S02 - LEXINGTON EXTERMINATION - 36C24925Q0272 - MB.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

596-25-3-5070-0308

36C24925Q0272 05-10-2025

Will Blassingame 615-225-6964 05-20-2025

12PM CST

Department of Veterans Affairs

Network Contracting Office 9 (90C)

NCO 9

1639 Medical Center Parkway, Suite 204

Murfreesboro TN 37129

X 100

X

561710

$17.5 Million

N/A

X

Department of Veterans Affairs

Lexington VAMC

1101 Veterans Drive

Lexington KY 40502

90C

Network Contracting Office 9

Department of Veterans Affairs

Network Contracting Office (90C)

1639 Medical Center Parkway Suite 204

Murfreesboro TN 37129

90C

FSC e-Invoicing Payment http://www.fsc.va.gov/fsc/einvoice.asp

Invoice Setup Information 1-877-489-6135

Invoice must be submitted electronically

Setup 1-877-489-6135

See CONTINUATION Page

The Lexington VAMC has a requirement for a 5-year IDIQ provide Pest Control Services to the Lexington VAMC and other affiliated buildings and clinics such as CBOCS.

See the attached Statement of Work for service instructions locations, and evaluation factors.

This solicitation is issued in accordance with FAR Part 13.

Comparative Evaluations of quotes will be performed IAW

FAR 13.106-2(b), best value using price and other factors.

RFQ questions due on 5/13/2025 at 8am CST. Email all questions to william.blassingame@va.gov

Quotes are due on or before 5/20/2025 NLT 12PM CT.

See CONTINUATION Page x X

PHON PHASAVATH

36C24925Q0272

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 PRICE/COST SCHEDULE

ITEM INFORMATION

B.3 STATEMENT OF WORK

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 52.217-8 OPTION TO EXTEND SERVICES (NOV 1999)

C.3 VAAR 852.219-73 VA NOTICE OF TOTAL SET-ASIDE FOR CERTIFIED

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

(DEVIATION)

C.4 VAAR 852.219-75 VA NOTICE OF LIMITATIONS ON SUBCONTRACTING—

CERTIFICATE OF COMPLIANCE FOR SERVICES AND CONSTRUCTION (JAN 2023)

(DEVIATION)

C.5 VAAR 852.232-72 ELECTRONIC SUBMISSION OF PAYMENT REQUESTS (NOV

2018)

C.6 VAAR 852.242-71 ADMINISTRATIVE CONTRACTING OFFICER (OCT 2020)

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

C.8 52.212-5 CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT

STATUTES OR EXECUTIVE ORDERS—COMMERCIAL PRODUCTS AND

COMMERCIAL SERVICES (JAN 2025) (DEVIATION FEB 2025)

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 52.204-24 REPRESENTATION REGARDING CERTAIN TELECOMMUNICATIONS

AND VIDEO SURVEILLANCE SERVICES OR EQUIPMENT (NOV 2021)

E.3 52.204-29 FEDERAL ACQUISITION SUPPLY CHAIN SECURITY ACT

ORDERS—REPRESENTATION AND DISCLOSURES (DEC 2023)

E.4 52.209-7 INFORMATION REGARDING RESPONSIBILITY MATTERS (OCT 2018)

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

E.6 52.252-1 SOLICITATION PROVISIONS INCORPORATED BY REFERENCE (FEB

1998)

E.7 52.212-2 EVALUATION—COMMERCIAL PRODUCTS AND COMMERCIAL

SERVICES (NOV 2021)

E.8 52.212-3 OFFEROR REPRESENTATIONS AND CERTIFICATIONS—

COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES (MAY 2024) (DEVIATION

FEB 2025)

SECTION B - CONTINUATION OF SF 1449 BLOCKS

B.1 CONTRACT ADMINISTRATION DATA

1. Contract Administration: All contract administration matters will be handled by the following individuals:

a. CONTRACTOR:

b. GOVERNMENT: Contracting Officer 36C249

Department of Veterans Affairs

Network Contracting Office 9 (90C)

NCO 9

1639 Medical Center Parkway, Suite 204

Murfreesboro TN 37129

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, or

[] 52.232-36, Payment by Third Party

3. INVOICES: Invoices shall be submitted in arrears:

a. Quarterly []

b. Semi-Annually []

c. Other [x] Monthly

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

Requests.

