36C26119Q0715-001.docx

36C26119Q0715

PAGE 1 OF

1. REQUISITION NO.

2. CONTRACT NO.

3. AWARD/EFFECTIVE DATE

4. ORDER NO.

5. SOLICITATION NUMBER

6. SOLICITATION ISSUE DATE

a. NAME

b. TELEPHONE NO. (No Collect Calls)

8. OFFER DUE DATE/LOCAL

TIME

9. ISSUED BY

CODE

10. THIS ACQUISITION IS

UNRESTRICTED OR

SET ASIDE:

% FOR:

SMALL BUSINESS

HUBZONE SMALL

BUSINESS

SERVICE-DISABLED

VETERAN-OWNED

SMALL BUSINESS

WOMEN-OWNED SMALL BUSINESS

(WOSB) ELIGIBLE UNDER THE WOMEN-OWNED

SMALL BUSINESS PROGRAM

EDWOSB

8(A)

NAICS:

SIZE STANDARD:

11. DELIVERY FOR FOB DESTINA-

TION UNLESS BLOCK IS

MARKED

SEE SCHEDULE

12. DISCOUNT TERMS

13a. THIS CONTRACT IS A

RATED ORDER UNDER

DPAS (15 CFR 700)

13b. RATING

14. METHOD OF SOLICITATION

RFQ

IFB

RFP

15. DELIVER TO

CODE

16. ADMINISTERED BY

CODE

17a. CONTRACTOR/OFFEROR

CODE

FACILITY CODE

18a. PAYMENT WILL BE MADE BY

CODE

TELEPHONE NO.

DUNS:

DUNS+4:

PHONE:

FAX:

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

SEE ADDENDUM

19.

20.

21.

22.

23.

24.

ITEM NO.

SCHEDULE OF SUPPLIES/SERVICES

QUANTITY

UNIT

UNIT PRICE

AMOUNT

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

25. ACCOUNTING AND APPROPRIATION DATA

26. TOTAL AWARD AMOUNT (For Govt. Use Only) 27a. SOLICITATION INCORPORATES BY REFERENCE FAR 52.212-1, 52.212-4. FAR 52.212-3 AND 52.212-5 ARE ATTACHED. ADDENDA

ARE

ARE NOT ATTACHED.

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

ARE

ARE NOT ATTACHED

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

29. AWARD OF CONTRACT: REF. ___________________________________ OFFER

COPIES TO ISSUING OFFICE. CONTRACTOR AGREES TO FURNISH AND

DATED ________________________________. YOUR OFFER ON SOLICITATION

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

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

ADDITIONAL SHEETS SUBJECT TO THE TERMS AND CONDITIONS SPECIFIED

SET FORTH HEREIN IS ACCEPTED AS TO ITEMS:

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

AUTHORIZED FOR LOCAL REPRODUCTION

(REV. 2/2012)

PREVIOUS EDITION IS NOT USABLE

Prescribed by GSA - FAR (48 CFR) 53.212

7. FOR SOLICITATION

INFORMATION CALL:

STANDARD FORM 1449

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

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS

612-19-2-6149-0049 36C26119Q0715 06-11-2019 Angela.Gerlitzki@va.gov 808-539-1307 06-30-2019

1500 HST

Department of Veterans Affairs VA Sierra Pacific Network (VISN 21) VA Pacific Islands Health Care System 459 Patterson Rd Honolulu HI 96819-1522 X 562112 $38.5 Million X N/A X "See Delivery Schedule"

Department of Veterans Affairs VA Sierra Pacific Network (VISN 21) VA Pacific Islands Health Care System 459 Patterson Rd Honolulu HI 96819-1522

Department of Veterans Affairs FMS VA-9(101) Financial Services Center PO Box 149971 Austin TX 78714-9971 See CONTINUATION Page The contractor shall provide Biohazardous Waste Removal Services for the VA Northern California Health Care System (VANCHCS) in accordance with the Performance Work (PWS).

Quote instructions are provided in provision 52.212-1.

Evaluation factors are provided in provision 52.212-2.

