36C24826Q1006 Regulated medical Waste Removal.pdf
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- Attached to
- S222--Regulated Medical Waste Removal
- Solicitation number
- 36C24826Q1006
About this file
This is a Combined Synopsis/Solicitation and Request for Quotation (RFQ) for regulated medical waste removal services issued by the Department of Veterans Affairs, Network Contracting Office 8, for the North Florida/South Georgia Veterans Healthcare System.
The solicitation is a total set-aside for Service-Disabled Veteran-Owned Small Businesses (SDVOSBs) under NAICS code 562112 (Hazardous Waste Collection), using firm-fixed-price contract terms. The contract covers a one-year base period beginning September 1, 2026, with four optional one-year renewal periods extending through August 31, 2031. Services are required at 20 facility locations across Florida and Georgia, including the main Malcolm Randall VAMC in Gainesville, Lake City VAMC, and multiple outpatient clinics and community-based outpatient clinics. The vendor must provide all labor, equipment, containers, supplies, materials, transportation, and supervision for pickup, transport, and incineration or autoclave treatment of regulated medical waste. Two roll-off containers (38 cubic yards each) are required for the two primary facilities, with appropriately sized containers and red bags for remaining sites. The vendor must furnish certifiable weighing systems for tare weight billing, maintain all necessary medical waste permits and licenses, comply with EPA and state regulations, and provide monthly reports with manifests and certificates of destruction. The estimated total monthly waste volume is approximately 39,670 pounds across all facilities. Invoices are submitted monthly to Accounts Payable at the main VA Medical Center in Gainesville, and payment is made via electronic funds transfer. Safety training must be provided to VA personnel upon award and annually thereafter, with multiple sessions required to accommodate all shifts. The quotation deadline is Tuesday, August 4, 2026, at 12:00 PM Eastern Time, submitted via email only to the Contracting Officer. All quoters must be certified SDVOSBs listed in the SBA certification database at time of award and must be fully registered and active in SAM.gov. Evaluation will be based on technical ability to meet requirements, performance capability with the September 1, 2026 performance start date, and price, with technical and delivery factors weighted more heavily than price.
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36C24826Q1006
This is a Combined Synopsis/Solicitation for commercial services prepared in accordance with the streamlined procedures of FAR Part 12 (Commercial Products and Commercial Services).
This announcement constitutes the only solicitation. Quotes are being requested, and no separate written solicitation will be issued. This solicitation is issued as Total Service-Disabled Veteran-Owned Small Business (SDVOSB) for under NAICS 562112.
This solicitation is issued as a Request for Quotation (RFQ). All clauses are current through the Federal Acquisition Circular (FAC) 2026-01 March 13, 2026.
Description:
The Department of Veterans Affairs intends to award a firm-fixed-price contract for the procurement of Regulated Medical Waste Removal located at the North Florida/South Georgia Veterans Healthcare System.
General Information:
Contracting Office:
Department of Veterans Affairs Network Contracting Office (NCO) - 8 North Florida/South Georgia VHS Gainesville FL 32608
Contracting Officer:
Cesar O. Sanchez-Amaro Email: Cesar.SanchezAmaro@va.gov Phone: 407-403-2932
Quote Submission Instructions:
Quoters shall submit their quotes via email only to: Cesar.SanchezAmaro@va.gov. Quotes are due no later than: Tuesday August 4, 2026, 12:00 PM Eastern Time.
All quoters must be fully registered and active in SAM.gov at the time of award in accordance with applicable FAR requirements.
