36C26124Q0694.docx

36C26124Q0694

PAGE 1 OF

1. REQUISITION NO.

2. CONTRACT NO.

3. AWARD/EFFECTIVE DATE

4. ORDER NO.

5. SOLICITATION NUMBER

6. SOLICITATION ISSUE DATE

a. NAME

b. TELEPHONE NO. (No Collect Calls)

8. OFFER DUE DATE/LOCAL

TIME

9. ISSUED BY

CODE

10. THIS ACQUISITION IS

UNRESTRICTED OR

SET ASIDE:

% FOR:

SMALL BUSINESS

HUBZONE SMALL

BUSINESS

SERVICE-DISABLED

VETERAN-OWNED

SMALL BUSINESS

WOMEN-OWNED SMALL BUSINESS

(WOSB) ELIGIBLE UNDER THE WOMEN-OWNED

SMALL BUSINESS PROGRAM

EDWOSB

8(A)

NAICS:

SIZE STANDARD:

11. DELIVERY FOR FOB DESTINA-

TION UNLESS BLOCK IS

MARKED

SEE SCHEDULE

12. DISCOUNT TERMS

13a. THIS CONTRACT IS A

RATED ORDER UNDER

DPAS (15 CFR 700)

13b. RATING

14. METHOD OF SOLICITATION

RFQ

IFB

RFP

15. DELIVER TO

CODE

16. ADMINISTERED BY

CODE

17a. CONTRACTOR/OFFEROR

CODE

FACILITY CODE

18a. PAYMENT WILL BE MADE BY

CODE

TELEPHONE NO.

UEI:

EFT:

PHONE:

FAX:

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

SEE ADDENDUM

19.

20.

21.

22.

23.

24.

ITEM NO.

SCHEDULE OF SUPPLIES/SERVICES

QUANTITY

UNIT

UNIT PRICE

AMOUNT

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

25. ACCOUNTING AND APPROPRIATION DATA

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

ARE

ARE NOT ATTACHED.

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

ARE

ARE NOT ATTACHED

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

29. AWARD OF CONTRACT: REF. ___________________________________ OFFER

COPIES TO ISSUING OFFICE. CONTRACTOR AGREES TO FURNISH AND

DATED ________________________________. YOUR OFFER ON SOLICITATION

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

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

ADDITIONAL SHEETS SUBJECT TO THE TERMS AND CONDITIONS SPECIFIED

SET FORTH HEREIN IS ACCEPTED AS TO ITEMS:

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

AUTHORIZED FOR LOCAL REPRODUCTION

(REV. NOV 2021)

PREVIOUS EDITION IS NOT USABLE

Prescribed by GSA - FAR (48 CFR) 53.212

7. FOR SOLICITATION

INFORMATION CALL:

STANDARD FORM 1449

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES

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

459-24-3-2086-0178

05-30-2024 Bruce Lundvall 916-923-4549 06-06-2024

1200 PM

PDT

612MCP

Department of Veterans Affairs VA Sierra Pacific Network (VISN 21) Network Contracting Office (NCO) 21 3237 Peacekeeper Way, Bldg 200 Suite 204 McClellan Park CA 95652

X

562112 $47 Million

N/A

VA PACIFIC ISLANDS HEALTH CARE SYSTEM (V

VA Sierra Pacific Network (VISN 21)

459 Patterson Road Honolulu HI 96819

612MCP

Department of Veterans Affairs

Network Contracting Office (NCO) 21 3237 Peacekeeper Way, Bldg 200 Suite 204 McClellan CA 95652

Department of Veterans Affairs FMS VA-9(101) Financial Services Center

PO Box 149971 Austin TX 78714-9971

See CONTINUATION Page

This is a Request for Quotes for Hazardous Waste Disposal.

The resulting contract will be a firm, fixed price, for a period of 07/01/2024 thru 06/30/2025.

This is a total small business set aside solicitation.

instructions to offerors in section E for full details.

