36C25525Q0149.pdf

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Pest Control Federal contract opportunity
Solicitation number
36C25525Q0149
Issued by
Department of Veterans Affairs Veterans Health Administration Veterans Integrated Service Network 15

About this file

This is a Request for Quotation (RFQ) from the Department of Veterans Affairs Network Contracting Office 15 seeking Integrated Pest Management (IPM) services for the Marion VA Medical Center in Marion, IL and associated Community Based Outpatient Clinics in Evansville, IN and Owensboro, KY. The contract will be awarded as a single-award IDIQ with a base year plus four one-year ordering periods from March 12, 2025 to March 11, 2030.

The scope includes regular pest control services three times per week at specified buildings totaling approximately 500,000 square feet, as well as on-call bedbug treatments. Services must include surveillance, trapping, pesticide application, pest removal, and detailed reporting. The solicitation is set aside for Service-Disabled Veteran-Owned Small Businesses (SDVOSB) under NAICS code 561710 with a size standard of $17.5 million. Responses are due by February 21, 2025 at 5PM CST, with a site visit scheduled for February 7, 2025. Award will be based on past performance, technical capability, and price. The contractor must be licensed and certified in Illinois, Indiana and Kentucky, with at least 5 years of experience in pest control services. The contract includes specific requirements for IPM plans, reporting, safety protocols, and emergency response within 4 hours for certain situations.

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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

657-25-2-2098-0004

36C25525Q0149 01-24-2025

Hogue, James | James.Hogue@va.gov 913-946-1958 02-21-2025

5PM CST

36C255

Department of Veterans Affairs

Network Contracting Office (NCO) 15

3450 S 4th Street Trafficway

Leavenworth KS 66048

X 100

X

561710

$17.5 Million

N/A

X

Department of Veterans Affairs

Marion VA Medical Center

2401 West Main Street

Marion IL 62959

36C255

Department of Veterans Affairs

Network Contracting Office (NCO) 15

3450 S 4th Street Trafficway

Leavenworth KS 66048

36C255

Department of Veterans Affairs

Financial Services Center http://www.fsc.va.gov/einvoice.asp

Austin TX

877-353-9791 512-460-5429

See CONTINUATION Page

1. Provide Pest Control Services at the Marion VA Medical

Center and CBOC in accordance with the Statement of Work.

2. The government intends to award a single award Indefinite

Delivery Indefinite Quantity (IDIQ) five-year contract.

Individual bulk funded task orders will be issued by the

NCO 15 Contracting Office.

3. Evaluation Criteria will be Past Performance, Technical

Capability, and Price as outline by the Statement of Work

(SOW).

4. This procurement is being competed in accordance with

FAR Part 13 Simplified Acquisition Procedures.

5. See C.10 VAAR 852.219-75 VA Notice of Limitation on

Subcontracting.

6. See provision 52.237-1 for Site Visit Date, Time, and location.

See CONTINUATION Page

657-3650162-2098-856200-2581

X X

X One(1)

Hogue, James

Contracting Office

36C25525Q0149

Table of Contents

SECTION A

A.1 SF 1449 SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL PRODUCTS

AND COMMERCIAL SERVICES

SECTION B - CONTINUATION OF SF 1449 BLOCKS

B.1 CONTRACT ADMINISTRATION DATA

B.2 STATEMENT OF REQUIREMENT

B.3 PRICE/COST SCHEDULE

ITEM INFORMATION

B.4 DELIVERY SCHEDULE

SECTION C - CONTRACT CLAUSES

C.1 52.212-4 CONTRACT TERMS AND CONDITIONS—COMMERCIAL PRODUCTS

AND COMMERCIAL SERVICES (NOV 2023)

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

C.3 52.216-18 ORDERING (AUG 2020)

C.4 52.216-19 ORDER LIMITATIONS (OCT 1995)

C.5 52.216-22 INDEFINITE QUANTITY (OCT 1995)

C.6 52.217-8 OPTION TO EXTEND SERVICES (NOV 1999)

C.7 VAAR 852.201-70 CONTRACTING OFFICER'S REPRESENTATIVE (DEC 2022)

C.8 VAAR 852.203-70 COMMERCIAL ADVERTISING (MAY 2018)