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

AMENDMENT NO DATE

B.2 PRICE/COST SCHEDULE

ITEM INFORMATION

ITEM

NUMBER

DESCRIPTION OF

SUPPLIES/SERVICES QUANTITY UNIT

UNIT

PRICE AMOUNT

1001 12 MO __________

Pest Control Services for Lexington VAMC and designated

CBOCS.

Troy Bowling Campus:

1101 Veterans Drive Lexington, KY 40502

(859) 233-4511 ext. 4090

Franklin Sousley Campus 2250 Leestown Rd Lexington, KY 40511

(859) 233-4511 ext. 4091

Ordering Period: 1

POP Begin: 05-25-2025

POP End: 05-24-2026

12 MO __________

Pest Control Services for Lexington VAMC and designated

CBOCS.

Troy Bowling Campus:

1101 Veterans Drive Lexington, KY 40502

(859) 233-4511 ext. 4090

Franklin Sousley Campus 2250 Leestown Rd Lexington, KY 40511

(859) 233-4511 ext. 4091

Ordering Period: 2 POP Begin: 05-25-2026 POP End: 05-24-2027

3001 12 MO __________

Pest Control Services for Lexington VAMC and designated CBOCS.

Troy Bowling Campus:

1101 Veterans Drive Lexington, KY 40502

(859) 233-4511 ext. 4090

Franklin Sousley Campus 2250 Leestown Rd Lexington, KY 40511

(859) 233-4511 ext. 4091

Ordering Period: 3 POP Begin: 05-25-2027 POP End: 05-24-2028

4001 12 MO __________

Pest Control Services for Lexington VAMC and designated

CBOCS.

Troy Bowling Campus:

1101 Veterans Drive Lexington, KY 40502

(859) 233-4511 ext. 4090

Franklin Sousley Campus 2250 Leestown Rd Lexington, KY 40511

(859) 233-4511 ext. 4091

Ordering Period: 4

POP Begin: 05-25-2028

POP End: 05-24-2029

12 MO __________

Pest Control Services for Lexington VAMC and designated

CBOCS.

Troy Bowling Campus:

1101 Veterans Drive Lexington, KY 40502

(859) 233-4511 ext. 4090

Franklin Sousley Campus

2250 Leestown Rd Lexington, KY 40511

(859) 233-4511 ext. 4091

Ordering Period: 5 POP Begin: 05-25-2029 POP End: 05-24-2030

GRAND

TOTAL

B.3 STATEMENT OF WORK

1. GENERAL: The Contractor shall furnish all labor, materials, and equipment necessary to accomplish the surveillance, trapping, pesticide application, and pest removal components of the Integrated Pest Management (IPM) Program. The Veteran Affairs Contracting Officer’s Representative (COR) or qualified representative will provide the necessary onsite Quality Control and Safety oversight for the services rendered by the Contractor. If requested by the COR, the Contractor shall provide detailed, site- specific recommendations for structural and procedural modifications to aid in pest prevention.

All work is to be performed by qualified/certified applicators in accordance with all requirements and regulations, Federal, State and local, governing the service requested and in accordance with the contractor’s Procedures Manual and Quality Control Manual. The contractor shall conform to all federal, state, and local regulations governing examining and licensing of pest control operators, performance of pest control, use of approved pest control chemicals and equipment.

The Integrated Pest Management Services involves 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. The intent of the IPM program is to control and/or eliminate, insects and rodents detrimental to the health and welfare of VA Medical Center patients, employees and visitors. All services shall be required to be done in a manner that ensures the health and general well-being of patients, staff, and visitors. All infestations will be addressed until complete elimination of pests.

2. SCHEDULING:

a. The task and frequency of integrated pest management tasks are shown below, and the indicated time frames shall be the minimum basis for the scheduling of pest management tasks.

b. Service will be based on seven scheduled days per week – Monday through Sunday.

There is no limit to the number of visits that the Contractor may have to make to the medical center. All such visits must be made at the time satisfactory to the Contracting Officer’s Representative

(COR).

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

3. COMMERCIAL PESTICIDE APPLICATOR CERTIFICATES OR LICENSE: The Contractor shall provide photocopies of State-issued Commercial Pesticide Applicator Certificates or

Licenses for every Contractor employee who will be applying on-site pesticides under this contract. All

IPM tasks shall be accomplished to meet the guidelines as shown in the National Pest Control

Association’s good practice statements.