SITE VISIT is available upon request see 52.237.1 The Government intends to award a single Indefinite Delivery Indefinite Quantity (IDIQ) contract. The guaranteed minimum for the entire contract is $1,000.00.

$0.00 See CONTINUATION Page Mark Bultman Contracting Officer Table of Contents

SECTION B - CONTINUATION OF SF 1449 BLOCKS

B.1 CONTRACT ADMINISTRATION DATA

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

a. CONTRACTOR:

b. GOVERNMENT: Contracting Officer 36C261 Angela Gerlitzki, Contract Specialist Department of Veterans Affairs VA Sierra Pacific Network (VISN 21) VA Pacific Islands Health Care System 459 Patterson Rd Honolulu HI 96819-1522

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

3. INVOICES: Invoices shall be submitted in arrears:

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

Department of Veterans Affairs FMS VA-9(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:

Minimum Guarantee: $1,000.00 Maximum Contract Value: $1.5 Million

B.2 PRICE SCHEDULE

Base Period: August 1, 2019 to July 31, 2020

Mather, CA. 95655

Oakland, CA 94612

(if Needed) Size: 7ft. X 7ft. X 7ft.

Redding, CA 96002

Chico, CA 95928

McClellan, CA. 95652

Travis AFB, CA. 94535

425 Plumas Blvd

Yuba City, CA. 95991

201 Walnut Ave.

Vallejo AFB, CA. 94592

Oakland, CA. 94612

Period One (1): August 1, 2020 to July 31, 2021

Mather, CA. 95655

Oakland, CA 94612

(if Needed) Size: 7ft. X 7ft. X 7ft.

Redding, CA 96002

Chico, CA 95928

McClellan, CA. 95652

Travis AFB, CA. 94535

425 Plumas Blvd

Yuba City, CA. 95991

201 Walnut Ave.

Vallejo AFB, CA. 94592

Oakland, CA. 94612

Period Two (2): August 1, 2021 to July 31, 2022

Mather, CA. 95655

Oakland, CA 94612

(if Needed) Size: 7ft. X 7ft. X 7ft.

Redding, CA 96002

Chico, CA 95928

McClellan, CA. 95652

Travis AFB, CA. 94535

425 Plumas Blvd

Yuba City, CA. 95991

201 Walnut Ave.

Vallejo AFB, CA. 94592

Oakland, CA. 94612

Period Three (3): August 1, 2022 to July 31, 2023

Mather, CA. 95655

Oakland, CA 94612

(if Needed) Size: 7ft. X 7ft. X 7ft.

Redding, CA 96002

Chico, CA 95928

McClellan, CA. 95652

Travis AFB, CA. 94535

425 Plumas Blvd

Yuba City, CA. 95991

201 Walnut Ave.

Vallejo AFB, CA. 94592

Oakland, CA. 94612

Period Four (4): August 1, 2023 to July 31, 2024

Mather, CA. 95655

Oakland, CA 94612

(if Needed) Size: 7ft. X 7ft. X 7ft.

Redding, CA 96002

Chico, CA 95928

McClellan, CA. 95652

Travis AFB, CA. 94535

425 Plumas Blvd

Yuba City, CA. 95991

201 Walnut Ave.

Vallejo AFB, CA. 94592

Oakland, CA. 94612

B.3 PERFORMANCE WORK STATEMENT

Biohazardous Waste Removal Services for the VA Northern California Health Care System (VANCHCS)

CONTRACT REQUIREMENTS

D.1 GENERAL REQUIREMENTS

D.1.1. The Contractor shall furnish all labor, equipment, containers that are appropriately sanitized, disinfected and labeled (except for Government-furnished “Sharps” containers used inside patient care areas), supplies, materials, labels, shipping containers and boxes, plastic bags, transportation and supervision required to provide pick-up, transport, treatment of biohazardous waste from various Department of Veterans Affairs (henceforth referred to as “VA”) medical facilities.