C.9 VAAR 852.219-73 VA NOTICE OF TOTAL SET-ASIDE FOR CERTIFIED

SERVICE-DISABLED VETERAN-OWNED SMALL BUSINESSES (JAN 2023)

(DEVIATION)

C.10 VAAR 852.219-75 VA NOTICE OF LIMITATIONS ON SUBCONTRACTING—

CERTIFICATE OF COMPLIANCE FOR SERVICES AND CONSTRUCTION (JAN 2023)

(DEVIATION)

C.11 VAAR 852.232-72 ELECTRONIC SUBMISSION OF PAYMENT REQUESTS

(NOV 2018)

C.12 VAAR 852.242-71 ADMINISTRATIVE CONTRACTING OFFICER (OCT 2020) . 40

C.13 52.212-5 CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT

STATUTES OR EXECUTIVE ORDERS—COMMERCIAL PRODUCTS AND

COMMERCIAL SERVICES (MAY 2024)

SECTION D - CONTRACT DOCUMENTS, EXHIBITS, OR ATTACHMENTS

SECTION E - SOLICITATION PROVISIONS

E.1 52.212-1 INSTRUCTIONS TO OFFERORS—COMMERCIAL PRODUCTS AND

COMMERCIAL SERVICES (SEP 2023)

E.2 52.252-1 SOLICITATION PROVISIONS INCORPORATED BY REFERENCE (FEB

1998)

E.3 52.204-24 REPRESENTATION REGARDING CERTAIN TELECOMMUNICATIONS

AND VIDEO SURVEILLANCE SERVICES OR EQUIPMENT (NOV 2021)

E.4 52.204-29 FEDERAL ACQUISITION SUPPLY CHAIN SECURITY ACT

ORDERS—REPRESENTATION AND DISCLOSURES (DEC 2023)

E.5 52.237-1 SITE VISIT (APR 1984)

E.6 VAAR 852.239-75 INFORMATION AND COMMUNICATION TECHNOLOGY

ACCESSIBILITY NOTICE (FEB 2023)

E.7 52.212-2 EVALUATION—COMMERCIAL ITEMS (OCT 2014)

E.8 52.212-3 OFFEROR REPRESENTATIONS AND CERTIFICATIONS—

COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES (MAY 2024)

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:

Unique Entity ID:

Company Name and

Address:

Point of Contact:

Phone Number:

Email Address:

Tax ID#

GSA or VA NAC

Contract Number

b. GOVERNMENT: Contracting Officer 36C255

Department of Veterans Affairs

Network Contracting Office (NCO) 15

3450 S 4th Street

Leavenworth, KS 66048

2. CONTRACTOR REMITTANCE ADDRESS: All payments by the Government to the contractor will be made in accordance with 52.232-33, Payment by Electronic Funds Transfer—System For Award

Management.

3. INVOICES: Invoices shall be submitted in arrears UPON ACCEPTANCE OF ORDER

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.

B.2 STATEMENT OF REQUIREMENT

1. Purpose:

1.1 To provide Integrated Pest Management (IPM) Services for the Marion VA Medical Center, 2401 West Main Street, Marion, IL 62959. Integrated Pest Management Services involve the implementation of an Integrated Pest Management (IPM) plan which will achieve long term environmental sound pest suppression using a wide variety of technological mechanisms and management practices. The IPM shall properly mitigate and address the pest infestations that are occurring (or that are expected to occur) at the facility.

2. OBJECTIVE:

2.1 The contractor shall provide all supervision, management, laboratory testing, tools, supplies, equipment, transportation, and labor to develop and implement an Integrated Pest Management (IPM) plan. The contractor shall perform service to the following buildings #s; 1, 2, 7, 8, 13, 14, 15, 16, 37, 38, 42, 43, 44, 47, 49, 52, 81, 82, 83, Modular Bldg. 1, 3, 4. All mentioned buildings on campus totals to approximately 500,000 square feet. Service shall be provided three per week throughout the year according to all tasks listed below and the attached Area Treatment/Frequency Chart (See Exhibit 1), for the Marion VA Medical Center Campus. The implementation of an IPM shall be done in a manner that ensures the health and general well-being of patients, staff, and visitors. Such a plan must also include structural and procedural variations that reduce the food, water, harborage, and access used by pests. Contractor’s IPM shall also offer surveillance, trapping, pesticide application, pest removal components, and applicable reporting along with detailed, site-specific recommendations for structural and technical alterations, for pest control indoor and outdoor, within the property boundaries of the buildings. The Contractor shall provide detailed, site-specific recommendations for structural and procedural modifications to aid in pest prevention.