Table of Contents
SECTION B - CONTINUATION OF SF 1449 BLOCKS
B.1 CONTRACT ADMINISTRATION DATA
B.2 STATEMENT OF NEED
B.3 PRICE/COST SCHEDULE
ITEM INFORMATION
SECTION C - CONTRACT CLAUSES
C.1 52.212-4 CONTRACT TERMS AND CONDITIONS—COMMERCIAL PRODUCTS
AND COMMERCIAL SERVICES (OCT 2025) (DEVIATION)
C.2 52.217-8 OPTION TO EXTEND SERVICES (NOV 1999)
C.3 52.217-9 OPTION TO EXTEND THE TERM OF THE CONTRACT (MAR 2000) ... 18
C.4 52.222-36 EQUAL OPPORTUNITY FOR WORKERS WITH DISABILITIES (NOV
2025) (DEVIATION)
C.5 52.222-40 NOTIFICATION OF EMPLOYEE RIGHTS UNDER THE NATIONAL
LABOR RELATIONS ACT (NOV 2025) (DEVIATION)
C.6 52.222-42 STATEMENT OF EQUIVALENT RATES FOR FEDERAL HIRES (MAY
2014)
C.7 52.222-90 ADDRESSING DEI DISCRIMINATION BY FEDERAL CONTRACTORS
(DEVIATION APR 2026)
C.8 SUPPLEMENTAL INSURANCE REQUIREMENTS
C.9 52.240-91 SECURITY PROHIBITIONS AND EXCLUSIONS (NOV 2025)
(DEVIATION)
C.10 VAAR 852.219-73 VA NOTICE OF TOTAL SET-ASIDE FOR CERTIFIED
SERVICE-DISABLED VETERAN-OWNED SMALL BUSINESSES (JAN 2023)
(DEVIATION)
C.11 VAAR 852.219-75 VA NOTICE OF LIMITATIONS ON SUBCONTRACTING—
CERTIFICATE OF COMPLIANCE FOR SERVICES AND CONSTRUCTION (JAN 2023)
(DEVIATION)
C.12 52.252-2 CLAUSES INCORPORATED BY REFERENCE (FEB 1998)
SECTION D - CONTRACT DOCUMENTS, EXHIBITS, OR ATTACHMENTS
SERVICE CONTRACT LABOR STANDARDS – MULTIPLE WAGE DETERMINATIONS
SECTION E - SOLICITATION PROVISIONS
E.1 52.212-1 INSTRUCTIONS TO OFFERORS—COMMERCIAL PRODUCTS AND
COMMERCIAL SERVICES (OCT 2025) (DEVIATION)
E.2 52.209-7 INFORMATION REGARDING RESPONSIBILITY MATTERS (OCT 2018)
E.3 52.216-1 TYPE OF CONTRACT (NOV 2025) (DEVIATION)
E.4 52.233-2 SERVICE OF PROTEST (SEP 2006)
E.5 52.240-90 SECURITY PROHIBITIONS AND EXCLUSIONS REPRESENTATIONS
AND CERTIFICATIONS (NOV 2025) (DEVIATION)
E.6 VAAR 852.233-71 ALTERNATE PROTEST PROCEDURE (OCT 2018)
E.7 52.252-1 SOLICITATION PROVISIONS INCORPORATED BY REFERENCE (FEB
1998)
E.8 52.212-2 EVALUATION—COMMERCIAL PRODUCTS AND COMMERCIAL
SERVICES (OCT 2025) (DEVIATION)
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: Cesar O. Sanchez-Amaro, Contracting Officer 36C248 Department of Veterans Affairs Network Contracting Office 8 (NCO 8) Commerce Building 300 E. University Ave. Ste. 180 Gainesville FL 32601-3460
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 STATEMENT OF NEED
GENERAL REQUIREMENTS
1.1 The vendor shall furnish all labor, equipment, containers appropriately labeled (except for Government-furnished "Sharps" needle containers), supplies, materials, transportation and supervision required to provide pick-up, transport, incineration and/or Autoclave of biohazard medical waste, and Government "Sharps" containers, from the Veterans Affairs Medical Center (henceforth referred to as "VA") medical facilities. Contract period is for one 1-year base period, with four 1-year renewal option periods in accordance with the terms and conditions defined herein response, for the following locations:
• Malcom Randall VAMC 1601 SW Archer Rd, Gainesville, FL 32608-1197
• Dermatology Clinic, 5571 SW 64th St. Gainesville, FL 32608
• Pain Clinic, 3401 NW 98th St., Gainesville, FL 32606
• Jacksonville VA University, Buildings 100 & 200, Memorial Health
Plaza, 3901 University Blvd South Jacksonville, FL 32216,
• Jacksonville Outpatient Clinic (OPC) 1536 North Jefferson St. Jacksonville, FL 32209
• Jacksonville VA North 145 Heron Bay Jacksonville, FL 32218
• Lake City VAMC, 619 S. Marion Avenue, Lake City, FL 32025-5808
• Lake City Commerce Clinic, 484 SW Commerce Drive, Lake City, FL 32025
• Marianna CBOC, 4970 Highway 90, Marianna, FL 32446
• Middleburg VA Clinic, 400 College Drive, Suite 200, Middleburg, FL 32068
• Ocala Community Based Outpatient Clinic (CBOC) 1515 E. Silver
Springs Blvd., Ocala FL 34470
• Palatka Community Based Outpatient Clinic (CBOC), 400 North
State Road 19, Suite 48, Palatka FL, 32177
• Perry CBOC, 1224 North Peacock Ave., Perry, FL 32347
• St. Augustine CBOC, 100 Deerfield Preserve Blvd., St. Augustine, FL 32086
• St. Marys CBOC, 2603 Osborne Rd Suite E, St. Marys, FL 31558
• Tallahassee Health Care Center (THCC), 2181 East Orange Avenue, Tallahassee, FL 32311
• Valdosta VA Clinic, 348B Enterprise Drive, Valdosta, GA 31602
• The Villages OPC, 8900 SE 165th Mulberry Lane, The Villages, FL 32126
• Waycross CBOC, 515 South City Blvd, Waycross, GA 31501.
