36C26219R0147-001.pdf

PAGE 1 OF 1. REQUISITION NO.

2. CONTRACT NO. 3. AWARD/EFFECTIVE DATE 4. ORDER NO. 5. SOLICITATION NUMBER 6. SOLICITATION ISSUE DATE

a. NAME b. TELEPHONE NO. (No Collect Calls) 8. OFFER DUE DATE/LOCAL

TIME

9. ISSUED BY CODE 10. THIS ACQUISITION IS UNRESTRICTED OR SET ASIDE: % FOR:

SMALL BUSINESS

HUBZONE SMALL

BUSINESS

SERVICE-DISABLED

VETERAN-OWNED

SMALL BUSINESS

WOMEN-OWNED SMALL BUSINESS

(WOSB) ELIGIBLE UNDER THE WOMEN-OWNED

SMALL BUSINESS PROGRAM

EDWOSB

8(A)

NAICS:

SIZE STANDARD:

11. DELIVERY FOR FOB DESTINA-

TION UNLESS BLOCK IS

MARKED

SEE SCHEDULE

12. DISCOUNT TERMS

13a. THIS CONTRACT IS A

RATED ORDER UNDER

DPAS (15 CFR 700)

13b. RATING

14. METHOD OF SOLICITATION

RFQ IFB RFP

15. DELIVER TO CODE 16. ADMINISTERED BY CODE

17a. CONTRACTOR/OFFEROR CODE FACILITY CODE 18a. PAYMENT WILL BE MADE BY CODE

TELEPHONE NO. DUNS: DUNS+4:

PHONE: FAX:

17b. CHECK IF REMITTANCE IS DIFFERENT AND PUT SUCH ADDRESS IN OFFER

18b. SUBMIT INVOICES TO ADDRESS SHOWN IN BLOCK 18a UNLESS BLOCK BELOW IS CHECKED

SEE ADDENDUM

19. 20. 21. 22. 23. 24.

ITEM NO. SCHEDULE OF SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

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

25. ACCOUNTING AND APPROPRIATION DATA 26. TOTAL AWARD AMOUNT (For Govt. Use Only)

27a. SOLICITATION INCORPORATES BY REFERENCE FAR 52.212-1, 52.212-4. FAR 52.212-3 AND 52.212-5 ARE ATTACHED. ADDENDA ARE ARE NOT ATTACHED.

27b. CONTRACT/PURCHASE ORDER INCORPORATES BY REFERENCE FAR 52.212-4. FAR 52.212-5 IS ATTACHED. ADDENDA ARE ARE NOT ATTACHED

28. CONTRACTOR IS REQUIRED TO SIGN THIS DOCUMENT AND RETURN _______________ 29. AWARD OF CONTRACT: REF. ___________________________________ OFFER COPIES TO ISSUING OFFICE. CONTRACTOR AGREES TO FURNISH AND DATED ________________________________. YOUR OFFER ON SOLICITATION DELIVER ALL ITEMS SET FORTH OR OTHERWISE IDENTIFIED ABOVE AND ON ANY (BLOCK 5), INCLUDING ANY ADDITIONS OR CHANGES WHICH ARE ADDITIONAL SHEETS SUBJECT TO THE TERMS AND CONDITIONS SPECIFIED SET FORTH HEREIN IS ACCEPTED AS TO ITEMS:

30a. SIGNATURE OF OFFEROR/CONTRACTOR 31a. UNITED STATES OF AMERICA (SIGNATURE OF CONTRACTING OFFICER)

30b. NAME AND TITLE OF SIGNER (TYPE OR PRINT) 30c. DATE SIGNED 31b. NAME OF CONTRACTING OFFICER (TYPE OR PRINT) 31c. DATE SIGNED

AUTHORIZED FOR LOCAL REPRODUCTION (REV. 2/2012)

PREVIOUS EDITION IS NOT USABLE Prescribed by GSA - FAR (48 CFR) 53.212

7. FOR SOLICITATION

INFORMATION CALL:

STANDARD FORM 1449

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

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS 60

600-19-3-5137-0149

600-19-4-5665-0095

36C26219R0147 08-07-2019

Ryoko Oshiro Foran 08-20-2019

10:00AM PDT

00262 Department of Veterans Affairs Network Contracting Office 22 4811 Airport Plaza Drive Suite 600 Long Beach CA 90815

X

562111

$38.5 Million

N/A

X

Department of Veterans Affairs The VA Long Beach Healthcare System 5901 E. 7th st

Long Beach CA 90822

00262

Department of Veterans Affairs Network Contracting Office 22 4811 Airport Plaza Drive Suite 600 Long Beach CA 90815

Department of Veterans Affairs Financial Services Center www.tungsten-network.com/us/en

See CONTINUATION Page

Contractor shall provide General Waste Removal and Disposal Services for the VA Long Beach Healthcare System.