2.2 The contractor shall also provide inspection and treatment for bed bugs, fleas, and other parasitic pests on an “as needed/when called basis.” Room treatments for bedbugs, fleas, and other parasitic pests, will be listed as a separate Line-Item price and done on an as needed basis. This will establish a competitive firm fixed price for COR consideration when acting on the infestations.

2.3 Bed Bug treatment will be provided at Marion Illinois, and the following Community Based Outpatient Clinics:

Evansville Health Care Center

6211 E. Waterford Blvd

Evansville, IN 47715

Owensboro Community Based Outpatient Clinic

2060 East Parrish Avenue

Owensboro, KY 42303

3. GENERAL INFORMATION:

3.1 PERFORMANCE PERIOD: The expected Period of Performance for this contract is a base year (of 12 months) and (4) ordering periods (that are 12 months each). Ordering Periods renewals may or may not be exercised (based on needs of and at the discretion of) the U.S.

Government. The actual performance period shall be established at the time of contract award.

3.2 TYPE OF CONTRACT: The Government contemplates the award of a Firm Fixed Price

IDIQ for this requirement.

3.3 WORK HOURS (FOR EXECUTION OF SERVICES): The Contractor shall provide the work schedule of when services will be performed based on information contained in the attached

Pest Control Schedule (Exhibit 1) and submit the schedule, no later than the contract start date, to the Environmental Management Service designee, who will be functioning as the Contracting

Officers Representative (COR). The contractor shall perform service in buildings and areas listed in 2.1 according to Exhibit 1. Normal, routine services will occur three times a week on

Mondays, Wednesdays, and Fridays. The contractor shall also provide inspection and treatment for bed bugs, fleas, and other parasitic pests at Marion Illinois, Evansville Indiana

Patient Clinic and Owensboro Kentucky Patient Clinic on an “as needed/when called” basis. It is expected that the contractor be on site and perform work on these days. While on site it is required that the contractor check in with facility representatives to discuss the status/progress of the IPM and other pest management issues if needed. Services shall be performed during the

VA normal business hours, 8:00 a.m. through 4:30 p.m., Monday through Friday, excluding

Federal holidays. Any work that needs to take place outside of the scope of normal business hours shall be approved by the Contracting Officer’s Representative (COR) prior to the commencement of work. At least one (1) day advanced notice is required for work that is to be performed outside of normal business hours.

In the event climate or weather conditions become unsuitable for work or an environmental hazard, the entire work shall be rescheduled to a date and time satisfactory to the Contractor and the Contracting Officer’s Representative. Postponement will not reflect any penalties assessed to the Contractor nor should there be any additional cost to the Government.

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

o New Year’s Day o Martin Luther King’s Birthday o President’s Day o Memorial Day o Independence Day o Labor Day o Columbus Day o Veterans Day o Thanksgiving Day o Christmas Day o Any other day specifically declared by the President of the United States to be a national holiday

3.5 INTERFERENCE TO NORMAL FUNCTION:

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

3.6 SCOPE OF CONTRACT AND CONTRACT MODIFICATIONS

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

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

REQUIREMENTS

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

The following requirements/stipulations are mandatory for contractors/contractor personnel (i.e.

Inspectors, Chemical Applicators, and/or Technicians)

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

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

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

• Basic proficiency in speaking and writing English.

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

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

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

SITE SPECIFIC REQUIRMENTS (ADDITIONAL CONTRACTOR QUALIFICATIONS)

• Certification required for all applicators is Industrial, Institutional, Structural, and Health Related certificate acceptable to the Illinois, Indiana and Kentucky Department of Agriculture Bureau of Plant Industry

• The vendor firm must hold a General Pest and Rodent Control License issue by the Illinois, Indiana and Kentucky Department of Agriculture Bureau of Plant Industry

• Technicians used who are not certified will have the appropriate Technician's Card issued by the Illinois, Indiana and Kentucky Department of Agriculture Bureau of Plant Industry. Evidence of such card for technicians will be provided.

