36C26120Q0158-001.docx

36C26120Q0158

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

612-20-1-6165-0013 36C26120Q0158 Jocelyn Layson-Castillo

(808) 539-1310 01-21-2020 Department of Veterans Affairs VA Sierra Pacific Network (VISN 21) VA Pacific Islands Health Care System 459 Patterson Rd Honolulu

HI

96819-1522 X X 562211 $41.5 Million 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

FMS VA-9(101) Financial Services Center PO Box 149971 Austin

TX

78714-9971 See CONTINUATION Page Requirement for Universal Waste Management Services.

Includes Storage, Transportation and Disposal/Recycling of Universal Waste. Sites include seven VANCHCS Medical Centers and Outpatient Clinics located in:

Mather, Redding, Chico, McClellan, Martinez, Mare Island, and Oakland.

Base Period of Performance: 02/01/2020 -- 01/31/2021 with four 1-year option periods.

Quote instructions are provided in provision 52.212-1 Evaluation criteria is provided in provision 52.212-2 Reference Wage Determination:

WD 1996-0223 Rev. 46 dated 07/16/2019 See CONTINUATION Page 612-3600162-6165-850300-2580 0100501X1 X X Daniel Szambelan 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

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:

B.2 VAAR 852.219-74 LIMITATIONS ON SUBCONTRACTING—MONITORING AND COMPLIANCE (JUL 2018)

(a) This solicitation includes VAAR 852.219-10 VA Notice of Total 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)

B.3 PRICE/COST SCHEDULE

ITEM INFORMATION

Service Contract for Universal Waste Removal and Disposal from the VA Northern California Health Care System (VANCHCS) Facilities in Accordance with this Statement of Work.

Contract Period: Base POP Begin: 02-01-2020 POP End: 01-31-2021

Service Contract for Universal Waste Removal and Disposal from the VA Northern California Health Care System (VANCHCS) Facilities in Accordance with this Statement of Work.

Contract Period: Option 1 POP Begin: 02-01-2021 POP End: 01-31-2022

Service Contract for Universal Waste Removal and Disposal from the VA Northern California Health Care System (VANCHCS) Facilities in Accordance with this Statement of Work.

Contract Period: Option 2 POP Begin: 02-01-2022 POP End: 01-31-2023

Service Contract for Universal Waste Removal and Disposal from the VA Northern California Health Care System (VANCHCS) Facilities in Accordance with this Statement of Work.

Contract Period: Option 3 POP Begin: 02-01-2023 POP End: 01-31-2024

Service Contract for Universal Waste Removal and Disposal from the VA Northern California Health Care System (VANCHCS) Facilities in Accordance with this Statement of Work.

Contract Period: Option 4 POP Begin: 02-01-2024 POP End: 01-31-2025

Page 1 of Page 1 of

B.3 STATEMENT OF WORK

A. GENERAL INFORMATION

1. Title of Project: Universal Waste Pick-Up and Disposal

2. Scope of Work: The contractor shall provide all resources necessary to accomplish the deliverables described in this Statement of Work (SOW), except as may otherwise be specified.

The purpose of this term contract is to establish Universal Waste pick-up and disposal for the Department of Veterans Affairs - Northern California Health Care System (VANCHCS) facilities as mandated by the Resource Recovery Act and the California Environmental Protection Agency. This contract is for the convenience of VANCHCS. Prior authorization is required from the Contracting Officer (CO) or Designee before any work is to be initiated under this contract. Universal waste management services shall include; storage, transportation and disposal/recycling of universal waste. Sites included under this contract will be at nine VANCHCS Medical Centers and Outpatient Clinics (OPC) located in: Mather, Redding, Chico, Yuba City, Auburn, McClellan, Martinez, Mare Island, and Oakland.

3. Background: Universal waste includes those types of hazardous wastes that are more common and pose a lower risk to people and the environment than other hazardous wastes. Federal and State regulations identify universal wastes and provide rules for handling, recycling, and disposal. The regulations, called the “Universal Waste Rule,” are in the California Code of Regulations, Title 22, Division 4.5, Chapter 23 (hereafter referred to as “Title 22”). All waste defined as universal waste must be collected and recycled per this regulation.

