36C26126Q0365.docx

36C26126Q0365

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

36C261-26-AP-1148

36C26126Q0365 02-09-2026 Jill Williams 702-001-5380 02-27-2026 11:00 am

PST

00261 Department of Veterans Affairs Network Contracting Office 21

X X 561720 $22 Million N/A X See Delivery Schedule

00261 Department of Veterans Affairs Network Contracting Office 21

Department of Veterans Affairs Financial Services Center P.O. Box 149971 Austin TX 78714-9971 See CONTINUATION Page Durable Medical Equipment (DME) Cleaning and Janitorial Services in accordance with the Performance Work Statement.

ALL QUESTIONS MUST BE SUBMITTED BY 02/23/2026.

This is a 100% SDVOSB set-aside. Offerors must be verified at the time of quote submission and shall continue to be registered and certified in the SBA Small Business Database, until time of award, during performance, and through final payment of any contract resulting from this solicitation.

Failure to submit SDVOSB certification AND completion of VAAR Clause 852.219-75 will result in being excluded from evaluations and ineligible for award.

WD 2015-5641 REVISION 29, DATED 12/03/2025 APPLIES TO THIS

SOLICITATION.

The Site Visit information is as follows:

Date and Time: 02/18/2026 at 0800am PST Location: Building 101 - Front Lobby See CONTINUATION Page X x Jill Williams 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 Department of Veterans Affairs Network Contracting Office 21

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.

All invoicing will be conducted through Tungsten ACKNOWLEDGMENT OF AMENDMENTS: The offeror acknowledges receipt of amendments to the Solicitation numbered and dated as follows:

B.2 PRICE/COST SCHEDULE

ITEM INFORMATION

Base Year for Durable Medical Equipment (DME) Cleaning & Janitorial Services at Palo Alto Division. (12 FTE) Contract Period: Base POP Begin: 05-01-2026 POP End: 04-30-2027 PRINCIPAL NAICS CODE: 561720 - Janitorial Services PRODUCT/SERVICE CODE: J079 - Maintenance, Repair, and Rebuilding of Equipment - Cleaning Equipment and Supplies

Option Year 1 for Durable Medical Equipment (DME) Cleaning & Janitorial Services at Palo Alto Division. (12 FTE) Contract Period: Option 1 POP Begin: 05-01-2027 POP End: 04-30-2028

PRODUCT/SERVICE CODE: J079 - Maintenance, Repair, and Rebuilding of Equipment - Cleaning Equipment and Supplies

Option Year 2 for Durable Medical Equipment (DME) Cleaning & Janitorial Services at Palo Alto Division. (12 FTE) Contract Period: Option 2 POP Begin: 05-01-2028 POP End: 04-30-2029

PRODUCT/SERVICE CODE: J079 - Maintenance, Repair, and Rebuilding of Equipment - Cleaning Equipment and Supplies

Option Year 3 for Durable Medical Equipment (DME) Cleaning & Janitorial Services at Palo Alto Division. (12 FTE) Contract Period: Option 3 POP Begin: 05-01-2029 POP End: 04-30-2030

PRODUCT/SERVICE CODE: J079 - Maintenance, Repair, and Rebuilding of Equipment - Cleaning Equipment and Supplies

Option Year 4 for Durable Medical Equipment (DME) Cleaning & Janitorial Services at Palo Alto Division. (12 FTE) Contract Period: Option 4 POP Begin: 05-01-2030 POP End: 04-30-2031

PRODUCT/SERVICE CODE: J079 - Maintenance, Repair, and Rebuilding of Equipment - Cleaning Equipment and Supplies

Performance Work Statement (PWS) Durable Medical Equipment (DME) Cleaning Services for Palo Alto VA

Section 1: General Information

1.1 General: This contract is for 12 Full-Time Equivalent (FTE) employees for cleaning Durable Medical Equipment (DME) and supporting Veterans Affairs Environmental Management Service (VA EMS) Housekeeping. All cleaning supplies will be provided by the VA. All work shall be managed and supervised by VA EMS Supervisors. The contractor must ensure full attendance and provide backup replacements as necessary.

