36C26019Q0439-001.docx

36C26019Q0439

PAGE 1 OF

X X 531-3690162-5044-856700-2542 010050176 See CONTINUATION Page crystal.parris@va.gov.

The VA Contracting POC is Crystal Parris at Notice of SDVOSB Set-Aside, Page , applies.

4th Option Period: 1 June 2023 - 31 May 2024 3rd Option Period: 1 June 2022 - 31 May 2023 2nd Option Period: 1 June 2021 - 31 May 2022 1st Option Period: 1 June 2020 - 31 May 2021 Base Year: 1 June 2019 - 31 May 2020 The Period of Performance is as follows:

instructions on pages Offerors shall throughly review the quote preparation accordance with the attached statement of work.

Disposal Services for the Boise VA Medical Center in The Contractor shall provide Hazardous Waste Removal and See CONTINUATION Page Austin TX 78714-9971 PO Box 149971 Financial Services Center

FMS-VA-2(101)

Department of Veterans Affairs

DuPont WA 98327 1495 Wilmington Drive, Suite 360 Network Contracting Office 20 Department of Veterans Affairs 36C260 DuPont WA 98327 1495 Wilmington Drive, Suite 360 See Section B.2 Delivery Schedule Network Contracting Office 20 Department of Veterans Affairs 36C260 X N/A X Net 30 Days $38.5 Million 562112 X X DuPont WA 98327 1495 Wilmington Drive, Suite 360 Network Contracting Office 20 Department of Veterans Affairs 36C260

12:00 PM PDT

05-29-2019 253-888-4923 Crystal Parris 05-2 -2019 36C26019Q0439 531-19-3-5044-0086

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS

OFFEROR TO COMPLETE BLOCKS 12, 17, 23, 24, & 30

STANDARD FORM 1449

INFORMATION CALL:

7. FOR SOLICITATION

Prescribed by GSA - FAR (48 CFR) 53.212

PREVIOUS EDITION IS NOT USABLE

(REV. 2/2012)

AUTHORIZED FOR LOCAL REPRODUCTION

31c. DATE SIGNED 31b. NAME OF CONTRACTING OFFICER (TYPE OR PRINT) 30c. DATE SIGNED 30b. NAME AND TITLE OF SIGNER (TYPE OR PRINT) 31a. UNITED STATES OF AMERICA (SIGNATURE OF CONTRACTING OFFICER) 30a. SIGNATURE OF OFFEROR/CONTRACTOR

SET FORTH HEREIN IS ACCEPTED AS TO ITEMS:

ADDITIONAL SHEETS SUBJECT TO THE TERMS AND CONDITIONS SPECIFIED

(BLOCK 5), INCLUDING ANY ADDITIONS OR CHANGES WHICH ARE

DELIVER ALL ITEMS SET FORTH OR OTHERWISE IDENTIFIED ABOVE AND ON ANY

DATED ________________________________. YOUR OFFER ON SOLICITATION

COPIES TO ISSUING OFFICE. CONTRACTOR AGREES TO FURNISH AND

29. AWARD OF CONTRACT: REF. ___________________________________ OFFER

28. CONTRACTOR IS REQUIRED TO SIGN THIS DOCUMENT AND RETURN _______________

ARE NOT ATTACHED

ARE

27b. CONTRACT/PURCHASE ORDER INCORPORATES BY REFERENCE FAR 52.212-4. FAR 52.212-5 IS ATTACHED. ADDENDA

ARE NOT ATTACHED.

ARE

27a. SOLICITATION INCORPORATES BY REFERENCE FAR 52.212-1, 52.212-4. FAR 52.212-3 AND 52.212-5 ARE ATTACHED. ADDENDA

26. TOTAL AWARD AMOUNT (For Govt. Use Only)

25. ACCOUNTING AND APPROPRIATION DATA

(Use Reverse and/or Attach Additional Sheets as Necessary)

AMOUNT

UNIT PRICE

UNIT

QUANTITY

SCHEDULE OF SUPPLIES/SERVICES

ITEM NO.

24.

23.

22.

21.

20.

19.

SEE ADDENDUM

18b. SUBMIT INVOICES TO ADDRESS SHOWN IN BLOCK 18a UNLESS BLOCK BELOW IS CHECKED 17b. CHECK IF REMITTANCE IS DIFFERENT AND PUT SUCH ADDRESS IN OFFER

FAX:

PHONE:

DUNS+4:

DUNS:

TELEPHONE NO.