4. Performance Period: Work is based on volume generated by the facility; volume will vary depending on the individual site and generation of universal waste. The work shall begin within 30 calendar days of award, unless otherwise specified. If any work is done at the government site, it shall not take place on Federal holidays or weekends unless directed by the Contracting Officer OR Contracting Officer’s Representative (COR).

5. VA observed Federal Holidays:

Any day designated by the President of the United States as a Federal Holiday.

When a holiday falls on a Sunday, the following Monday will be observed as a legal holiday. When a holiday falls on a Saturday, the preceding Friday is observed as a legal holiday.

B. CONTRACT AWARD MEETING

The contractor shall not commence performance on the tasks in this SOW until the Contracting Officer or designee has conducted a kick off meeting at the Mather site.

C. GENERAL REQUIREMENTS

1. For every task, the contractor shall identify in writing all necessary subtasks (if any), associated costs by task, and together with associated sub milestone dates. The contractor's subtask structure shall be reflected in the technical proposal and detailed work plan.

2. All written deliverables shall be phrased in layperson language. Statistical and other technical terminology shall not be used without providing a glossary of terms.

3. Where a written deliverable is required by the COR in draft form, the VA will complete their review of the draft deliverable within 10 calendar days from date of receipt. The contractor shall have 10 calendar days to deliver the final deliverable from date of receipt of the government’s comments.

4. Contractor will provide US DOT approved waste containers at to the government. Contractor will assist VANCHCS in the proper container selection, upon request from the COR. VANCHCS will strive to deliver to the Contractor universal waste in such a way that incompatibles are not stored together for disposal. However, it shall be the Contractor’s responsibility to inspect the waste to ensure proper segregation.

5. Contractor, if requested, will provide separation assistance if directed by the COR.

6. Contractor, upon request, will provide monthly or quarterly inspections of universal waste accumulation storage lockers or rooms. Inspections will include inspection of containers and preparing a written inventory of types and amounts of universal waste at specified sites. If requested, Contractor will provide a checklist to the COR.

7. Contractor will provide a properly completed Bill of Lading for each shipment of universal waste that is taken for shipment from any VANCHCS property. A scanned copy of the Bill of Lading will be emailed to the COR within 3 business days of the pick-up.

8. Contractor will comply with all applicable regulations including, but not limited to;

a. California Code of Regulations, Title 22, Division 4.5, chapter 23.

b. US DOT transportation regulations as listed in 49 CFR, Parts 100-180.

9. All hazardous materials (i.e. universal waste) shall be properly classified, described, packaged, marked, labeled, and in condition for shipment as required by Federal and State transportation regulations. The vehicle shall be properly licensed and placarded.

10. Contractor upon request will provide spill clean-up, containers, and disposal in accordance with Federal, State, and Local Regulations.

11. 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.

12. The primary contractor must demonstrate that the contract manager has at least 1 year of experience with universal waste management. Sub-Contractors have the same requirement. The names, telephone numbers and addresses of the contract manager and sub-contractor managers shall be provided. At least 5 verifiable references shall be provided the contractor and each sub-contractor. A resume must be provided along with copies of applicable training certificates. A summary of the contractor’s and sub-contractors’ Notices of Violations for universal waste or hazardous waste infractions from inspection agencies for the prior 3 years shall be submitted. That summary shall include the violations and corrective actions. The use of any sub-contractors must be pre-approved by the CO and the COR. This information must be provided to the COR as part of the bid proposal, and annually thereafter in the first month of each optional year.

13. Crew members must have at least 2 months of experience with universal waste packaging, handling and disposal. The names of the initial onsite crew members performing the site work shall be provided. Proof of current Hazardous Waste and Universal Waste Training, and a resume must be provided. This information must be provided to the COR as part of the bid proposal, and annually thereafter in the first month of each optional year.