• Gainesville Primary Care 3469 SW 34th Street Gainesville, FL 32608
• Gainesville Mental Health 5465 SW 34th Street Gainesville, FL 32608
1.2 The vendor shall treat and/or dispose of bio-hazardous medical waste in accordance with State and Federal (U.S. Environmental Protection Agency
- EPA) guidelines, VA infectious medical waste requirements, and all other Federal, State and local regulations. The vendor will maintain all necessary medical waste permits and licenses for the disposal and treatment of such waste. The vendor will also have an assigned U.S. Environmental Protection Agency (EPA) authorization and identification number, necessary Department of Transportation permits, including insurance prior to transport and/or disposal of subject waste. If the vendor requires additional information, they may contact U.S. EPA regional office. The following links are guidelines for the regulations that must be adhere to:
• EPA guidelines - http://www.epa.gov/reg3wcmd/medical_waste.htm
• FL State Regulations - https://www.flrules.org/
1.3 Green initiatives regarding sustainability in Executive Order 13514. An example of this would be the treatment of medical waste by thermal oxidation which destroys infectious organisms and reduces the solid waste volume by more than (95%) ninety five percent. The reduction of the material and its transport greatly reduces the impact on the environment from truck exhaust in that there are fewer trips made to remove the same amount of material, as opposed to alternative autoclave technology.
Thermal oxidation produces residual materials in solid, liquid and gaseous forms. The residual end product in the solid form is an unrecognizable fine ash and spent treatment material from the air pollution control system. This solid residue is non-hazardous and is compatible for the landfill. Veterans Affairs/federal government may ask for proof that this requirement is being met ("cradle to grave").
1.4 Copy of all licenses shall be provided to Contracting Officer upon contract award.
DEFINITIONS:
1.5 BIOHAZARD MEDICAL WASTE: Blood saturated dressings, etc. from VA facility, packed and tied in leak-proof "RED BAGS ".
1.6 Liquid or semi-liquid blood or other potentially infectious materials (OPIM)
1.7 Items contaminated with blood or OPIM which would release substances in a liquid or semi- liquid state if compressed.
1.8 Items that are caked with dried blood or OPIM and are capable of releasing these materials during handling.
1.9 Pathological and Laboratory wastes, also including blood tubes, needles, urine cup lids, syringes, blood tubes, scalpels, or other OPIM.
1.10 nonliquid tissue, body parts, blood, blood products, and body fluids from humans and other primates
DISPOSAL AND SANITATION REQUIREMENTS:
Vendor will employ the best environmentally sound methods of treating and destruction of wastes such as incineration and recycling or any other acceptable methods, in accordance with EPA and industry standards. Disposal shall be performed in such a manner as not to create conditions detrimental to public health or to constitute a public nuisance. The pick-up area where containers are placed shall be maintained in a clean, orderly, sanitary condition. Particular attention shall be paid to the prompt cleanup of oil and/or grease spills, either generated from the vehicles used to haul containers or because of container leakage.
CONTAINERS:
The vendor will provide, as part of the unit prices stated in Schedule of
Supplies/Services, to include one closed roll off, top load capable container each to the Malcom Randall VAMC and Lake City VAMC (addresses listed above), and appropriate containers/ totes and red bags to the other listed sites. Inspection for leaks will be performed routinely by the COR. If during the contract period, VA determines that the condition of any supplies by the vendor constitutes a hazard to the health, safety or welfare of VA employees, patients, or the general community, the vendor will immediately, upon receiving notice of such determination, by the contracting officer or COR, remove the supplies from the VA installation and shall immediately replace it with supplies which are approved by the VA facility.
DOCUMENTATION:
1.11 The "manifest" is a form entitled "Hazard Waste Hauling
Record & Certificate of Destruction" which is used to track the subject waste from the point of generation to the designated disposal location. Once the material has reached the disposal facility, a copy of the manifest and certificate of destruction shall be provided to the Contracting Officer/ COR or designated representative, confirming that the material has been properly handled and disposed. The Contracting Officer/ COR shall be provided a manifest for each pick-up, certifying the number of containers, types of waste picked up / removed, and transported from the VA. The certificate of destruction form will contain date, location, weight, and method of destruction and/or disposal. VA will keep its copy on file in accordance with agency guidelines point of generation to the designated disposal location.
1.12 Monthly Report: The vendor will also provide, in accordance with applicable regulation, a detailed daily activity statement which shows in columnar form information including, but not limited to, the service date, roll offs„ weight (in pounds), invoice numbers, manifest, certificate of destruction, and other important data. This tracking document shall be provided to the CO /COR in-charge of the facility on a monthly basis (no later than 15 days after the previous month: Example March statement due by April 15), along with invoice. CO /COR name, telephone number and address will be provided to the vendor at the time of award.