CODE

18a. PAYMENT WILL BE MADE BY

FACILITY CODE

CODE

17a. CONTRACTOR/OFFEROR

CODE

16. ADMINISTERED BY

CODE

15. DELIVER TO

RFP

IFB

RFQ

14. METHOD OF SOLICITATION

13b. RATING

DPAS (15 CFR 700)

RATED ORDER UNDER

13a. THIS CONTRACT IS A

12. DISCOUNT TERMS

SEE SCHEDULE

MARKED

TION UNLESS BLOCK IS

11. DELIVERY FOR FOB DESTINA-

SIZE STANDARD:

NAICS:

8(A)

EDWOSB

SMALL BUSINESS PROGRAM

(WOSB) ELIGIBLE UNDER THE WOMEN-OWNED

WOMEN-OWNED SMALL BUSINESS

SMALL BUSINESS

VETERAN-OWNED

SERVICE-DISABLED

BUSINESS

HUBZONE SMALL

SMALL BUSINESS

% FOR:

SET ASIDE:

UNRESTRICTED OR

10. THIS ACQUISITION IS

CODE

9. ISSUED BY

TIME

8. OFFER DUE DATE/LOCAL

b. TELEPHONE NO. (No Collect Calls)

a. NAME

6. SOLICITATION ISSUE DATE

5. SOLICITATION NUMBER

4. ORDER NO.

3. AWARD/EFFECTIVE DATE

2. CONTRACT NO.

1. REQUISITION NO.

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: To be Determined

b. GOVERNMENT: Contracting Officer 36C260 Department of Veterans Affairs Network Contracting Office 20 1495 Wilmington Drive, Suite 360 DuPont WA 98327

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

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.

Department of Veterans Affairs

FMS-VA-2(101)

Financial Services Center PO Box 149971 Austin TX 78714-9971

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

B.2 PRICE/COST SCHEDULE

BASE YEAR: 1 JUNE 2019 – 31 MAY 2020

OPTION PERIOD ONE (1): 1 JUNE 2020 – 31 MAY 2021

OPTION PERIOD TWO (2): 1 JUNE 2021 – 31 MAY 2022

OPTION PERIOD THREE (2): 1 JUNE 2022 – 31 MAY 2023

OPTION YEAR FOUR (4): 1 JUNE 2023 – 31 MAY 2024

TOTAL CONTRACT AMOUNT OVER BASE AND ALL OPTION PERIODS: $_______________

Page 1 of Page 1 of

B.3 STATEMENT OF WORK

1. Contract Title: Hazardous Waste Removal and Disposal Services

2. General Information: This is a non-personal services contract to provide Hazardous Waste Removal and Disposal Services for the Boise VA Medical Center, Boise, ID. The Government shall not exercise any supervision or control over the contract service providers performing the service herein. Such contract service providers shall be accountable solely to the Contractor, who in turn is responsible to the Government.

3. Description of Services/Scope: The Contractor shall furnish all supervision, labor, materials, containers, pick-up at the designated medical center location, and transport, incinerate, recycle, treat, or landfill by other commercially acceptable methodology, and dispose of Hazardous Waste, Non-Hazardous Chemical Waste, Dual Medical/Chemical Waste, Universal Waste and Pharmaceutical Waste from the Boise VA Medical Center. The Veteran Affairs reserves the right to handle a particular waste stream outside of the scope of this contract if it can be recycled, handled, or treated locally.

3.1 The Contractor shall ensure that all Local, State and Federal laws and codes for manifesting, handling and transportation of Hazardous and Pharmaceutical Waste are met or exceeded. Contractor vehicles shall meet or exceed all City, County, State and Federal licensing and vehicle requirements as mandated by the State of Idaho and the Resource Conservation and Recovery Act (RCRA), DOT, OSHA, EPA regulations specific to the type of waste to be disposed. If in the performance of this contract; transportation, destruction, or disposal takes place in a state other than Washington, the Contractor shall fully comply with all applicable regulations of such state.

https://www.epa.gov/rcra https://legislature.idaho.gov/statutesrules/idstat/Title39/T39CH44/ https://www.deq.idaho.gov/waste-mgmt-remediation/hazardous-waste/ https://adminrules.idaho.gov/rules/current/58/580105.pdf

4. Background: The Boise VA Medical Center requires contract personnel to provide Hazardous Waste Removal and Disposal Services and does not have the personnel and applicable licenses to perform these services at the hospital.

5. Place of Performance:

Boise VA Medical Center/Hazardous Materials Building /Located on the hill behind Bldg. 71 garage 500 W. Fort Street Boise, ID 83702

6. Period of Performance: The period of performance shall be for a base year plus four (4) one-year option periods (five years’ total). See Section B.3 Price/Cost Schedule.