4. COVERAGE: The Contractor shall provide complete IPM service for buildings as shown under Tasks and Frequency.

5. TASKS: Integrated Pest Management Service required of the Contractor is as follows:

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

b. Recommended environmental sanitation practices that restrict or eliminate food, water, or harborage for a pest

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

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

e. COVERED PESTS: Cockroaches, mice, rats, fleas, silverfish, non-poisonous spiders (excluding black widow and brown recluse spiders), scorpions, ants, flies, gnats, centipedes, millipedes, earwigs, clothes moths, house crickets, paper wasps, bees (yellow jackets, hornets, and wasps). Control of general structural arthropod pest (i.e., ants, carpet beetles, spiders, earwigs, etc.). Flying insect pests (house flies, stable flies, and blow flies,), predatory pests (fleas, ticks, mosquitos, scorpions), apiarian pests (sparrow, pigeon, starling).

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

g. Investigation of cockroach sightings recorded in the Pest Control Complaint Logbook to determine the source and take positive action to eliminate the source.

h. Control of all aviation pests (i.e., sparrow, pigeon, starling, etc.).

i. Wood Destroying Insects: The cost for the treatment of carpenter ants, carpenter bees, wood borers, powder post beetles, and termites will be determined by the area and location within the building. Written estimate submitted for approval.

j. BEDBUGS:

• Contractor will provide treatment for Bed Bugs within four (4) hours. Bedbug thermal treatment cost will be determined by the square footage/location of the affected area.

• The Contractor will provide twelve (12) Bed Bug K-9 visits each year with no additional cost.

• The Contractor will provide a semi-annual walk-through in waiting areas with a bed bug K-9 as part of the contracted service.

• Contractor will be able to provide service K-9 service within eight (8) hours from the time of the request.

6. SPECIAL PROVISIONS: THE FOLLOWING PROVISIONS SHALL BE ADHEARED

TO BY THE Contractor personnel in performing pesticide applications of the area 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.

b. Patient Occupied Areas: Contractor personnel shall utilize pesticides with as low volatility and as odor free as possible to keep levels from affecting patients in these areas.

c. 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.

d. Pesticides in these areas requires recognition of the attendant hazards to occupants, supplies, equipment, and surfaces. No substitutions can be made at any time without approval from the COR.

Critical areas (as determined by local medical facility guidelines and VHA Program Guide 1850.2:

Pharmacy Intensive Care Units

Research Facilities Respiratory Care Areas

Operating Rooms Nutrition & Food Areas

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

f. Elevators: Contractor personnel shall not enter any facility elevator at any time when food service equipment is present.

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

8. DISPOSAL OF HAZARDOUS WASTES: The Contractor shall not dispose of any excess pesticide containers, or any other materials contaminated by pesticides at any location on the medical facility premises except as specified by the COR.

9. STORAGE OF PEST CONTROL MATERIALS: No pest control materials or equipment shall be stored or kept at the Veterans Affairs installation when the operator is not working, without the express approval of the COR.

HOURS OF OPERATION

a. Normal business hours are 7:00 a.m. – to 4:30 p.m., Monday – through Friday, excluding federal holidays.

FEDERAL HOLIDAYS ARE AS FOLLOWS

• New Year’s Day

• Birthday of Martin Luther King, Jr.

• Washington’s Birthday

• Memorial Day

• Juneteenth National Independence Day

• Independence Day

• Labor Day

• Columbus Day

• Veterans Day

• Thanksgiving Day

• Christmas Day

• And any other day specifically declared by the President of the United States to be a national holiday.

b. Some contract tasks may require work performed after normal business hours as indicated under Task and Frequency.

CALL BACK REQUIREMENTS RESPONSE TIME

c. Routine - The Contractor shall be subject to a twelve (12) hour timeframe to provide service for all areas of the medical center.

d. Emergency – When an emergency condition exists (as determined by the COR).

The contractor shall respond verbally within one (1) hour of initial contact from

Environmental Services Department and will work with the Medical Center’s

Environmental Management Staff to negotiate and establish on-site response times based on severity levels of pest situations. The Contractor shall onsite within 2hours after receipt of a call for this service. A pest emergency refers to any sighting that may have an immediate harmful impact to patients or staff, which if not treated immediately could jeopardize the health and safety of patients, staff, and visitors.

e. Contact Information – The Contractor shall provide the Medical Center a direct telephone number to be used for communicating the facility’s needs.