1.13 Weighing System: The vendor will provide a certifiable
weighing system to enable proper billing for "tare weight" waste poundage disposed, i.e., if the disposal container weighs 10 pounds and the Contractor is to dispose of 10 containers, each container shall be weighed and container total weight (100) pounds is subtracted from the gross container weight to determine the total waste poundage to be paid.
SAFETY TRAINING:
1.14 Upon contract award and once a year thereafter, the vendor will provide an in-service training session to key VA personnel at each location on bow to identify and handle infectious waste' with special emphasis on "Right to Know" compliance, proper sealing of regulated medical waste' for disposal purposes, manifest, weights, etc. Training will be provided during the 1st quarter of the contract.
Date will be announced by the COR. Training at the Medical Center location will require multiple sessions (up to four on the same day or alternate days to accommodate all employees) to ensure all three (1st, 2nd, 3rd) shifts are accurately trained.
1.15 The vendor will comply with the EPA and appropriate state regulations on workers' safety standards and related training.
Vendor's personnel involved in the performance of this contract shall have received training regarding the handling of infectious materials, and emergency procedures to be followed in case of a spill.
FEDERAL HOLIDAYS:
VA observed Federal Holidays are:
New Year's Day Martin Luther King Jr.'s Holiday Presidents Day Memorial Day Juneteenth Independence Day Labor Day Columbus Day Veterans Day Thanksgiving Day Christmas Day
SERVICE HOURS:
The Vendor's services will take place during regular business hours, which are from 6:00 a.m. to 6:30 p.m., as determined by the needs for operation of the facilities or the CO/ COR. Should the day for pickup fall on a holiday, pick-up is to take place on the next regularly scheduled workday.
Example: If the holiday falls on a Monday, then pick-up will take place on Tuesday (after the Holiday).
DRIVERS:
The VA reserves the right to inspect the drivers' licenses and driving records and other qualifications of employees as to capabilities of performing the duties necessary to assure acceptable standards of performance subsequent to award of contract. A copy of driver license and insurance shall be provided to the CO/COR to maintain on record at the Malcom Randall VA, Gainesville, Florida.
SCHEDULE OF SERVICES:
Location Size Qty Frequency Est. Total Pounds/Month
Malcom Randall VAMC 1601 SW Archer Rd Gainesville, FL 32608
38 cubic yards
Chemo Trace Boxes
Body Parts/skin samples
Est. 20
Pull Tues, Thurs & Sat
Tuesdays and Thursdays
On call, when ready for
27800
200lbs pick up
Dermatology Clinic:
5571 SW 64th St.
Gainesville, FL 32608
22-gallon tote 1 case of Bio-hazard bags 30-gal boxes
3 Once a week 285
Pain Clinic:
3401 NW 98 St.
Gainesville FL 32606
22-gallon tote 1 case of Bio-hazard bags 3 - 36 gal containers
1 Once a week 30
Jacksonville VA University:
Memorial Health Care Plaza 3901 University Blvd Jacksonville, FL 32216 Buildings 100 & 200
96-gallon tote / 2 per site
1 Case of Bio- hazard bags
Once a month
Jacksonville OPC:
1536 North Jefferson St.
Jacksonville, FL 32209
Multiple sizes and quantities Est. 30 Twice a week – Tues & Fri 2650
Jacksonville North VA 145 Heron Bay Jacksonville, FL 32218
96-gallon container
Once a month 50
Lake City VAMC 619 S. Marion Ave Lake City, FL 32025-5808
38 cubic yards
Chemo Pill Wrappers
Once a week- Friday
Incinerate -4th Thurs
Lake City Commerce Clinic 484 SW Commerce Drive Lake City, FL 32025
96-gallon containers 2 Once a month 75
Marianna CBOC 4970 Highway 90 Marianna, FL 32446
22-gallon tote
1 case of Bio-hazard bags
3 Once a week 40
Middleburg VA Clinic 400 College Drive, Suite 200 Middleburg, FL 32068
96-gallon containers 2 Once a week
Ocala CBOC:
4826 SW 49th RD Ocala FL 34474
22-gallon tote 1 Case of Bio- hazard bags
22 - 36 gal boxes
Palatka CBOC:
400 North State Road 19, Suite 48 Palatka, FL 32177
22-gallon tote 1 Case of Bio- hazard bags 30-gal boxes
Once a week 250
Perry CBOC 1224 North Peacock Ave.