• Comply with the pest control operations for the State of Illinois, Indiana and Kentucky.

• The IPM plan shall comply will all applicable Environmental Protection Agency (EPA), Occupational Safety and Health Administration (OSHA), state/local regulatory guidance on pesticide storage, disposal and applications, DoD 4150.7, DoD Pest

Management Program, 22 April 1996, and AFPD 32-1053, Pest Management Program, 1 April 1999.

5.0 INTEGRATED PEST MANAGEMENT (IPM) PLAN

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

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

5.1 INTEGRATED PEST MANAGEMENT (IPM) PLAN COVERAGE AREAS

The Integrated Pest Management Plan (IPM) will cover/encompass the buildings, levels/floors, and rooms that are annotated in Exhibit 1 – Coverage Areas for IPM. When developing their Integrated Pest Management Plan for the facility contractors shall refer to Exhibit 1 to ensure that their plan provides the appropriate and necessary pest management, controls, and prevention that is required for these areas. Areas such as Nutrition & Food, Canteen, Community

Living Center (CLC), and Surgery Procedure Rooms, may require special treatment and/or extra care as often as once per week.

NOTE: Service includes roach kill applications to inner walls and in new construction or renovated areas.

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.

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

PESTS INCLUDED:

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

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

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

3. See additional comments below regarding bedbugs

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

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

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

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

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

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

See additional comments below regarding termites

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

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

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

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

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

• Preferred month for inspection: APRIL Inspection Services

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

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

PESTS EXCLUDED:

1). Pests that primarily damage outdoor vegetation

5.3 GENERAL CONSTRAINTS (which apply during execution of IPM)

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

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

b. Service Performance Constraints

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

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

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

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

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

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

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

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

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

c. Bait and Pesticides Constraints

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

ii. All pesticides used by the Contractor shall be registered with the U.S.

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

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

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

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

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

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

POLICY

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

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

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

xi. Spraying shall occur when areas are unoccupied (with COR approval)

xi. When or if applicable; all bait boxes shall be maintained in accordance with EPA regulations, with an emphasis on the safety of non-targeted organisms

Bait Boxes

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.

6. Trapping devices rather that pesticide sprays shall be used for indoor fly control wherever appropriate.

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

d. Rodent Control Constraints

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

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

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

Liability: The Contractor shall assume full responsibility and liability for compliance with all applicable regulations pertaining to the health and safety of personnel during the execution of work.

Government Responsibilities

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

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

3. Provide escort in restricted areas or when applicable.

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

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

5.4 EMERGENCY CALLS (CALL BACKS):

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

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

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

*ALL Emergency services within scope of the final contract shall have prior approval by the COR.

Any services performed that were not previously approved by the COR may result in NO Payment by the government to the contractor.

5.5 ADMINISTRATIVE DUTY REQUIREMENTS (ADR) AND CONTRACTOR REPORTING

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

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

2. Additional SDS shall be provided anytime a new pesticide is used or an updated SDS is provided to the Pest Control Operator

3. Information Mandated by Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA)

4. Updating information of any pesticides used or discontinued.

5. Service Log signed and dated each time an action is performed.

a. Service schedule for each building, room, etc. that includes:

-IPM Plan of Action -Noting areas of restriction if any that needs COR approval prior to entry

b. Emergency work

c. Routine service requests

6. Copies of Bill of Lading or Manifest generated for waste disposal of pesticides used at the Medical Centers including disposal of “burned out” bug lights.

7. Plan action for chemical spills.

8. Fiscal year report of each pesticides used (in pounds)

9. Certification document for each contractor personnel applying and/or treatment of pesticides.

-Updated as needed (i.e. new personnel, certification/license renewal, etc.)

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

5.6 ONGOING SERVICE REQUIREMENTS

a. A certified applicator or Technician who reports to a certification applicator.

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

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

c. The Contractor shall be responsible for disposing of all trapped rodents and all rodent carcasses off-site, in accordance with local, country, or state regulations.

While on Veterans Administration (VA) premises, all contractor personnel shall comply with the rules, regulations, and procedures governing the conduct of personnel and the operation of the facility.

