36C26323Q0785.pdf

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

636-23-1-5127-0005

36C26323Q0785 06-20-2023

Jennifer Buck jennifer.buck2@va.gov 515-699-5999 x21055 06-23-2023

11:59 AM CDT

Department of Veterans Affairs

Network Contracting Office 23 (NCO 23)

2501 W. 22nd Street

Sioux Falls SD 57105

X 100

X

Y

561710

$15.5 Million

N/A

N/A

VA Nebraska Western Iowa Health Care

System

4101 Woolworth Avenue

Omaha NE 68105

Network Contracting Office 23 (NCO 23)

2501 W. 22nd Street

Sioux Falls SD 57105 https://www.fsc.va.gov/einvoice.asp

Financial Services Center

Via The Tungsten Network

Refer to VAAR Clause 852.232-72

See CONTINUATION Page

Integrated Pest Management Services to support the Nebraska-

Western Iowa VA Health Care System.

See Statement of Work (SOW) and Price/Cost Schedule for specific information

Periods of Performance:

Base Period: 07/01/2023 - 06/30/2024

Option Period 1: 07/01/2024 to 06/30/2025

Option Period 2: 07/01/2025 to 06/30/2026

Option Period 3: 07/01/2026 to 06/30/2027

Option Period 4: 07/01/2027 to 06/30/2028

Service Contract Act Wage Determination 2015-5005 REV 19 and

2015-5771 REV 20 apply to services under this contract

Requirement is 100% set-aside for Small Business

All offerors shall be verified within the System for Award

Management (SAM) https://sam.gov/

See and Review FAR 52.212-2 Evaluation Factors listed below

Questions due no later than 10:00 AM CST on 06/21/2023

Evaluation of Offers: Lowest Price Technically Acceptable

$0.00

See CONTINUATION Page

636-3630162-5127-856200-2542-010056190

636-23-1-5127-0005

X one(1)

Scott Morrison

Contracting Officer

36C26323Q0785

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

STATEMENT OF WORK

B.2 PRICE/COST SCHEDULE

ITEM INFORMATION

SECTION C - CONTRACT CLAUSES

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

AND COMMERCIAL SERVICES (DEC 2022)

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

C.3 52.217-9 OPTION TO EXTEND THE TERM OF THE CONTRACT (MAR 2000) ...46

C.4 52.223-99 ENSURING ADEQUATE COVID-19 SAFETY PROTOCOLS FOR

FEDERAL CONTRACTORS (OCT 2021) (DEVIATION)

C.5 SUPPLEMENTAL INSURANCE REQUIREMENTS

C.6 52.204-9 PERSONAL IDENTITY VERIFICATION OF CONTRACTOR

PERSONNEL (JAN 2011)

C.7 52.252-2 CLAUSES INCORPORATED BY REFERENCE (FEB 1998)

C.8 52.228-5 INSURANCE—WORK ON A GOVERNMENT INSTALLATION (JAN 1997)

C.9 52.237-2 PROTECTION OF GOVERNMENT BUILDINGS, EQUIPMENT, AND

VEGETATION (APR 1984)

C.10 VAAR 852.201-70 CONTRACTING OFFICER'S REPRESENTATIVE (DEC 2022)

C.11 VAAR 852.203-70 COMMERCIAL ADVERTISING (MAY 2018)

C.12 VAAR 852.219-75 VA NOTICE OF LIMITATIONS ON SUBCONTRACTING--

CERTIFICATE OF COMPLIANCE FOR SERVICES AND CONSTRUCTION (NOV 2022)

C.13 VAAR 852.232-72 ELECTRONIC SUBMISSION OF PAYMENT REQUESTS

(NOV 2018)

C.14 VAAR 852.242-71 ADMINISTRATIVE CONTRACTING OFFICER (OCT 2020) ...53

SECTION D - CONTRACT DOCUMENTS, EXHIBITS, OR ATTACHMENTS

SECTION E - SOLICITATION PROVISIONS

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

COMMERCIAL SERVICES (MAR 2023)

E.2 ADDENDUM to FAR 52.212-1 INSTRUCTIONS TO OFFERORS—COMMERCIAL

ITEMS

E.3 52.212-2 EVALUATION—COMMERCIAL ITEMS (OCT 2014)

E.4 52.212-3 OFFEROR REPRESENTATIONS AND CERTIFICATIONS—

COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES (DEC 2022)

E.5 52.233-2 SERVICE OF PROTEST (SEP 2006)

E.6 52.216-1 TYPE OF CONTRACT (APR 1984)

E.7 52.217-5 EVALUATION OF OPTION (JUL 1990)

Except when it is determined in accordance with FAR 17.206(b) not to be in the

Government's best interests, the Government will evaluate offers for award purposes by adding the total price for all options to the total price for the basic requirement.