1.2 Period of Performance (POP): The performance period is Base + 4 option years.

· Base Year: May 1, 2026, to April 30, 2027

· Option Year 1: May 1, 2027, to April 30, 2028

· Option Year 2: May 1, 2028, to April 30, 2029

· Option Year 3: May 1, 2029, to April 30, 2030

· Option Year 4: May 1, 2030, to April 30, 2031

1.3 Definitions & Acronyms

Definitions:

· Contractor: A supplier or vendor awarded a contract to provide specific supplies or services to the government. The term used in this contract refers to the prime.

· Contracting Officer (CO): A person with the authority to enter, administer, and/or terminate contracts and make related findings. The Contracting Officer is the only individual who has the authority to contractually bind the Government. The Contracting Officer may designate a government employee to act as his authorized technical representative.

· Contracting Officer Representative (COR): The person designated as the authorized representative of the Contracting Officer acting within the limits of his/her authority. This individual shall not be authorized to award, agree to, or sign any contract or modification thereto, or in any way to oblige the payment of money by the Government. The COR advises the Contracting Officer on matters relating to the contract, verifies completion of the work, and certifies invoices related to completed work with all provisions of the contract.

Acronyms:

· CO – Contracting Officer

· COR - Contracting Officer Representative

· DME – Durable Medical Equipment

· EMS – Environmental Management Service

· FTE – Full-Time Equivalent employee

· PAD – Palo Alto Division

· PIV – Personal Identity Verification

· POC – Point of Contact

· PRT – Performance Requirement Table

· PWS – Performance Work Statement

· QASP – Quality Assurance Surveillance Plan

· VA – Veterans Affairs

· VAPAHCS – Veterans Affairs Palo Alto Healthcare System

1.4 Place of Performance: Palo Alto Division is located at 3801 Miranda Ave., Palo Alto, CA 94304-1207.

1.5 Hours of VA Operation: VA Palo Alto is open Monday to Sunday including all State and Federal Holidays. Holidays observed by the Department of Veterans Affairs:

· New Year’s Day – January 1

· Martin Luther King’s Birthday – 3rd Monday in January

· President’s Day – 3rd Monday in February

· Memorial Day – Last Monday in May

· Juneteenth National Independence Day – June 19

· Fourth of July – July 4

· Labor Day – 1st Monday in September

· Columbus Day – 2nd Monday in October

· Veteran’s Day – November 11

· Thanksgiving Day – Last Thursday in November

· Christmas Day – December 25

1.6 Contractor Working Schedule: The contractor shall provide 12 FTE employees working 40 hours per week. These FTEs will cover 1st shift (6:00am to 2:30pm) and 2nd shift (2:00pm to 10:30pm), 7 days per week including federal holidays as listed in section 1.5. The details of required FTE and their working schedule are listed in section 3.2.

1.7 Type of Contract: The government will award a Firm Fixed Price contract.

1.8 Contract Changes: Any modification will be prepared by the COR and approved by the CO. If the contractor receives a request from VA personnel directing or requesting work that the contractor believes is not within the terms of the PWS or the contract, then the contractor must notify the COR.

1.9 Invoicing: All invoices from the contractor shall be submitted electronically in accordance with VAAR Clause 852.232-72 Electronic Submission of Payment Requests. The government will only pay for the hours worked listed in the tables in Attachment 1 – Working Hours Calculation. The total FTE work hours per month is recorded from the VA attendance spreadsheet. The COR will forward the attendance spreadsheet to the contractor to review and agree. The contractor will submit the invoice with the agreed total FTE work hours per month into Tungsten VA’s Electronic Invoice Presentment and Payment System: The Financial Services Center (FSC) uses a third-party contractor, Tungsten, to transition vendors from paper to electronic invoice submission. Go to this website: Tungsten Network to begin submitting electronic invoices free of charge.

More information at the VA Financial Services Center is available at FSC VA.