14. The bid proposal must include the names and addresses of all sub-contractors, including the proposed Disposal Facilities. The use of any sub-contractors must be pre-approved by the CO and the COR. Each Disposal Facility must be within 150 miles of Mather, California, unless waived by the COR. The contractor shall submit the names and Environmental Protection Agency (EPA) ID numbers to the COR of all proposed Disposal Facilities prior to using any on this contract. The COR shall be the final approval authority to use any proposed Disposal Facility. The contractor shall provide the COR all requested information deemed necessary by the COR to evaluate a Disposal Facility. At a minimum, it will include a summary of the Disposal Facility’s capabilities, copies of their permits, contact information, and a summary of the Notices of Violations from inspection agencies for the prior 3 years. This information must be provided to the COR as part of the bid proposal, and annually thereafter in the first month of each optional year.

15. All vehicles used for the transportation of hazardous waste and materials shall be permitted and licensed in accordance with all applicable Federal and State regulations. Copies will be provided to the COR after the contract is awarded and annually thereafter.

16. The contractor shall comply with all applicable hazardous and universal waste regulations as it applies to work performed under this contract. If the contractor’s, including any of its subcontractors, failure to comply with any applicable regulation results in a Notice of Violation (NOV) to VANCHCS from a Federal, State, or Local regulatory agency the contractor shall be liable for all costs associated with the NOV. This includes any fines and other penalties assessed to VANCHCS, and clean-up costs that are required to be performed. A reduction in the payment of task orders may occur to off-set these costs. If this occurs, the contractor shall provide copies of related documentation to the COR within 5 days of the demand. The contractor shall not be held liable for any violations committed solely by VANCHCS. The intent of this clause is to help ensure that universal waste is properly packaged, labeled and transported to an approved Disposal Facility in a manner that meets the requirements of all applicable regulations.

D. SPECIFIC MANDATORY TASKS AND ASSOCIATED DELIVERABLES

Description of Tasks and Associated Deliverables: The contractor shall provide the specific deliverables described below within the performance period stated in Section A.4 of this SOW.

Task One: Contractor will pick-up universal waste at designated points of storage throughout each VANCHCS location as specified by the COR. Waste must be packaged in Department of Transportation (DOT) approved containers. Labeling shall comply with Title 22. In addition, waste must be packaged to prevent accidental leakage or spills. Contractor will work with the COR for scheduled, or as needed, pickups. Contractor will replace the containers removed from each collection point.

Estimated Annual Universal Waste From VANCHCS Sites (pounds)

(dry solid) Batteries (lead acid) Misc. Waste

Expected Pick-Up Frequencies By Site:

Addresses

525 21st St, Oakland, CA 94612

760 Cypress, Ste 100, Redding, CA 96002

Auburn, CA 95603

Task Two: After pick-up, the contractor will transport universal waste to a disposal site that is licensed in accordance with the requirements of the State of California and Title 22. The pick-up and disposal will occur during the same business day. The contractor shall use only Disposal Facilities approved for this contract by the COR.

Deliverable One: A detailed work plan and initial briefing. The Contractor shall provide a detailed work plan and briefing for the VA project team that presents the contractor's plan for completing the contract before work on this contract begins. The contractor's plan shall be responsive with this SOW and describe, in further detail, the approach to be used for each aspect of the contract as defined in the technical proposal. Contractor will have a method of tracking disposition of waste loads within 24 hours upon request from the COR. Contractor will provide certification of disposal for each container monthly to the COR. Contractor will provide waste spill clean-up at the storage locations, if requested by the COR, including broken fluorescent tubes.

Each of the sites will be included in the deliverable. At a minimum, it shall also include type of truck, type(s) of vehicle licenses, operator training, disposal site(s), and packaging protocol.

Deliverable Two: Contractor will provide the number and type of DOT approved collection containers at each site based upon instructions from the COR. Minimum inventory levels will be set by the COR for each site. Typical containers are 2-gallon and 5-gallon plastic buckets with sealable lids.

Deliverable Three: Contractor will provide an annual report of Universal Waste generated at each site with the data and format specified by the COR. Reports will be provided to the COR within 15 calendar days of the end of each Federal fiscal quarter. It shall be a spreadsheet that can be easily sorted and summed by site and waste type. The report shall be approved by the COR.

Deliverable Four: Contractor will provide a copy of the completed Bill of Lading for each shipment of waste leaving each VANCHCS property. Scanned copies will be emailed to the COR within 3 business days of each pick-up.

Deliverable Five: Contractor will provide documentation of proper disposal of all waste leaving any VANCHCS property. Acceptable documentation is a certificate-of-destruction or a Bill of Lading signed by the disposal facility.