7. Specific Tasks: Wastes are normally collected from one location at Bldg. 71. The wastes will be segregated by hazard class or chemical compatibility and labeled appropriately.

7.1 The Contractor shall comply with all Federal, State and local regulations, policies and procedures regarding tracking, record keeping, manifesting and documentation of all wastes. The contractor will be required to comply with all changes to such Federal, State and local regulations and procedures which occur during the term of this contract. The Contractor will provide POC any additional certifications that may be required because of changes in such laws.

7.2 The Contractor shall maintain insurance that meets all local, state, and federal requirements for a transport, storage, and/or disposal of hazardous waste.

7.3 Provide contractor’s two-person crew with the HAZWOPER training required for hazardous waste handling and emergency procedures. This training should include OSHA, EPA and DOT regulations.

7.4 Insure employees maintain a professional image while performing work at the Boise VA Medical Center.

7.5 Provide appropriate protective equipment to their employees and involved Boise VA Medical Center personnel (if any).

7.6 Prior to pick up, the Contractor personnel classifying the wastes for the manifest will contact the POC to resolve any differences between the Contractor’s waste determination/RCRA code and the RCRA code provided on Boise VA Medical Center’s waste inventory.

7.7 The Contractor shall provide properly executed and legible copy of all manifests and documentation that apply to the removal, transport, and disposal of wastes conducted by its workforces and/or its subcontractors.

7.8 Prior to the removal and transport of waste generated by Boise VA Medical Center, the Contractor will obtain approval and signature for each manifest from the POC or his/her designee verifying that the Contractor has accepted the waste from the VA. Manifests not signed by the POC or his/her designee will not be deemed valid. The Generator Copy of the completed manifests (with all required signatures including signature of facility certifying receipt) will be provided to the POC within 30 days of the removal of waste from the facility.

7.9 Profiles of chemicals (if needed) shall be prepared for the Boise VA Medical Center with information provided by the Boise VA Medical Center. The Contractor shall be responsible for any required chemical analysis including (but not limited to) pH testing; solids content analysis; etc. which can be performed at the collection site.

7.10 The Contractor shall provide the VA POC with report on waste disposal method to be used for each of the class of waste.

7.11 Package bulk wastes into the largest container feasible. Smaller sizes shall be used for partial loads or to meet the disposal priorities listed below (see 8. Types of Chemical Disposal). The Contractor shall be responsible for properly containerizing all lab-packs and for assuming all safety measures to prevent harm or injury to VA patients, visitors, employees, contractor employees (example: PPE) and the environment (example: storm drain covers).

7.12 The Contractor shall pack, transport, and provide for final disposal of wastes, as listed in schedule of cost list and, as requested, provide costs for other unlisted non-routine waste stream.

7.13 The Contractor shall perform pickup or other work required at the Boise VA Medical Center between 8:00 am through 4:00 pm mountain standard time. Federal Holiday’s that will be observed by the VA are as follows:

Christmas Day

7.14 Work shall be scheduled every two months, and as needed, and will be begin within 30 days from date of award. If there is a nonroutine pick up requested by the POC, the waste should be picked up within 7 days of the request if Non-RCRA and within 21 days if RCRA. The Contractor must coordinate all pickups with the facility POC. There shall be no penalty or additional costs incurred should Boise VA Medical Center require more or less than the estimated pickups or disposal volume outlined in the schedule of costs.

7.15 The Contractor shall provide information required to complete DEQ Annual Hazardous Waste Generator Report and, as needed, large quantity generator Biennial Hazardous Waste Report in accordance with Idaho Code Section 39-44.

7.16 The Contractor shall provide emergency response to and cleanup of chemical spills or leaks. This includes, but is not limited to the following:

7.16 Emergency Response Capabilities. The Contractor shall provide the following information on the Contractor's emergency response (ER) capabilities

· Contractor's ER policies.

· ER capabilities and experience and limitations.

· Type of ER equipment maintained (specify if owned or subcontracted and from whom).

· Personnel availability, training and experience.

· Contractor's emergency response procedure shall describe:

· How to request an emergency response.

· How the contractor notifies personnel and initiates response action.

· Incident command procedures followed by the contractor.

· ER work practices.

· ER protection of health and safety practices include site specific safety plan to protect workers and nearby population during ER.

· ER invoicing policy.

7.17 Upon request, the Contractor shall provide written Standard Operating Procedures (SOPs) for the collection, handling, accumulation, recycling, sampling, lab testing, characterization, packing and shipping of hazardous, universal and non-hazardous wastes. This SOP shall describe:

· Site safety and contingency procedures (e.g. spill management).