VA Point of contact for this solicitation is:

Bruce Lundvall at bruce.lundvall@va.gov

See CONTINUATION Page

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 Anna Norcross Department of Veterans Affairs VA Sierra Pacific Network (VISN 21) Network Contracting Office (NCO) 21 3237 Peacekeeper Way, Bldg 200 Suite 204 McClellan Park CA 95652

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

3. INVOICES: Invoices shall be submitted in arrears:

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

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

B.2 PRICE/COST SCHEDULE

ITEM INFORMATION

HAZARDOUS WASTE REMOVAL FROM THE AKAKA CLINIC LOCATED AT: 91-1051 FRANKLIN D ROOSEVELT AVENUE KAPOLEI, HI 96707

General Removal of Waste Materials: The Contractor shall supply all labor, equipment, supplies/materials, and transportation to accomplish proper hazardous waste management services to include waste identification, classification, generation, packaging, labeling, documentation and Emergency Response Activities for proper treatment, recycling, and disposal services.

Contract Period: Base POP Begin: 06-15-2024 POP End: 06-14-2025 PRINCIPAL NAICS CODE: 562112 - Hazardous Waste Collection PRODUCT/SERVICE CODE: F108 - Environmental Systems Protection - Environmental Remediation

B.3 STATEMENT OF WORK

GENERAL INFORMATION

The Contractor shall ensure all work meets performance standards specified in this Performance Work Statement (PWS) and referenced documents. The Contractor shall commence all operations required by the contract as of the first day of the contract period. The Contractor shall furnish all management, labor, supervision, management support, transportation, equipment, and materials to provide Hazardous Waste Management and Emergency Response Services to the Veterans Affairs Pacific Islands Health Care System (VAPIHCS), located at 459 Patterson Road, Honolulu, Hawaii 96819-1522.

Accomplish all work under this contract in accordance with agency, state, and federal regulations to include (1) the Joint Commission Manual (JC); (2) Occupational Safety and Health Agency (OSHA); (3) Environmental Protection Agency (EPA) requirements to include The Resource Conservation and Recovery Act (RCRA), Subtitle C; (4) the Department of Transportation (DOT) regulations (5) industry standards. The JC establishes the facility and management standards for VA facilities. The VA is committed to maintaining JC approved health care facilities. The Contractor’s efforts shall provide the service to meet the requirements for high quality patient care, sensitivity to proper scheduling to meet medical and patient needs, and proper control for handling waste materials.

Notwithstanding any historic data furnished by or for the medical facilities, it is the Contract’s responsibility to furnish the necessary quantities of manpower, supplies, and equipment to provide satisfactory service at the medical facilities. The technical descriptions highlight various types of hazardous wastes and approximate schedules required for quarterly services. This means that items/tasks identified are included but not limited to these items/tasks only. Additional wastes materials and/or services required by changes in mission assignments will be affected by written contract modification.

This contract will be awarded on the terms of a firm-fixed price contract in accordance with FAR 16.202. Unless otherwise specified in the contract, the ceiling price or target price is subject to adjustment only by operation of contract clauses providing for equitable adjustment or other revision of the contract price under stated circumstances.

These technical provisions require work to be accomplished at the Veterans Affairs Pacific Island Health Care System (VAPIHCS), located at 459 Patterson Road, Honolulu, Hawaii 96819-1522 following location:

Daniel K. Akaka CBOC Address: 91-1051 Franklin D Roosevelt Ave Kapolei Hi 96707

Contractor’s Hours of Duties: The VAPIHCS normal business hours usually operate between 8:00am to 4:00pm, Monday through Friday, except Federal Holidays. When one of the above designated legal holidays falls on a Sunday, the following Monday will be observed as a legal holiday. When a legal holiday falls on a Saturday, the preceding Friday is observed as a holiday by U.S. Government Agencies. All waste collection services work shall be accomplished during normal business hours.