Perry, FL 32347
96-gallon containers 1 Once a month 50
St. Augustine CBOC 100 Deerfield preserve
BLVD
St. Augustine, FL 32086
96-gallon containers
St. Marys CBOC 2603 Osborne Rd Suite E St. Marys, FL 31558
Once a month
Tallahassee HCC:
2181 Orange Avenue East.
Tallahassee, FL 32301
3 Cases of Bio-hazard bags
Valdosta VA Clinic 348B Enterprise Drive Valdosta, GA 31601
96-gallon containers 2 Once a month 210
The Villages CBOC:
8900 SE 165th Mulberry Ln.
The Villages, FL 32162
22-gallon tote 1 case of Bio-hazard bags 8 - 96 gal containers
Once a week 1300
Waycross CBOC 515 South City Blvd.
Waycross, GA 31501.
96-gallon containers 2 Once a month 100
Gainesville Primary care 3469 SW 34th Street Gainesville, FL 32608
96-gallon containers 4 Every 3 weeks 200
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Gainesville Mental Health 5465 SW 34th Street Gainesville, FL 32608
96-gallon containers 1 Every 3 weeks 50
EVIDENCE OF INSURANCE COVERAGE:
Before award of a contract, the vendor will furnish to the Contracting Officer, a Certificate of Insurance which will contain an endorsement to the effect that cancellation of, or any material change in, the policies which adversely affect the interests of the Government in such insurance shall not be effective unless a 30 day written notice of cancellation or change is furnished to the Contracting Officer.
INVOICE/PAYMENT:
All bills for services incurred under this contract shall be sent to Accounts Payable, Environmental Management Service (137), and VA Medical center, located at 1601 SW Archer Rd., Gainesville, Florida, 32608. All invoices shall identify the proper contract number with the appropriate purchase order, total weights, tons, invoice numbers, and location assigned for each fiscal year and the tax 'identification number. Failure to do so could result in a delay of payment.
All invoices will be submitted through the OB-10/Tungsten system and payment transaction through IPPS (invoice payment processing system) according to the prompt payment act.
DESIGNATION OF CONTRACTING OFFICER'S TECHNICAL REPRESENTATIVE (COR)
A Contracting Officer Representative (COR) of the Contracting Officer (COR) will be designated to represent the Contracting Officer in furnishing technical guidance and advice under this contract. The foregoing is not to be construed as authorization to interpret or furnish advice and information to Contractor relative to the financial or legal aspects of the contract. Those matters are the responsibility of the Contracting Officer and shall not be delegated.
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B.3 PRICE/COST SCHEDULE
ITEM INFORMATION
ITEM
NUMBER
DESCRIPTION OF
SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT
12.00 MO __________________ __________________
Regulated Medical Waste Pickup and Disposal in accordance with Statement of Work Contract Period: Base POP Begin: 09-01-2026 POP End: 08-31-2027 PRINCIPAL NAICS CODE: 562112 - Hazardous Waste Collection PRODUCT/SERVICE CODE: S222 - Housekeeping - Waste Treatment/Storage
Statement of Work Contract Period: Option 1 POP Begin: 09-01-2027 POP End: 08-31-2028 PRINCIPAL NAICS CODE: 562112 - Hazardous Waste Collection
Statement of Work Contract Period: Option 2 POP Begin: 09-01-2028 POP End: 08-31-2029 PRINCIPAL NAICS CODE: 562112 - Hazardous Waste Collection
Statement of Work Contract Period: Option 3 POP Begin: 09-01-2029 POP End: 08-31-2030 PRINCIPAL NAICS CODE: 562112 - Hazardous Waste Collection
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Statement of Work Contract Period: Option 4 POP Begin: 09-01-2030 POP End: 08-31-2031 PRINCIPAL NAICS CODE: 562112 - Hazardous Waste Collection
GRAND TOTAL __________________
SECTION C - CONTRACT CLAUSES
C.1 52.212-4 CONTRACT TERMS AND CONDITIONS—COMMERCIAL
PRODUCTS AND COMMERCIAL SERVICES (OCT 2025) (DEVIATION)
(a) Definitions. The clause at Federal Acquisition Regulation (FAR) 52.202-1, Definitions, is incorporated by reference.
(b) 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.
(c) 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.
(d) Changes. Changes in the terms and conditions of this contract may be made only by written agreement of the parties.
(e) 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 FAR 52.233-1, Disputes, which is incorporated in this contract by reference. The Contractor shall proceed diligently with performance of this contract, pending final resolution of any dispute arising under the contract.
(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. Examples of occurrences include 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. When an excusable delay occurs, the Contractor shall—
(1) Notify the Contracting Officer in writing as soon as possible;
(2) Remedy the delay as quickly as possible; and
(3) Notify the Contracting Officer when the occurrence is over.
(g) Invoice. The Government will handle invoices according to the Prompt Payment Act (31 U.S.C. 3903) and 5 CFR part 1315. The Contractor shall submit invoices to the address designated in the contract to receive invoices. An invoice must include the information required by 5 CFR part 1315.9(b).