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

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

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

· FSC e-Invoice contact information: 1-877-353-9791

· FSC e-Invoice email: vafsccshd@va.gov Note: COR will send the monthly attendance tracker from VA EMS Supervisor and the invoice adjustment calculation (if any) to Contractor Point-of-Contact (POC) and CO for review. The approved amount will be certified for that monthly invoice.

Section 2: Government Furnished Items 2.1: The VA Palo Alto will provide all the required cleaning supplies, equipment, personal protective equipment (PPE), and DME cleaning process training (training hours will be compensated by the contractor).

2.2: The Government will maintain, repair, and/or replace Government-furnished equipment.

Section 3: Contractor Work Responsibilities 3.1: The primary daily work is to perform DME cleaning in areas designated by VA EMS Supervisors. The specific DME cleaning procedures will be covered during training by the VA EMS Training Officer (refer to Training section 5 for details).

3.2: Contractor to provide the daily number of required FTEs per shift per day as listed in the table below. The contractor needs to ensure that daily attendance is met with the contract requirements.

3.3 Attendance:

· At the beginning of the shift, the Contractor will report to the EMS Supervisor in the EMS Supervisor office and check-in. EMS Supervisor will sign the attendance tracker.

· At the end of the shift, the Contractor will report to the EMS Supervisor in the EMS Supervisor office and check-out. EMS Supervisor will sign the attendance tracker.

· In case of approved absence, the contractor POC needs to arrange for backup prior to the workday and update the EMS Supervisor.

· In case of emergency absence, the contractor POC needs to arrange backup within 2 hours of the start time to avoid attendance invoice amount adjustments.

· If the monthly attendance falls below 100%, the monthly invoice fixed amount will be adjusted in accordance with the percentage compliance to 100% attendance. See section 1.7.

3.4: Each contractor employee will pick up the weekly DME cleaning log sheet in the EMS Supervisor’s office. Logs must be completed correctly and submitted to VA EMS Supervisors in the EMS Supervisor’s office weekly.

3.5: Contractor will perform DME cleaning functions under the supervision of the VA EMS Supervisors. Follow the DME cleaning process flow to complete the daily DME tasks per VA training. When DME cleaning in the designated areas is completed, the contractor will report to VA EMS Supervisors and will be assigned to perform housekeeping duties. The VA EMS Supervisor/Site Manager will assign cleaning locations to contractor employees and make quality control inspections as needed.

3.6: The Performance Requirements Table (PRT) in Section 3.8 below in PWS reflects a quantification of the services; however, it is not necessarily a reflection of the total sanitation requirements, nor is it a management program. It is incumbent upon the Contractor to furnish the management expertise to accomplish not only the specific tasks specified within, but also an acceptable environmental appearance that reflects accomplishments of a total program. In addition to these services, incidental tasks, not specifically tested but normally included as general practice within the housekeeping industry, will be provided by the Contractor.

3.7: This is the list of DME cleaning equipment. The list can be updated by VA.

3.8: The PRT indicates the daily workflow, however, VA reserves the right to update this workflow. Contractors will be updated on any changes.

3.9: Accomplish all work under this contract in accordance with:

· Current Joint Commission Manual (JC)

· Occupational Safety and Health Agency (OSHA)

· Environmental Protection Agency (EPA) and Hazardous Materials requirements

· All regulations cited in this contract

· All applicable local, State, and Federal laws, regulations, codes, and directives

· Industry standards.

3.10: The Contractor shall also be responsible for adhering to all requirements under the Privacy Act (see FAR clause 52.224-1 and 52.224-2 in Section I) to protect confidential patient information.

Section 4: Contractor Staffing Requirements and Procedures

4.1 Background Investigation by Contractor:

· Contractor’s employees must undergo and pass a thorough background investigation by the company before the company extends a job offer and initiates a security check at the VA.

· The contractor shall ensure that all employees assigned to this project are certified to work in the United States, are legal residents of the United States, have been living in the United States for at least three years, and have no criminal record.

· Proof of background investigation for each employee must be sent to the COR.