E. EVALUATED OPTIONAL TASKS AND ASSOCIATED DELIVERABLES

1. Contractor will not be allowed to miss scheduled pick-ups without providing notice to the COR at least 3 full business days prior to the pick-up and scheduling an alternate date that is agreed to by the COR.

2. Contractor will not be allowed to miss required submissions of reports by more than 5 days of established deadline.

3. If a Certificate of Disposal is provided by the disposal site, Contractor will submit it to the COR within 2 weeks of each Universal Waste pickup.

F. SCHEDULE FOR DELIVERABLES

1. Unless otherwise specified, the number of draft copies and the number of final copies shall be the same.

2. If for any reason any deliverable cannot be delivered within the scheduled time frame, the contractor is required to explain why in writing to the COR, including a firm commitment of when the work shall be completed. This notice to the COR shall cite the reasons for the delay, and the impact on the overall project. The Contracting Officer or COR will then review the facts and issue a response in accordance with applicable regulations.

G. CHANGES TO STATEMENT OF WORK

Any changes to this SOW shall be authorized and approved only through written correspondence from the Contracting Officer. A copy of each change will be kept in a project folder along with all other products of the project. Costs incurred by the contractor through the actions of parties other than the Contracting Officer shall be borne by the contractor.

H. REPORTING REQUIREMENTS

The contractor shall provide the COR progress reports identifying opportunities for improvement, if any, as they are identified by the contractor.

I. TRAVEL

1. Travel may be needed for the kick-off and closing meetings, if held.

J. GOVERNMENT RESPONSIBILITIES

1. Provide wastestream types and estimated annual amounts for all waste offered for disposal.

2. Provide Contractor with the distribution email list for disposal documents and reports.

3. Provide Contractor with a list of site storage points.

4. Provide Contractor with a list of Points of Contact, and possible alternates, who may sign the shipping documents at each site.

5. Provide Contractor with a permanent contractor identification badge, if needed.

6. Provide all waste in a condition that is ready for transportation.

7. Provide Contractor with a schedule of dates to pick up waste at the sites.

8. All contract personnel accessing VA information/computer system will be required to complete VA Cyber Security Awareness Training annually and sign all applicable computer user agreements prior to accessing VA systems. The COR will be responsible for ensuring and documenting that this requirement is satisfied. Contract personnel shall maintain, access, release, and otherwise manage the information contained on VA information/computer systems in accordance with all VA/VHA security policies, applicable VA confidentiality statutes (Title 38 U.S.C. Section 5701 and Title 38 U.S.C Section 7332) and the respective regulations implementing these statutes, and Federal statutes and/or regulations applicable to Federal agency records. Copies of this information discussed in the aforementioned paragraphs can be provided to the Contractor and contract personnel upon request.

K. CONFIDENTIALITY AND NONDISCLOSURE

It is agreed that:

1. The preliminary and final deliverables and all associated working papers, and other material deemed relevant by VA which has been generated by the contractor in the performance of this contract are the exclusive property of the U.S. Government and shall be submitted to the Contracting Officer or COR at the conclusion of the contract.

2. The Contracting Officer will be the sole authorized official to release verbally or in writing, any data, the draft deliverables, the final deliverables, or any other written or printed materials pertaining to this contract. No information shall be released by the contractor. Any request for information relating to this task order presented to the contractor shall be submitted to the Contracting Officer for response.

3. Press releases, marketing material or any other printed or electronic documentation related to this project, shall not be publicized without the written approval of the Contracting Officer.

L. COMPLIANCE AND BUSINESS INTEGRITY (CBI) TRAINING:

a. AWARENESS TRAINING: Contractor employees shall complete initial compliance awareness training within thirty (30) days of commencing work under this contract as well as complete annual compliance awareness refresher training. At the minimum, CBI awareness training will include the following topics: 1) the revenue cycle, 2) seven elements of an effective compliance program, 3) definition of high risk areas, and 4) definition of a compliance concerns and how to address a compliance concern. This requirement can be fulfilled by completing the training module available via the following Internet site: http://www.visn21.va.gov/CBI.asp.

b. REMEDIAL TRAINING: When notified, contract employees must complete remedial training and education to address any detected compliance exceptions.

c. PROOF OF TRAINING: Contract employees are responsible for submitting proof of awareness and remedial training completed to the Contracting Officer’s Technical Representative (COR) for this contract. The COR will retain proof of training in accordance with applicable Records Control Schedule.