Evaluation of options will not obligate the Government to exercise the option(s)

E.8 52.252-1 SOLICITATION PROVISIONS INCORPORATED BY REFERENCE (FEB

1998)

E.9 52.204-16 COMMERCIAL AND GOVERNMENT ENTITY CODE REPORTING

(AUG 2020)

E.10 VAAR 852.223-71 SAFETY AND HEALTH (SEP 2019)

E.11 VAAR 852.233-70 PROTEST CONTENT/ ALTERNATIVE DISPUTE (OCT 2018)

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:

Business Name:

DUNS Number:

Contact Person:

Email:

Phone:

b. GOVERNMENT: Contracting Officer

Name: Jennifer Buck, Contracting Specialist

Email: jennifer.buck2@va.gov

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

[X] 52.232-33, Payment by Electronic Funds Transfer—System for Award Management

3. INVOICES: Invoices shall be submitted in arrears:

• Invoices shall be submitted monthly or a frequency mutually agreed upon by the contractor and Omaha, NE VAHCS Contract Officers Representative (COR).

• Invoices shall cite applicability to specific Contract Line Items seen in the Price/Cost Schedule listed below.

• Unless otherwise coordinated with the COR, at no time shall the contractor submit more than one invoice in a month. Services provided shall be limited to a single monthly invoice.

mailto:Joseph.Bennett@va.gov

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

Tungsten Electronic Invoicing

VA Tungsten Number: AAA544240062 va.registration@tungsten-network.com

Refer to VAAR Clause 852.232-72

5. INVOICING: All invoices from the contractor shall be submitted electronically in accordance with VAAR Clause 852.232-72 Electronic Submission of Payment Requests. VA’s Electronic Invoice Presentment and Payment System. The FSC uses a third-party contractor, Tungsten, to transition vendors from paper to electronic invoice submission. Please go to this website:

http://www.tungsten-network.com/US/en/veterans-affairs/ to begin submitting electronic invoices, free of charge.

• Payment Remittance: Monthly billings will be submitted into the Tungsten Network web link. Website: http://www.tungsten-network.com/customer-campaigns/veterans-affairs/

• Tungsten’s Email Assistance: VA.Registration@tungsten-network.com

• Tungsten’s Contact Phone: 1-877-489-6135 for support or 1-877-752-0900 for Client Services.

• VA Financial Services Center is available at http://www.fsc.va.gov/einvoice.asp.

• VA FSC email: vafsccshd@va.gov

• VA FSC Contact Phone: 877-353-9791

6. VA ISSUED BADGE: Contract employees may be required to obtain a VA Identification Badge. Determination of badging will be made by the Iowa City VA Health Care System Technical Representative.

7. CONTRACTOR ATTIRE AND IDENTIFICATION. The Contractor shall wear industry clothing that enables easy recognition as a “Contract Employee.” Clothing shall present a neat, distinctive appearance; shall be clean and maintained in good repair; and shall be worn as designed by the manufacturer. The Contractor shall wear appropriate clothing with logo identifying the contractor’s and employee’s name. The Contractor’s attire and presentation shall be appropriate per industry standard.

8. EMERGENCY PROCEDURES. The Contractor shall take such safety precautions as necessary to protect the lives and health of occupants of the buildings. The Contractor shall comply with applicable Federal, State, Local and facility safety and fire regulations and codes which are in effect at the beginning of the contract period. The Contractor shall keep abreast of and comply with changes in these regulations and codes applicable to the contract. The Contractor shall follow applicable facility policies concerning fire and/or disaster events. The http://www.tungsten-network.com/US/en/veterans-affairs/ http://www.tungsten-network.com/customer-campaigns/veterans-affairs/ http://www.tungsten-network.com/customer-campaigns/veterans-affairs/ mailto:VA.Registration@tungsten-network.com http://www.fsc.va.gov/einvoice.asp mailto:vafsccshd@va.gov

Contractor shall display approved warning devices in all areas where operations may cause traffic obstruction or personnel hazard.

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

AMENDMENT NO DATE

STATEMENT OF WORK

Nebraska-Western Iowa VA Health Care

System Pest Management Services

1. Scope of Work

The contractor will be responsible and held to the expectations mentioned within this Scope of

Work (SOW). The Contractor will provide pest control services as described herein for the

Department of Veterans Affairs - Nebraska Western Iowa Health Care System (NWIHCS) at the following locations:

VA Medical Center - Omaha

4101 Woolworth Ave.

Omaha, NE 68105

VA Ambulatory Care Center - Omaha

Fisher House - Omaha

Lincoln CBOC

600 S 70th St.

Lincoln NE 68510

Grand Island CBOC

2201 N. Broadwell

Ave. Grand Island, NE 68803

Shenandoah CBOC

512 S Fremont

Shenandoah, IA 51601

Norfolk CBOC

710 S 13th, Suite 1200

Norfolk, NE 68701

Holdrege CBOC

1118 Burlington St

Holdrege, NE 68949

North Platte CBOC

600 E Francis Street

North Platte, NE 69101

VA Center Mall Annex (2nd Floor, 5th Floor and Polytrauma)

Omaha NE 68105

A. The Contractor shall provide all supplies, materials, equipment, labor supervision, management and transportation to perform all tasks as identified below.

B. All work is to be performed in accordance with the guidelines established by Federal, State and local ordinances and with the Contractor’s Procedure Manual and Quality

Control Manual.