Federal Holidays: national holidays observed by the Federal Government are

Contractor’s Work Schedule: The Contractor shall provide to the COR a proposed work schedule which depicts how services will be accomplished 15 days after the receipt of award. All work shall be coordinated with the COR or designated representative when accomplished during normal business hours to avoid disruptions or conflicts between the Government functions and the provision of service under this contract.

Interference to Normal Function: The Contractor shall delay or 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, and passage of facility patients, personnel, equipment, and carts.

SCOPE OF WORK

Contractor shall supply all labor, equipment, supplies/materials, and transportation to accomplish proper hazardous waste management services to include waste identification, classification, generation, packaging, labeling, documentation and Emergency Response Activities for proper treatment, treatment, recycling, storage, and disposal services described herein at Veterans Affairs Pacific Island Health Care System (VAPIHCS). Services will be based on the Task and Frequency Schedule, excluding all Federal Holidays. The C&A requirements do not apply, and a Security Accreditation Package is not required.

Required monthly pickups at the following locations:

Daniel K. Akaka CBOC Address: 91-1051 Franklin D Roosevelt Ave Kapolei Hi 96707

Hazardous Waste Regulations: Disposal of waste materials, performance of projects and emergency response activities shall comply with the following and all other applicable regulatory requirements, 40 CFR Parts 260-282, which contains all the Resource Conservation and Recovery Act (RCRA) regulations governing hazardous waste identification, classification, generation, management, and disposal.

• Part 260 – Hazardous Waste Management System: General

• Part 261 – Identification and Listing of Hazardous Waste

• Part 262 – Standards Applicable to Generators of Hazardous Waste

• Part 263 – Standards Applicable to Transporters of Hazardous Waste

• Part 264 – Standards for Owners and Operators of Hazardous Waste Treatment, Storage, And Disposal Facilities

• Part 265 – Interim Status Standards for Owners and Operators of Hazardous Waste Treatment Storage, And Disposal Facilities

• Part 266 – Standards for The Management of Specific Hazardous Wastes and Specific Types Of Hazardous Waste Management Facilities

• Part 267 – Standards for Owners and Operators of Hazardous Waste Facilities Operating Under A Standardized Permit •Part 268 – Land Disposal Restrictions

• Part 270 – EPA Administered Permit Programs: The Hazardous Waste Permit Program

• Part 271 – Requirement for Authorization of State Hazardous Waste Programs

• Part 272 – Approved State Hazardous Waste Management Programs

• Part 273 – Standards for Universal Waste Management

• Part 279 – Standards for The Management of Used Oil

• Part 280 – Technical Standards and Corrective Action Requirements for Owners and Operators Of Underground Storage Tanks (UST)

• Part 281 – Approval of State Underground Storage Tank Programs

• Part 282 – Approved Underground Storage Tank Programs

• Parts 283 to 299[Reserved] In addition, applicable regulatory requirements from CFR Title 49 contain regulations governing the transportation of hazardous materials and wastes. Key Provisions of the Hazardous Materials Transportation Act Hazardous materials regulations are subdivided by function into four basic areas:

• Procedures and/or Policies: 49 CFR Parts 101, 106 and 107

• Material Designations: 49 CFR Part 172

• Packaging Requirements: 49 CFR Parts 173, 178, 179 and 180

• Operational Rules: 49 CFR Parts 171, 173, 174, 175, 176 and 177 Types of Hazardous Waste: Hazardous waste are divided into listed wastes, characteristic waste, universal waste, and mixed wastes. For the purposes of this contract, the following Hazardous Wastes include a list of common, but not all inclusive, waste materials that require disposal. This Hazardous Waste Management requirement does NOT contain “Infectious Substances” waste.

