36C24223Q1163.docx

36C24223Q1163

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

526-24-1-644-0001 36C24223Q1163 01-18-2024 Collins, Charles (518)626-7200 01-26-2024 3 pm

EST

Department of Veterans Affairs Samuel S . Stratton VA Medical Center 113 Holland Avenue (2-90NCA) Albany

NY

12208-3410 X 562112 $47 Million N/A X Department of Veterans Affairs James J. Peters VA Medical Center 130 W KingsBridge R Bronx

NY

10468 Department of Veterans Affairs Samuel S . Stratton VA Medical Center Network Contracting Activity 113 Holland Avenue (2-90NCA) Albany

NY

12208-3410

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

See CONTINUATION Page Network Contract Office 2, James J. Peters VA Medical Center Requires Hazardous Waste Removal as described herein.

Period of Performance 2/5/2024 - 1/31/2025 with the provision of four (4) option years.

Solicitation questions deadline: All questions must be submitted in writing via email to Charles.Collins@va.gov and Janine.Childs@va.gov by 1/23/2024 at 3:00 pm EST.

Questions answered will be posted via a solicitation amendment on Contract Opportunities.

Please refer to sections E.1 and E.2 for solicitation requirements, as this solicitation closes on 1/26/2024 at 3:00 pm EST.

See CONTINUATION Page X X X one Janine Childs Contracting Officer Table of Contents

SECTION B - CONTINUATION OF SF 1449 BLOCKS

B.1 CONTRACT ADMINISTRATION DATA

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

a. CONTRACTOR:

b. GOVERNMENT: Contracting Officer 36C242

Department of Veterans Affairs Samuel S . Stratton VA Medical Center 113 Holland Avenue (2-90NCA) Albany NY 12208-3410

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

3. INVOICES: Invoices shall be submitted in arrears:

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

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

Page 1 of Page 1 of

B.2 STATEMENT OF WORK

I. TITLE: Hazardous Waste Disposal Service

II. BACKGROUND: The James J. Peters VA Medical Center (Bronx, New York) is committed and proudly serves the VA, Bronx Campus, providing the best possible environment for health care to veterans and the highest standards of service to customers. We do this by improving and maintaining our physical structures and by providing the equipment, supplies, testing and preventive maintenance necessary to support excellence in health care. The Engineering Service has a need for hazardous waste disposal services at the James J. Peters VA Medical Center.

III. PLACE OF PERFORMANCE:

Department of Veterans Affairs James J Peters VA Medical Center 130 West Kingsbridge Rd.

Bronx NY 10468

IV. PERFORMANCE PERIODS: The Requirements contract shall be for a period of up to 12 months, with four option years. Proposed performance periods are as follows:

Base Year: Award Effective Date February 9, 2024, through January 31, 2025 Option Year 1: February 1, 2025, through January 31, 2026 Option Year 2: February 1, 2026, through January 31, 2027 Option Year 3: February 1, 2027, through January 31, 2028 Option Year 4: February 1, 2028, through January 31, 2029

Orders will be made from the Requirements contract and shall not exceed 12 months duration.

V. DESCRIPTION/SPECIFICATIONS/STATEMENT OF WORK

The primary requirement of this contract is the classification, labeling, packing, transport and ultimate disposal or treatment of hazardous waste and universal waste generated at the specified VA medical facility. Typical hazardous wastes generated at these facilities includes but is not limited to: pharmaceutical waste, flammable liquid waste, corrosive liquid waste, reactive, non-regulated waste, lab packs (incineration and treatment), mercury waste, lead paint chips, asbestos (limited to material resulting from in-house minor asbestos projects), silver rich effluents from photographic processes, compressed gas cylinders (all sizes), paint waste, used oil, U.S. Drug Enforcement Administration (DEA) Controlled Substances that are also subject to the Resource Conservation and Recovery Act (RCRA), and universal waste. Typical universal wastes generated at these facilities include but is not limited to: spent fluorescents, lamps and batteries.

The contractor shall also provide emergency response to situations involving spill or release of hazardous waste and require abatement.

The primary contractor and any subcontractors must possess the necessary technical expertise and resources required by all applicable federal, state and local regulations including but not limited to: 29 Code of Federal Regulations 29 CFR 1910.120, 40 CFR Protection of Environment.

A. WASTE PACKAGING, DISPOSAL AND GENERAL REQUIREMENTS

1. The contractor shall furnish all necessary labor, materials, tools, equipment, travel, transportation, documentation and disposal services for the classification, labeling, packing, transport and ultimate disposal or treatment of hazardous waste and universal waste generated at the specified VA medical facilities on an as needed basis. Work shall be performed in accordance with all applicable federal, state and local regulations. The contractor shall be responsible for properly containerizing, classifying, segregating, labeling, storing, transporting, treating and disposing of hazardous and universal waste. The contractor shall furnish all containers and packing materials.