C. The Contractor shall submit to the Chief, Environmental Services or Contracting

Officer’s Representative (COR) a detailed Pest Management Plan (PMP) to include a quality Control Plan to encompass all buildings identified in Section 1.

2. Compliance Regulations – Pest management operations of VA Healthcare Facilities are governed, in part by: VHA Handbook 1850.02 (See attached document). Which covers: banned use of Herbicide 2,4-dichlorophenoxyacetic acid, Bed Bug Management, and other annual pest control requirements. Review, in advance of submitting your quotation, and indicate specifically whether there are any items that do not comply with this handbook.

3. Contractor Responsibilities

A. The Contractor shall obtain all necessary licenses and/or permits required to perform this work.

B. The Contractor shall take all reasonable precautions necessary to protect persons and property from injury or damage during the performance of this contract.

C. The Contractor shall be responsible for any injury to himself/herself, his/her employees, as well as for any damage to personal or public property that occurs during the performance of this contract that is caused by his/her employees’ fault or negligence and shall maintain personal liability and property damage insurance having coverage for a limit as required by the laws of the State of Nebraska. Further, it is agreed that any negligence of the Government, it’s officers, agents, servants and employees, shall not be the responsibility of the Contractor hereunder with the regard to any claims, loss, damage, injury and liability resulting there from.

D. The Contractor shall provide routine General Maintenance treatments to control and manage the following: 1) general structural arthropod pests to include cockroaches, ants, carpet beetles, spiders, carpenter ants, stable flies, blowflies, etc. 2) nuisance or occasional invader pests to include bees, wasps, scorpions, pill bugs, crickets, etc. 3) stored product pests to include sawtooth grain beetles, red/confused flour beetles, Trogoderma beetles, grain moths, etc. 4) mice and rats to include house mouse, field mouse, roof rat, Norway rat, etc. 5) aquatic pests to include mosquito larvae/pupae, algae, etc. The General

Maintenance services are to provide a proactive approach in addressing seasonal pests from entering the facility via openings and or cracks in the structure, harborages in bushes/foliage, etc. Contractor will notify COR when openings have been identified and provide a plan of action to address how it will be treated and with what chemical or trap if needed prior to implementing the solution.

E. The Contractor shall provide and maintain Flying Insect Lights at key areas to provide optimal coverage to control flies and flying insects from entering the facility throughout the flying insect season.

F. The Contractor shall provide treatments for the following:

1) Parasitic pests to include lice, fleas, mites, ticks, mosquitoes, etc.

2) Pest birds to include pigeons, sparrows, blackbirds, etc.

3) Wildlife and other vertebrate pests to include bats, squirrels, gophers, moles, skunks, snakes, rabbits, etc. 3) Bed Bug treatments

G. The Contractor will arrive at each location for emergency requests for treatments reported by management staff of the NWIHCS Environmental Management Services (EMS) or the

COR. The Contractor will check in with EMS personnel filling a supervisory role upon arrival and be escorted to each location of the facility where the pest(s) to be addressed/treated are located. The Contractor will notify EMS personnel filling a supervisory role upon completion and fill the needed information in the EMS Pest Control

Log which informs time of arrival, time of completion, chemical/trap used, date, and name of Pest Controller performing the duties.

H. Provide a termite inspection plan and submit findings and course of action for addressing the problem prior to implementation to the COR to provide adequate time and planning for unhindered pest control services.

I. Contractor will remove all carcasses from the premises.

J. In addition to the above, Preventative Maintenance Planning and services are to be performed on the building’s exterior. This will include all buildings on the property as specified in Section 2(d).

4. Scheduling

A. Pest Management tasks shall be scheduled so as to be performed on definite appointed dates and times and in no event shall the Contractor carry on work outside agreed-upon working hours without prior approval of the COR.

B. In the event of climate or weather conditions becoming unsuitable for work or may induce an environmental hazard, the work shall be rescheduled to a date and time satisfactory to the Contractor and the COR. Postponement will not reflect any past performance ratings assessed to the Contractor. Additionally, there shall not be any additional cost to the

Government resulting from acts of God.

C. The Contractor shall submit a Pest Management Plan (PMP) and Quality Control Program to the COR. If aspects of the PMP are incomplete or disapproved, the Contractor shall submit revisions to the COR until both parties are in agreement with the PMP. The

Contractor shall be on-site to perform the initial service visit for each building within 30 days of the inception of the contract.

D. All work is to be performed in accordance with all regulations and guidelines established by Federal, and State governing agencies. Licensed pest control operator(s) must complete all work.

E. Contractor’s representative(s) will wear an identification tag signifying they are employed with the contractor while working on Government property.

F. The Contracting Officer’s Representative (COR) must approve pest control chemicals and equipment, to be used on Government property. A chemical inventory will be provided to the COR and VA personnel (identified by the COR) listing all pesticides, bait, and traps to be utilized for use on Government property.

5. Hours of Operation

Unless otherwise specified by the Contracting Officer or the COR, tasks/ services are to be performed during normal business hours of: 7 am to 5 pm, Monday through Friday.