(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) 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 that appears on the payment check or the specified payment date if an electronic funds transfer payment is made.
(4) 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;
(D) Contractor point of contact; and
(ii) Provide a copy of the remittance and supporting documentation to the Contracting Officer.
(5) 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 FAR part 33 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 FAR part 32).
(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 termination for cause.
(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 for interest credits prescribed in FAR part 32 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 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. The Government will send a cure notice to the Contractor, unless the reason for the termination is late delivery. 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 under this contract 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) 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; 40 U.S.C. chapter 37, Contract Work Hours and Safety Standards; 41 U.S.C.
chapter 87, Kickbacks; 49 U.S.C. 40118, Government-financed air transportation; and 41 U.S.C.
chapter 21 relating to procurement integrity.
(r) 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 Disputes, Payments, Invoice, Compliance with Laws Unique to Government Contracts, and Unauthorized Obligations paragraphs of this clause;
(3) Other contract clauses incorporated in the solicitation or contract;
(4) Addenda to this solicitation or contract,
(5) Solicitation provisions incorporated in the solicitation.
(6) Other paragraphs of this clause.
(7) Other documents, exhibits, and attachments; and
(8) The specification.
(s) Unauthorized obligations.
(1) Except as stated in paragraph (s)(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 (s)(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.
(t) Comptroller General examination of record. This paragraph applies if this contract was awarded using other than sealed bid procedures and is in excess of the simplified acquisition threshold on the date of award of this contract.
(1) The Comptroller General of the United States, or an authorized representative of the Comptroller General, shall have access to and right to examine any of the Contractor’s directly pertinent records involving transactions related to this contract.
(2) The Contractor shall make available at its offices, at all reasonable times, the records, materials, and other evidence for examination, audit, or reproduction, until 3 years after final payment under this contract or for any shorter period specified in FAR part 4, longer period required by statute, or periods specified in other clauses of this contract. If this contract is completely or partially terminated, the records relating to the work terminated shall be made available for 3 years after any resulting final termination settlement. Records relating to appeals under the disputes clause or to litigation or the settlement of claims arising under or relating to this contract shall be made available until such appeals, litigation, or claims are finally resolved.
(3) As used in this clause, records include books, documents, accounting procedures and practices, and other data, regardless of type and regardless of form. This clause does not require the Contractor to create or maintain any record that the Contractor does not maintain in the ordinary course of business or pursuant to a provision of law.
(u) 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 52.217-8 OPTION TO EXTEND SERVICES (NOV 1999)
The Government may require continued performance of any services within the limits and at the rates specified in the contract. These rates may be adjusted only as a result of revisions to prevailing labor rates provided by the Secretary of Labor. The option provision may be exercised more than once, but the total extension of performance hereunder shall not exceed 6 months. The Contracting Officer may exercise the option by written notice to the Contractor within 30 days.
(End of Clause)
C.3 52.217-9 OPTION TO EXTEND THE TERM OF THE CONTRACT (MAR
2000)
(a) The Government may extend the term of this contract by written notice to the Contractor within 30 days; provided that the Government gives the Contractor a preliminary written notice of its intent to extend at least 60 days before the contract expires. The preliminary notice does not commit the Government to an extension.
(b) If the Government exercises this option, the extended contract shall be considered to include this option clause.
(c) The total duration of this contract, including the exercise of any options under this clause, shall not exceed five (5) years.
(End of Clause)
C.4 52.222-36 EQUAL OPPORTUNITY FOR WORKERS WITH DISABILITIES
(NOV 2025) (DEVIATION)
(a) Equal opportunity clause. The Contractor must abide by the requirements of the equal opportunity clause at 41 CFR 60-741.5(a), as of March 24, 2014. This clause prohibits discrimination against qualified individuals on the basis of disability, and requires affirmative action by the Contractor to employ and advance in employment qualified individuals with disabilities.
(b) Subcontracts. The Contractor must include the terms of this clause in every subcontract or purchase order in excess of the threshold specified in Federal Acquisition Regulation (FAR) 22.1401-2(a)(1) on the date of subcontract award, unless exempted by rules, regulations, or orders of the Secretary, so that such provisions will be binding upon each subcontractor or vendor. The Contractor must act as specified by the Director, Office of Federal Contract Compliance Programs of the U.S. Department of Labor, to enforce the terms, including action for noncompliance. Such necessary changes in language may be made as shall be appropriate to identify properly the parties and their undertakings.
(End of Clause)
C.5 52.222-40 NOTIFICATION OF EMPLOYEE RIGHTS UNDER THE
NATIONAL LABOR RELATIONS ACT (NOV 2025) (DEVIATION)
(a) During the term of this contract, the Contractor must post an employee notice, of such size and in such form, and containing such content as prescribed by the Secretary of Labor, in conspicuous places in and about its plants and offices where employees covered by the National Labor Relations Act engage in activities relating to the performance of the contract, including all places where notices to employees are customarily posted both physically and electronically, in the languages employees speak, in accordance with 29 CFR 471.2(d) and (f).