4.2 Background Investigation by the VA:

· Prior to beginning performance under this contract,

· COR will be in communication with the contractor POC for the completion of the required VA PIV process. Contractors must comply with the requirements.

· Employees without PIV cards will not be allowed to work in the facility.

4.3 Training and Certification:

· The contractor shall ensure all employees, including alternate employees, are qualified to perform the duties of this PWS, receive training appropriate for work in a medical setting.

4.4 Staffing Requirements:

· Rosters of all regular and alternate/backup employees will be provided to the COR, before the start date to ensure that these employees have PIV cards and DME training before their starting date. Employees who do not meet the above requirements are not allowed to work in the facility.

· Contractor should maintain a list of backup employees who are trained and qualified to work at the VA in case replacements are needed.

4.5 Contractor POC:

· The contractor shall appoint a contractor POC to keep the contractor HR informed of attendance status to take actions accordingly.

4.6 Uniform:

· All contractor personnel shall be in a contractor uniform, which shall be clearly distinguishable from all VA facility uniforms. The uniforms should include a shirt, long pants, and close shoes. Uniforms must be worn while working on campus.

4.7 Personal Hygiene:

· Contractor personnel shall maintain high standards of personal hygiene:

· Free of body odor and wear clean uniform/clothing each day.

· Fingernails must be clean and free of dirt.

· Hair must be clean and neatly combed.

· Jewelry must be kept to a minimum.

4.8 ID Badges:

· All contractors must always wear their VA PIV card at work.

· Employees must display their badge on the upper torso, picture side out always. Failure to wear a badge is grounds for removal from the site.

· Lost/stolen keys and ID badges must be reported to contractor supervisor and COR immediately. Contractor employees must apply for the daily temporary badge from the VA police department until PIV badge is replaced.

· Contractor HR need to inform COR of any employees that resigned or terminated. The contractor POC will collect the PIV badge and return to COR.

4.9 Contractor Employee Health:

· The contractor must report all necessary information to ensure compliance with JCAHO, OSHA, NIOSH, and CDC employee health records requirements.

· The Contractor is expected to be in good physical health and able to work in patient care areas without risk to the patients. The Contractor shall not be assigned to this contract if not in good physical health or pose a risk to patients. The Contractor who acquires a communicable illness shall not perform service under the contract and shall be free of illness and cleared by a physician before returning to work.

· Facility may conduct nose and throat cultures for contractor personnel as required by the Infection Control Committee (ICC).

· Facility employee health policies and regulations will be provided by the COR on request.

4.10 Miscellaneous:

· Contractor personnel shall not consume food, snacks, drinks, or tobacco products except during specified break periods in appropriate designated areas.

· Unauthorized smoking, eating, theft, or pilferage by Contractor personnel is grounds for immediate removal from the VA medical facility premises for the contract’s duration.

Section 5: Training 5.1: No contractor personnel may begin work on this contract until they have received initial orientation and training from the VA EMS Training Officer or Supervisor. The contractor POC needs to coordinate with COR to schedule the VA training with the VA Training Officer. The contractor is responsible for ensuring that their personnel training does not conflict with the daily required FTEs.

5.2: DME training shall commence prior to starting work and must be completed before work begins. The VA DME training program requires 5 days, 8 hours per day and 100% attendance. The training topics include but are not limited to the following:

· A general orientation on basic bacteriological concepts, including the basics of how disease is caused, transmitted, and how it can be prevented, reduced, or contained through proper environmental sanitation methods.

· Proper use and handling of germicidal detergents, supplies, and equipment.

· Care and maintenance of Contractor and government-furnished property.

· Familiarization with local fire prevention and safety procedures.

· Familiarization with applicable facility policies/regulations and their effect on sanitation services.

· Familiarization with the Contractor’s Procedure Manual.

5.3 Documentation: the COR will keep the training attendance provided by the VA EMS Training Officer. Employee names not on this record will not be allowed to work in the contract.