6. Bed Bug Treatments

A. Bed bug treatments for patient care rooms include individual patient rooms with rest room, exam rooms, and treatment rooms. The VA will remove all cloth and materials from the patient care rooms prior to treatment. Due to the pervasive nature of the required treatments the contractor shall determine an average fixed rate for these types of rooms and include this rate in their quoted pricing.

B. Bed bug treatments for non-patient care areas include waiting rooms, lobby areas, and public restrooms, etc. The waiting rooms and lobby areas may include wooden furniture, drapes and may be carpeted. Due to the pervasive nature of the required treatments the contractor shall determine an average fixed rate for these types of rooms and include this rate in their quoted pricing.

C. The Contractor shall provide Bed bug treatments to government vehicles, and shuttle buses on an as needed basis. The allotted time for treatment will be the same as the location of the government vehicles and shuttle buses.

D. The Contractor will arrive on-site and treat within the allotted time of 4 hours for each location all requests for bed bug treatments reported by any management staff of the

NWIHCS Environmental Management Services (EMS) or the COR. The need for bed bug treatments may occur at any time seven days a week to include federal holidays.

7. Special Provisions

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

A. Food Handling Areas: Treatment of these areas is limited to only times when food is not being held, processed, prepared, served and while not occupied by facility employees.

The Contractor personnel shall at no time enter facility elevators, which are occupied by food service equipment while in the possession of pesticides or utilize pesticides with low volatility and be odor free in order to keep odor levels from affecting patients in these areas. All work to be performed shall be coordinated and approved by the COR prior to treating the area(s).

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

1) Critical areas consist of: Pharmacy, Operating rooms, Intensive Care Unit, Recovery rooms, Procedure rooms, and Respiratory Care areas, Dialysis, Pulmonary Function

Lab and Supply Processing and Distribution (SPD).

C. When space treatment is required in these areas, the method of pesticide application shall be applied with approved equipment capable of delivering a particle size range acceptable to current CDC/NIOSH standards. The contractor will not use any form of aerosol cans to apply treatment of pesticides whatsoever.

8. Quality Control Program

A. The contractor will provide the COR and Program Manager with a Quality Control

Program as specified in Section 1(c ).

B. The Contractor will make the appropriate selection and utilization of non-chemical control methods, which eliminate, exclude or repel pests (i.e. traps, caulking, etc.).

C. The Contractor will make the appropriate selection and use of the soundest pesticide(s) to affect control when chemical control methods are necessary.

9. Monitoring Procedures

A. The Contractor will conduct monthly inspections of all areas to determine pest management measures that are appropriate and required.

B. The Contractor will make any recommendations, in writing, for environmental sanitation practices that restrict or eliminate; food, water, or harborage for pest.

C. The Contractor will conduct evaluations of control measures and report results (in writing) to the COR.

10. Miscellaneous Requirements

A. Disposal of Hazardous Waste:

The Contractor shall not dispose of any excess pesticide containers or any other materials contaminated by pesticides on Government property.

B. Storage of Materials:

No pest control materials or equipment shall be kept on Government property, when contractor personnel are not working, without the express approval of the

COR

11. Frequency of Service

A. The Contractor will coordinate with the COR to ensure adequate treatment is provided in areas where access has limited hours available for treatment.

B. Contractor will provide services to the Omaha facility on a weekly basis and the

Lincoln facility and CBOC locations on a monthly basis. Services shall be coordinated with the COR prior to taking place.

C. Contractor personnel are required to interrupt their work at any time so as not to interfere with the normal functioning of the facility, including utility services, fire protection systems and passage of facility patients, personnel, equipment and carts.

B.2 PRICE/COST SCHEDULE

ITEM INFORMATION

ITEM

NUMBE

R

DESCRIPTION OF

SUPPLIES/SERVIC

ES

QUANTIT

Y

UNI

T UNIT PRICE AMOUNT

12.00 MO ________________

Omaha-Cockroach/Rodent (General Maintenance) NAICS: 561710 "Exterminating and Pest Control Services";

PSC S207 "Housekeeping - Insect/Rodent Control" Contract Period: Base POP Begin: 07-01-2023 POP End: 06-30-2024 PRINCIPAL NAICS CODE: 561710 - Exterminating and Pest Control Services PRODUCT/SERVICE CODE: S207 - Housekeeping - Insect/Rodent Control

6.00 MO ________________

Omaha-Large Fly Program NAICS: 561710 "Exterminating and Pest Control Services" PSC S207 "Housekeeping - Insect/Rodent Control"

Contract Period: Base POP Begin: 07-01-2023 POP End: 06-30-2024 PRINCIPAL NAICS CODE: 561710 - Exterminating and Pest Control Services

Grand Island-Cockroach/Rodent (General Maintenance) NAICS: 561710 "Exterminating and Pest Control Services" PSC S207 "Housekeeping - Insect/Rodent Control" Contract Period: Base POP Begin: 07-01-2023 POP End: 06-30-2024 PRINCIPAL NAICS CODE: 561710 - Exterminating and Pest