Site visit is scheduled as:

08-12-2049 (Monday) at 10:30AM(PDT) Location: Bldg 5, VA Long Beach Healthcare System Please RSVP your attendance to Ryoko Foran at Ryoko.Foran@va.gov by 08-12-2019 at 08:00AM(PDT).

See enclosed schedule for services and price.

See CONTINUATION Page

X x 1

36C26219R0147

Table of Contents

SECTION A

A.1 SF 1449 SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS

SECTION B - CONTINUATION OF SF 1449 BLOCKS

B.1 CONTRACT ADMINISTRATION DATA

B.2 SCHEDULE OF SERVICES AND PRICES

B.3 STATEMENT OF WORK

SECTION C - CONTRACT CLAUSES

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

2018)

C.2 52.216-18 ORDERING (OCT 1995)

C.3 52.216-19 ORDER LIMITATIONS (OCT 1995)

C.4 52.216-22 INDEFINITE QUANTITY (OCT 1995)

C.5 52.217-8 OPTION TO EXTEND SERVICES (NOV 1999)

C.6 52.217-9 OPTION TO EXTEND THE TERM OF THE CONTRACT (MAR 2000)

C.7 SUPPLEMENTAL INSURANCE REQUIREMENTS

C.8 VAAR 852.232-72 ELECTRONIC SUBMISSION OF PAYMENT REQUESTS (NOV

2018)

C.9 VAAR 852.237-70 CONTRACTOR RESPONSIBILITIES (APR 1984)

C.10 52.252-2 CLAUSES INCORPORATED BY REFERENCE (FEB 1998)

C.13 52.212-5 CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT

STATUTES OR EXECUTIVE ORDERS—COMMERCIAL ITEMS (MAY 2019)

SECTION D - CONTRACT DOCUMENTS, EXHIBITS, OR ATTACHMENTS

SECTION E - SOLICITATION PROVISIONS

E.1 52.212-1 INSTRUCTIONS TO OFFERORS—COMMERCIAL ITEMS (OCT 2018)

E.2 ADDENDUM TO FAR 52.212-1 INSTRUCTIONS TO OFFERORS – COMMERCIAL

ITEMS

E.2 52.212-2 EVALUATION – COMMERCIAL ITEMS (OCT 2014)

E.2 52.209-7 INFORMATION REGARDING RESPONSIBILITY MATTERS (OCT 2018)

E.3 52.216-1 TYPE OF CONTRACT (APR 1984)

E.4 52.233-2 SERVICE OF PROTEST (SEP 2006)

E.5 VAAR 852.215-70 SERVICE-DISABLED VETERAN-OWNED AND VETERAN-

OWNED SMALL BUSINESS EVALUATION FACTORS (JUL 2016)(DEVIATION)

E.6 VAAR 852.233-70 PROTEST CONTENT/ALTERNATIVE DISPUTE RESOLUTION

(OCT 2018)

E.7 VAAR 852.233-71 ALTERNATE PROTEST PROCEDURE (OCT 2018)

E.8 52.252-1 SOLICITATION PROVISIONS INCORPORATED BY REFERENCE (FEB

1998)

E.9 52.212-3 OFFEROR REPRESENTATIONS AND CERTIFICATIONS—COMMERCIAL

ITEMS (OCT 2018)

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 36C262 Department of Veterans Affairs Network Contracting Office 22 4811 Airport Plaza Drive Suite 600 Long Beach CA 90815

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

[X] 52.232-33, Payment by Electronic Funds Transfer—System For Award Management, or

[] 52.232-36, Payment by Third Party

3. INVOICES: Invoices shall be submitted in arrears:

a. Quarterly []

b. Semi-Annually []

c. Other [X] Monthly

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

Department of Veterans Affairs Financial Services Center www.tungsten-network.com/us/en

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

AMENDMENT NO DATE

B.2 SCHEDULE OF SERVICES AND PRICES

This is an indefinite delivery, indefinite quantity, (IDIQ) hourly fixed-price contract. Prices in this schedule represent an all-inclusive rate including labor, incidental costs, overhead, and insurance premium payments for applicable insurance coverage. Costs not incorporated into the contractor’s price will not be reimbursed by the Government.