· Operational procedures and site management structure.

· Supplies and equipment practices.

· Material sampling procedures.

· Hazard assessment and categorization procedures.

· Packing procedures.

· Quality assurance and quality control procedures to ensure materials are properly identified, categorized, and packaged, and paperwork is properly completed

· Procedures for gaining waste acceptance into a transfer/ disposal facility

· Contractor and project management procedures.

7.18 The Contractor shall provide a statement of how each CLIN (Contract Line Item Number) will be disposed of based on the following groupings. If more than one applies to a given CLIN, please explain:

· Recycling of chemicals to another party for future use if economically feasible and practical.

· Treatment of the 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.

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

7.19 The Contractor shall provide a single point of contact with back up. Provide a list of names, titles, addresses, telephone numbers (including cellular), pager/beeper numbers, facsimile numbers and e-mail addresses of key managers, supervisors, customer service and field service personnel performing under this contract.

7.20 The Contractor shall provide monthly cleaning the pharmacy biological safety cabinet where hazardous drugs are compounded, including the area under the work tray, and maintaining an SOP of the cleaning procedure.

7.21 Within two weeks of a written request the Contractor shall provide representative(s) of the Department of Veterans Affairs an opportunity to inspect any facility (or subcontractor’s facility) used for storage, treatment, and/or disposal of hazardous materials collected from the BVAMC at any time during or after contract period while VA wastes are present.

7.22 All containers, packing material, and any other necessary equipment and documentation for lab packs shall be furnished by the Contractor and be included per CLIN (Contract Line Item Number) in the Cost Schedule. The Contractor may, on occasion, be requested to furnish additional waste storage containers (e.g., for bulk wastes) and shall provide pricing for these additional containers with their proposal. Should the VA require this service, contractor shall invoice the container in accordance with list submitted with their pricing proposal.

7.23 All deliveries shall be specifically addressed to the Contractor and not the Boise VA Medical Center. The Boise VA Medical Center shall make best efforts to refuse delivery of Contractor goods or materials. Any materials inadvertently received by the BVAMC will be identified to the Contractor for immediate pick-up. The BVAMC takes no responsibility in the receipt of any goods or materials that are the Contractor’s.

7.24 The Government shall not furnish any equipment, services, or information to the Contractor not specifically stated in the Statement of Work.

7.25 The Contractor shall provide information identifying any proposed subcontractors and identifying services to be performed by the subcontractors. The Contractor shall submit evidence that the subcontractor is qualified and legally able to provide services. (ALL subcontractors must be approved by the POC or his/her designee prior to performing any duties under this contract). In accordance with FAR 52.219-14 – Limitations on Subcontracting (DEVIATION 2019-O0003) “At least 50 percent of the cost of contract performance incurred for personnel shall be expended for employees of the concern.”

8. Permits and Responsibilities:

8.1 The Contractor shall comply with and maintain all licenses and permits for operational personnel, trailers, containers, vehicles and other resources required for proper removal and transport of waste in accordance with all applicable Federal, State, Municipal, and local regulations (e.g. OSHA, EPA, DOT including, but not limited to HM-181). If appropriate licenses are not maintained, the VA may terminate the contract effective upon discovery.

8.2 The Contractor shall provide evidence of being a licensed Hazardous Waste Transporter prior to loading any materials.

8.3 Clean up any spill or release of wastes occurring during the performance of services under this contract, through no fault of the VA. The Contractor shall be responsible for all costs associated with the satisfactory remediation of the incident. This will include the cost of all labor and materials as well as any actual damages incurred to the facility and harm caused to patients, visitors and staff of the medical center. The remediation efforts shall be performed to the satisfaction of all federal, state, local agencies, or other authority having jurisdiction, and the POC. (see 9. Spill Reporting Requirements) below.

9. Spill Reporting Requirements:

9.1 The Contractor is responsible for reporting to the POC all spills, regardless of quantity, and all personnel exposures. Such reports shall first be reported by telephone immediately following the incident and shall be followed up in writing no later than seven (7) day after the initial telephone report.

9.2 When reporting a spill, the following information shall be furnished:

9.3 Idaho Department of Environmental Quality (IDAPA 58.01.02., 850, 851 and 852), and National Response Center reporting requirements will be adhered to. https://adminrules.idaho.gov/rules/2014/58/0107.pdf

10. Types of Chemical Disposal:

10.1 The Contractor shall disposal 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 for future use if economically feasible and practical.

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

d. Out of country shipments are prohibited under this contract.