D.1.2. The Contractor shall treat and/or dispose of biohazardous medical waste in accordance with all applicable State and Federal regulations, and VA requirements. Contractor shall maintain all necessary permits and licenses for the transportation, disposal and treatment of such waste as required by the California Department of Public Health, US Department of Transportation, and be a registered hazardous waste transporter with a current registration certificate issued by the State of California and have all required insurances prior to the transport and/or disposal of subject waste. If contractor requires additional information, they may contact the California Department of Public Health, Medical Waste Program.

D.1.3. A copy of all required licenses, permits, proof-of-insurances, and a detailed list of all environmental regulatory agency violations for the past 3 years shall be provided to Contracting Officer upon contract award, and annually thereafter to the Contracting Officer’s Representative (COR).

D.1.4. Period of Performance:

This contract will be an Indefinite Delivery Indefinite Quantity (IDIQ) contract. The ordering period for the IDIQ contract will be five years from the date of award.

D.2. DEFINITIONS

D.2.1 BIOHAZARDOUS WASTE: Waste generated from the diagnosis, treatment, or immunization of human beings or animals, or research pertaining to these activities. It also includes but is not limited to waste that is infectious or contagious, human or animal surgery specimens, fluids or tissues, waste with recognizable blood contamination, materials isolated by infection control staff, waste chemotherapy materials, pathological waste, sharps waste, and pharmaceutical waste. There are five (5) wastestreams.

D.2.1.1 CHEMOTHERAPY WASTE: Discarded items which have been contaminated by chemotherapeutic agents and are empty (i.e. remaining contents are not pourable). It includes bags, containers, vials, syringes, gauze, gloves, etc. This wastestream must be incinerated.

D.2.1.2 MEDICAL WASTE: Waste generated in the process of diagnosis, treatment and/or immunization of humans or animals. It is the highest volume of all of the wastestreams. It includes trauma-scene waste.

D.2.1.3 PATHOLOGICAL WASTE: Human samples that have been fixed in formaldehyde or other fixatives, and recognizable human anatomical parts. This wastestream must be incinerated.

D.2.1.4 PHARMACEUTICAL WASTE: Any prescription or over the counter human or veterinary drug that is expired, unusable or cannot be returned to the supplier, and is NOT pharmaceutical waste regulated under the federal Resource and Conservation and Recovery Act (RCRA), the Radiation Control Act, or Controlled Substance Act (CSA). This wastestream must be incinerated.

D.2.1.5 SHARPS WASTE: Any device with potential biohazardous contamination having acute rigid corners, edges, or protuberances capable of cutting or piercing including; syringes, needles, needles with attached tubing, acupuncture needles, blades, and root canal files. Also includes broken glass items, such as pipettes, and blood vials contaminated with biohazardous waste. This wastestream must be incinerated or autoclaved.

D.2.2 TRANSFERRING: Section 118035 of the California Health and Safety Code requires that all biohazardous waste be transported by a single registered hazardous waste hauler directly to a permitted medical waste treatment facility. Medical waste shall not be unloaded, reloaded, or transferred to another vehicle at any location, except at a permitted medical waste transfer station or in the case of a vehicle breakdown or other emergency.

D.2.3 CALIFORNIA MEDICAL WASTE MANAGEMENT ACT (CMWMA): Formally known as California Administrative Code, Title 17, Health & Safety Code, Sections 117600 – 118360. This is the primary set of regulations governing the storage, transportation, treatment and disposal of biohazardous waste. The contractor will comply with all applicable provisions of this regulation.

D.2.4 CALIFORNIA DEPARTMENT OF PUBLIC HEALTH (CDPH): The Medical Waste Management Program Unit of this agency has primary responsibility for the regulations regarding biohazardous waste. Local agencies have been empowered by CDPH to issue permits, conduct inspections, and enforce the regulations.

D.2.5. HAZARDOUS MATERIAL: “Hazardous material” means any substance or mixture of substance which is toxic corrosive, flammable, an irritant, a strong sensitizer or which generates pressure through decomposition, heat or other means, if such a substance or mixture of substances may cause substantial injury, serious illness or harm to human, domestic livestock or wildlife. Hazardous material includes extremely hazardous material.