2. Packaging of Waste will be in the most economical manner which shall minimize total cost to the Government.

3. The contractor shall dispose of hazardous waste in a manner that leaves no future expense potential to the VA or the Federal Government. Chemicals should be disposed of in the following preferred priority:

a) Recycling of chemicals to another party for future use.

b) The processing of chemical waste (at a facility approved for such processing by an appropriate state or federal agency) in a manner that renders it no longer a hazardous waste as defined in the 40 CFR series. These processes include (but are not limited to):

i. Chemical neutralization and detoxification.

ii. Thermal treatment (e.g. incineration, pyrolysis).

iii. Reprocessing or recovery followed by recycling/reuse.

iv. The long-term internment (burial) in a secure chemical landfill site approved for such by the appropriate state or federal agency.

c) Acceptance of the hazardous waste at a properly permitted treatment, storage, or disposal site does not constitute disposal and/or completion of the Contract. It is the contractor’s responsibility to obtain all necessary documentation to prove that the disposal of all items has been accomplished.

4. On-site Services- removal of waste from the Satellite Accumulation Areas to the Main Accumulation Areas will be performed on a weekly basis.

5. VA will maintain full occupancy of the site for the duration of the services required under this contract unless an exigent emergency requires localized evacuation (e.g., discovery of potentially unstable wastes). The contractor shall not interfere or hinder the daily operations of the Medical Center while performing services.

6. The James J Peters VA Medical Center” typically require waste clean-outs every month (12 per year).

7. Orders for waste clean-outs shall be completed (i.e. picked up from a Government facility and in the process of disposal) within ten business days of placement with the contractor.

8. On-site work at VA facilities shall be performed by qualified individuals with appropriate training, and all required licenses and certifications. Training shall include the minimum required by law, including but not limited to both the requirements of 29 CFR 1910.120 and the requirements of 49 CFR Part 172 Subpart H training. Training should be supplemented with Occupational Safety and Health Administration (OSHA), Environmental Protection Agency (EPA), Department of Transportation (DOT) and New York State Department of Environmental Conservation (DEC) regulations.

9. Subcontractors may not work on site at VA facilities for routine services unless the subcontractor and all personnel are properly trained; licensed; and certified, and they are accompanied by a qualified prime contractor employee (exceptions may only be made in the case of Emergency Response). All personnel, both contractor and subcontractor, providing services under this contract must be properly licensed and certified, and are subject to approval by the VA to perform work under the contract.

10. A Hazardous Waste Specialist shall sign a Hazardous Waste Manifest QA/QC form and attest to the accuracy of the labeling, packaging and completed hazardous waste manifests.

11. If removal of potentially explosive waste(s) is required; the contractor shall contact regulatory agencies (e.g. NYSDEC, County Explosive Ordinance Team).

12. VA staff shall not be required to assist in the transport of hazardous waste from storage to transport vehicles and/or provide any labor, tools or materials in the performance of this contract.

B. KEY PERSONNEL

1. The prime contractor must employ a minimum of (1) qualified Hazardous Waste Specialist with 49 CFR Part 172 Subpart H training certification and a 29 CFR 1910.120 training certification who will be on site at all VA facilities when field work is being conducted. Appropriate handling of waste is essential for the safety of Government and contractor employees as well as cost containment.

2. A Hazardous Waste Specialist with a Certified Hazardous Materials Manager (CHMM) credential or its equal is required for administrative oversite, quality assurance and quality control for this contract. In addition to a specialist there has to be a chemist (at minimum 2 people).

C. LAB PACKS

The contractor shall be responsible for properly containerizing, classifying, segregating, labeling, storing, transporting, treating and disposing of lab-packs (several sealed containers of compatible hazardous wastes into a larger vessel along with packing material in order to transport the wastes to a disposal/incinerator facility) as needed. Lab Packs shall be prepared in the most economical way possibly while remaining compliant with all applicable regulations.

D. WASTE PROFILES

The contractor shall prepare profiles of chemicals (if needed) with information provided by the VA. The contractor shall be responsible for any required chemical analysis including (but not limited to) pH testing, solid content analysis, etc., which can be performed at the collection site. The contractor shall also identify and classify unknown waste using laboratory analysis and promptly provide the VA with analytical result in writing, as well as relevant hazard characteristics of the unknown substance(s). If waste has been previously misclassified, the contractor shall promptly notify the VA and all appropriate governmental entities. The contractor is responsible for analytical cost associated with any misclassified waste.