11. Coordination of Work: If any questions or concerns arise, the Contractor shall coordinate with the POC for direction. Any disruptions to the normal functions of the Boise VA Medical Center (road closures, utility connections, etc.) shall be brought to the attention of the POC as soon as possible.

12. Performance Monitoring: The VA POC is responsible for certifying that the work done under the contract is performed to time and standard. The VA POC is also responsible to assure the inspection and acceptance of any products provided incidental to services. Quality will be monitored by evaluating prompt and complete service as specified in the contract, by observing onsite work, by reviewing manifests and other documentation filled out by the Contractor, and by evaluating completeness of recordkeeping including availability of Certificates of Destruction.

13. Security Requirements: The Contractor employees shall not have access to Veteran Affairs sensitive or computer information and will not require routine access to Veteran Affairs Facilities. The Contractor employees shall require intermittent access only and will be escorted by Veteran Affairs employees while at Veteran Affairs Facilities. No background investigation is required.

14. Safety, Security, Smoking and Parking Requirements:

14.1 Safety Requirements. In the performance of this contract, the Contractor shall take such safety precautions deemed necessary to protect the lives and health of VA patients, visitors, staff and the general public.

14.2 Security.

14.3 Smoking. Tobacco use, and smoking is only permitted in designated smoking/tobacco use areas.

14.4 Parking.

15. Electronic Data: All manifests, waste determinations, waste generation data, shipping information and other data required for the proper execution of this contract shall be maintained by the Contractor in an electronic database. This system should enable tracking of monthly shipping data or annual reports and enable tracking of compliance dates. The electronic database will be provided to the VA POC upon request in a Microsoft Excel spreadsheet or web-based information access.

16. Table of Estimated Waste Generation: This is an estimated hazardous waste chart based on an annual amount generated by Boise VA Medical Center.

17. Patient Confidentiality: The Contractor shall ensure the confidentiality of all patient information being transported and will be held liable in the event of breach of confidentiality. The Contractor shall comply with the provisions of the Federal Privacy Act of 1974 (Public Law 93-579: https://www.dodig.mil/Portals/48/Documents/Programs/Privacy%20Program/pa1974.pdf?ver=2017-04-14-103528-910), the comprehensive Alcohol Abuse and Alcoholism Prevention, Treatment and Rehabilitation Act of 1972 (Public Law 93-282: http://www.gpo.gov/fdsys/pkg/STATUTE-88/pdf/STATUTE-88-Pg125.pdf), and the Drug Abuse Office and Treatment Act of 1972 (Public Law 93-255: http://www.gpo.gov/fdsys/pkg/STATUTE-86/pdf/STATUTE-86-Pg65.pdf), and any other statutes regarding confidentiality of patient information.

18. Option to Extend Services: In accordance with FAR Clause 52.217-8, Option to Extend Services, the contract may be extended, at the Government’s sole discretion, for a period of up to six (6) months, exercisable in increments of not less than one (1) month. If the contract contains an unexercised option period, the Government may elect to exercise the option pursuant to FAR Clause 52.217-9, Option to Extend the Term of the Contract, during any short-term extension. The short-term extension(s) shall be subtracted from the total duration of the immediately succeeding option period that may follow as a result of the exercise of the option pursuant to FAR Clause 52.217-9 so that the combination of the short-term extension(s) and the option will not exceed 12 months’ duration. If the Government exercises one or more short term extensions in accordance with FAR Clause 52.217-8 and this instruction or an option period pursuant to FAR Clause 52.217-9, or any combination thereof, the contract as extended shall be deemed to include this extension instruction and FAR Clause 52.217-8; thus, the authority to extend services pursuant to FAR Clause 52.217-8 and this instruction may be exercised at the end of the base period and at the end of each option period.

The prices applicable during the short-term extension(s) shall be the price(s) applicable during the immediately succeeding option period if there is one (for example, CLIN 1001 subject only to any adjustment required by the Service Contract Act). If there is no immediately succeeding option period, the price(s) shall be the price(s) applicable during the immediately preceding contract period, subject only to any adjustment required by the Service Contract Act.

The extension(s) may be exercised by the Government IAW FAR Clause 52.217-8, provided that the CO has given notice of the Government’s intent to exercise the extension at least 7 calendar days before this contract is to expire. A notice will be provided for each separate extension.

For requirements items, the prices applicable during the short-term extension(s) shall be the prices applicable during the immediately succeeding option period, if there is one. If there is no succeeding option period, the prices shall be the prices applicable during the immediately preceding contract period.