D.2.6 HAZARDOUS WASTE: “Hazardous waste” means any waste material or mixture of wastes which is regulated under the Federal Resource and Conservation and Recovery Act (RCRA).

D.2.7 US DEPARTMENT OF TRANSPORTATION (US DOT): The US Department Of Transportation is responsible for regulating the shipping containers and labeling of waste, placarding of shipping vehicles, and the transportation of waste.

D.3 TRANSPORTATION: Biohazardous waste shall be transported in accordance with California Administrative Code, Title 17, Health & Safety Code, Chapter 8, and is permitted by the California Department of Public Health.

D.3.1 VEHICLE REGISTRATION: The contractor shall be a registered hazardous waste transporter with a current registration certificate issued by the State of California. A current copy shall be maintained in every vehicle at all times and shall be made immediately available to the COR for review upon request.

Vehicles will be placarded in accordance with US Department of Transportation regulatory requirements.

D.3.2 US DOT PRE-TRANSPORTATION FUNCTION:

The contractor is responsible for performing the specific requirements under “Pre-Transportation Function” found in 49 CFR 171.8 as required to assure the safe transportation of a hazardous material. This includes proper shipping documents, packaging, labeling, placarding, inspection and other requirements.

D.3.3 DOT SHIPPING CONTAINERS: Shipping containers shall meet US DOT requirements. They shall be cleaned and disinfected before being brought to any site in accordance with CMWMA requirements. This includes the lids. All labels required by the CMWMA will be provided by the contractor. Labels for “PATH”, “WASTE CHEMO”, “SHARPS”, and “WASTE PHARM” will be provided to the sites so that shipping containers holding these wastestreams can be properly labeled, as required by the CMWMA, during storage. Contractor furnished shipping containers shall be kept neat, in a clean and sanitary appearance, and repaired or replaced as necessary. The area where unused shipping containers are placed shall be maintained in a clean, orderly, and sanitary condition.

D.3.4 SPILL CLEAN-UP: Particular attention shall be paid to the prompt clean-up of spills, either generated from the vehicles used to haul waste containers or because of container leakage. Issues associated with site storage lockers shall be brought to the immediate attention of the COR.

D.3.5 LIST OF SITES AND WASTE STREAMS: The comprehensive list of wastestreams, pick-up locations, frequency of pick-ups, and minimum stock levels of shipping containers for each site is maintained by the COR. It is subject to being updated, as needed, by the COR.

D.4 TREATMENT AND DISPOSAL: Contractor shall employ the best environmentally sound methods of treating and destruction of wastes such as incineration and sterilization or any other acceptable methods, in accordance with U.S. EPA and California Department of Public Health standards and regulations. Disposal shall also be performed in such a manner as not to create conditions detrimental to public health or to constitute a public nuisance. Biohazardous waste shall be treated by one of the following methods, in accordance with California Administrative Code, Title 17, Health & Safety Code, Chapter 8, and is permitted by the California Department of Public Health Acceptable treatment methods include:

· Steam sterilization at a permitted facility,

· Incineration at a permitted facility, or

· Treatment with an alternative technology at a permitted facility, D.4.1 ALLOWABLE TREATMENT METHODS:

· Medical Waste: Any of the above methods.

· Sharps Waste: Any of the above methods.

· Chemotherapy Waste: Incineration or a CDPH approved/permitted alternative technology.

· Pathological Waste: Incineration or a CDPH approved/permitted alternative technology.

· Pharmaceutical Waste: Incineration or a CDPH approved/permitted alternative technology.

D.4.2 CDPH PERMITTED FACILITIES: The contractor shall use only Transfer Stations and Treatment/Disposal Facilities permitted by CDPH and approved by the COR for this contract. The contractor shall submit to the COR the names and copies of required certifications and licenses of proposed facilities prior to using any facilities on this contract. The COR shall be final approval authority to use any proposed facilities. The contractor shall provide the COR updated facility or permit information upon renewal or expiration of any permit. Additionally, the contractor shall provide upon request from the COR a summary of all regulatory violations for the prior 3 years.