The guaranteed minimum amount for this contract is $1,000.00. The maximum aggregate value of the orders that can be placed under this contract is $1,200,000.00. The Government does not guarantee that it will place any orders under this contract in excess of the guaranteed minimum amount.

The current year pricing will apply to any extension pursuant to the exercise of FAR 52.217-8.

There shall be two funded task orders for each contract year: One for line items 0001, 1001, 2001, 3001, 4001, 0003, 1003, 2003, 3003, 4003, 0004, 1004, 2004, 3004, and 4004 and an additional task order for 0002, 1002, 2002, 3002, 4002, 0004, 1004, 2004, 3004, and 4004 (both task order will have the fourth line item).

BASE YEAR: SEPTEMBER 1, 2019 – AUGUST 31, 2020

CLIN Description Unit Unit Price

0001 Solid Waste Pickup at VA Long Beach Healthcare System

WK $

0002 Solid Waste Pickup at VA Long Beach Healthcare System (Water Tower close to Bldg.88 and Per Interior Design Section Instruction only)

WK $

0003 Quarterly Steam Cleaning of TWO (2) Contractor-owned Compactors (Location:

Bldg. 2 Basement and Bldg. 2 Canteen Loading Dock.)

QT $

0004 Tonnage: Approx. 246 ton per month.

(NOTE: Contractor shall charge a pick-up Charge separate from the price per actual ton charge.)

TON $

OPTION PERIOD 1: SEPTEMBER 1, 2020 – AUGUST 31, 2021

1001 Solid Waste Pickup at VA Long Beach Healthcare System

WK $

1002 Solid Waste Pickup at VA Long Beach Healthcare System (Water Tower close to Bldg.88 and Per Interior Design Section Instruction only)

WK $

1003 Quarterly Steam Cleaning of TWO (2) Contractor-owned Compactors (Location:

Bldg. 2 Basement and Bldg. 2 Canteen Loading Dock.)

QT $

1004 Tonnage: Approx. 286 ton per month.

(NOTE: Contractor shall charge a pick-up Charge separate from the price per actual ton

OPTION PERIOD 2: SEPTEMBER 1, 2021 – AUGUST 31, 2022

CLIN Description Unit Unit Price

2001 Solid Waste Pickup at VA Long Beach Healthcare System

WK $

2002 Solid Waste Pickup at VA Long Beach Healthcare System (Water Tower close to Bldg.88 and Per Interior Design Section Instruction only)

WK $

2003 Quarterly Steam Cleaning of TWO (2) Contractor-owned Compactors (Location:

Bldg. 2 Basement and Bldg. 2 Canteen Loading Dock.)

QT $

2004 Tonnage: Approx. 286 ton per month.

(NOTE: Contractor shall charge a pick-up Charge separate from the price per actual ton

OPTION PERIOD 3: SEPTEMBER 1, 2022 – AUGUST 31, 2023

3001 Solid Waste Pickup at VA Long Beach Healthcare System

WK $

3002 Solid Waste Pickup at VA Long Beach Healthcare System (Water Tower close to Bldg.88 and Per Interior Design Section Instruction only)

WK $

3003 Quarterly Steam Cleaning of TWO (2) Contractor-owned Compactors (Location:

Bldg. 2 Basement and Bldg. 2 Canteen Loading Dock.)

QT $

3004 Tonnage: Approx. 286 ton per month.

(NOTE: Contractor shall charge a pick-up Charge separate from the price per actual ton

OPTION PERIOD 4: SEPTEMBER 1, 2023 – AUGUST 31, 2024

4001 Solid Waste Pickup at VA Long Beach Healthcare System

WK $

4002 Solid Waste Pickup at VA Long Beach Healthcare System (Water Tower close to Bldg.88 and Per Interior Design Section Instruction only)

WK $

4003 Quarterly Steam Cleaning of TWO (2) Contractor-owned Compactors (Location:

Bldg. 2 Basement and Bldg. 2 Canteen Loading Dock.)