The cost ceiling(s), base fee(s), and award fee(s) during the short-term option(s) shall be the pro rata portion of the costs and fees applicable to the immediately succeeding option period, if there is one. If there is no succeeding option period, the cost ceiling(s) and fee(s) shall be the pro rata portion of the costs and fees for the immediately preceding contract period.

15. Invoicing: Invoice shall be received within 6 weeks of waste pick up date.

Payment of services rendered under this contract will be made in arrears upon satisfactory completion of each service and receipt of a properly prepared invoice and submitted by the Contractor. Invoices shall reference the Purchase Order Number, Date of Pickup, provide a complete and accurate description of services/ supplies delivered/ rendered, including dates of performance, amounts, unit prices, extended totals and any other data relevant for payment purposes.

Prior to submitting invoice, the Contractor shall provide an invoice to POC for review.

Attached document-- Line item description on invoice must match the price/cost schedule CLIN and description and reference line item number on manifest.

The Government shall not authorize payment until such time that the POC receives all properly executed and signed documentation.

ANY ADDITIONAL CHARGES CLAIMED MUST BE APPROVED BY THE Contracting Officer IN WRITING BEFORE SERVICE IS COMPLETED!

VA published the final rule requiring vendors to submit invoices electronically to the Financial Services Center (FSC) in the November 27, 2012 Federal Register. The rule became effective December 27, 2012. The rule includes a new contract clause to be inserted in all solicitations and contracts by the contracting officer (VAAR 852.232-72). Vendors can comply with the rule by using either of the two methods below:

1. The FSC uses a third-party contractor, Tungsten Network, to transition vendors from paper to electronic invoice submission. For information on Tungsten Network electronic invoicing set-up, vendors should call 1-877-489-6135, or email VA.Registration@Tungsten-Network.com.

Vendors are required to register with Tungsten Network and submit invoices electronically as a condition of acceptance of this contract or order.

For questions please refer to: http://www.tungsten-network.com/us/en/veterans-affairs/ Submittal of invoices are to be through http://www.tungsten-network.com/us/en/

If the company elects for a Web Form Account:

Step 1: They do not require a “Registration Key” unless provided to them directly through Email.

Step 5: Their Companies Tax Payer ID Number (TIN) is Required for VA-FSC.

Step 6: Remittance Address Details are Required to Transact to VA-FSC. Please use:

Department of Veterans Affairs

FMS-VA-2(101)

Financial Services Center PO Box 149971 Austin TX 78714-9971

Step 8: The Department of Veterans Affairs Tungsten Number is: AAA544240062

The current account and transaction fees associated with the Tungsten services are paid by the VA-FSC.

Free transaction code (s) are not required.

2. A system that conforms to the X12 electronic data interchange (EDI) format established by the Accredited Standards Center. For FSC e-Invoicing information, please call 1-877-353-9791 or email vafsccshd@va.gov.

FSC and VA’s Office of Acquisition, Logistics and Construction (OALC) will assist existing commercial vendors in migrating to the electronic process. Until the transition to electronic format is complete, FSC will continue to process paper invoices for commercial vendors.

The FSC’s electronic invoicing system provides a variety of flexible solutions for all vendor types, including small businesses and does not require any vendor transaction fees. More information on the FSC electronic invoicing process can be found at http://www.fsc.va.gov/einvoice.asp.

SECTION C - CONTRACT CLAUSES

C.1 ADDENDUM to FAR 52.212-4 CONTRACT TERMS AND CONDITIONS—COMMERCIAL ITEMS 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:

FAR 52.233-1, Disputes Alternate I (May 2014) FAR 52.232-39, Unenforceability of Unauthorized Obligations

(End of Addendum)

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

This contract incorporates one or more clauses by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. Also, the full text of a clause may be accessed electronically at this/these address(es):

https://www.acquisition.gov/ https://www.va.gov/oal/library/vaar/ (End of Clause)

C.3 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 of the contract expiration date.

(End of Clause)

C.4 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 of the contract expiration date; 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.5 52.223-2 AFFIRMATIVE PROCUREMENT OF BIOBASED PRODUCTS UNDER SERVICE AND CONSTRUCTION CONTRACTS (SEP 2013)

(a) In the performance of this contract, the contractor shall make maximum use of biobased products that are United States Department of Agriculture (USDA)-designated items unless—

(1) The product cannot be acquired—

(i) Competitively within a time frame providing for compliance with the contract performance schedule;

(ii) Meeting contract performance requirements; or

(iii) At a reasonable price.

(2) The product is to be used in an application covered by a USDA categorical exemption (see 7 CFR 3201.3(e)). For example, all USDA-designated items are exempt from the preferred procurement requirement for the following:

(i) Spacecraft system and launch support equipment.