REQUIRED CONTRACTING REQUIREMENTS

f. Contractor personnel will sign-in at the beginning of their scheduled work shift and sign-out at the end of their work shift. The sign-in will be accomplished at the Environmental Management Service (EMS) office of that campus. The Contractor representative will provide a tentative itinerary to the COR upon signing in. Coordination of special pest control problems will be conducted between the COR and the Contractor representative(s) at this time. The contractor representative will also review the Pest Control Complaint Logbook and provide remedial services in those areas while on-site.

The Contractor will sign-out with one of the EMS supervisors.

g. Contractor personnel will, prior to leaving, provide a field service report to the COTR, which documents all services provided during the service. The document will include:

(1). Name of person applying pesticide.

(2). Specific areas of the medical center, by building and room #, wherepesticides were applied.

(3). The pest or pests being treated.

(4). Date and time of application.

(5). Brand name of pesticide applied.

(6). Rate of application or amount of pesticide applied, and the total area treated.

h. The Contractor is responsible for maintaining locally produced forms relating to the treatment of all buildings listed under Task and Frequency.

i. During the period of this contract, the contractor will provide the following documents / reports, as required:

a. A listing of all rodenticides and pesticides shall be furnished to the Chief, Environmental Management Service with corresponding Material Safety Data Sheets(MSDS). EPA registration numbers shall also be furnished. The contractor will also provide the trade names (if any) and chemical names of the chemicals used and a label showing the contents, the use strength of the chemical as applied, and the antidote thereto. The contractor will furnish the same information each time he/she change chemicals or products used in the performance of this contract. This information is required by the Medical Center for emergency treatment in the event of ingestion and/or contact with the material by humans.

b. A copy of the contractor’s own Procedures and Quality Control Manual. This manual will be provided to the Contracting Officer’s Technical Representative (COTR) prior to start of work under this contract. This manual will contain procedures including, but not limited to:

a. Pesticide spill clean-up

b. Disposal of unused pesticides

c. Disposal of empty pesticide containers

d. Handling, storage, and transportation of pesticides

e. Mixing of pesticides

f. Cleaning and maintenance of pesticide equipment

g. Disposition of trapped animals

h. Trapping animals

i. Bird control

j. MSDS and Hazardous Chemicals training

RESTRICTION OF PEST CONTROL OPERATIONS

j. Any insecticide or rodenticides authorized by the Environmental Protection Agency (EPA) for the specific application process being accomplished may be used by the Contractor.

k. A listing of all rodenticides and pesticides shall be furnished to the COR with corresponding Safety Data Sheets (SDS). EPA registration numbers shall also be furnished. The Contractor will also provide the trade names (if any) and chemical names of the chemicals used and a label showing the contents, the use strength of the chemical as applied, and the antidote thereto. The Contractor will furnish the same information each time he/she changes chemicals or product used in the performance of this contract. This information is required by the Medical Center for emergency treatment in the event of ingestion and/or contact with the material by humans.

l. No additional products will be used without prior approval of the COR. When the Contractor desires to apply a different product, the requirements listed in “b” above must comply.

m. Product data, application data, and antidote are required by the Medical Service for emergency treatment in the event of ingestion of and/or contact with the material by humans.

n. All rodenticides, avicide’s, or traps shall be placed only at times and in the areas approved by the COR, and the unused portions shall be recovered at the latest by a time limit set by the chief. No pest control materials or traps shall be placed where they may be recovered by patients, particularly at the Neuropsychiatric wards. No pest control materials shall be allowed to contact food or cooking utensils.

o. The use of rodenticides shall be restricted to indoor locked areas, accessible only to persons designated by the COR, or any other location specifically provided by him. A record, in duplicate, shall be made of the location where each portion of any such rodenticide or traps are placed, one copy to be retained by the operator and one copy left for the COR.

p. Warfarin, Pival, Pivacin, Rozol, Promar, and other anti-coagulants are effective only after repeated eating by the rodent; therefore, traps and bait should be left exposed if there is evidence that the animals are eating the bait (up to six weeks).

TASK AND FREQUENCY:

q. Inspections and treatments as warranted are to be provided on a biweekly, or semi- annual basis as specified below:

(1) Biweekly – Kitchen Area

Canteen Kitchen Areas

Food Preparation Areas

(2) Semi-annually or as requested – All other areas.

r. Additional treatment of the areas listed above and treatment of other areas of the medical center will be provided when deemed necessary by the COR.

