system set forth in subparagraph 12, below.

7. Frequency of Visits: The Contractor shall establish a regular schedule to provide weekly services three (3) times per week as needed in conformance with the IPM Plan (or the next Business Day if the scheduled day falls on a Federal holiday). The Contractor shall ensure a current copy this schedule is delivered to the COR located in the Environmental Management Service Main Office, Taylor Pavilion, Room 3270. Any visit conducted outside this schedule shall be coordinated with the COR with at least two (2) Business Days’ notice.

a. Routine Call Back: The Contractor shall respond within one (1) Business Day after being contacted by the COR, at no additional cost to the Government, when in the COR’s sole judgment and discretion, retreatment/continuation of treatment of an area is necessary.

b. Emergency Call Back: In the event of an emergency, in the COR’s sole judgment and discretion, at no additional cost to the Government, the Contractor shall respond within four (4) hours, between the hours of 8:00 a.m. and 4:00 p.m. any day of the week, to make all reasonable efforts to mitigate the circumstances of such emergency.

8. Non-interference with Jesse Brown VA’s Functions: The Contractor shall interrupt its work at any time so as to not interfere with the normal functioning of the facility, including utility services, fire protection systems, and passage of facility patients, personnel, equipment and carts. In the event of an emergency, Contractor services shall be stopped and rescheduled to a date and time mutually satisfactory to the Contractor and the COR, at no additional cost to the Government.

9. Inclement Weather/Environmental Hazards: In the event weather conditions become unsuitable for work, pesticide treatment may adversely affect patients, visitors, or staff, and/or may induce an environmental hazard, the Contractor shall cease work and reschedule to a date and time mutually satisfactory to the Contractor and the COR, at no additional cost to the Government.

10. Closed Buildings/Secured Areas: Arrangements for treatment of all closed buildings or secured areas must be made in advance with the COR or the COR’s designee.

11. Treatment Report: The Contractor shall submit a written report at the conclusion of each visit to the COR in the Environmental Management Service Main Office, Taylor Pavilion, Room 3270, such report to be signed by the Jesse Brown VA supervisor responsible for the area being treated to signify work completion. Reports shall include the following information:

a. Date of service;

b. Target pest(s);

c. Location of the specific room, area, or building where the work is performed;

d. Operational activity or function, e.g., baiting, spraying, dusting, trapping, mechanical, structural;

e. Pesticide(s) used;

f. EPA registration number of the pesticide;

g. Percentage of mix used in dilution;

h. Amount of pesticide used expressed in pounds of active ingredient; and

i. Applicator or operator and the applicator’s certification identity.

12. Online Access to Information: The following information shall be accessible via a web-based system (*indicates mandatory information):

a. *Monthly Customer Service History;

b. *Monthly Pest Activity Tracking;

c. *Monthly Pesticide Usage Tracking;

d. *A current copy of the IPM Plan, as set forth in subparagraph 2, above;

e. *Copies of each current certificate/license for each Pesticide Applicator performing work under this Contract, as set forth in subparagraph 6, above;

f. Quotes/Estimates;

g. Scheduling;

h. Accounts Payable;

i. Billing & Invoicing; and

j. Dispatch Management.

E. On-Campus Work Requirements: During any visit to the Jesse Brown VA campus under the terms of this Contract, the Contractor including its employees, agents, and subcontractors (collectively “the Contractor”), shall comply with all VA policies. Failure to comply with VA policies shall be a violation of Federal law and shall result in charge(s) answerable in the United States District Court. Specific policies including, at minimum:

1. Business Day: All work performed under this Contract shall be performed on Business Days at Jesse Brown VA. A Business Day is defined as Monday through Friday, 8:00 a.m. – 4:00 p.m. local time, except for Federal Holidays as follows:

1. New Year’s Day;

2. Martin Luther King, Jr. Birthday;

3. President’s Day;

4. Memorial Day;

5. Independence Day;

6. Labor Day;

7. Columbus Day;

8. Veterans Day;

9. Thanksgiving Day;

10. Christmas Day; and

11. Any other day designated as a Federal Holiday by Presidential Decree.

When one of the above designated Federal Holidays falls on a Sunday, the following Monday shall be observed as the Federal Holiday. When a Federal Holiday falls on a Saturday, the preceding Friday shall be observed as a Federal Holiday.

2. Contractor Orientation: The Contractor shall attend an orientation prior to beginning any work under this Contract, at the COR’s discretion. This orientation may include the following topics: Contract terms and conditions; performance monitoring; badging procedures; safety; fire procedures; severe weather procedures; infection control; and other disaster procedures.