(ii) Military equipment, i.e., a product or system designed or procured for combat or combat-related missions.

(b) Information about this requirement and these products is available at http://www.biopreferred.gov.

(c) In the performance of this contract, the Contractor shall—

(1) Report to http://www.sam.gov, with a copy to the Contracting Officer, on the product types and dollar value of any USDA-designated biobased products purchased by the Contractor during the previous Government fiscal year, between October 1 and September 30; and

(2) Submit this report no later than—

(i) October 31 of each year during contract performance; and

(ii) At the end of contract performance.

(End of Clause)

C.6 52.223-5 POLLUTION PREVENTION AND RIGHT-TO-KNOW INFORMATION (MAY 2011)

(a) Definitions. As used in this clause— "Toxic chemical" means a chemical or chemical category listed in 40 CFR 372.65.

(b) Federal facilities are required to comply with the provisions of the Emergency Planning and Community Right-to-Know Act of 1986 (EPCRA) (42 U.S.C. 11001-11050), and the Pollution Prevention Act of 1990 (PPA) (42 U.S.C. 13101-13109).

(c) The Contractor shall provide all information needed by the Federal facility to comply with the following:

(1) The emergency planning reporting requirements of Section 302 of EPCRA.

(2) The emergency notice requirements of Section 304 of EPCRA.

(3) The list of Material Safety Data Sheets, required by Section 311 of EPCRA.

(4) The emergency and hazardous chemical inventory forms of Section 312 of EPCRA.

(5) The toxic chemical release inventory of Section 313 of EPCRA, which includes the reduction and recycling information required by Section 6607 of PPA.

(6) The toxic chemical and hazardous substance release and use reduction goals of section 2(e) of Executive Order 13423 and of Executive Order 13514.

(End of Clause)

C.7 VAAR 852.203-70 COMMERCIAL ADVERTISING (MAY 2018)

The Contractor shall not make reference in its commercial advertising to Department of Veterans Affairs contracts in a manner that states or implies the Department of Veterans Affairs approves or endorses the Contractor’s products or services or considers the Contractor’s products or services superior to other products or services.

(End of Clause)

C.8 VAAR 852.219-10 VA NOTICE OF TOTAL SERVICE-DISABLED VETERAN-OWNED SMALL BUSINESS SET-ASIDE (JUL 2016) (DEVIATION)

(a) Definition. For the Department of Veterans Affairs, “Service-disabled veteran-owned small business concern or SDVSOB”:

(1) Means a small business concern:

(i) Not less than 51 percent of which is owned by one or more service-disabled veterans or, in the case of any publicly owned business, not less than 51 percent of the stock of which is owned by one or more service-disabled veterans or eligible surviving spouses (see VAAR 802.201 Surviving Spouse definition);

(ii) The management and daily business operations of which are controlled by one or more service-disabled veterans (or eligible surviving spouses) or, in the case of a service-disabled veteran with permanent and severe disability, the spouse or permanent caregiver of such veteran;

(iii) The business meets Federal small business size standards for the applicable North American Industry Classification System (NAICS) code identified in the solicitation document;

(iv) The business has been verified for ownership and control pursuant to 38 CFR 74 and is so listed in the Vendor Information Pages database, (https://www.vip.vetbiz.gov); and

(v) The business will comply with subcontracting limitations in 13 CFR 125.6, as applicable

(2) “Service-disabled veteran” means a veteran, as defined in 38 U.S.C. 101(2), with a disability that is service-connected, as defined in 38 U.S.C. 101(16).

(b) General.

(1) Offers are solicited only from verified service-disabled veteran-owned small business concerns. Offers received from concerns that are not verified service-disabled veteran-owned small business concerns shall not be considered.

(2) Any award resulting from this solicitation shall be made to a verified service-disabled veteran-owned small business concern.

(c) Agreement. A service-disabled veteran-owned small business concern agrees that in the performance of the contract, the concern will comply with the limitation on subcontracting requirements in 13 CFR §125.6.

(d) A joint venture may be considered a service-disabled veteran owned small business concern if the joint venture complies with the requirements in 13 CFR 125.15, provided that any reference therein to SDVO SBC is to be construed to apply to a VA verified SDVOSB as appropriate.

(e) Any service-disabled veteran-owned small business concern (non-manufacturer) must meet the requirements in FAR 19.102(f) of the Federal Acquisition Regulation to receive a benefit under this program.

(End of Clause)

C.9 VAAR 852.219-74 LIMITATIONS ON SUBCONTRACTING—MONITORING AND COMPLIANCE (JUL 2018)

(a) This solicitation includes 52.219-27 Notice of Service-Disabled Veteran-Owned Small Business Set-Aside.