M. CONTRACTOR PERSONNEL SECURITY REQUIREMENTS:

Upon contract award, all key personnel shall be subject to the appropriate type of background investigation or screening per VA/VHA policy as delineated below, and must receive a favorable adjudication from the local VA facility or VA Security and Investigations Center (SIC) depending on the type of investigation/screening required. This requirement is also applicable to all subcontract personnel. If the investigation or screening is not completed prior to the start date of the contract, the Contractor will be responsible for the actions of those individuals they provide to perform work for VA.

Contract personnel who previously received a favorable adjudication as a result of a Government background investigation or screening may be exempt from this contract requirement provided that they can provide documentation to support the previous adjudication. Proof of previous adjudication must be submitted by the Contractor to the VA Contracting Officer. Proof of previous adjudication is subject to verification. Some positions maybe subject to periodic re-investigation/screening.

Position Risk/Sensitivity – For all positions required under this contract, the position risk/sensitivity has been designated as: Low Risk/Non-Sensitive

Background Investigation/Screening – Since it is anticipated that the Contractor or contract personnel will be providing non-health care related services at a VA facility(s) under a single contract or series of contracts and WILL NOT have access to VA information systems, the background investigation/screening commensurate with the requirements of this contract is: Background Screening – Includes Fingerprinting, Verification of Identity, and Credentials/Employment History, if Necessary.

Contractor Responsibilities

The Contractor shall prescreen all personnel to ensure they are able to read, write, speak, and understand the English language.

Within five (5) business days of contract award, the Contractor shall submit or have their contract personnel provide any information or documentation required to conduct the background screening as requested by the local VA facility or VA Contracting Officer.

Once the items requested in paragraph 3. b. above are received, VA will pre-screen these items for completeness, and forward them to the appropriate party(s) in order to initiate the required background investigation(s) or screening(s) within fourteen (14) calendar days of appointment. Only after the VA Contracting Officer notifies the Contractor that the background investigation(s) or screening(s) was initiated shall the Contractor be authorized to provide services under the contract. As previously stated, if the investigation or screening is not completed prior to the start date of the contract, the Contractor will be responsible for the actions of those individuals they provide to perform work for VA.

The Contractor, when notified of an unfavorable determination by the Government, shall withdraw the contract person from consideration of working under the contract.

Failure to comply with these Contractor personnel security requirements may result in termination of the contract for default.

Government Responsibilities

The Contracting Officer’s Technical Representative (COR) will be responsible for insuring the Contractor personnel security requirements described herein are fulfilled.

Upon receipt, the local VA facility or VA SIC, depending on the type of investigation/screening required, will review the accuracy of the items requested in paragraph 3. b. above, and forward these items to OPM to conduct their portion of the background investigation or screening, as applicable.

The requesting VA facility will pay for any portion of the investigation or screening conducted by OPM, if any.

Depending on the type of investigation/screening required, the local VA facility or VA SIC will notify the VA Contracting Officer after adjudicating the results of the background investigation or screening.

The COR will ensure that the required investigations or screening have been completed or are in the process of being requested.

Personnel Identity Verification (PIV) of Contractor Personnel

In accordance with FAR 52.204-9 and VA Directive 0735 – Personal Identity Verification of Federal Employees and Contractors, any contract person who requires routine physical access to a Federally-controlled facility and/or routine access to a Federally-controlled information system will be required to verify their identity prior to providing services under the contract. Prior to providing services under the contract, each contract person will be asked to provide up to two (2) forms of identification from the Accepted Identification Documentation List to the appropriate VA representative in order to obtain a proper VA-issued identification card. See the Accepted Identification Documentation List provided below. The COR, or designee, will be responsible for sponsoring each contract person that requires a VA-issued identification card.

PIV ID Proofing Criteria

The following criteria must be met by all VA employees, contractors, and affiliates prior to being issued a PIV card or Temporary Identity Badge.