E. ELECTRONIC DATA BASE FOR MANIFESTS AND HAZARDOUS WASTE PROFILES

1. The contractor shall provide the VA access to an electronic, on-line data base for the management of hazardous waste to include: access to electronic copies of the facility waste profiles for review and approval, completed copied of the hazardous waste manifests, Bill(s) of Lading (BOLs) and all other information required to complete the NY State Annual Hazardous Waste Report as required by 6 NYCRR Parts 372, 373 and 483. (e.g., Description of Hazardous Waste; EPA Hazardous Waste Code(s); State Hazardous Waste Code(s); Off-Site Handler EPA ID Number; Quantity Received in Calendar Year Being Reported; Unit of Measure; Form Code(s); and Management Method Code(s), profiles of hazardous waste associated with health care, copy of completed hazardous waste manifest and capability of generating semi -annual hazardous waste reports identifying types and quantities of hazardous waste generated at all VA facilities.

The contractor shall provide an electronic quarterly report of waste streams with the description of the waste, weight, waste codes, manifest number and costs on a spreadsheet.

2. The contractor shall provide electronic copies of hazardous waste manifests that are signed and dated by the Treatment Storage Disposal Facility (TSDF) within 30 days of waste shipment. The contractor shall ensure VA facilities have been sent and received hard copies of signed and dated hazardous waste manifests within both New York State and federal regulated timeframes.

3. Annual review of Pharmacy formulary

4. Annual written waste characterizations in a binder with a description of how the waste characterization was performed (SDSs, analytical testing, generator knowledge).

5. All waste manifests must be entered in the myRCRA database, including waste manifests for waste shipped outside of the US (i.e. Canada).

F. EMERGENCY RESPONSE

1. The contractor shall be listed as the Emergency Responder of Record in the Medical Center’s Hazardous Waste Contingency Plan and/or Spill Prevention, Control and Countermeasure Plan as set forth in 40 Code of Federal Regulations (CFR) Part 265 and 40 CFR Part 112.

2. Hazardous waste spill or release emergencies will require the contractor to arrive on site to initiate clean- up within two (2) hours of notification. If the emergency clean-up work is subcontracted, the Prime contractor must arrive on site for oversight of emergency hazardous material spill operations within 8 hours of notification. Emergency labor will be billed at the rate specified in the price schedule for on-site labor only. Travel to and from emergency response may not be billed separately. Any disposals resulting from emergency response shall be billed at the rate specified in the price schedule for that waste stream.

3. The contractor shall possess the capability to respond within this two (2) hour on-site framework to assess any potentially unstable/reactive hazardous substance identified, and to perform complete abatement within twenty-four (24) hours. The contractor shall be responsible for providing emergency first responder services in the event of a spill of hazardous materials/wastes, radiological wastes and universal wastes. The contractor must be able to perform the following tasks, to include, but not limited to: identify spilled product, conduct spill mitigation activities (e.g., containment, diversion from storm drains), neutralize spilled product, provide expert advice concerning products and their potential impacts, undertake spill cleanup activities, handle and dispose of spilled product and residuals, and prepare appropriate documentation on behalf of the facility.

G. ACCIDENTAL SPILLS OR RELEASE DURING TRANSIT

1. The contractor shall immediately perform clean-up, decontamination and disposal of waste that the contractor spills or releases during the performance of this contract – either on-site or during transportation of waste. The contractor shall verbally report all such Spills to the facility GEMS Coordinator or designee immediately. The contractor shall report all spills in writing to the facility GEMS Coordinator and COR within five (5) days of each spill.

2. The contractor also shall indicate in this written notice what actions will be taken to prevent future Spills.

3. The contractor shall be responsible for all costs associated with a spill and leak cleanup of the waste. No cost will be charged to the VA.

4. Any federal, state, local or other fines and penalties that result from a spill caused by the contractor or their subcontractor shall be the responsibility of the prime contractor. Additionally, any noncompliance penalties fined to the VA because of unmet deadlines or regulatory noncompliance relating to services described in this contract shall be borne by contractor.

H. INSPECTION OF STORAGE FACILITIES

The contractor shall provide VA staff the opportunity to inspect any facility (or subcontractor’s facility) used for the storage and/or disposal of hazardous materials within two (2) weeks of written request.