(1) Physical posting of the employee notice must be in conspicuous places in and about the Contractor's plants and offices so that the notice is prominent and readily seen by employees who are covered by the National Labor Relations Act and engage in activities related to the performance of the contract.
(2) If the Contractor customarily posts notices to employees electronically, then the Contractor must also post the required notice electronically by displaying prominently, on any Web site that is maintained by the Contractor and is customarily used for notices to employees about terms and conditions of employment, a link to the Department of Labor's Web site that contains the full text of the poster. The link to the Department's Web site, as referenced in (b)(3) of this section, must read, "Important Notice about Employee Rights to Organize and Bargain Collectively with Their Employers."
(b) This required employee notice, printed by the Department of Labor, may be—
(1) Obtained from the Division of Interpretations and Standards, Office of Labor-Management Standards, U.S. Department of Labor, 200 Constitution Avenue, NW., Room N-5609, Washington, DC 20210, (202) 693-0123, or from any field office of the Office of Labor- Management Standards or Office of Federal Contract Compliance Programs;
(2) Provided by the Federal contracting agency if requested;
(3) Downloaded from the Office of Labor-Management Standards Web site at http://www.dol.gov/olms/regs/compliance/EO13496.htm; or
(4) Reproduced and used as exact duplicate copies of the Department of Labor's official poster.
(c) The required text of the employee notice referred to in this clause is located at Appendix A, Subpart A, 29 CFR Part 471.
(d) The Contractor must comply with all provisions of the employee notice and related rules, regulations, and orders of the Secretary of Labor.
(e) In the event that the Contractor does not comply with the requirements set forth in paragraphs (a) through (d) of this clause, this contract may be terminated or suspended in whole or in part, and the Contractor may be suspended or debarred in accordance with 29 CFR
471.14 and subpart 9.4. Such other sanctions or remedies may be imposed as are provided by 29 CFR part 471, which implements Executive Order 13496 or as otherwise provided by law.
(f) Subcontracts.
(1) The Contractor must include the substance of this clause, including this paragraph (f), in every subcontract that exceeds $10,000 and will be performed wholly or partially in the United States, unless exempted by the rules, regulations, or orders of the Secretary of Labor issued pursuant to section 3 of Executive Order 13496 of January 30, 2009, so that such provisions will be binding upon each subcontractor.
(2) The Contractor must not procure supplies or services in a way designed to avoid the applicability of Executive Order 13496 or this clause.
(3) The Contractor must take such action with respect to any such subcontract as may be directed by the Secretary of Labor as a means of enforcing such provisions, including the imposition of sanctions for noncompliance.
(4) However, if the Contractor becomes involved in litigation with a subcontractor, or is threatened with such involvement, as a result of such direction, the Contractor may request the United States, through the Secretary of Labor, to enter into such litigation to protect the interests of the United States.
(End of Clause)
C.6 52.222-42 STATEMENT OF EQUIVALENT RATES FOR FEDERAL HIRES
(MAY 2014)
In compliance with the Service Contract Labor Standards statute and the regulations of the Secretary of Labor (29 CFR Part 4), this clause identifies the classes of service employees expected to be employed under the contract and states the wages and fringe benefits payable to each if they were employed by the contracting agency subject to the provisions of 5 U.S.C.5341 or 5332.
This Statement is for Information Only:
It is not a Wage Determination
Employee Class Monetary Wage-Fringe Benefits
C.7 52.222-90 ADDRESSING DEI DISCRIMINATION BY FEDERAL
CONTRACTORS (DEVIATION APR 2026)
(a)Definitions. As used in this clause—
Program participation means membership or participation in, or access or admission to:
training, mentoring, or leadership development programs; educational opportunities; clubs;
associations; or similar opportunities that are sponsored or established by the contractor or subcontractor.
Racially discriminatory diversity, equity, and inclusion (DEI) activities means disparate treatment based on race or ethnicity in the recruitment, employment (e.g., hiring, promotions), contracting (e.g., vendor agreements), program participation, or allocation or deployment of an entity's resources.
(b) In connection with the performance of work under this contract, the Contractor agrees as follows:
(1) The Contractor will not engage in any racially discriminatory DEI activities;
(2) The Contractor will furnish all information and reports, including providing access to books, records, and accounts, as required by the Contracting Officer, for purposes of ascertaining compliance with this clause;
(3) In the event of the Contractor's or a subcontractor's noncompliance with this clause, this contract may be canceled, terminated, or suspended in whole or in part, and the Contractor or subcontractor may be declared ineligible for further Government contracts;
(4) The Contractor will report any subcontractor's known or reasonably knowable conduct that may violate this clause to the Contracting Officer and take any appropriate remedial actions directed by the Contracting Officer; and
(5) The Contractor will inform the Contracting Officer if a subcontractor sues the Contractor and the suit puts at issue, in any way, the validity of this clause.