Section 6: Tasks

6.1 Removal of Material and Equipment: Supplies and equipment are to be stored at the end of each workday only in designated areas. All empty containers and boxes are to be removed to a location(s) designated by the VA personnel.

6.2 Safe Preparation and Use of Supplies and Equipment: Cleaning supplies shall be prepared according to the manufacturer’s recommendation. Cleaning equipment, such as vacuums and floor polishers, are to be used for the purpose for which they were designed. The contractor shall ensure all personnel associated with this cleaning and disinfecting equipment are in proper personal protective equipment, including during bodily fluid cleanup operations.

6.3 Bodily Fluid Clean-Up: The contract shall ensure waste from bodily fluid clean-up is disposed of in accordance with Hospital Regulated Medical Waste (RMW) procedures.

6.4 Warning Signs and Protective Barriers: Signs should be placed in all directions to warn others of potentially hazardous work being performed (e.g., wet floors). Barriers shall be placed to protect people, property, and equipment.

6.5 Repair Damage: All damage equipment needs to be reported to the VA EMS supervisor Immediately.

6.6 Building Security/Keys: The Contractor shall be provided with keys or allowed access to all buildings and rooms/areas requiring cleaning. The Government may choose to accompany Contractor personnel when in certain secured areas. Keys provided to the Contractor shall not be duplicated nor removed from the premises of the VA Palo Alto. All keys not issued for the day shall be retained in the designated locked key box. The Contractor shall be responsible for immediately reporting the occurrence of a lost key to the VA EMS supervisor.

Contractor’s employees shall not allow anyone to use any key in their possession. They shall not open locked rooms or areas to permit entrance by persons other than Contractor employees performing assigned duties. All rooms/areas unlocked for cleaning shall not be left unattended during the cleaning process and shall be locked by Contractor personnel after completion of cleaning duties.

When leaving the work area, Contractor’s personnel shall turn off all lights if the area is unoccupied, unless otherwise directed by the COR. When Contractor’s personnel open windows or doors, they will close and lock/secure them before leaving the area.

6.7 Conservation of Utilities: The Contractor shall be responsible for operating under conditions that preclude the waste of utilities, which shall include:

· Mechanical equipment controls for heating, ventilation, and air conditioning systems shall not be adjusted by Contractor’s personnel unless otherwise directed by the COR.

· Water faucets or valves shall be turned off after the required usage has been accomplished.

· Government telephones should not be used for personal reasons.

6.8 Confidentiality of Information: In a health care setting, there are opportunities to view patients and provide specific information. Contractor personnel must comply with Federal Confidentiality Regulations (Privacy Act and Title 38 U.S.C. 5705) and be aware of the fines (up to $20,000) for disclosure of such protected information.

Section 7: Contractor Quality Control Program Contractor shall follow the Quality Control program by the VA.

7.1 Written work instructions/procedures:

· VA EMS supervisor shall provide required instructions and procedures.

· Compliance with these instructions shall be audited as part of the Contractor’s Quality Program to ensure adherence or timely updates.

· The COR shall be included in document distribution for all formalized changes to the Contractor’s Quality Control Program.

· The COR may request corrective actions to improve the quality of patient care to address any damage to the facility.

7.2 Inspection system:

· Contractor work will be checked by VA EMS supervisor.

· This system should include, at a minimum, daily sampling inspections of equipment and rooms.

Section 8: Quality Assurance Monitoring 8.1: The Government will monitor the contractor’s performance and attendance to assure that the performance thresholds and standards of performance are met in accordance with the performance work statements and the Quality Assurance Surveillance Plan (QASP). Invoice amounts will be deducted if the staffing agreement is not met.

In accordance with FAR 52.212-4 (a) “Inspection/Acceptance” the Government reserves the right to inspect or test any supplies or services that have been tendered for acceptance.

8.2: The COR will evaluate the services required by each task order to ensure compliance.

8.3: The contractor shall perform all work required by the task orders in a satisfactory manner in accordance with the appropriate SOW task order sheet. The COR will not consider the task completed until all deficiencies have been corrected.