5.7 PEST CONTROL SCHEDULE EXHIBIT 1

Pest Control Schedule Exhibit

Location at Hospital

Function Routine Schedule

Weekly Monthly Quaterly

Treament after working hours

Ground Level Agent Cashier 1X X

Ground Level Audiology 1X X

Ground Level Billing 1X X

Ground Level Compensation/Pension 1X X

Ground Level Canteen 1X X

Second Level Cardiology 1X X

Second Level Cath Lab 1X X

First Level Chapel 1X X

Ground Level Chemotherapy 1X X

First Level Dental Clinic 1X X X

Ground Level Emergency Room 1X X

Ground Level Employee Health 1X X

First Level ENT Clinic 1X X X

First Level Eye Clinic 1X X X

First Level General Surgery 1X X X

First Level GI Clinic 1X X X

Ground Level Health Benefits/ Eligibility 1X X

Ground Level Hematology 1X X X

Ground Level Imaging 1X X

Ground Level Kitchen 1X X

Ground Level Laboratory 1X X

Third Level Logistics Main 1X X

Ground Level Oncology Clinic 1X X X

First Level Optical Shop 1X X X

Ground Level Ortho Clinic 1X X

Second Level Outpatient Nutrition Clinic 1X X

First Level Pain Management Clinic 1X X

Ground Level Patient Advocate 1X X

First Level Patient Education 1X X

Ground Level Patriot Store 1X X X

Ground Level Pharmacy 1X X X

First Level Podiatry Clinic 1X X

Ground Level Police 1X X

First Level Pre-op PACE Clinic 1X X

Ground Level Pulmonary Clinic 1X X

Ground Level Registration/Admission 1X X

Ground Level Release of Information 1X X

Ground Level Renal 1X X

Ground Level Respiration 1X X

First Level Same Day Surgery 1X X

Ground Level Speech Pathology 1X X

Ground Level Spinal Cord Injury 1X X

Third Level Sterile Processing 1X X X

Ground Level Transition Care Mgmt 1X X

Ground Level Travel Office 1X X

Ground Level Urology Clinic 1X X

First Level Vascular Clinic 1X X

First Level Wound Care Clinic 1X X X

Third Level Inpatient Rooms 1X X

Fourth Level Operating Rms & Offices 1X X X

81 AMVETS 1X X

82 RRTP 1X X

83 Behavioral Health 1X X

43 Comm. Living Center 1X X

37 Support Services 1X X

16 Warehouse 1X X

15 Engineering 1X X

44 Safety 1X X

14a Boiler Plant 1X X

14b HVAC 1X X

7 Finance/Home Health 1X X

T107 Carpenter Shop 1X X

T108 Masonry Shop 1X X

T109 Sheet Metal 1X X

T105 Logistics 1X X

T106 Logistics 1X X

23 Incinerator 1X X

Modular 1 Human Resources 1X X

Modular 3 Administration Offices 1X X

Modular 4 Administration Offices 1X X

Campus Dumpsters x 10 1X X

Loading Dock Compactor x 1 1X X

Evansville Health Care Center Evansville, IN Outpatient Clinic

As Needed

Bed Bugs Only

Owensboro Community Based Outpatient Clinic Owensboro, KY Outpatient Clinic

As Needed

Bed Bugs Only

** Total square footage of all buildings on the Marion Illinois VAMC campus is approximately

500,000 square feet.

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 or not 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.

PROGRAM EVALUATION:

The COR will continually evaluate the process 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.

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 his 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 name of the individual(s) responsible for performing the quality control inspections.

RECORDS MANAGEMENT / INFORMATION SECURITY

1. Citations to pertinent laws, codes and regulations such as 44 U.S.C chapters 21, 29, 31 and 33;

Freedom of Information Act (5 U.S.C. 552); Privacy Act (5 U.S.C. 552a); 36 CFR Part 1222 and

Part 1228.

2. Contractor shall treat all deliverables under the contract as the property of the U.S. Government for which the Government Agency shall have unlimited rights to use, dispose of, or disclose such data contained therein as it determines to be in the public interest.

3. Contractor shall not create or maintain any records that are not specifically tied to or authorized by the contract using Government IT equipment and/or Government records.

4. Contractor shall not retain, use, sell, or disseminate copies of any deliverable that contains information covered by the Privacy Act of 1974 or that which is generally protected by the

Freedom of Information Act.