RECORDS MANAGEMENT OBLIGATIONS

A. Applicability

This clause applies to all Contractors whose employees create, work with, or otherwise handle Federal records, as defined in Section B, regardless of the medium in which the record exists.

B. Definitions

“Federal record” as defined in 44 U.S.C. § 3301, includes all recorded information, regardless of form or characteristics, made or received by a Federal agency under Federal law or in connection with the transaction of public business and preserved or appropriate for preservation by that agency or its legitimate successor as evidence of the organization, functions, policies, decisions, procedures, operations, or other activities of the United States Government or because of the informational value of data in them.

The term Federal record:

• includes Lexington VA Health Care System (LVAHCS) records.

• does not include personal materials.

• applies to records created, received, or maintained by Contractors pursuant to their LVAHCS contract.

• may include deliverables and documentation associated with deliverables.

C. REQUIREMENTS

Contractor shall comply with all applicable records management laws and regulations, as well as National Archives and Records Administration (NARA) records policies, including but not limited to the Federal Records Act (44 U.S.C. chs. 21, 29, 31, 33), NARA regulations at 36 CFR Chapter XII Subchapter B, and those policies associated with the safeguarding of records covered by the Privacy Act of 1974 (5 U.S.C. 552a). These policies include the preservation of all records, regardless of form or characteristics, mode of transmission, or state of completion.

In accordance with 36 CFR 1222.32, all data created for Government use and delivered to, or falling under the legal control of, the Government are Federal records subject to the provisions of 44 U.S.C. chapters 21, 29, 31, and 33, the Freedom of Information Act (FOIA) (5 U.S.C. 552), as amended, and the Privacy Act of 1974 (5 U.S.C. 552a), as amended and must be managed and scheduled for disposition only as permitted by statute or regulation.

In accordance with 36 CFR 1222.32, Contractor shall maintain all records created for Government use or created in the course of performing the contract and/or delivered to, or under the legal control of the Government and must be managed in accordance with Federal law. Electronic records and associated metadata must be accompanied by sufficient technical documentation to permit understanding and use of the records and data.

LVAHCS and its contractors are responsible for preventing the alienation or unauthorized destruction of records, including all forms of mutilation. Records may not be removed from the legal custody of LVAHCS or destroyed except for in accordance with the provisions of the agency records schedules and with the written concurrence of the Head of the Contracting Activity.

Willful and unlawful destruction, damage or alienation of Federal records is subject to the fines and penalties imposed by 18 U.S.C. 2701. In the event of any unlawful or accidental removal, defacing, alteration, or destruction of records, Contractor must report to LVAHCS. The agency must report promptly to NARA in accordance with 36 CFR 1230.

The Contractor shall immediately notify the appropriate Contracting Officer upon discovery of any inadvertent or unauthorized disclosures of information, data, documentary materials, records or equipment. Disclosure of non-public information is limited to authorized personnel with a need-to-know as described in the [contract vehicle].

The Contractor shall ensure that the appropriate personnel, administrative, technical, and physical safeguards are established to ensure the security and confidentiality of this information, data, documentary material, records and/or equipment is properly protected.

The Contractor shall not remove material from Government facilities or systems, or facilities or systems operated or maintained on the Government’s behalf, without the express written permission of the Head of the Contracting Activity. When information, data, documentary material, records and/or equipment is no longer required, it shall be returned to LVAHCS control or the Contractor must hold it until otherwise directed. Items returned to the Government shall be hand carried, mailed, emailed, or securely electronically transmitted to the Contracting Officer or address prescribed in the [contract vehicle]. Destruction of records is EXPRESSLY PROHIBITED unless in accordance with Paragraph (4).

The 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, contracts. The Contractor (and any sub-contractor) is required to abide by Government and LVAHCS guidance for protecting sensitive, proprietary information, classified, and controlled unclassified information.

The Contractor shall only use Government IT equipment for purposes specifically tied to or authorized by the contract and in accordance with LVAHCS policy.

The Contractor shall not create or maintain any records containing any non-public LVAHCS information that are not specifically tied to or authorized by the contract.

The 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 from public disclosure by an exemption to the Freedom of Information Act.