QT $

4004 Tonnage: Approx. 286 ton per month.

(NOTE: Contractor shall charge a pick-up Charge separate from the price per actual ton

B.3 STATEMENT OF WORK

1. GENERAL:

The Contractor shall provide Contractor-owned Self-contained compactors and open containers for General Waste Removal and provide Disposal Services at the VA Long Beach Healthcare System (VALBHS), 5901 E. 7th Street, Long Beach, CA 90822. The estimated amount of compacted and general waste to be picked up and disposed of by the Contractor is approximately 286 tons per month.

The Contractor shall provide all labor, supervision, containers/bins, equipment, supplies, trucks, compactors, fuel and insurance to provide all services stated in this Statement of Work (SOW).

Prices listed in the schedule are to be all inclusive for all equipment, supplies, and services provided. Additional charges such as delivery fees, environmental fees, hazardous waste fees, fuel surcharges, relocation of trash containers on VA grounds, etc. shall NOT be billed for, or collected from the Government for orders received under this contract.

2. DEFINITION OF TRASH:

The term "trash" as used herein shall mean all debris and waste accumulated at the VALBHS, including papers, cartons, metals, glasses, floor sweepings, woods, coffee grounds, tree leaves, cardboard containers, citrus rinds, melon rinds, fruits, and other non-edible garbage, and; is not considered to harbor any viable pathogens nor hazardous materials. Trash does not include medical waste unless it has been rendered non-infectious by autoclaving, or; using a liquid treatment system.

3. CONTRACTOR-OWNED TRASH COMPACTOR TRUCKS:

The Contractor shall provide a rear loader truck that is compatible with Contractor-owned compactors, and a front loader truck capable of performing the tasks outlined in this contract.

All trucks used by the Contractor shall be equipped with a back-up bell, or similar warning device, to alert pedestrians and other traffic when the vehicle is backing up.

The trucks shall not dispose of or drain off liquid accumulation on VA grounds. The Contractor's personnel shall immediately clean up any oil spills, or other fluids, caused by malfunctions of the engine or hydraulics. The Contractor's personnel shall pick-up and clean up all loose trash upon separation of each container or compactor to leave the area clean.

The Contractor shall be responsible for the storage and maintenance of their trucks. The Contractor's personnel shall not leave vehicles on the VA facility grounds.

4. CONTRACTOR-OWNED COMPACTORS AND CONTAINERS:

The Contractor shall furnish the required number of compactors and containers in the approximate sizes, types, and configurations listed in the TABLE 1- CONTRACTOR OWNED CONTAINER LOCATION AND TRASH PICK-UP DISPOSAL SERVICE SCHEDULE in Paragraph 10 of this SOW. The Government shall approve, in writing, all compactor/container styles, and types prior to placement.

The compactors/containers shall be newly painted and be of an acceptable appearance. The compactors/containers shall be kept neat in appearance and repaired and painted as appropriate (i.e. the appearance of rust spots, stains, excessively chipped areas, punctured holes, missing covers, lids or doors, etc.). The Contractor' s driver shall be responsible for identifying required repairs. Compactors/containers not suitable because of age or condition shall be replaced within seven (7) business days from the date the notification is submitted to the Contractor by the Contracting Officer's Representative (COR) or the Contracting Officer.

The Contractor furnished dumpsters/containers shall be fitted with a molded PVC plastic top to allow easy access to deposit refuse and pose no danger to patients or employees. The lid shall be light in weight and easy to lift and close.

The compactors/containers shall remain at the designated locations indicated herein for the duration of the contract unless otherwise directed, in writing, by the Contracting Officer or the

COR.

5. INITIAL DELIVERY OF CONTRACTOR-OWNED COMPACTORS AND

CONTAINERS:

Within two (2) business days prior to the effective date of the contract, the Contractor shall arrange with the COR to have their containers delivered to the designated sites on the VA grounds.