5. Contractor shall not create or maintain any records containing any Government Agency records that are not specifically tied to or authorized by the contract.

6. The Government Agency owns the rights to all data/records produced as part of this contract.

7. The Government Agency owns the rights to all electronic information (electronic data, electronic information systems, electronic databases, etc.) and all supporting documentation created as part of this contract. Contractor must deliver sufficient technical documentation with all data deliverables to permit the agency to use the data.

8. Contractor agrees to comply with Federal and Agency records management policies, including those policies associated with the safeguarding of records covered by the Privacy Act of 1974.

These policies include the preservation of all records created or received regardless of format

[paper, electronic, etc.] or mode of transmission [e-mail, fax, etc.] or state of completion [draft, final, etc.].

9. No disposition of documents will be allowed without the prior written consent of the Contracting

Officer. The Agency and its contractors are responsible for preventing the alienation or unauthorized destruction of records, including all forms of mutilation. Willful and unlawful destruction, damage or alienation of Federal records is subject to the fines and penalties imposed by 18 U.S.C. 2701. Records may not be removed from the legal custody of the Agency or destroyed without regard to the provisions of the agency records schedules.

10. The Authorization requirements do not apply, and that a Security Accreditation Package is not required.

Contractor is required to obtain the Contracting Officer's approval prior to engaging in any contractual relationship (sub-contractor) in support of this contract requiring the disclosure of information, documentary material and/or records generated under, or relating to, this contract. The Contractor (and any sub-contractor) is required to abide by Government and Agency guidance for protecting sensitive and proprietary information.

QUALIFICATIONS:

Contractors must be regularly established in the business called for and in the judgment of the Contracting

Officer be financially responsible; and able to show evidence of their reliability, ability, experience, equipment, facilities, and personnel directly employed or supervised by them to render prompt and satisfactory service. The contractor shall be licensed by the state and local health authority in those locations where such licenses are required.

CONTRACTING OFFICER REPRESENTATIVE (COR):

The Contracting Officer reserves the right to designate representatives to act for him in finishing technical guidance and advice or generally supervise the work to be performed under this contract. Such designation will be in writing and will define the scope and limitations of the designee's authority. A copy of the designation shall be furnished the contractor.

WORKMEN'S COMPENSATION:

The contractor agrees to procure and maintain for the contract period Workmen's Compensations and

Employee's Public liability Insurance in accordance with the laws of the State of Illinois. This policy shall provide coverage for Public Liability limits of not less than $100,000, the statutory limitation for any one accident, and at least $300,000, meeting the statutory limitation if more people are involved. The contractor shall furnish the Contracting Officer a certificate of insurance indicating the coverage outlined and containing an endorsement to the effect that cancellations of or any material change in the policies which adversely affect the interests of the Government in such insurance shall not be effective unless a thirty (30) day advance written notice of cancellation of change is furnished the Contracting Officer.

INVOICE:

Contractor shall submit invoices monthly in arrears for services performed under the contract during the month. Only one payment per month will be made for payment of services.

SERVICE CONTRACT ACT:

Service employees who will be employed in the performance of the contract shall be paid no less than the wages indicated in the applicable Wage Determination

EVALUATION CRITERIA

The Government will award a contract molting from this solicitation to the responsible offeror whose offer conforming to the solicitation will offer the best value to the Government. Factors to be considered in the determination of best value include:

1. Past performance information

a. Submit two references from hospital/facilities for which Pest Control services are/were provided of similar size.

b. Vendor shall have at least 5 years of experience in Pest Control for your organization and for the individuals/employees who will be providing pest control services under this contract.

2. Technical capability information:

a. Submit documentation of current certification and licensure. Include copies of certification showing categories (i.e. Category 7, 4, 7E and 3C).

b. Submit documentation of insurance.

3. Price:

a. Provide pricing information as required in the "Schedule of Services and Price" section of the solicitation.

b. Please keep the pricing quote and informal evaluation responses as two separate documents.

B.3 PRICE/COST SCHEDULE

ITEM INFORMATION

ITEM

NUMBER

DESCRIPTION OF

SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

1.00 HR

Integrated Pest Management Support for Marion, IL VA Medical Center and selected Campus Buildings, Marion, IL (Cost Per Hr.)