The LVAHCS owns the rights to all data and records produced as part of this contract. All deliverables under the contract are the property of the U.S. Government for which LVAHCS shall have unlimited rights to use, dispose of, or disclose such data contained therein as it determines to be in the public interest. Any Contractor rights in the data or deliverables must be identified as required by FAR 52.227-11 through FAR 52.227-20.

Training. All Contractor employees assigned to this contract who create, work with, or otherwise handle records are required to take LVAHCS-provided records management training. The Contractor is responsible for confirming training has been completed according to agency policies, including initial training and any annual or refresher training.

[Note: To the extent an agency requires contractors to complete records management training, the agency must provide the training to the contractor.]

D. Flow down of requirements to subcontractors

The Contractor shall incorporate the substance of this clause, its terms and requirements including this paragraph, in all subcontracts under this [contract vehicle], and require written subcontractor acknowledgment of same.

Violation by a subcontractor of any provision set forth in this clause will be attributed to the Contractor.

LOCATION AND CONTACT INFORMATION

Troy Bowling Campus

1101 Veterans Drive

Lexington, KY 40502

(859) 233-4511 ext. 4090

Franklin Sousley Campus

2250 Leestown Rd Lexington, KY 40511

(859) 233-4511 ext. 4091

10. CONTRACTOR PERSONNEL BADGES AND PARKING:

1. 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.

2. It is the responsibility of the contractor’s personnel to park in the appropriate designated parking areas.

3. Lexington VA Health Care System does not validate or make reimbursement for parking violation.

ORDER OF EVALUATION FACTORS

TECHNICAL / CAPABILITIES:

INDICATE ABILITY TO PROVIDE THE REQUESTED SERVICES TO A LARGE GOVERNMENT

MEDICAL FACILITY IN THE MANNER REQUESTED WITHIN THE STATEMENT OF WORK.

PAST PERFORMANCE: INDICATE / REFRENCE PREVIOUS PROJECTS SIMILAR TO

THE MAGNITUDE OF THIS REQUEST.

ABILITY TO MEET A 2HR. RESPONSE TIME:

FROM VENDORS HEADQUARTERS TO THE VA MEDICAL CENTER CAMPUS /

CAMPUSES AND OFFSITE MEDICAL CLINICS. (IMPORTANT DUE TO UNFORSEEN

EMERGENCY NEEDS).

PROFESSIONAL LICENSE & CERTIFICATIONS: SUBMIT WITH QUOTE, AND

NEEDS TO BE PROVIDED AT REQUEST OF THE CUSTOMER.

PRICE: THIS IS A COMPETITIVE REQUIREMENT.

1. REFERENCES

a. Federal Insecticide Fungicide and Rodenticide Act (FIFRA).

b. Toxic Substances Control Act (TSCA) and implementing instructions in 40 CFR Parts 700-799, Subchapter R- Toxic Substances.

c. Occupational Safety and Health Act (OSHA) and implementing instructions in 29 CFR Parts 1900-1999, Subchapter XVII.

d. VHA Directive 1850.02 Pest Management Operations

e. Environmental Protection Agency. “Pesticide Registration (PR Notice) Notice 2002-1” Pesticide Registration (PR) Notices. 2002.

http://www.epa.gov/PR_Notices/pr2002-1.pdf (November 30, 2010).

f. Potter, Michael F. “Bed Bugs” University of Kentucky College of Agriculture. August 2008.

http://www.ca.uky.edu/entomology/entfacts/ef636.asp (November 30, 2010).

g. Environmental Protection Agency. “Bed Bugs: Get Them Out and Keep Them Out” https://www.epa.gov/bedbugs (November 30, 2010).

h. EPS Bed Bug Management http://www.epa.gov/PR_Notices/pr2002-1.pdf http://www.ca.uky.edu/entomology/entfacts/ef636.asp https://www.epa.gov/bedbugs