Control Services

Grand Island-Large Fly Program NAICS: 561710 "Exterminating and Pest Control Services" PSC S207 "Housekeeping - Insect/Rodent Control" Contract Period: Base POP Begin: 07-01-2023 POP End: 06-30-2024 PRINCIPAL NAICS CODE: 561710 - Exterminating and Pest Control Services

360.00 EA ________________

Bed Bug Treatment (all locations in NWI) NAICS: 561710 "Exterminating and Pest Control Services" PSC S207 "Housekeeping - Insect/Rodent Control" Contract Period: Base POP Begin: 07-01-2023 POP End: 06-30-2024 PRINCIPAL NAICS CODE: 561710 - Exterminating and Pest Control Services

20.00 EA ________________

Vehicle/Bus Bed Bug Treatment (all locations) NAICS: 561710 "Exterminating and Pest Control Services" PSC S207 "Housekeeping - Insect/Rodent Control" Contract Period: Base POP Begin: 07-01-2023 POP End: 06-30-2024 PRINCIPAL NAICS CODE: 561710 - Exterminating and Pest Control Services

1.00 EA ________________

Pest Control Services at the VA Center Mall Annex NAICS: 561710 "Exterminating and Pest Control Services" PSC S207 "Housekeeping - Insect/Rodent Control"

Contract Period: Base POP Begin: 07-01-2023 POP End: 06-30-2024

Pest Control Services for the ACC NAICS: 561710 "Exterminating and Pest Control Services" PSC S207 "Housekeeping - Insect/Rodent Control" Contract Period: Base POP Begin: 07-01-2023 POP End: 06-30-2024 PRINCIPAL NAICS CODE: 561710 - Exterminating and Pest Control Services

Pest Control Services for the Fisher House NAICS: 561710 "Exterminating and Pest Control Services" PSC S207 "Housekeeping - Insect/Rodent Control" Contract Period: Base POP Begin: 07-01-2023 POP End: 06-30-2024 PRINCIPAL NAICS CODE: 561710 - Exterminating and Pest Control Services

20.00 MO ________________

On-Demand Services Per SOW, up to a 300 sq ft area NAICS: 561710 "Exterminating and Pest Control Services" PSC S207 "Housekeeping - Insect/Rodent Control" Contract Period: Base POP Begin: 07-01-2023 POP End: 06-30-2024 PRINCIPAL NAICS CODE: 561710 - Exterminating and Pest Control Services

Omaha-Cockroach/Rodent (General Maintenance) NAICS: 561710 "Exterminating and Pest Control Services" PSC S207 "Housekeeping - Insect/Rodent Control" Contract Period: Option 1 POP Begin: 07-01-2024 POP End: 06-30-2025

Omaha-Large Fly Program NAICS: 561710 "Exterminating and Pest Control Services" PSC S207 "Housekeeping - Insect/Rodent Control" Contract Period: Option 1 POP Begin: 07-01-2024 POP End: 06-30-2025 PRINCIPAL NAICS CODE: 561710 - Exterminating and Pest Control Services

Grand Island-Cockroach/Rodent (General Maintenance) NAICS: 561710 "Exterminating and Pest Control Services" PSC S207 "Housekeeping - Insect/Rodent Control" Contract Period: Option 1 POP Begin: 07-01-2024 POP End: 06-30-2025 PRINCIPAL NAICS CODE: 561710 - Exterminating and Pest Control Services

Grand Island-Large Fly Program NAICS: 561710 "Exterminating and Pest Control Services" PSC S207 "Housekeeping - Insect/Rodent Control" Contract Period: Option 1 POP Begin: 07-01-2024 POP End: 06-30-2025 PRINCIPAL NAICS CODE: 561710 - Exterminating and Pest Control Services

Bed Bug Treatment (all locations in NWI) NAICS: 561710 "Exterminating and Pest Control Services" PSC S207 "Housekeeping - Insect/Rodent Control"

Contract Period: Option 1 POP Begin: 07-01-2024 POP End: 06-30-2025

Vehicle/Bus Bed Bug Treatment (all locations) NAICS: 561710 "Exterminating and Pest Control Services" PSC S207 "Housekeeping - Insect/Rodent Control"

Contract Period: Option 1 POP Begin: 07-01-2024 POP End: 06-30-2025 PRINCIPAL NAICS CODE: 561710 - Exterminating and Pest Control Services

Pest Control Services at the VA Center Mall Annex NAICS: 561710 "Exterminating and Pest Control Services" PSC S207 "Housekeeping - Insect/Rodent Control" Contract Period: Option 1 POP Begin: 07-01-2024 POP End: 06-30-2025 PRINCIPAL NAICS CODE: 561710 - Exterminating and Pest Control Services

Pest Control Services for the ACC NAICS: 561710 "Exterminating and Pest Control Services" PSC: S207 "Housekeeping - Insect/Rodent Control" Contract Period: Option 1 POP Begin: 07-01-2024 POP End: 06-30-2025 PRINCIPAL NAICS CODE: 561710 - Exterminating and Pest Control Services

Pest Control Services for the Fisher House NAICS: 561710 "Exterminating and Pest Control Services" PSC: S207 "Housekeeping - Insect/Rodent Control"