Ordering Period: Base POP Begin: 03-12-2025 POP End: 03-11-2026

PRINCIPAL NAICS CODE: 561710 - Exterminating and Pest Control Services PRODUCT/SERVICE CODE: S207 - Housekeeping - Insect/Rodent Control

1.00 JB

Bedbug Room Treatment per room at the Marion VA Medical Center on an “as needed/on call” basis.

Ordering Period: Base POP Begin: 03-12-2025 POP End: 03-11-2026

PRINCIPAL NAICS CODE: 561710 - Exterminating and Pest Control Services

Certified and licensed in the trapping and removal of animals to include raccoons, squirrels, feral cats, skunks, bats, and similar nuisance wildlife at the Marion VA Medical Center.

Ordering Period: Base POP Begin: 03-12-2025 POP End: 03-11-2026

PRINCIPAL NAICS CODE: 561710 - Exterminating and Pest Control Services

Bedbug Room Treatment per room at the Evansville, IN Healthcare Center (EHCC) on an “as needed/on call” basis.

Ordering Period: Base POP Begin: 03-12-2025 POP End: 03-11-2026

PRINCIPAL NAICS CODE: 561710 - Exterminating and Pest Control Services

Bedbug Room Treatment per room at the Owensboro, KY Community Based Outpatient Clinic (CBOC) on an “as needed/on call” basis.

Ordering Period: Base POP Begin: 03-12-2025 POP End: 03-11-2026

PRINCIPAL NAICS CODE: 561710 - Exterminating and Pest Control Services selected Campus Buildings, Marion, IL (Cost Per Hr.)

Ordering Period: 1 POP Begin: 03-12-2026 POP End: 03-11-2027

PRINCIPAL NAICS CODE: 561710 - Exterminating and Pest Control Services needed/on call” basis.

Ordering Period: 1 POP Begin: 03-12-2026 POP End: 03-11-2027

PRINCIPAL NAICS CODE: 561710 - Exterminating and Pest Control Services squirrels, feral cats, skunks, bats, and similar nuisance wildlife at the Marion VA Medical Center.

Ordering Period: 1 POP Begin: 03-12-2026 POP End: 03-11-2027

PRINCIPAL NAICS CODE: 561710 - Exterminating and Pest Control Services

(EHCC) on an “as needed/on call” basis.

Ordering Period: 1 POP Begin: 03-12-2026 POP End: 03-11-2027

PRINCIPAL NAICS CODE: 561710 - Exterminating and Pest Control Services

Outpatient Clinic (CBOC) on an “as needed/on call” basis.

Ordering Period: 1 POP Begin: 03-12-2026 POP End: 03-11-2027

PRINCIPAL NAICS CODE: 561710 - Exterminating and Pest Control Services selected Campus Buildings, Marion, IL (Cost Per Hr.)

Ordering Period: 2 POP Begin: 03-12-2027 POP End: 03-11-2028

PRINCIPAL NAICS CODE: 561710 - Exterminating and Pest Control Services needed/on call” basis.

Ordering Period: 2 POP Begin: 03-12-2027 POP End: 03-11-2028

PRINCIPAL NAICS CODE: 561710 - Exterminating and Pest Control Services squirrels, feral cats, skunks, bats, and similar nuisance wildlife at the Marion VA Medical Center.

Ordering Period: 2 POP Begin: 03-12-2027 POP End: 03-11-2028

PRINCIPAL NAICS CODE: 561710 - Exterminating and Pest Control Services

(EHCC) on an “as needed/on call” basis.

Ordering Period: 2 POP Begin: 03-12-2027 POP End: 03-11-2028

PRINCIPAL NAICS CODE: 561710 - Exterminating and Pest Control Services

Outpatient Clinic (CBOC) on an “as needed/on call” basis.

Ordering Period: 2 POP Begin: 03-12-2027 POP End: 03-11-2028

PRINCIPAL NAICS CODE: 561710 - Exterminating and Pest Control Services selected Campus Buildings, Marion, IL (Cost Per Hr.)

Ordering Period: 3 POP Begin: 03-12-2028 POP End: 03-11-2029

PRINCIPAL NAICS CODE: 561710 - Exterminating and Pest Control Services needed/on call” basis.