8.4: The COR will receive complaints from facility personnel and pass them on to the contractor’s quality inspector for correction.

8.5 Performance Evaluation Meetings: The CO may require the contract manager to meet with the CO, COR, and other government personnel as deemed necessary. The contractor may request a meeting with the CO when he or she believes such a meeting is necessary. Written minutes of any such meeting shall be recorded by the COR, and will be signed by at least the contractor's Certified Executive Housekeeper (C.E.H.), the CO, and the COR. If the Contractor does not concur with any portion of the minutes, such non-concurrence shall be provided in writing to the Contracting Officer within 10 calendar days following receipt of the minutes.

Section 9: Safety Requirements The California Division of Occupational Safety and Health has identified the minimum worker safety standards and related training that are required by State law, and that are applicable to all private sector employers. All contractors providing service at VA facilities shall be in compliance with the California Code of Regulations "General Industry Safety Orders" (CAL/OSHA) sections.

Section 10: Biohazardous Waste Handling 10.1: Contractors may be required to handle biohazardous waste. All biohazardous waste shall be collected and removed by contractor personnel in a transport cart separate from general refuse and will be delivered to a locked storage container designated by the VA as needed. Waste will be stored in this area until destroyed, treated, or picked up by a licensed contractor. Contractor personnel must wear appropriate PPE during any handling of waste. Chemotherapy waste is designated as biohazardous waste by the Facility Waste Management Program and shall be picked up by Contractor personnel and treated in the same manner as biohazardous waste.

10.2: All waste receptacles/containers and holding areas shall be cleaned daily, and as needed, seven (7) days per week. Cleaning of the biohazardous waste storage area will be accomplished using an ICC-approved germicidal detergent to ensure floors, walls, and ceilings are clean. Cleaning of the area/room containing the biohazardous waste treatment or destruction equipment will also be accomplished on the same schedule. Waste holding areas will be kept secure.

10.3: Contract personnel will apply barcode labels (supplied by the biohazardous waste contractor) to biohazardous waste containers prior to pick up by a licensed contractor.

Section 11: Emergency/Disaster Situations 11.1: During extreme emergencies/disaster situations, it may be necessary to direct contractor employees on cleaning procedures appropriate to address a contingency situation. Any additional costs will be handled under an equitable adjustment to the contract. COR will coordinate actions with the Contracting Office. Only the Contracting Officer has the authority to make changes to the terms and conditions of the contract, and those changes will be made by written agreement by both parties in accordance with FAR 52.212-4(c).

11.2 Response to VA Staff Requests/Emergency:

· Response shall begin within 10 minutes of notification.

· The Contractor shall provide a response due to need for performance, re-performance, or late performance of defectiveness of daily cleaning.

· For determining the timeliness of response, the Contractor's normal duty hours are any time the Contractor is required to have employees assigned to be working at the facility.

Section 12: Designation of Contracting Officer Representative (COR) A Representative of the contracting Officer (COR) will be designated to represent the Contracting Officer (CO) in furnishing guidance and advice under this contract. The foregoing is not construed as authorization to interpret or furnish advice and information to the Contractor relative to the financial or legal aspect of the contract.

Those matters are the responsibility of the CO and shall not be delegated. The CO is responsible for the administration of this contract. The CO is the only individual authorized, to the extent indicated in this contract, to take actions on behalf of the Government, which may result in changes in the contract terms, including deviation from the performance statements, details, and performance schedules. Communications pertaining to contractual matters shall be addressed to the CO. No changes in or deviation from the scope of work shall be effected without a written modification to the contract executed by the CO. No oral statements of any person whatsoever will in any manner or degree modify or otherwise affect the terms of this contract. In the event the contractor effects any such change at the direction of any person other than the Contracting Officer, the change shall be considered to have been made without authority, and no adjustments will be made in the contract price to cover any increase in costs incurred as a result thereof.

Section 13: VA Regulations/Manual/Instructions Security Clearances, Access Controls, Identification Badges, Facility Policies Concerning Fire/Disaster Programs:

· Parking Requirements

· Infection Control Manual

· Other as directed by COR.