Contract Period: Option 1 POP Begin: 07-01-2024 POP End: 06-30-2025

On-Demand Services Per SOW, up to a 300 sq ft area NAICS: 561710 "Exterminating and Pest Control Services" PSC: S207 "Housekeeping - Insect/Rodent Control" Contract Period: Option 1 POP Begin: 07-01-2024 POP End: 06-30-2025 PRINCIPAL NAICS CODE: 561710 - Exterminating and Pest Control Services

Omaha-Cockroach/Rodent (General Maintenance) NAICS: 561710 "Exterminating and Pest Control Services" PSC: S207 "Housekeeping - Insect/Rodent Control"

Contract Period: Option 2 POP Begin: 07-01-2025 POP End: 06-30-2026 PRINCIPAL NAICS CODE: 561710 - Exterminating and Pest Control Services

Omaha-Large Fly Program NAICS: 561710 "Exterminating and Pest Control Services" PSC: S207 "Housekeeping - Insect/Rodent Control" Contract Period: Option 2 POP Begin: 07-01-2025 POP End: 06-30-2026 PRINCIPAL NAICS CODE: 561710 - Exterminating and Pest Control Services

Grand Island-Cockroach/Rodent (General Maintenance) NAICS: 561710 "Exterminating and Pest Control Services" PSC: S207 "Housekeeping - Insect/Rodent Control"

Contract Period: Option 2 POP Begin: 07-01-2025

POP End: 06-30-2026 PRINCIPAL NAICS CODE: 561710 - Exterminating and Pest Control Services

Grand Island-Large Fly Program PSC: S207 "Housekeeping - Insect/Rodent Control" NAICS: 561710 "Exterminating and Pest Control Services" Contract Period: Option 2 POP Begin: 07-01-2025 POP End: 06-30-2026 PRINCIPAL NAICS CODE: 561710 - Exterminating and Pest Control Services

Bed Bug Treatment (all locations in NWI) NAICS: 561710 "Exterminating and Pest Control Services" PSC: S207 "Housekeeping - Insect/Rodent Control"

Contract Period: Option 2 POP Begin: 07-01-2025 POP End: 06-30-2026 PRINCIPAL NAICS CODE: 561710 - Exterminating and Pest Control Services

Vehicle/Bus Bed Bug Treatment (all locations) PSC: S207 "Housekeeping - Insect/Rodent Control" NAICS: 561710 "Exterminating and Pest Control Services"

Contract Period: Option 2 POP Begin: 07-01-2025 POP End: 06-30-2026 PRINCIPAL NAICS CODE: 561710 - Exterminating and Pest Control Services

Pest Control Services at the VA Center Mall Annex NAICS: 561710 "Exterminating and Pest Control Services"

Contract Period: Option 2

POP Begin: 07-01-2025 POP End: 06-30-2026 PRINCIPAL NAICS CODE: 561710 - Exterminating and Pest Control Services

Pest Control Services for the ACC NAICS: 561710 "Exterminating and Pest Control Services" PSC: S207 "Housekeeping - Insect/Rodent Control" Contract Period: Option 2 POP Begin: 07-01-2025 POP End: 06-30-2026 PRINCIPAL NAICS CODE: 561710 - Exterminating and Pest Control Services

Pest Control Services for the Fisher House NAICS: 561710 "Exterminating and Pest Control Services" PSC: S207 "Housekeeping - Insect/Rodent Control"

Contract Period: Option 2 POP Begin: 07-01-2025 POP End: 06-30-2026 PRINCIPAL NAICS CODE: 561710 - Exterminating and Pest Control Services

On-Demand Services Per SOW, up to a 300 sq ft area NAICS: 561710 "Exterminating and Pest Control Services" PSC: S207 "Housekeeping - Insect/Rodent Control" Contract Period: Option 2 POP Begin: 07-01-2025 POP End: 06-30-2026 PRINCIPAL NAICS CODE: 561710 - Exterminating and Pest Control Services

Omaha-Cockroach/Rodent (General Maintenance)

Contract Period: Option 3 POP Begin: 07-01-2026 POP End: 06-30-2027 PRINCIPAL NAICS CODE: 561710 - Exterminating and Pest Control Services

Omaha-Large Fly Program NAICS: 561710 "Exterminating and Pest Control Services" PSC: S207 "Housekeeping - Insect/Rodent Control" Contract Period: Option 3 POP Begin: 07-01-2026 POP End: 06-30-2027 PRINCIPAL NAICS CODE: 561710 - Exterminating and Pest Control Services

Grand Island-Cockroach/Rodent (General Maintenance) NAICS: 561710 "Exterminating and Pest Control Services" PSC: S207 "Housekeeping - Insect/Rodent Control"

Contract Period: Option 3 POP Begin: 07-01-2026 POP End: 06-30-2027 PRINCIPAL NAICS CODE: 561710 - Exterminating and Pest Control Services

Grand Island-Large Fly Program NAICS: 561710 "Exterminating and Pest Control Services" PSC: S207 "Housekeeping - Insect/Rodent Control" Contract Period: Option 3 POP Begin: 07-01-2026 POP End: 06-30-2027 PRINCIPAL NAICS CODE: 561710 - Exterminating and Pest Control Services