Guide. http://vaww.vhaco.va.gov/EPS/Directives/Bed%20Bug%20Guide2.pdf

i. VA National Center for Patient Safety (NCPS) Topics in Patient Safety (TIPS) Newsletter, May/June2004 Link available at:

http://www.patientsafety.va.gov/docs/TIPS/TIPS_MayJun04.pdf (Accessed 9/30/16)

j. VHA Center for Engineering & Occupational Safety and Health (CEOSH) Employee Occupational Health Guidebook: 2014, Updated February 2016; Chapter 6.2.18 “Pesticides, Herbicides, Fungicides, Insecticides” Link available at:

http://vaww.ceosh.med.va.gov/01HP/02HP_Guidebooks/03_Collections/04H P_Oc cupational Health/NetHelp/EOHGB.htm#!WordDocuments/pesticidesherbicidesfungicides and insecticid es.htm

k. Under Secretary for Health’s Information Letter, “Bed Bugs,” IL 10-3008-011, August 8, 2008

l. Armed Forces Pest Management Board. Technical Guide No. 44. Bed Bugs – Importance, Biology, and Control Strategies. August 2006.

http://www.afpmb.org/pubs/tims/TG44/TG44.htm

B.4 DELIVERY SCHEDULE

ITEM

NUMBER SHIPPING INFORMATION QUANTITY

DELIVERY

DATE

Attention:

Robert A.Cilinceon robert.cilinceon@va.gov 859-233-4511 ext.4091

LEXINGTON VAMC

1101 VETERANS DRIVE

LEXINGTON, KY 40502

USA

ALL 05/25/2025 to 05/24/2030 http://vaww.vhaco.va.gov/EPS/Directives/Bed%20Bug%20Guide2.pdf http://www.patientsafety.va.gov/docs/TIPS/TIPS_MayJun04.pdf http://vaww.ceosh.med.va.gov/01HP/02HP_Guidebooks/03_Collections/04HP_OccupationalHealth/NetHelp/EOHGB.htm%23!WordDocuments/pesticidesherbicidesfungicidesandinsecticides.htm http://vaww.ceosh.med.va.gov/01HP/02HP_Guidebooks/03_Collections/04HP_OccupationalHealth/NetHelp/EOHGB.htm%23!WordDocuments/pesticidesherbicidesfungicidesandinsecticides.htm http://vaww.ceosh.med.va.gov/01HP/02HP_Guidebooks/03_Collections/04HP_OccupationalHealth/NetHelp/EOHGB.htm%23!WordDocuments/pesticidesherbicidesfungicidesandinsecticides.htm http://vaww.ceosh.med.va.gov/01HP/02HP_Guidebooks/03_Collections/04HP_OccupationalHealth/NetHelp/EOHGB.htm%23!WordDocuments/pesticidesherbicidesfungicidesandinsecticides.htm http://vaww.ceosh.med.va.gov/01HP/02HP_Guidebooks/03_Collections/04HP_OccupationalHealth/NetHelp/EOHGB.htm%23!WordDocuments/pesticidesherbicidesfungicidesandinsecticides.htm http://vaww.ceosh.med.va.gov/01HP/02HP_Guidebooks/03_Collections/04HP_OccupationalHealth/NetHelp/EOHGB.htm%23!WordDocuments/pesticidesherbicidesfungicidesandinsecticides.htm http://vaww.ceosh.med.va.gov/01HP/02HP_Guidebooks/03_Collections/04HP_OccupationalHealth/NetHelp/EOHGB.htm%23!WordDocuments/pesticidesherbicidesfungicidesandinsecticides.htm http://www.afpmb.org/pubs/tims/TG44/TG44.htm mailto:robert.cilinceon@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 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; 49 U.S.C. 40118, Fly American; and 41 U.S.C. chapter 21 relating to procurement integrity.

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

(1) The schedule of supplies/services.

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

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

(3) The clause at 52.212-5.

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

(5) Solicitation provisions if this is a solicitation.

(6) Other paragraphs of this clause.

(7) The Standard Form 1449.

(8) Other documents, exhibits, and attachments

(9) The specification.

(t) [Reserved]

(u) Unauthorized Obligations.

(1) Except as stated in paragraph (u)(2) of this clause, when any supply or service acquired under this contract is subject to any End User License Agreement (EULA), Terms of Service

(TOS), or similar legal instrument or agreement, that includes any clause requiring the

Government to indemnify the Contractor or any person or entity for damages, costs, fees, or any other loss or liability that would create an Anti-Deficiency Act violation (31 U.S.C. 1341), the following shall govern:

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

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

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

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

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

(End of Clause)

ADDENDUM to FAR 52.212-4 CONTRACT TERMS AND CONDITIONS—COMMERCIAL

PRODUCTS AND COMMERCIAL SERVICES

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

The following clauses are incorporated into…