I. LICENSES AND PERMITS

The contractor will, without additional cost to the Government, provide and maintain all licenses and permits for operational personnel, trailers, containers, vehicles and other resources required for contract performance in accordance with all applicable federal, state, and local regulations (e.g. OSHA, EPA, MPCA, Joint Commission, 49 CFR (DOT) including, but not limited to HM-181 and New York State Part 364 Waste Transporter Permit).

J. CONTRACTOR HEALTH AND SAFETY

1. It is the contractor’s responsibility to take adequate measures to protect their staff. At no time may the contractor’s actions or performance cause harm or the potential for harm to any VA employee or patient. The contractor shall provide at their cost the appropriate personal protective equipment (PPE) to their employees.

2. The VA reserves the right to halt work if it is being done in an unsafe / unhealthy manner or that could harm the environment. VA will not incur additional costs if work is halted for good cause.

K. TASK ORDERS

1. Estimated task orders with a “Not to Exceed” funding limit will be issued in writing via SF 1449. The COR and Facility Green Environmental Management System (GEMS) Coordinators will be authorized to place calls orally, or by email or fax up to the limit established on the estimated task order. An authorized VA user list will be provided upon award. The “Not to Exceed” limit of an estimated task order may only be increased or decreased via written modification signed by the contracting officer.

2. At the time of contract award, the contractor shall provide a reasonable means to initiate service calls (e.g. fax number or dedicated email). The VA will initiate orders by providing chemical name(s), quantities and location of waste to be removed. The turnaround time for completion of this task order begins once the initial order information has been sent to the contractor.

3. A telephone number for emergency response must be provided. The maximum 2-hour emergency response time begins when the number provided is called.

L. INSURANCE

NOTE: These requirements are in addition to those found in FAR clause 52.228-5.

1. For all additional insurance described in this section, the following shall apply:

a) Insurance coverage shall be in contractor's name and shall name as additional insured’s The Department of Veterans Affairs and employees.

b) The policy for such insurance shall be issued by a New York State admitted carrier with a current A.M. Best's rating of not less than A-VI.

c) If such coverage is written on a claims-made basis, the contractor warrants that any retroactive date applicable to such coverage under such policy precedes the effective date of this Contract and that continuous coverage will be maintained or an extended discovery period will be exercised for a period of one (1) year beginning from the time that the Work is completed.

2. The contractor shall maintain in force for the full period of this contract Contractor's Pollution Legal Liability Insurance (Fixed Site Environmental Impairment Liability) covering losses caused by pollution conditions that arise from the operations of the contractor pursuant to this contract.

a) Such coverage shall apply to bodily injury, property damage, including loss of use of damaged property or of property that has not been physically injured, cleanup costs and defense, including costs and expenses incurred in the investigation, defense or settlement of claims and shall include Operations and Haulage.

b) Such coverage shall be written in an amount not less than five million dollars ($5,000,000) per loss, with an annual aggregate of at least ten million dollars ($10,000,000).

3. The contractor shall maintain in force for the full period of this Contract Commercial Automobile with Pollution Legal Liability Insurance. Such insurance shall include Transportation of Hazardous Waste Coverage. Such insurance shall be in an amount not less than two million dollars ($2,000,000) per occurrence combined single limit with an annual aggregate of at least five million dollars ($5,000,000).

4. The contractor shall maintain in force for the full period of this contract Excess Liability Insurance (Off-Site Environmental Impairment Liability). Such insurance shall include the following provisions:

a) Such coverage shall apply to bodily injury, property damage, including loss of use of damaged property or of property that has not been physically injured, cleanup costs and defense, including costs and expenses incurred in the investigation, defense or settlement of claims and shall include Operations and Haulage.

b) Such coverage shall be written in an amount not less than five million dollars ($5,000,000) per loss, with an annual aggregate of at least ten million dollars ($10,000,000).

M. PERFORMANCE MONITORING

The attached Quality Assurance Surveillance Plan (QASP) sets the performance standards and metrics specific to this contract.

B.3 PRICE SCHEDULE

Please see attached Price Schedule to be completed and returned in Section D.

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 52.212-4 as an addendum to this contract:

C.2 52.216-18 ORDERING (AUG 2020)

(a) Any supplies and services to be furnished under this contract shall be ordered by issuance of delivery orders or task orders by the individuals or activities designated in the Schedule. Such orders may be issued from 2/1/2024 through 01/31/2029.

(b) All delivery orders or task orders are subject to the terms and conditions of this contract. In the event of conflict between a delivery order or task order and this contract, the contract shall control.

(c) A delivery order or task order is considered "issued" when—

(1) If sent by mail (includes transmittal by U.S. mail or private delivery service), the Government deposits the order in the mail;

(2) If sent by fax, the Government transmits the order to the Contractor’s fax number; or

(3) If sent electronically, the Government either—

(i) Posts a copy of the delivery order or task order to a Government document access system, and notice is sent to the Contractor; or

(ii) Distributes the delivery order or task order via email to the Contractor’s email address.