Bed Bug Treatment (all locations in NWI)

Contract Period: Option 3 POP Begin: 07-01-2026 POP End: 06-30-2027 PRINCIPAL NAICS CODE: 561710 - Exterminating and Pest Control Services

Vehicle/Bus Bed Bug Treatment NAICS: 561710 "Exterminating and Pest Control Services" PSC: S207 "Housekeeping - Insect/Rodent Control" Contract Period: Option 3 POP Begin: 07-01-2026 POP End: 06-30-2027 PRINCIPAL NAICS CODE: 561710 - Exterminating and Pest Control Services

Pest Control Services at the VA Center Mall Annex NAICS: 561710 "Exterminating and Pest Control Services" PSC: S207 "Housekeeping - Insect/Rodent Control"

Contract Period: Option 3 POP Begin: 07-01-2026 POP End: 06-30-2027 PRINCIPAL NAICS CODE: 561710 - Exterminating and Pest Control Services

Pest Control Services for the ACC NAICS: 561710 "Exterminating and Pest Control Services" PSC: S207 "Housekeeping - Insect/Rodent Control" Contract Period: Option 3 POP Begin: 07-01-2026 POP End: 06-30-2027 PRINCIPAL NAICS CODE: 561710 - Exterminating and Pest Control Services

Pest Control Services for the Fisher House

Contract Period: Option 3 POP Begin: 07-01-2026 POP End: 06-30-2027 PRINCIPAL NAICS CODE: 561710 - Exterminating and Pest Control Services

On-Demand Services Per SOW, up to a 300 sq ft area NAICS: 561710 "Exterminating and Pest Control Services" PSC: S207 "Housekeeping - Insect/Rodent Control" Contract Period: Option 3 POP Begin: 07-01-2026 POP End: 06-30-2027 PRINCIPAL NAICS CODE: 561710 - Exterminating and Pest Control Services

Omaha-Cockroach/Rodent (General Maintenance) NAICS: 561710 "Exterminating and Pest Control Services" PSC: S207 "Housekeeping - Insect/Rodent Control"

Contract Period: Option 4 POP Begin: 07-01-2027 POP End: 06-30-2028 PRINCIPAL NAICS CODE: 561710 - Exterminating and Pest Control Services

Omaha-Large Fly Program NAICS: 561710 "Exterminating and Pest Control Services" PSC: S207 "Housekeeping - Insect/Rodent Control" Contract Period: Option 4 POP Begin: 07-01-2027 POP End: 06-30-2028 PRINCIPAL NAICS CODE: 561710 - Exterminating and Pest Control Services

Grand Island-Cockroach/Rodent (General Maintenance)

Contract Period: Option 4 POP Begin: 07-01-2027 POP End: 06-30-2028 PRINCIPAL NAICS CODE: 561710 - Exterminating and Pest Control Services

Grand Island-Large Fly Program NAICS: 561710 "Exterminating and Pest Control Services" PSC: S207 "Housekeeping - Insect/Rodent Control" Contract Period: Option 4 POP Begin: 07-01-2027 POP End: 06-30-2028 PRINCIPAL NAICS CODE: 561710 - Exterminating and Pest Control Services

Bed Bug Treatment (all locations in NWI)

Contract Period: Option 4 POP Begin: 07-01-2027 POP End: 06-30-2028 PRINCIPAL NAICS CODE: 561710 - Exterminating and Pest Control Services

Vehicle/Bus Bed Bug Treatment (all locations) NAICS: 561710 "Exterminating and Pest Control Services" PSC: S207 "Housekeeping - Insect/Rodent Control" Contract Period: Option 4 POP Begin: 07-01-2027 POP End: 06-30-2028 PRINCIPAL NAICS CODE: 561710 - Exterminating and Pest Control Services

Pest Control Services at the VA Center Mall Annex NAICS: 561710 "Exterminating and Pest Control Services" PSC: S207 "Housekeeping - Insect/Rodent Control"

Contract Period: Option 4 POP Begin: 07-01-2027 POP End: 06-30-2028 PRINCIPAL NAICS CODE: 561710 - Exterminating and Pest Control Services

Pest Control Services for the ACC NAICS: 561710 "Exterminating and Pest Control Services" PSC: S207 "Housekeeping - Insect/Rodent Control" Contract Period: Option 4 POP Begin: 07-01-2027 POP End: 06-30-2028 PRINCIPAL NAICS CODE: 561710 - Exterminating and Pest Control Services

Pest Control Services for the Fisher House NAICS: 561710 "Exterminating and Pest Control Services" PSC: S207 "Housekeeping - Insect/Rodent Control"

Contract Period: Option 4 POP Begin: 07-01-2026 POP End: 06-30-2028 PRINCIPAL NAICS CODE: 561710 - Exterminating and Pest Control Services

On-Demand Services Per SOW, up to a 300 sq ft area NAICS: 561710 "Exterminating and Pest Control Services" PSC: S207 "Housekeeping - Insect/Rodent Control" Contract Period: Option 4 POP Begin: 07-01-2027 POP End: 06-30-2028 PRINCIPAL NAICS CODE: 561710 - Exterminating and Pest Control Services