Ordering Period: 3 POP Begin: 03-12-2028 POP End: 03-11-2029

PRINCIPAL NAICS CODE: 561710 - Exterminating and Pest Control Services squirrels, feral cats, skunks, bats, and similar nuisance wildlife at the Marion VA Medical Center.

Ordering Period: 3 POP Begin: 03-12-2028 POP End: 03-11-2029

PRINCIPAL NAICS CODE: 561710 - Exterminating and Pest Control Services

(EHCC) on an “as needed/on call” basis.

Ordering Period: 3 POP Begin: 03-12-2028 POP End: 03-11-2029

PRINCIPAL NAICS CODE: 561710 - Exterminating and Pest Control Services

Outpatient Clinic (CBOC) on an “as needed/on call” basis.

Ordering Period: 3 POP Begin: 03-12-2028 POP End: 03-11-2029

PRINCIPAL NAICS CODE: 561710 - Exterminating and Pest Control Services selected Campus Buildings, Marion, IL (Cost Per Hr.)

Ordering Period: 4 POP Begin: 03-12-2029 POP End: 03-11-2030

PRINCIPAL NAICS CODE: 561710 - Exterminating and Pest Control Services needed/on call” basis.

Ordering Period: 4 POP Begin: 03-12-2029 POP End: 03-11-2030

PRINCIPAL NAICS CODE: 561710 - Exterminating and Pest Control Services squirrels, feral cats, skunks, bats, and similar nuisance wildlife at the Marion VA Medical Center.

Ordering Period: 4 POP Begin: 03-12-2029 POP End: 03-11-2030

PRINCIPAL NAICS CODE: 561710 - Exterminating and Pest Control Services

(EHCC) on an “as needed/on call” basis.

Ordering Period: 4 POP Begin: 03-12-2029 POP End: 03-11-2030

PRINCIPAL NAICS CODE: 561710 - Exterminating and Pest Control Services

Outpatient Clinic (CBOC) on an “as needed/on call” basis.

Ordering Period: 4 POP Begin: 03-12-2029 POP End: 03-11-2030

PRINCIPAL NAICS CODE: 561710 - Exterminating and Pest Control Services

GRAND

TOTAL

B.4 DELIVERY SCHEDULE

ITEM

NUMBER SHIPPING INFORMATION QUANTITY

DELIVERY

DATE

0001-

SHIP TO: Department of Veterans Affairs Marion VA Medical Center 2401 West Main St.

Marion, IL 62959

ALL Period of Performance:

03/12/2025 – 03/11/2026

MARK

FOR:

Kenneth Johnson 618-997-5311 ext 158640 kenneth.johnson12@va.gov

1001-

SHIP TO: Department of Veterans Affairs Marion VA Medical Center 2401 West Main St.

Marion, IL 62959

ALL Period of Performance:

03/12/2026 – 03/11/2027

MARK

FOR:

Kenneth Johnson 618-997-5311 ext 158640 kenneth.johnson12@va.gov

2001-

SHIP TO: Department of Veterans Affairs Marion VA Medical Center 2401 West Main St.

Marion, IL 62959 1188

ALL Period of Performance:

03/12/2027 – 03/11/2028

MARK

FOR:

Kenneth Johnson 618-997-5311 ext 158640 kenneth.johnson12@va.gov

3001-

SHIP TO: Department of Veterans Affairs Marion VA Medical Center 2401 West Main St.

Marion, IL 62959 1188

ALL Period of Performance:

03/12/2028 – 03/11/2029

MARK

FOR:

Kenneth Johnson 618-997-5311 ext 158640 kenneth.johnson12@va.gov

4001-

SHIP TO: Department of Veterans Affairs Marion VA Medical Center 2401 West Main St.

Marion, IL 62959 1188

ALL Period of Performance:

03/12/2029 – 03/11/2030

MARK

FOR:

Kenneth Johnson 618-997-5311 ext 158640 kenneth.johnson12@va.gov mailto:kenneth.johnson12@va.gov mailto:kenneth.johnson12@va.gov mailto:kenneth.johnson12@va.gov mailto:kenneth.johnson12@va.gov mailto:kenneth.johnson12@va.gov

SECTION C - CONTRACT CLAUSES

C.1 52.212-4 CONTRACT TERMS AND CONDITIONS—COMMERCIAL

PRODUCTS AND COMMERCIAL SERVICES (NOV 2023)

(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…

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