Table of Accepted Identification (From Form I-9) Last Update: June 5, 2006

1. Two forms of identification are required from the list of acceptable documents. At least one ID must be a state or federal government issued picture ID. Either of the following is accepted:

a. Two forms of identification from the left column (Federal or State Government issued picture ID).

b. One form of identification from the left column (Federal or State Government issued picture ID) and one form from the right column (Non-Picture ID or Acceptable Picture ID not issued by Federal or State Government).

2. Any form of identification used for ID proofing may not be expired.

3. Hand written or photocopied documents are not accepted.

4. An ID issued before a legal name change (e.g. birth certificate or driver's license) can be presented as one form of ID if a legal document (e.g. marriage certificate/license or a court order) is also presented linking the previous name to the current legal name. The linking document has to display both the former and current legal names. Both documents must be valid and not expired. For example, a married woman may use both a certified copy of her birth certificate and marriage license as one form of ID as long as the marriage license has to display both her maiden name and married name.

5. The Applicant’s name listed on the VA Form 0711, Request for One-VA Identification Card, must match the name on one of the IDs presented by the Applicant.

SECTION C - CONTRACT CLAUSES

C.1 52.212-4 CONTRACT TERMS AND CONDITIONS—COMMERCIAL ITEMS (OCT 2018)

(a) Inspection/Acceptance. The Contractor shall only tender for acceptance those items that conform to the requirements of this contract. The Government reserves the right to inspect or test any supplies or services that have been tendered for acceptance. The Government may require repair or replacement of nonconforming supplies or reperformance of nonconforming services at no increase in contract price. If repair/replacement or reperformance will not correct the defects or is not possible, the Government may seek an equitable price reduction or adequate consideration for acceptance of nonconforming supplies or services. The Government must exercise its post-acceptance rights—

(1) Within a reasonable time after the defect was discovered or should have been discovered; and

(2) Before any substantial change occurs in the condition of the item, unless the change is due to the defect in the item.

(b) Assignment. The Contractor or its assignee may assign its rights to receive payment due as a result of performance of this contract to a bank, trust company, or other financing institution, including any Federal lending agency in accordance with the Assignment of Claims Act (31 U.S.C. 3727). However, when a third party makes payment (e.g., use of the Governmentwide commercial purchase card), the Contractor may not assign its rights to receive payment under this contract.

(c) Changes. Changes in the terms and conditions of this contract may be made only by written agreement of the parties.

(d) Disputes. This contract is subject to 41 U.S.C. chapter 71, Contract Disputes. Failure of the parties to this contract to reach agreement on any request for equitable adjustment, claim, appeal or action arising under or relating to this contract shall be a dispute to be resolved in accordance with the clause at FAR 52.233-1, Disputes, which is incorporated herein by reference. The Contractor shall proceed diligently with performance of this contract, pending final resolution of any dispute arising under the contract.

(e) Definitions. The clause at FAR 52.202-1, Definitions, is incorporated herein by reference.

(f) Excusable delays. The Contractor shall be liable for default unless nonperformance is caused by an occurrence beyond the reasonable control of the Contractor and without its fault or negligence such as, acts of God or the public enemy, acts of the Government in either its sovereign or contractual capacity, fires, floods, epidemics, quarantine restrictions, strikes, unusually severe weather, and delays of common carriers. The Contractor shall notify the Contracting Officer in writing as soon as it is reasonably possible after the commencement of any excusable delay, setting forth the full particulars in connection therewith, shall remedy such occurrence with all reasonable dispatch, and shall promptly give written notice to the Contracting Officer of the cessation of such occurrence.

(g) Invoice.

(1) The Contractor shall submit an original invoice and three copies (or electronic invoice, if authorized) to the address designated in the contract to receive invoices. An invoice must include—

(i) Name and address of the Contractor;

(ii) Invoice date and number;

(iii) Contract number, line item number and, if applicable, the order number;

(iv) Description, quantity, unit of measure, unit price and extended price of the items delivered;

(v) Shipping number and date of shipment, including the bill of lading number and weight of shipment if shipped on Government bill of lading;

(vi) Terms of any discount for prompt payment offered;

(vii) Name and address of official to whom payment is to be sent;

(viii) Name, title, and phone number of person to notify in event of defective invoice; and

(ix) Taxpayer Identification Number (TIN). The Contractor shall include its TIN on the invoice only if required elsewhere in this contract.