D.5. QUALITY ASSURANCE

D.5.1 For the tasks listed in the Performance Requirement Table (PRT) below, the COR will follow the methods of surveillance specified in this contract.

D.5.2 When a required service in the PRT indicates defective performance, the COR will require the contract manager or representative at the site to document the observation and forward to the Contracting Officer to maintain in the file. The documentation of the observation does not necessarily constitute concurrence with the observation, only acknowledgment that he or she has been made aware of the defective performance. Government surveillance of tasks not listed in the PRT or by methods other than those listed in the PRT (such as provided for by the Inspection of Services clause) may occur during the performance period of this contract. Such surveillance will be done according to standard inspection procedures or other contract provisions. Any action taken by the contracting officer as a result of surveillance will be in accordance with the terms of this contract.

D.5.3 Performance Requirements Table – Quality Assurance Surveillance Plan:

Requirement (PR)

Option Year Renewal

Providing Adequate Shipping Containers and Labels As Required In Sections D.3.3, D.3.5, and D.6.

Schedules adhered to.

See Schedule B, Line Item Pick Up and Pricing Schedule

Properly classify, label, and identify waste that is collected and shipped on manifest

No more than one non-performance per quarter.

Customer Complaints, and random sampling

Yes

Respond to requests or questions within 48 hours

No more than one non-performance month

Customer Complaints

Yes

Licenses and permits up to date and submitted annually

100% Compliance

compliance

Yes

Training records up to date and submitted annually

100% Compliance

all training records

Yes

Submit timely invoices that include all necessary supporting documents

100% Compliance

all training records

Yes

D.6. SHIPPING CONTAINERS

D.6.1. The Contractor shall provide, as part of the unit prices stated in Section B, shipping containers which are in good condition, clean, disinfected, have tight-fitting lids, durable, rigid, puncture-resistant, do not leak, and which are properly labeled, color-coded, clearly marked (or markable). Inspection for leaks and corrosion shall be performed routinely by the Contractor prior to furnishing containers to VANCHCS. Disposable containers shall be lined with red plastic bags that meet US DOT regulatory requirements. VA medical facility employees may distribute containers throughout the using facility and will return them to the waste storage pick-up area.

D.6.2. The contractor shall provide all regulatory-required labels for all shipping containers. Waste streams shall be properly labeled as required by CMWMA regulations.

D.7. DOCUMENTATION

D.7.1. The shipping document is required by CMWMA regulations and is used to track the waste from the point of generation to the designated disposal location. Upon request from the COR, a copy of the document and certificate-of-destruction shall be provided to the Contracting Officer or COR, confirming that the material has been properly handled and disposed. The Contractor shall provide a clearly readable copy of the shipping document for each pick-up.

D.7.2. At the time that the medical waste is picked up by the contractor, the transporter shall provide the medical waste generator with a copy of the tracking document for the generator’s medical waste records. The transporter and generator of medical waste shall maintain its copy of the tracking document for at least three years. The tracking document shall include, but not be limited to, all of the following information:

· The name, address, telephone number, and registration number of the transporter,

· The type and quantity of shipping containers of each type of biohazardous waste transported.

· The name, address, and telephone number of the generator site.

· The name, address, telephone number, permit number of the permitted facility receiving the waste.

· The date that the medical waste is collected or removed from the generator’s facility, the date that the medical waste is received by the transfer station, point of consolidation, if applicable, and the date that the waste is received by the treatment facility.

· The final copy of the biohazardous waste shipping document that has been signed by the disposal site must be sent to the Site Manager for each pick-up location.

D.7.2. REPORTS: The Contractor shall also provide, in accordance with applicable regulation, a detailed activity statement which shows in columnar form information including, but not limited to, the service date, pick-up location, container/tub number, weight (in pounds) of each container, type of wastestream, disposal method, disposal location, and other important data, as requested by the COR. The report shall have the capability to segregate data by site and type of waste. This report shall be provided monthly and for each fiscal year. The format of the report shall be approved by the COR and is subject to changes as requested by the COR.