3. Check-in Requirements: Prior to entrance, EVERYONE entering the Jesse Brown VA Medical Center and CBOCs shall participate in the Active Screening process for COVID-19. Additionally, everyone entering the facility is REQUIRED to wear a face mask. No entry shall be allowed if these processes are not followed. The Contractor’s employee(s) and/or agent shall go through this screening at the Ogden entrance and then shall report to the COR, or the COR’s designee, at the Environmental Management Service Main Office, Taylor Pavilion, Room 3270, on scheduled days for any instructions, including the location of any reported infestations.

4. Safety – ICRA Requirements: During the performance of this Contract, the Contractor shall follow all ICRA requirements, as set forth by the infection control staff.

5. Safety – OSHA Requirements: The Contractor shall comply with all OSHA requirements while performing work under this Contract at any VA facility, including: use of personal protective equipment; proper placement of caution signs; keeping pesticides in original containers and handling in accordance with all laws and regulations; and providing the COR with all Safety Data Sheets, as applicable, prior to beginning any work under this Contract No pesticides shall be mixed, disposed of, or stored on VA property. Any pesticide spills shall be immediately reported to the COR, the Jesse Brown VA Safety Office, and/or the VA Police.

6. Identification: The Contractor shall comply with all requirements to obtain proper VA identification/badging prior to beginning any work under this Contract. The Contractor shall be issued a Flash Badge. The Contractor shall wear visible identification and company uniforms, if issued, at all times while on the premises of any VA facility.

a. Flash badges applies to common access to the Jesse Brown VA facility and does not allow access to VA information systems or restricted areas. If the Contractor needs to work in sensitive/restricted areas (e.g. computer room/communications closets), appropriate VA staff must escort contractors while on site. Contractor shall supply one form of identification compliant with the Form I-9 approved documents that includes a photo in addition with fingerprinting for issuance of Flash Badge. This requirement is applicable to all subcontractor personnel requiring the same access. Flash Badges are valid for a period to not exceed one (1) year from the issuance date and shall only be for a period of 1880 consecutive or aggregate days or less in a 365-day period.

7. Parking: The Contractor shall park in the appropriately designated parking areas. Information on parking is available from the VA Police Section. The VA shall not invalidate or reimburse the cost of parking violations.

8. Non-smoking Policy: Effective January 1, 2019, smoking is prohibited at all VA facilities, to include all outdoor areas.

9. Weapons Prohibited: Possession of any type of weapon on VA property is prohibited. Enclosed containers, including tool kits, are subject to search without consent while on VA property.

10. Protection of Government Property: The Contractor shall take care to protect persons and personal/Government property while on VA property, including removal of all trash and debris at the completion of any job, and otherwise keeping the work area clean at all times. The Contractor shall be liable for any injuries and/or damage caused by the Contractor, including its employees and agents (including any subcontractors), to include all reasonable costs for medical treatment and/or damage repair. Any injuries and/or damage caused by the Contractor shall immediately be reported to the COR.

B.1 PRICE/COST SCHEDULE

ITEM INFORMATION

B.2 DELIVERY SCHEDULE

Page 1 of Page 1 of

SECTION C - CONTRACT CLAUSES

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

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

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

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

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

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

(d) Disputes. This contract is subject to 41 U.S.C. chapter 71, Contract Disputes. Failure of the parties to this contract to reach agreement on any request for equitable adjustment, claim, appeal or action arising under or relating to this contract shall be a dispute to be resolved in accordance with the clause at FAR 52.233-1, Disputes, which is incorporated herein by reference. The Contractor shall proceed diligently with performance of this contract, pending final resolution of any dispute arising under the contract.

(e) Definitions. The clause at FAR 52.202-1, Definitions, is incorporated herein by reference.

(f) Excusable delays. The Contractor shall be liable for default unless nonperformance is caused by an occurrence beyond the reasonable control of the Contractor and without its fault or negligence such as, acts of God or the public enemy, acts of the Government in either its sovereign or contractual capacity, fires, floods, epidemics, quarantine restrictions, strikes, unusually severe weather, and delays of common carriers. The Contractor shall notify the Contracting Officer in writing as soon as it is reasonably possible after the commencement of any excusable delay, setting forth the full particulars in connection therewith, shall remedy such occurrence with all reasonable dispatch, and shall promptly give written notice to the Contracting Officer of the cessation of such occurrence.

(g) Invoice.

(1) The Contractor shall submit an original invoice and three copies (or electronic invoice, if authorized) to the address designated in the contract to receive invoices. An invoice must include—

(i) Name and address of the Contractor;

(ii) Invoice date and number;

(iii) Contract number, line item number and, if applicable, the order number;

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

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

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

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

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

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

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

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

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

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

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

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

(i) Payment.—

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

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

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

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

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

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

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

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

(C) Affected line item or subline item, if applicable; and

(D) Contractor point of contact.