Listed wastes: By definition, EPA determined that some specific wastes are hazardous. These wastes are incorporated into lists published by the Agency. These lists are organized into three categories:

• The F-list (non-specific sources wastes)

• The K-list (source-specific wastes)

• The P-list and the U-list (discarded commercial chemical products) Listed Wastes Items that are to be properly disposed and/or recycled may include but is not limited to: P-list and U-list products: Acute hazardous expired wastes/non-controlled medications.

Universal Wastes: EPA’s universal waste regulations streamline hazardous waste management standards for federally designated “universal wastes,” Items that are to be properly disposed and/or recycled may include, but is not limited to: batteries, pesticides, mercury-containing equipment, and bulbs (lamps).

Description of Services General Removal of Waste Materials: The Contractor shall supply all labor, equipment, supplies/materials, and transportation to accomplish proper hazardous waste management services to include waste identification, classification, generation, packaging, labeling, documentation and Emergency Response Activities for proper treatment, recycling, and disposal services.

Waste Disposal Plans The Contractor shall be responsible for locating appropriate facilities for management of waste materials, for completing any waste profile documents required by the facility or state where a facility is located, and for any costs incurred in the profiling process. The government reserves the right to make bulk shipments of Universal Waste Batteries directly to a recycler and to utilize federal programs for reclaiming/recycling waste materials such as refrigerants and oils. Unless prior approval has been obtained in writing from the AMP-100 Environmental Coordinator acting as Contracting Officer Representative, wastes shall be profiled and shipped directly to the waste management facility.

If feasible, the disposal method selected for each waste stream shall conform to the following priorities (preference shown highest to lowest) as applicable for the type of waste: (i)reclamation, (ii)incorporation into a fuel burning program, (iii) incineration, (iv) treatment/detoxification/fixation and (v)land disposal. If requested, the contractor shall provide information on the available disposal options for particular waste materials.

For new or one-time waste streams, VAPIHCS will provide a description of the waste, Material Safety Data Sheets, and proposed sampling plan, if necessary, to the contractor.

Manifest/Documentation of Disposal The contractor shall provide a properly completed manifest or other appropriate shipping document for each waste shipment. The manifest and/or any other documentation concerning the shipment (such as restricted waste notification forms required by the Land Disposal Restrictions in 40 CF Part 268) shall be provided to the COR at least two working days prior to the scheduled shipment. Manifests shall be prepared in accordance with 49 CFR 172.205, 40 CFR Part 262 and 40 CFR 761.208. For each waste stream on the manifest or shipping document, the waste management facility’s approval number and applicable state waste stream numbers shall be noted on the manifest. All documentation shall be typewritten or neatly printed with all copies legible. The contractor shall assure that all transporters used have any required EPA identification numbers, permits, and licenses and are properly registered. The COR or their designee will sign and date the generator’s certification on the manifest. The transporter will sign and date the manifest or shipping document and return the generator’s copy with an original signature to the COR. The waste management facility shall return a signed copy of the manifest or shipping document indicating receipt of the material to the COR within 35 days of the date that the waste is accepted by the initial transporter.

For all shipments of hazardous waste and PCB material and whenever available for other types of waste, the contractor shall provide certification of reclamation or disposal to the COR within 120 days of the shipment date. The certification shall include: (i) the identity of the disposal facility by name, address, and EPA identification number, (ii) the identity of waste affected by the certification including reference to the manifest number for the shipment, (iii) a statement certifying disposition of the identified waste, including the date(s) of disposal, and identifying the process used and (iv) a certification, as defined in 40 CFR 260.10, signed by a representative of the disposal facility.

Packaging/Labeling/Marking Most waste generated by VAPIHCS operation are placed or collected in 55-gallon drums which will be removed by the contractor. However, drums may not be full (50 gallons for liquid waste) and some wastes to be shipped will be in smaller DOT-shippable containers (generally 5- and 30-gallon buckets and drums). The contractor shall furnish containers if they desire to lab pack or decant routinely generated wastes for shipment. The contractor shall be responsible for the proper disposal of empty containers generated during any decanting activities. Documentation concerning the disposal or management method that will be utilized for such containers shall be provided to the COR upon request.