Safety Officer’s name, telephone number and address will be provided to Contractor at the time of award.

D.7.3. WEIGHING SYSTEM: The Contractor shall 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 recorded. Scales shall be calibrated by a third-party vendor and proof of calibration will be provided to the COR upon request.

D.8. SERVICE LOCATION / FREQUENCY OF PICKUPS FOR VANCHCS:

D.8.1 The following are the sites to be serviced and minimum pick-up frequency. Other locations may be added as needed by the COR. Pick-up frequencies are subject to change by the COR.

Daily Pickup (M-Sat) Weekly Pickup

Monthly Pickup Weekly Pickup Yuba City VA OPC Chico VA OPC / Annex 425 Plumas St. 280 Cohasset Rd.

Yuba City, CA 95991 Chico, CA 95926 Address Change in August to 1601 Concord Avenue, Chico, CA 95928

Weekly Pickup Weekly Pickup Redding VA OPC Mare Island OPC 351 Hartnell Ave. 201 Walnut Ave.

Redding, CA 96002 Mare Island, CA 94592

Weekly Pickup Weekly Pickup Oakland Mental Health Oakland VA OPC 525 21st Street 2221 MLK Way Oakland, CA 94612 Oakland, CA 94612

Twice Per Week Pickup (M & TH) Weekly Pickup Martinez VA OPC / CLC Fairfield VA OPC 150 Muir Rd. 103 Bodin Circle Bldg. #778 Martinez, CA 94553 Travis AFB, CA 94535

Weekly Pickup Monthly Pickup Redding VA OPC Redding Dental/Rehab Clinic 351 Hartnell Ave. 760 West Cypress Ave, Ste 100. Redding, CA 96002 Redding, CA 96001

Note: future sites within the health care system may be added through a contract modification, and any additional sites within the health care system will be considered in-scope.

D.9 SAFETY TRAINING

D.9.1. Contractor to provide training as required by all applicable regulations to its’ employees. Copies of training records and training materials shall be provided to the VANCHCS COR upon request.

D.9.2. Contractor shall comply with all applicable California Division of Occupational Safety and Health Agency regulations on workers’ safety standards and related training. All Contractor 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. Certification of such training must be provided within fifteen days of receiving notice of award of the contract. It shall include a list of all safety and environmental training courses provided to all personnel that handle biohazardous waste, a detailed summary of what is covered in each course, and the frequency of training. Certification for any new employees shall be provided to the VANCHCS COR upon request.

D.10. INTERFERENCE TO NORMAL FUNCTION

Contractor personnel are required to interrupt their work at any time to avoid interference with patient care procedures and the normal function of the facility, including utility services, fire protection systems, and passage of facility patients, personnel, equipment, and carts. Vehicles shall not obstruct the flow of other vehicles.

D.11. MODIFICATION

Any modification to the contract shall be in writing. The modification will be prepared by the VA Contracting Officer prior to becoming effective.

D.12. GOVERNMENT HOLIDAYS:

3rd Monday in February

Memorial Day

Last Monday in May

Independence Day

July 4

Labor Day

1st Monday in September

Columbus Day

2nd Monday in October

Veterans Day

November 11

Thanksgiving Day

4th Thursday in November

Christmas Day

December 25

Any other day designated by the President as a national holiday. When one of the holidays falls on a Sunday the following Monday will be observed as a legal holiday. When holiday falls on a Saturday, the preceding Friday is observed as a legal holiday by US Government agencies.

D.13. SERVICE HOURS

Contract services shall take place from 6:00 a.m. to 10:00 a.m. Should the day for pick-up fall on a holiday, pick-up is to take place on the next regularly scheduled work day.

D.14. INVOICE/PAYMENT

Invoicing: All invoices from the contractor shall be submitted electronically in accordance with VAAR Clause 852.232-72 Electronic Submission of Payment Requests.