GRAND TOTAL ________________

TOTAL PRICING

BASE PERIOD $

OPTION PERIOD 1 $

OPTION PERIOD 2 $

OPTION PERIOD 3 $

OPTION PERIOD 4 $

TOTAL CONTRACT VALUE: $

SECTION C - CONTRACT CLAUSES

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

PRODUCTS AND COMMERCIAL SERVICES (DEC 2022)

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

Government must exercise its post-acceptance rights—

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

and

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

(b) Assignment. The Contractor or its assignee may assign its rights to receive payment due as a result of performance of this contract to a bank, trust company, or other financing institution, including any Federal lending agency in accordance with the Assignment of Claims

Act (31 U.S.C. 3727). However, when a third party makes payment (e.g., use of the

Governmentwide commercial purchase card), the Contractor may not assign its rights to receive payment under this contract.

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

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

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

(f) Excusable delays. The Contractor shall be liable for default unless nonperformance is caused by an occurrence beyond the reasonable control of the Contractor and without its fault or negligence such as, acts of God or the public enemy, acts of the Government in either its sovereign or contractual capacity, fires, floods, epidemics, quarantine restrictions, strikes, unusually severe weather, and delays of common carriers. The Contractor shall notify the

Contracting Officer in writing as soon as it is reasonably possible after the commencement of any excusable delay, setting forth the full particulars in connection therewith, shall remedy such occurrence with all reasonable dispatch, and shall promptly give written notice to the

Contracting Officer of the cessation of such occurrence.

(g) Invoice.

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

(i) Name and address of the Contractor;

(ii) Invoice date and number;

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

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

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

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

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

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

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

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

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

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

Electronic Funds Transfer—Other Than System for Award Management), or applicable agency procedures.

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

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

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

(i) Payment.—

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

(2) Prompt payment. The Government will make payment in accordance with the Prompt

Payment Act (31 U.S.C. 3903) and prompt payment regulations at 5 CFR part 1315.

(3) Electronic Funds Transfer (EFT). If the Government makes payment by EFT, see 52.212-

5(b) for the appropriate EFT clause.

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

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

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

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

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

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

(D) Contractor point of contact.

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

Officer.

(6) Interest.

(i) All amounts that become payable by the Contractor to the Government under this contract shall bear simple interest from the date due until paid unless paid within 30 days of becoming due. The interest rate shall be the interest rate established by the Secretary of the

Treasury as provided in 41 U.S.C. 7109, which is applicable to the period in which the amount becomes due, as provided in (i)(6)(v) of this clause, and then at the rate applicable for each six-month period as fixed by the Secretary until the amount is paid.

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

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

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

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

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

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

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

(A) The date fixed under this contract.

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

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

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

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

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

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

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

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

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

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

(l) Termination for the Government's convenience. The Government reserves the right to terminate this contract, or any part hereof, for its sole convenience. In the event of such termination, the Contractor shall immediately stop all work hereunder and shall immediately cause any and all of its suppliers and subcontractors to cease work. Subject to the terms of this contract, the Contractor shall be paid a percentage of the contract price reflecting the percentage of the work performed prior to the notice of termination, plus reasonable charges the

Contractor can demonstrate to the satisfaction of the Government using its standard record keeping system, have resulted from the termination. The Contractor shall not be required to comply with the cost accounting standards or contract cost principles for this purpose. This paragraph does not give the Government any right to audit the Contractor's records. The

Contractor shall not be paid for any work performed or costs incurred which reasonably could have been avoided.

(m) Termination for cause. The Government may terminate this contract, or any part hereof, for cause in the event of any default by the Contractor, or if the Contractor fails to comply with any contract terms and conditions, or fails to provide the Government, upon request, with adequate assurances of future performance. In the event of termination for cause, the Government shall not be liable to the Contractor for any amount for supplies or services not accepted, and the

Contractor shall be liable to the Government for any and all rights and remedies provided by law. If it is determined that the Government improperly terminated this contract for default, such termination shall be deemed a termination for convenience.

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

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

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

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

(r) Compliance with laws unique to Government contracts. The Contractor agrees to comply with 31 U.S.C. 1352 relating to limitations on the use of appropriated funds to influence certain

Federal contracts; 18 U.S.C. 431 relating to officials not to benefit; 40 U.S.C. chapter 37, Contract Work Hours and Safety Standards; 41 U.S.C. chapter 87, Kickbacks; 41 U.S.C. 4712 and 10 U.S.C. 4701 relating to whistleblower protections; 49 U.S.C. 40118, Fly American; and

41 U.S.C. chapter 21 relating to procurement integrity.

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

(1) The schedule of supplies/services.

(2) The Assignments, Disputes, Payments, Invoice, Other Compliances, Compliance with

Laws Unique to Government Contracts, and Unauthorized Obligations paragraphs of this clause;

(3) The clause at 52.212-5.

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

(5) Solicitation provisions if this is a solicitation.

(6) Other paragraphs of this clause.

(7) The Standard…