(x) Electronic funds transfer (EFT) banking information.

(A) The Contractor shall include EFT banking information on the invoice only if required elsewhere in this contract.

(B) If EFT banking information is not required to be on the invoice, in order for the invoice to be a proper invoice, the Contractor shall have submitted correct EFT banking information in accordance with the applicable solicitation provision, contract clause (e.g., 52.232-33, Payment by Electronic Funds Transfer—System for Award Management, or 52.232-34, Payment by Electronic Funds Transfer—Other Than System for Award Management), or applicable agency procedures.

(C) EFT banking information is not required if the Government waived the requirement to pay by EFT.

(2) Invoices will be handled in accordance with the Prompt Payment Act (31 U.S.C. 3903) and Office of Management and Budget (OMB) prompt payment regulations at 5 CFR part 1315.

(h) Patent indemnity. The Contractor shall indemnify the Government and its officers, employees and agents against liability, including costs, for actual or alleged direct or contributory infringement of, or inducement to infringe, any United States or foreign patent, trademark or copyright, arising out of the performance of this contract, provided the Contractor is reasonably notified of such claims and proceedings.

(i) Payment.—

(1) Items accepted. Payment shall be made for items accepted by the Government that have been delivered to the delivery destinations set forth in this contract.

(2) Prompt payment. The Government will make payment in accordance with the Prompt Payment Act (31 U.S.C. 3903) and prompt payment regulations at 5 CFR part 1315.

(3) Electronic Funds Transfer (EFT). If the Government makes payment by EFT, see 52.212-5(b) for the appropriate EFT clause.

(4) Discount. In connection with any discount offered for early payment, time shall be computed from the date of the invoice. For the purpose of computing the discount earned, payment shall be considered to have been made on the date which appears on the payment check or the specified payment date if an electronic funds transfer payment is made.

(5) Overpayments. If the Contractor becomes aware of a duplicate contract financing or invoice payment or that the Government has otherwise overpaid on a contract financing or invoice payment, the Contractor shall—

(i) Remit the overpayment amount to the payment office cited in the contract along with a description of the overpayment including the—

(A) Circumstances of the overpayment (e.g., duplicate payment, erroneous payment, liquidation errors, date(s) of overpayment);

(B) Affected contract number and delivery order number, if applicable;

(C) Affected line item or subline item, if applicable; and

(D) Contractor point of contact.

(ii) Provide a copy of the remittance and supporting documentation to the Contracting Officer.

(6) Interest.

(i) All amounts that become payable by the Contractor to the Government under this contract shall bear simple interest from the date due until paid unless paid within 30 days of becoming due. The interest rate shall be the interest rate established by the Secretary of the Treasury as provided in 41 U.S.C. 7109, which is applicable to the period in which the amount becomes due, as provided in (i)(6)(v) of this clause, and then at the rate applicable for each six-month period as fixed by the Secretary until the amount is paid.

(ii) The Government may issue a demand for payment to the Contractor upon finding a debt is due under the contract.

(iii) Final decisions. The Contracting Officer will issue a final decision as required by 33.211 if—

(A) The Contracting Officer and the Contractor are unable to reach agreement on the existence or amount of a debt within 30 days;

(B) The Contractor fails to liquidate a debt previously demanded by the Contracting Officer within the timeline specified in the demand for payment unless the amounts were not repaid because the Contractor has requested an installment payment agreement; or

(C) The Contractor requests a deferment of collection on a debt previously demanded by the Contracting Officer (see 32.607-2).

(iv) If a demand for payment was previously issued for the debt, the demand for payment included in the final decision shall identify the same due date as the original demand for payment.

(v) Amounts shall be due at the earliest of the following dates:

(A) The date fixed under this contract.

(B) The date of the first written demand for payment, including any demand for payment resulting from a default termination.

(vi) The interest charge shall be computed for the actual number of calendar days involved beginning on the due date and ending on—

(A) The date on which the designated office receives payment from the Contractor;

(B) The date of issuance of a Government check to the Contractor from which an amount otherwise payable has been withheld as a credit against the contract debt; or

(C) The date on which an amount withheld and applied to the contract debt would otherwise have become payable to the Contractor.