(6) The Contractor recognizes that compliance with the requirements of this clause are material to the Government's payment decisions for purposes of 31 U.S.C. 3729(b)(4).
(c) The Contractor must include the substance of this clause, including this paragraph (c), in subcontracts at any tier, including those for commercial products and commercial services, except those where the place of delivery or performance is outside the United States.
(End of Clause)
C.8 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.9 52.240-91 SECURITY PROHIBITIONS AND EXCLUSIONS (NOV 2025)
(DEVIATION)
(a) Definitions. As used in this clause—
American Security Drone Act-covered foreign entity means an entity included on a list that the Federal Acquisition Security Council (FASC) develops and maintains and publishes in the System for Award Management (SAM) at https://www.sam.gov (section 1822 of Pub. L. 118-31, 41 U.S.C. 3901 note prec.).
Backhaul means intermediate links between the core network, or backbone network, and the small subnetworks at the edge of the network (e.g., connecting cell phones/towers to the core telephone network). Backhaul can be wireless (e.g., microwave) or wired (e.g., fiber optic, coaxial cable, Ethernet).
Covered application means the social networking service TikTok or any successor application or service developed or provided by ByteDance Limited or an entity owned by ByteDance Limited.
Covered article, as defined in 41 U.S.C. 4713(k), means:
(1) Information technology, as defined in 40 U.S.C. 11101, including cloud computing services of all types;
(2) Telecommunications equipment or telecommunications service, as those terms are defined in section 3 of the Communications Act of 1934 (47 U.S.C. 153);
(3) The processing of information on a Federal or non-Federal information system, subject to the requirements of the Controlled Unclassified Information program (see 32 CFR part 2002); or
(4) Hardware, systems, devices, software, or services that include embedded or incidental information technology.
Covered foreign country means The People’s Republic of China.
Covered telecommunications equipment or services means—
(1) Telecommunications equipment produced by Huawei Technologies Company or ZTE Corporation (or any subsidiary or affiliate of such entities);
(2) For the purpose of public safety, security of Government facilities, physical security surveillance of critical infrastructure, and other national security purposes, video surveillance and telecommunications equipment produced by Hytera Communications Corporation, Hangzhou Hikvision Digital Technology Company, or Dahua Technology Company (or any subsidiary or affiliate of such entities);
(3) Telecommunications or video surveillance services provided by such entities or using such equipment; or
(4) Telecommunications or video surveillance equipment or services produced or provided by an entity that the Secretary of Defense, in consultation with the Director of National Intelligence or the Director of the Federal Bureau of Investigation, reasonably believes to be an entity owned or controlled by, or otherwise connected to, the government of a covered foreign country.
Critical technology means—
(1) Defense articles or defense services included on the United States Munitions List set forth in the International Traffic in Arms Regulations under subchapter M of chapter I of title 22, Code of Federal Regulations;
(2) Items included on the Commerce Control List set forth in Supplement No. 1 to part 774 of the Export Administration Regulations under subchapter C of chapter VII of title 15, Code of Federal Regulations, and controlled—
(i) Pursuant to multilateral regimes, including for reasons relating to national security, chemical and biological weapons proliferation, nuclear nonproliferation, or missile technology; or
(ii) For reasons relating to regional stability or surreptitious listening;
(3) Specially designed and prepared nuclear equipment, parts and components, materials, software, and technology covered by part 810 of title 10, Code of Federal Regulations (relating to assistance to foreign atomic energy activities);
(4) Nuclear facilities, equipment, and material covered by part 110 of title 10, Code of Federal Regulations (relating to export and import of nuclear equipment and material);
(5) Select agents and toxins covered by part 331 of title 7, Code of Federal Regulations, part 121 of title 9 of such Code, or part 73 of title 42 of such Code; or
(6) Emerging and foundational technologies controlled pursuant to section 1758 of the Export Control Reform Act of 2018 (50 U.S.C. 4817).
FASC-prohibited unmanned aircraft system means an unmanned aircraft system manufactured or assembled by an American Security Drone Act—covered foreign entity.
FASCSA order means any of the following orders issued under the Federal Acquisition Supply Chain Security Act (FASCSA) requiring removing covered articles from executive agency information systems or excluding one or more named sources or named covered articles from executive agency procurement actions, as described in 41 CFR 201-1.303(d) and (e):
(1) The Secretary of Homeland Security may issue FASCSA orders that apply to civilian agencies, to…
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