(ii) Provide a copy of the remittance and supporting documentation to the Contracting Officer.

(6) Interest.

(i) All amounts that become payable by the Contractor to the Government under this contract shall bear simple interest from the date due until paid unless paid within 30 days of becoming due. The interest rate shall be the interest rate established by the Secretary of the Treasury as provided in 41 U.S.C. 7109, which is applicable to the period in which the amount becomes due, as provided in (i)(6)(v) of this clause, and then at the rate applicable for each six-month period as fixed by the Secretary until the amount is paid.

(ii) The Government may issue a demand for payment to the Contractor upon finding a debt is due under the contract.

(iii) Final decisions. The Contracting Officer will issue a final decision as required by 33.211 if—

(A) The Contracting Officer and the Contractor are unable to reach agreement on the existence or amount of a debt within 30 days;

(B) The Contractor fails to liquidate a debt previously demanded by the Contracting Officer within the timeline specified in the demand for payment unless the amounts were not repaid because the Contractor has requested an installment payment agreement; or

(C) The Contractor requests a deferment of collection on a debt previously demanded by the Contracting Officer (see 32.607-2).

(iv) If a demand for payment was previously issued for the debt, the demand for payment included in the final decision shall identify the same due date as the original demand for payment.

(v) Amounts shall be due at the earliest of the following dates:

(A) The date fixed under this contract.

(B) The date of the first written demand for payment, including any demand for payment resulting from a default termination.

(vi) The interest charge shall be computed for the actual number of calendar days involved beginning on the due date and ending on—

(A) The date on which the designated office receives payment from the Contractor;

(B) The date of issuance of a Government check to the Contractor from which an amount otherwise payable has been withheld as a credit against the contract debt; or

(C) The date on which an amount withheld and applied to the contract debt would otherwise have become payable to the Contractor.

(vii) The interest charge made under this clause may be reduced under the procedures prescribed in 32.608-2 of the Federal Acquisition Regulation in effect on the date of this contract.

(j) Risk of loss. Unless the contract specifically provides otherwise, risk of loss or damage to the supplies provided under this contract shall remain with the Contractor until, and shall pass to the Government upon:

(1) Delivery of the supplies to a carrier, if transportation is f.o.b. origin; or

(2) Delivery of the supplies to the Government at the destination specified in the contract, if transportation is f.o.b. destination.

(k) Taxes. The contract price includes all applicable Federal, State, and local taxes and duties.

(l) Termination for the Government's convenience. The Government reserves the right to terminate this contract, or any part hereof, for its sole convenience. In the event of such termination, the Contractor shall immediately stop all work hereunder and shall immediately cause any and all of its suppliers and subcontractors to cease work. Subject to the terms of this contract, the Contractor shall be paid a percentage of the contract price reflecting the percentage of the work performed prior to the notice of termination, plus reasonable charges the Contractor can demonstrate to the satisfaction of the Government using its standard record keeping system, have resulted from the termination. The Contractor shall not be required to comply with the cost accounting standards or contract cost principles for this purpose. This paragraph does not give the Government any right to audit the Contractor's records. The Contractor shall not be paid for any work performed or costs incurred which reasonably could have been avoided.

(m) Termination for cause. The Government may terminate this contract, or any part hereof, for cause in the event of any default by the Contractor, or if the Contractor fails to comply with any contract terms and conditions, or fails to provide the Government, upon request, with adequate assurances of future performance. In the event of termination for cause, the Government shall not be liable to the Contractor for any amount for supplies or services not accepted, and the Contractor shall be liable to the Government for any and all rights and remedies provided by law. If it is determined that the Government improperly terminated this contract for default, such termination shall be deemed a termination for convenience.

(n) Title. Unless specified elsewhere in this contract, title to items furnished under this contract shall pass to the Government upon acceptance, regardless of when or where the Government takes physical possession.

(o) Warranty. The Contractor warrants and implies that the items delivered hereunder are merchantable and fit for use for the particular purpose described in this contract.

(p) Limitation of liability. Except as otherwise provided by an express warranty, the Contractor will not be liable to the Government for consequential damages resulting from any defect or deficiencies in accepted items.

(q) Other compliances. The Contractor shall comply with all applicable Federal, State and local laws, executive orders, rules and regulations applicable to its performance under this contract.

(r) Compliance with laws unique to Government contracts. The Contractor agrees to comply with 31 U.S.C. 1352 relating to limitations on the use of appropriated funds to influence certain Federal contracts; 18 U.S.C. 431 relating to officials not to benefit; 40 U.S.C. chapter 37, Contract Work Hours and Safety Standards; 41 U.S.C. chapter 87, Kickbacks; 41 U.S.C. 4712 and 10 U.S.C. 2409 relating to whistleblower protections; 49 U.S.C. 40118, Fly American; and 41 U.S.C. chapter 21 relating to procurement integrity.