VA’s Electronic Invoice Presentment and Payment System – The FSC uses a third-party contractor, Tungsten, to transition vendors from paper to electronic invoice submission. Please go to this website: http://www.tungsten-network.com/US/en/veterans-affairs/ to begin submitting electronic invoices, free of charge.

More information on the VA Financial Services Center is available at http://www.fsc.va.gov/einvoice.asp.

Vendor e-Invoice Set-Up Information:

Please contact Tungsten at the phone number or email address listed below to begin submitting your electronic invoices to the VA Financial Services Center for payment processing, free of charge. If you have question about the e-invoicing program or Tungsten, please contact the FSC at the phone number or email address listed below:

· Tungsten e-Invoice Setup Information: 1-877-489-6135

· Tungsten e-Invoice email: VA.Registration@Tungsten-Network.com

· FSC e-Invoice Contact Information: 1-877-353-9791

· FSC e-invoice email: vafsccshd@va.gov D.15. Safety Requirements:

The contractor shall exercise safety precautions, as deemed necessary by the Contracting Officer or his/her designee during the performance of the contract, in order to protect lives and health. The Contracting Officer/designee will notify the Contractor of any noncompliance with the foregoing provisions and advise the contractor of the action to be taken. After receipt of such notice, the Contractor shall immediately initiate corrective action. If the Contractor fails or refuses to comply promptly, the Contracting Officer may issue a stop-work order for all or any part of the work and hold the Contractor in default as provided elsewhere in this contract.

D.16. DESIGNATION OF CONTRACTING OFFICER’S REPRESENTATIVE (COR)

A Representative 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.

D.17 RECORDS MANAGEMENT LANGUAGE

Records Management Language for Contracts Required The following standard items relate to records generated in executing the contract and should be included in a typical Electronic Information Systems (EIS) procurement contract:

1. Citations to pertinent laws, codes and regulations such as 44 U.S.C chapters 21, 29, 31 and 33; Freedom of Information Act (5 U.S.C. 552); Privacy Act (5 U.S.C. 552a); 36 CFR Part 1222 and Part 1228.

2. Contractor shall treat all deliverables under the contract as the property of the U.S. Government for which the Government Agency shall have unlimited rights to use, dispose of, or disclose such data contained therein as it determines to be in the public interest.

3. Contractor shall not create or maintain any records that are not specifically tied to or authorized by the contract using Government IT equipment and/or Government records.

4. Contractor shall not retain, use, sell, or disseminate copies of any deliverable that contains information covered by the Privacy Act of 1974 or that which is generally protected by the Freedom of Information Act.

5. Contractor shall not create or maintain any records containing any Government Agency records that are not specifically tied to or authorized by the contract.

6. The Government Agency owns the rights to all data/records produced as part of this contract.

7. The Government Agency owns the rights to all electronic information (electronic data, electronic information systems, electronic databases, etc.) and all supporting documentation created as part of this contract. Contractor must deliver sufficient technical documentation with all data deliverables to permit the agency to use the data.

8. Contractor agrees to comply with Federal and Agency records management policies, including those policies associated with the safeguarding of records covered by the Privacy Act of 1974. These policies include the preservation of all records created or received regardless of format [paper, electronic, etc.] or mode of transmission [e-mail, fax, etc.] or state of completion [draft, final, etc.].

9. No disposition of documents will be allowed without the prior written consent of the Contracting Officer. The Agency and its contractors are responsible for preventing the alienation or unauthorized destruction of records, including all forms of mutilation. Willful and unlawful destruction, damage or alienation of Federal records is subject to the fines and penalties imposed by 18 U.S.C. 2701. Records may not be removed from the legal custody of the Agency or destroyed without regard to the provisions of the agency records schedules.

36C26119Q0715

10. Contractor is required to obtain the Contracting Officer's approval prior to engaging in any contractual relationship (sub-contractor) in support of this contract requiring the disclosure of information, documentary material and/or records generated under, or relating to, this contract. The Contractor (and any sub-contractor) is required to abide by Government and Agency guidance for protecting sensitive and proprietary information.

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SECTION C - CONTRACT CLAUSES

C.1 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.