Before transporting any container of waste, the contractor shall mark and label the containers in accordance with applicable requirements in 40 CFR 262.32 and Department of transportation regulations in 49 CFR Part 172.

Handling/Loading/Transportation of Material The contractor shall schedule shipment dates and times with the COR. Shipments shall not be scheduled on Saturdays, Sundays, federal holidays, or any other day when VAPIHCS is closed. The contractor shall be responsible for the proper and safe handling, transportation and delivery of all hazardous material/waste consigned to him/her. This shall include but is not limited to: (i) insuring and adequate vehicle and qualified operator is provided to safety transport all types of waste, (ii) insuring that all vehicles are equipped with adequate first aid, fire protection, personnel safety, and spill control equipment, (iii) insuring all loads are properly secured and properly placarded, (iv) coordinating unloading of material with the receiving facility.

Environmental Emergency Response Plans Contractors will submit an Emergency Response Plan within 5 days after for disaster recovery. All Plans must include a 24-hour response plan to facilitating immediate actions for disaster recovery, containment, and/or cleanup operations. Contractors are expected to include the manpower and equipment, logistical support, and operation oversight to manage various environmental emergencies. The plan should include a list of authorized individuals and contact information of responsible people involved in facilitating emergency responses.

Routine Requirements Waste Shipments: Waste material shall be removed at least quarterly. The contractor shall complete routine waste shipments within 15 days of the approved COR scheduled approved. The contractor shall coordinate pickup times with the COR.

Support for Projects Involving Hazardous Material Management: The contractor may provide support for tasks or projects involving hazardous material management activities not associated with shipment of waste material. The contracting officer or COR will provide the contractor with a written scope of work for each task or project. The contractor will respond in writing within 10 days with a plan of action, proposed schedule, and itemized cost estimate for the work.

The Task and Frequency Schedule: Indicates the minimum acceptable frequencies of the generalized duties that encompasses a comprehensive list of waste that could require collection, recycling, or disposal. In addition to the service required herein, incidental functions not specifically listed but normally included as general practices within the Hazardous Waste Management Industry shall be provided. The overall types of wastes and duties associated will remain within the natural scope of work within Hazardous Waste Management.

Collections are to be conducted, at a minimum 12 (twelve) times annually per site. This should be based on months intervals. The scheduled time frame should be during normal business hours. Request for Emergency Response and Disaster Recovery Services shall be conducted in accordance with Emergency Response Plans approved by the COR. Those services will be conducted on an “as-need” basis and can be performed during or after normal business hours, depending on the level of need.

The Task and Frequency Schedule indicates the minimum acceptable frequencies; however, the Contractor shall correct in such a manner to any deficiency identified, recorded, and reported to the Contractor by the COR or designated representative.

Contractor Qualifications All services shall be performed by Hazmat trained technicians in conformity with local trade practices. At a minimum, there should be one project manager with a 4-year degree in Environmental, Chemical, or related Engineering degree with HAZWOPER Training and Certification, and 8 years of experience. All field/site technicians shall provide proof of current and/or refresher HAZWOPER Training and Certification, with a minimum of 5 years of experience. Contractor Requirements, Certifications, Permits & Licensure: The contractor shall obtain all necessary licensure and/or permits and insurance that is required to perform this work. Proof of licensure and/or permits and insurance is required. Contractor shall take all precautions necessary to protect persons and property form injury or damage during the performance of this contract. Contractor shall be responsible for any injury to any Contractor’s representative, or others, as well as, for any damage to personal or public property that occurs during the performance of this contract that is caused by the contractor’s fault or negligence.

Contractor personnel shall submit copies of all documents pertaining to authorized Federal and State EPA and DOT required Permits, Certifications, and/or Licensure, with their bid packages.