(d) Orders may be issued by methods other than those enumerated in this clause only if authorized in the contract.

(End of Clause)

C.3 52.216-19 ORDER LIMITATIONS (OCT 1995)

(a) Minimum order. When the Government requires supplies or services covered by this contract in an amount of less than $50, the Government is not obligated to purchase, nor is the Contractor obligated to furnish, those supplies or services under the contract.

(b) Maximum order. The Contractor is not obligated to honor—

(1) Any order for a single item in excess of IDIQ Maximum;

(2) Any order for a combination of items in excess of IDIQ Maximum; or

(3) A series of orders from the same ordering office within 10 days that together call for quantities exceeding the limitation in paragraph (b)(1) or (2) of this section.

(c) If this is a requirements contract (i.e., includes the Requirements clause at subsection 52.216-21 of the Federal Acquisition Regulation (FAR)), the Government is not required to order a part of any one requirement from the Contractor if that requirement exceeds the maximum-order limitations in paragraph (b) of this section.

(d) Notwithstanding paragraphs (b) and (c) of this section, the Contractor shall honor any order exceeding the maximum order limitations in paragraph (b), unless that order (or orders) is returned to the ordering office within 5 days after issuance, with written notice stating the Contractor's intent not to ship the item (or items) called for and the reasons. Upon receiving this notice, the Government may acquire the supplies or services from another source.

(End of Clause)

C.4 52.216-22 INDEFINITE QUANTITY (OCT 1995)

(a) This is an indefinite-quantity contract for the supplies or services specified, and effective for the period stated, in the Schedule. The quantities of supplies and services specified in the Schedule are estimates only and are not purchased by this contract.

(b) Delivery or performance shall be made only as authorized by orders issued in accordance with the Ordering clause. The Contractor shall furnish to the Government, when and if ordered, the supplies or services specified in the Schedule up to and including the quantity designated in the Schedule as the "maximum." The Government shall order at least the quantity of supplies or services designated in the Schedule as the "minimum."

(c) Except for any limitations on quantities in the Order Limitations clause or in the Schedule, there is no limit on the number of orders that may be issued. The Government may issue orders requiring delivery to multiple destinations or performance at multiple locations.

(d) Any order issued during the effective period of this contract and not completed within that period shall be completed by the Contractor within the time specified in the order. The contract shall govern the Contractor's and Government's rights and obligations with respect to that order to the same extent as if the order were completed during the contract's effective period; provided, that the Contractor shall not be required to make any deliveries under this contract after 01/31/2029.

(End of Clause)

C.5 52.217-9 OPTION TO EXTEND THE TERM OF THE CONTRACT (MAR 2000)

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

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

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

(End of Clause)

C.6 SUPPLEMENTAL INSURANCE REQUIREMENTS

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

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

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

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

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

(End of Clause)

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

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

(End of Clause) C.8 VAAR 852.215-70 SERVICE-DISABLED VETERAN-OWNED AND VETERAN-OWNED SMALL BUSINESS EVALUATION FACTORS (JAN 2023) (DEVIATION)

(a) In an effort to achieve socioeconomic small business goals, VA shall evaluate offerors based on their service-disabled veteran-owned or veteran-owned small business certification status and their proposed use of eligible certified service-disabled veteran-owned small businesses (SDVOSBs) and certified veteran-owned small businesses (VOSBs) as subcontractors.

(b) Eligible and certified service-disabled veteran-owned small businesses offerors will receive full credit, and offerors qualifying as veteran-owned small businesses will receive partial credit for the certified Service-Disabled Veteran-Owned and Veteran-Owned Small Business Status evaluation factor. To receive credit, an offeror must be listed at the time of submission of offers and at time of award, as a certified SDVOSB/VOSB in the SBA certification database on the SBA Veteran Small Business Certification Program portal at https://veterans.certify.sba.gov/ (see 13 CFR 128) and be otherwise eligible in accordance with SBA size standards for the acquisition and limitations on subcontracting requirements set forth in SBA regulations (see 13 CFR 121, 125 and 128.).

(c) Non-Veteran offerors proposing to use certified SDVOSBs or VOSBs as subcontractors will receive some consideration under this evaluation factor. Offerors must state in their proposals the names of the certified SDVOSBs and VOSBs with whom they intend to subcontract and provide a brief description of the proposed subcontracts and the approximate dollar values of the proposed subcontracts.