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

(1) The schedule of supplies/services.

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

(3) The clause at 52.212-5.

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

(5) Solicitation provisions if this is a solicitation.

(6) Other paragraphs of this clause.

(7) The Standard Form 1449.

(8) Other documents, exhibits, and attachments

(9) The specification.

(t) [Reserved]

(u) Unauthorized Obligations.

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

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

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

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

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

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

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

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

C.2 52.217-8 OPTION TO EXTEND SERVICES (NOV 1999)

The Government may require continued performance of any services within the limits and at the rates specified in the contract. These rates may be adjusted only as a result of revisions to prevailing labor rates provided by the Secretary of Labor. The option provision may be exercised more than once, but the total extension of performance hereunder shall not exceed 6 months. The Contracting Officer may exercise the option by written notice to the Contractor within 30 days.

(End of Clause)

C.3 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 two (2) years.

(End of Clause) C.4 VAAR 852.212-70 PROVISIONS AND CLAUSES APPLICABLE TO VA ACQUISITION OF COMMERCIAL ITEMS (APR 2020)

(a) The Contractor agrees to comply with any provision or clause that is incorporated herein by reference to implement agency policy applicable to acquisition of commercial items or components. The following provisions and clauses that have been checked by the Contracting Officer are incorporated by reference.

[X] 852.203–70, Commercial Advertising.

[] 852.209–70, Organizational Conflicts of Interest.

[] 852.211–70, Equipment Operation and Maintenance Manuals.

[] 852.214–71, Restrictions on Alternate Item(s).

[] 852.214–72, Alternate Item(s). [Note: this is a fillable clause.] [] 852.214–73, Alternate Packaging and Packing.

[] 852.214–74, Marking of Bid Samples.

[] 852.215–70, Service-Disabled Veteran-Owned and Veteran-Owned Small Business Evaluation Factors.

[] 852.215–71, Evaluation Factor Commitments.

[] 852.216–71, Economic Price Adjustment of Contract Price(s) Based on a Price Index.

[] 852.216–72, Proportional Economic Price Adjustment of Contract Price(s) Based on a Price Index.

[] 852.216–73, Economic Price Adjustment—State Nursing Home Care for Veterans.

[] 852.216–74, Economic Price Adjustment—Medicaid Labor Rates.

[] 852.216–75, Economic Price Adjustment—Fuel Surcharge.

[] 852.219–9, VA Small Business Subcontracting Plan Minimum Requirements.

[X] 852.219–10, VA Notice of Total Service-Disabled Veteran-Owned Small Business Set-Aside.

[] 852.219–11, VA Notice of Total Veteran-Owned Small Business Set-Aside.

[] 852.222–70, Contract Work Hours and Safety Standards—Nursing Home Care for Veterans.

[] 852.228–70, Bond Premium Adjustment.

[] 852.228–71, Indemnification and Insurance.

[] 852.228–72, Assisting Service-Disabled Veteran-Owned and Veteran-Owned Small Businesses in Obtaining Bonds.

[X] 852.232–72, Electronic Submission of Payment Requests.

[] 852.233–70, Protest Content/Alternative Dispute Resolution.

[] 852.233–71, Alternate Protest Procedure.

[] 852.237–70, Indemnification and Medical Liability Insurance.

[] 852.246–71, Rejected Goods.

[] 852.246–72, Frozen Processed Foods.

[] 852.246–73, Noncompliance with Packaging, Packing, and/or Marking Requirements.

[] 852.270–1, Representatives of Contracting Officers.

[] 852.271–72, Time Spent by Counselee in Counseling Process.

[] 852.271–73, Use and Publication of Counseling Results.

[] 852.271–74, Inspection.

[] 852.271–75, Extension of Contract Period.

[] 852.273–70, Late Offers.

[] 852.273–71, Alternative Negotiation Techniques.

[] 852.273–72, Alternative Evaluation.

[] 852.273–73, Evaluation—Health-Care Resources.

[] 852.273–74, Award without Exchanges.

(b) All requests for quotations, solicitations, and contracts for commercial item services to be provided to beneficiaries must include the following clause:

[] 852.237–74, Nondiscrimination in Service Delivery.

(End of Clause) C.5 VAAR 852.219-74 LIMITATIONS ON SUBCONTRACTING—MONITORING AND COMPLIANCE (JUL 2018)

(a) This solicitation includes VAAR 852.219-10 VA Notice of Total Service- Disabled Veteran-Owned Small Business Set-Aside.

(b) Accordingly, any contract resulting from this solicitation is subject to the limitation on subcontracting requirements in 13 CFR 125.6, or the limitations on subcontracting requirements in the FAR clause, as applicable.