Authorized State (EPA) RCRA Permitting Programs:

The Resource Conservation and Recovery Act (RCRA) requires individuals who generate or transport hazardous waste, or who operate a facility for recycling, treating, storing, or disposing (TSD) of hazardous waste, to notify EPA or their authorized State waste management agency of their regulated waste activities and obtain a US EPA Identification (ID) Number (also known as RCRA ID Number).

Under RCRA, most hazardous waste permits are issued by states. The state of Hawaii is assigned to EPA Region 9 (Pacific Southwest); Region 9’s state programs are authorized to issue permits. For information on how to obtain a hazardous waste permit, or on permits already issued, information: http://health.hawaii.gov/shwb/hazwaste/.

36C26124Q0694 October 1, 2008, the Hawaii Department of Health (HDOH) processed all Notification of Regulated Waste Activity (EPA Form 8700-12) forms. Handlers of regulated waste are required to complete EPA Form 8700-12 for initial notification to obtain an EPA ID number, and subsequent notifications to update site identification information.

SECTION C - CONTRACT CLAUSES

C.1 52.212-4 CONTRACT TERMS AND CONDITIONS—COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES (NOV 2023)

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

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

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

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

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

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

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

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

(g) Invoice.

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

(i) Name and address of the Contractor;

(ii) Invoice date and number;

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

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

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

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

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

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

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

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

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

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

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

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

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

(i) Payment.—

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

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

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

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

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

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

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

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

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

(D) Contractor point of contact.

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

(6) Interest.

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

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

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

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

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

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

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

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

(A) The date fixed under this contract.

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

(1) The schedule of supplies/services.

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

(3) The clause at 52.212-5.

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

(5) Solicitation provisions if this is a solicitation.

(6) Other paragraphs of this clause.

(7) The Standard Form 1449.

(8) Other documents, exhibits, and attachments

(9) The specification.

(t) [Reserved]

(u) Unauthorized Obligations.

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

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

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

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

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

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

(End of Clause) ADDENDUM to FAR 52.212-4 CONTRACT TERMS AND CONDITIONS—COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES Clauses that are incorporated by reference (by Citation Number, Title, and Date), have the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available.

The following clauses are incorporated into 52.212-4 as an addendum to this contract:

C.2 52.252-2 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/browse/index/far https://www.va.gov/oal/library/vaar/

(End of Clause)

C.3 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 electronic invoicing capability as described above.

(End of Clause)

C.4 VAAR 852.242-71 ADMINISTRATIVE CONTRACTING OFFICER (OCT 2020)

The Contracting Officer reserves the right to designate an Administrative Contracting Officer (ACO) for the purpose of performing certain tasks/duties in the administration of the contract. Such designation will be in writing through an ACO Letter of Delegation and will identify the responsibilities and limitations of the ACO. A copy of the ACO Letter of Delegation will be furnished to the Contractor.

(End of Clause) (End of Addendum to 52.212-4)

C.5 52.212-5 CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT STATUTES OR EXECUTIVE ORDERS—COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES (FEB 2024)

(a) The Contractor shall comply with the following Federal Acquisition Regulation (FAR) clauses, which are incorporated in this contract by reference, to implement provisions of law or Executive orders applicable to acquisitions of commercial products and commercial services:

(1) 52.203-19, Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements (JAN 2017) (section 743 of Division E, Title VII, of the Consolidated and Further Continuing Appropriations Act, 2015 (Pub. L. 113-235) and its successor provisions in subsequent appropriations acts (and as extended in continuing resolutions)).

(2) 52.204–23, Prohibition on Contracting for Hardware, Software, and Services Developed or Provided by Kaspersky Lab Covered Entities (DEC 2023) (Section 1634 of Pub. L. 115–91).

(3) 52.204–25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment. (NOV 2021) (Section 889(a)(1)(A) of Pub. L. 115–232).

(4) 52.209-10, Prohibition on Contracting with Inverted Domestic Corporations (NOV 2015).