(vii) The interest charge made under this clause may be reduced under the procedures prescribed in 32.608-2 of the Federal Acquisition Regulation in effect on the date of this contract.

(j) Risk of loss. Unless the contract specifically provides otherwise, risk of loss or damage to the supplies provided under this contract shall remain with the Contractor until, and shall pass to the Government upon:

(1) Delivery of the supplies to a carrier, if transportation is f.o.b. origin; or

(2) Delivery of the supplies to the Government at the destination specified in the contract, if transportation is f.o.b. destination.

(k) Taxes. The contract price includes all applicable Federal, State, and local taxes and duties.

(l) Termination for the Government's convenience. The Government reserves the right to terminate this contract, or any part hereof, for its sole convenience. In the event of such termination, the Contractor shall immediately stop all work hereunder and shall immediately cause any and all of its suppliers and subcontractors to cease work. Subject to the terms of this contract, the Contractor shall be paid a percentage of the contract price reflecting the percentage of the work performed prior to the notice of termination, plus reasonable charges the Contractor can demonstrate to the satisfaction of the Government using its standard record keeping system, have resulted from the termination. The Contractor shall not be required to comply with the cost accounting standards or contract cost principles for this purpose. This paragraph does not give the Government any right to audit the Contractor's records. The Contractor shall not be paid for any work performed or costs incurred which reasonably could have been avoided.

(m) Termination for cause. The Government may terminate this contract, or any part hereof, for cause in the event of any default by the Contractor, or if the Contractor fails to comply with any contract terms and conditions, or fails to provide the Government, upon request, with adequate assurances of future performance. In the event of termination for cause, the Government shall not be liable to the Contractor for any amount for supplies or services not accepted, and the Contractor shall be liable to the Government for any and all rights and remedies provided by law. If it is determined that the Government improperly terminated this contract for default, such termination shall be deemed a termination for convenience.

(n) Title. Unless specified elsewhere in this contract, title to items furnished under this contract shall pass to the Government upon acceptance, regardless of when or where the Government takes physical possession.

(o) Warranty. The Contractor warrants and implies that the items delivered hereunder are merchantable and fit for use for the particular purpose described in this contract.

(p) Limitation of liability. Except as otherwise provided by an express warranty, the Contractor will not be liable to the Government for consequential damages resulting from any defect or deficiencies in accepted items.

(q) Other compliances. The Contractor shall comply with all applicable Federal, State and local laws, executive orders, rules and regulations applicable to its performance under this contract.

(r) Compliance with laws unique to Government contracts. The Contractor agrees to comply with 31 U.S.C. 1352 relating to limitations on the use of appropriated funds to influence certain Federal contracts; 18 U.S.C. 431 relating to officials not to benefit; 40 U.S.C. chapter 37, Contract Work Hours and Safety Standards; 41 U.S.C. chapter 87, Kickbacks; 41 U.S.C. 4712 and 10 U.S.C. 2409 relating to whistleblower protections; 49 U.S.C. 40118, Fly American; and 41 U.S.C. chapter 21 relating to procurement integrity.

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

(1) The schedule of supplies/services.

(2) The Assignments, Disputes, Payments, Invoice, Other Compliances, Compliance with Laws Unique to Government Contracts, and Unauthorized Obligations paragraphs of this clause;

(3) The clause at 52.212-5.

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

(5) Solicitation provisions if this is a solicitation.

(6) Other paragraphs of this clause.

(7) The Standard Form 1449.

(8) Other documents, exhibits, and attachments

(9) The specification.

(t) [Reserved]

(u) Unauthorized Obligations.

(1) Except as stated in paragraph (u)(2) of this clause, when any supply or service acquired under this contract is subject to any End User License Agreement (EULA), Terms of Service (TOS), or similar legal instrument or agreement, that includes any clause requiring the Government to indemnify the Contractor or any person or entity for damages, costs, fees, or any other loss or liability that would create an Anti-Deficiency Act violation (31 U.S.C. 1341), the following shall govern:

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

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

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

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

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