Section 14: Applicable Publications and Forms The Contractor is obligated to follow these regulations and subsections to the extent they are applicable to the service required by this contract. VA publications will be furnished to the Contractor by the Functional Area Chief or COR at the start of the contract and can be reviewed prior to the award of the contract at any VA Medical Facility. Contractors are responsible for obtaining the other documents. Supplements or amendments to the VA publications may be issued during the life of the contract, they will be in full force and effective immediately upon receipt by the Contractor. It is the Contractor’s responsibility to ensure all publications are posted and up to date.

36C26126Q0365

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SECTION C - CONTRACT CLAUSES

C.1 52.212-4 CONTRACT TERMS AND CONDITIONS—COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES (DEVIATION OCT 2025)

(a) Definitions. The clause at Federal Acquisition Regulation (FAR) 52.202-1, Definitions, is incorporated by reference.

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

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

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

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

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

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

(f) Excusable delays. The Contractor shall be liable for default unless nonperformance is caused by an occurrence beyond the reasonable control of the Contractor and without its fault or negligence. Examples of occurrences include acts of God or the public enemy, acts of the Government in either its sovereign or contractual capacity, fires, floods, epidemics, quarantine restrictions, strikes, unusually severe weather, and delays of common carriers. When an excusable delay occurs, the Contractor shall—

(1) Notify the Contracting Officer in writing as soon as possible;

(2) Remedy the delay as quickly as possible; and

(3) Notify the Contracting Officer when the occurrence is over.

(g) Invoice. The Government will handle invoices according to the Prompt Payment Act (31 U.S.C. 3903) and 5 CFR part 1315. The Contractor shall submit invoices to the address designated in the contract to receive invoices. An invoice must include the information required by 5 CFR part 1315.9(b).

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

(i) Payment—

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

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

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

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

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

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

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

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

(D) Contractor point of contact; and

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

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

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

(iii) Final decisions. The Contracting Officer will issue a final decision as required by FAR part 33 if–

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

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

(C) The Contractor requests a deferment of collection on a debt previously demanded by the Contracting Officer (see FAR part 32).

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

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

(A) The date fixed under this contract.

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

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

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

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

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

(vii) The interest charge made under this clause may be reduced under the procedures for interest credits prescribed in FAR part 32 in effect on the date of this contract.

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

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

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

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

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

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

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

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

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

(q) Compliance with laws unique to Government contracts. The Contractor agrees to comply with 31 U.S.C. 1352 relating to limitations on the use of appropriated funds to influence certain Federal contracts; 40 U.S.C. chapter 37, Contract Work Hours and Safety Standards; 41 U.S.C. chapter 87, Kickbacks; 49 U.S.C. 40118, Government-financed air transportation; and 41 U.S.C. chapter 21 relating to procurement integrity.

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

(1) The schedule of supplies/services;

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

(3) Other contract clauses incorporated in the solicitation or contract;

(4) Addenda to this solicitation or contract;

(5) Solicitation provisions incorporated in the solicitation;

(6) Other paragraphs of this clause;

(7) Other documents, exhibits, and attachments; and

(8) The specification.

(s) Unauthorized obligations.

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

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

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

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

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

(t) Comptroller General examination of record. This paragraph applies if this contract was awarded using other than sealed bid procedures and is in excess of the simplified acquisition threshold on the date of award of this contract.

(1) The Comptroller General of the United States, or an authorized representative of the Comptroller General, shall have access to and right to examine any of the Contractor’s directly pertinent records involving transactions related to this contract.

(2) The Contractor shall make available at its offices, at all reasonable times, the records, materials, and other evidence for examination, audit, or reproduction, until 3 years after final payment under this contract or for any shorter period specified in FAR part 4, longer period required by statute, or periods specified in other clauses of this contract. If this contract is completely or partially terminated, the records relating to the work terminated shall be made available for 3 years after any resulting final termination settlement.