(5) 52.232–40, Providing Accelerated Payments to Small Business Subcontractors (MAR 2023) (31 U.S.C. 3903 and 10 U.S.C. 3801).

(6) 52.233-3, Protest After Award (AUG 1996) (31 U.S.C. 3553).

(7) 52.233-4, Applicable Law for Breach of Contract Claim (OCT 2004) (Public Laws 108-77 and 108-78 (19 U.S.C. 3805 note)).

(b) The Contractor shall comply with the FAR clauses in this paragraph (b) that the Contracting Officer has indicated as being incorporated in this contract by reference to implement provisions of law or Executive orders applicable to acquisitions of commercial products and commercial services:

[] (1) 52.203–6, Restrictions on Subcontractor Sales to the Government (JUN 2020), with Alternate I (NOV 2021) (41 U.S.C. 4704 and 10 U.S.C. 4655).

[] (2) 52.203–13, Contractor Code of Business Ethics and Conduct (NOV 2021) (41 U.S.C. 3509).

[] (3) 52.203–15, Whistleblower Protections under the American Recovery and Reinvestment Act of 2009 (JUN 2010) (Section 1553 of Pub. L. 111-5). (Applies to contracts funded by the American Recovery and Reinvestment Act of 2009.)

[] (4) 52.203–17, Contractor Employee Whistleblower Rights (NOV 2023) (41 U.S.C. 4712); this clause does not apply to contracts of DoD, NASA, the Coast Guard, or applicable elements of the intelligence community—see FAR 3.900(a).

[X] (5) 52.204–10, Reporting Executive Compensation and First-Tier Subcontract Awards (JUN 2020) (Pub. L. 109–282) (31 U.S.C. 6101 note).

[] (6) [Reserved] [] (7) 52.204–14, Service Contract Reporting Requirements (OCT 2016) (Pub. L. 111–117, section 743 of Div. C).

[] (8) 52.204–15, Service Contract Reporting Requirements for Indefinite-Delivery Contracts (OCT 2016) (Pub. L. 111–117, section 743 of Div. C).

[X] (9) 52.204–27, Prohibition on a ByteDance Covered Application (JUN 2023) (Section 102 of Division R of Pub. L. 117–328).

[] (10) 52.204–28, Federal Acquisition Supply Chain Security Act Orders—Federal Supply Schedules, Governmentwide Acquisition Contracts, and Multi-Agency Contracts. (DEC 2023) (Pub. L. 115–390, title II).

[X] (11)(i) 52.204–30, Federal Acquisition Supply Chain Security Act Orders— Prohibition. (DEC 2023) (Pub. L. 115–390, title II).

[] (ii) Alternate I (DEC 2023) of 52.204–30.

[X] (12) 52.209–6, Protecting the Government’s Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment. (NOV 2021) (31 U.S.C. 6101 note).

[] (13) 52.209-9, Updates of Publicly Available Information Regarding Responsibility Matters (OCT 2018) (41 U.S.C. 2313).

[] (14) [Reserved] [] (15) 52.219–3, Notice of HUBZone Set-Aside or Sole-Source Award (OCT 2022) (15 U.S.C. 657a).

[] (16) 52.219–4, Notice of Price Evaluation Preference for HUBZone Small Business Concerns (OCT 2022) (if the offeror elects to waive the preference, it shall so indicate in its offer) (15 U.S.C. 657a).

[] (17) [Reserved] [X] (18)(i) 52.219-6, Notice of Total Small Business Set-Aside (NOV 2020) (15 U.S.C. 644).

[] (ii) Alternate I (MAR 2020) of 52.219-6.

[] (19)(i) 52.219-7, Notice of Partial Small Business Set-Aside (NOV 2020) (15 U.S.C. 644).

[] (ii) Alternate I (MAR 2020) of 52.219-7.

[] (20) 52.219-8, Utilization of Small Business Concerns (FEB 2024) (15 U.S.C. 637(d)(2) and (3)).

[]…