(b) Accordingly, any contract resulting from this solicitation is subject to the limitation on subcontracting requirements in 13 CFR 125.6, or the limitations on subcontracting requirements in the FAR clause, as applicable. The Contractor is advised that in performing contract administration functions, the Contracting Officer may use the services of a support contractor(s) retained by VA to assist in assessing the Contractor's compliance with the limitations on subcontracting or percentage of work performance requirements specified in the clause. To that end, the support contractor(s) may require access to Contractor's offices where the Contractor's business records or other proprietary data are retained and to review such business records regarding the Contractor's compliance with this requirement.

(c) All support contractors conducting this review on behalf of VA will be required to sign an “Information Protection and Non-Disclosure and Disclosure of Conflicts of Interest Agreement” to ensure the Contractor's business records or other proprietary data reviewed or obtained in the course of assisting the Contracting Officer in assessing the Contractor for compliance are protected to ensure information or data is not improperly disclosed or other impropriety occurs.

(d) Furthermore, if VA determines any services the support contractor(s) will perform in assessing compliance are advisory and assistance services as defined in FAR 2.101, Definitions, the support contractor(s) must also enter into an agreement with the Contractor to protect proprietary information as required by FAR 9.505-4, Obtaining access to proprietary information, paragraph (b). The Contractor is required to cooperate fully and make available any records as may be required to enable the Contracting Officer to assess the Contractor's compliance with the limitations on subcontracting or percentage of work performance requirement.

(End of Clause)

C.10 VAAR 852.237-70 CONTRACTOR RESPONSIBILITIES (APR 1984)

The contractor shall obtain all necessary licenses and/or permits required to perform this work. He/she shall take all reasonable precautions necessary to protect persons and property from injury or damage during the performance of this contract. He/she shall be responsible for any injury to himself/herself, his/her employees, as well as for any damage to personal or public property that occurs during the performance of this contract that is caused by his/her employees’ fault or negligence and shall maintain personal liability and property damage insurance having coverage for a limit as required by the laws of the State of Idaho. Further, it is agreed that any negligence of the Government, its officers, agents, servants and employees, shall not be the responsibility of the contractor hereunder with the regard to any claims, loss, damage, injury, and liability resulting there from.

(End of Clause)

C.11 VAAR 852.232-72 ELECTRONIC SUBMISSION OF PAYMENT REQUESTS (NOV 2018)

(a) Definitions. As used in this clause—

(1) Contract financing payment has the meaning given in FAR 32.001;

(2) Designated agency office means the office designated by the purchase order, agreement, or contract to first receive and review invoices. This office can be contractually designated as the receiving entity. This office may be different from the office issuing the payment;

(3) Electronic form means an automated system transmitting information electronically according to the accepted electronic data transmission methods and formats identified in paragraph (c) of this clause. Facsimile, email, and scanned documents are not acceptable electronic forms for submission of payment requests;

(4) Invoice payment has the meaning given in FAR 32.001; and

(5) Payment request means any request for contract financing payment or invoice payment submitted by the contractor under this contract.

(b) Electronic payment requests. Except as provided in paragraph (e) of this clause, the contractor shall submit payment requests in electronic form. Purchases paid with a Government-wide commercial purchase card are considered to be an electronic transaction for purposes of this rule, and therefore no additional electronic invoice submission is required.

(c) Data transmission. A contractor must ensure that the data transmission method and format are through one of the following:

(1) VA’s Electronic Invoice Presentment and Payment System at the current website address provided in the contract.

(2) Any system that conforms to the X12 electronic data interchange (EDI) formats established by the Accredited Standards Center (ASC) and chartered by the American National Standards Institute (ANSI).

(d) Invoice requirements. Invoices shall comply with FAR 32.905.

(e) Exceptions. If, based on one of the circumstances in this paragraph (e), the Contracting Officer directs that payment requests be made by mail, the Contractor shall submit payment requests by mail through the United States Postal Service to the designated agency office. Submission of payment requests by mail may be required for—

(1) Awards made to foreign vendors for work performed outside the United States;

(2) Classified contracts or purchases when electronic submission and processing of payment requests could compromise the safeguarding of classified or privacy information;

(3) Contracts awarded by contracting officers in the conduct of emergency operations, such as responses to national emergencies;

(4) Solicitations or contracts in which the designated agency office is a VA entity other than the VA Financial Services Center in Austin, Texas; or

(5) Solicitations or contracts in which the VA designated agency office does not have…