6. SANITARY CONDITIONS COMPLIANCE:

The Contractor shall be required to dispose of the trash in such a manner that shall not create conditions detrimental to public health or to constitute a public nuisance. The Contractor shall abide with all federal, state, and local laws, rules, and regulations governing removal and hauling of waste materials.

Collections must be made in containers which must be fully enclosed, rat-proof, leak proof and fire retardant.

Containers must be kept clean, sanitized, and after dumping, lids must be closed. Any trash or garbage scattered by the Contractor, or their equipment on the facility’s grounds must be picked-up and disposed of properly.

7. SAFETY REQUIREMENTS:

The Contractor shall take such safety precautions as the COR determines reasonably necessary to protect the lives and health of all personnel on VA property.

The Contractor shall use only established roads or driveways in the performance of this contract and shall be responsible for any damages or VA traffic violations.

8. LANDFILL:

Trash collected under the terms of this contract shall be disposed of at a permitted landfill under the provisions and guidelines set forth by the California Integrated Waste Management Board. All offerors shall furnish proof of guaranteed available dumping privileges with their proposal.

Once contract award has been made, the VA reserves the right to request proof of guaranteed available dumping privileges from the Contractor at any time during the contract period. All costs associated with the landfill will be included in the unit prices proposed by the Contractor.

9. WEIGHT TICKETS:

The Contractor shall provide a record (weight ticket) of the actual weight of refuse picked-up and delivered to the landfill. Weight tickets shall indicate the weight of general waste and trash removed from the VA. Waste generated by the VA shall not be co-mingled/hauled in the same trash compactor truck with waste generated by other facilities or agencies serviced by the Contractor.

The Contractor shall provide all refuse weight tickets to Bldg. 5, Room 100-Q no later than the 5th workday of the following month from when services were provided. Invoices will not be paid unless valid weight tickets are received.

10. TRASH PICK-UP SCHEDULE AND TIME:

The Contractor shall provide the various types and sizes of Contractor-owned containers, pick-up and dispose all General Waste as outlined in TABLE 1 – CONTRACTOR OWNED CONTAINER LOCATION AND TRASH PICK-UP DISPOSAL SERVICE SCHEDULE for individual stops and size of containers.

If a scheduled pick-up falls on a National Holiday, the Contractor shall provide trash pick-up services on the following business day, or on a date that is mutually agreeable with the COR.

Pick-Up Times are as follows:

(A) Pick-up shall be no later than 6:00 AM and returned no later than 8:00 AM for the Government-owned compactor located at Bldg. 2, Basement (Item Number #1 of Attachment 1).

(B) Pick-up shall be between the hours of 6:00 AM and 7:00 AM and returned no later than 8:00 AM for the Government-owned compactor located at Bldg. 2, Loading Dock (Item #2 of Attachment 1).

(C) Pick-up shall be between the hours of 7:00AM and 11:00 AM for all other containers not listed in (a) or (b) above.

See TABLE 1 – CONTRACTOR OWNED CONTAINER LOCATION AND TRASH PICK- UP DISPOSAL SERVICE SCHEDULE for the list of dumpster locations, sizes, and pick-up schedules.

TABLE 1 – CONTRACTOR OWNED CONTAINER LOCATION AND TRASH PICK-UP

DISPOSAL SERVICE SCHEDULE

Location Number

DESCRIPTION OF

SUPPLIES/SERVICES

Pick-up Location Pick-up Days

1 ONE (1) 34-Cubic Yard Contractor-owned Self-contained Compactor.

Bldg. 2, Basement

Every Monday, Wednesday & Friday

2 ONE (1) 34-Cubic Yard Contractor-owned Self-contained Compactor.

Bldg. 2, Canteen Loading Dock

Every Monday, Wednesday & Friday

3 FOUR (4) 3-Cubic Yard Contractor-owned Open Containers.

Bldg. 164 Every Monday, Wednesday & Friday

4 ONE (1) 40-Cubic Yard Contractor-owned Open Dumpster.

Bldg. 149, Network Business Center

Every Wednesday

5 TWO (2) 4-Cubic Yard Contractor-owned Containers.

Bldg. 150, Loading Dock

Every Monday, Wednesday & Friday

6 ONE (1) 3-Cubic Yard and ONE (1) 4-Cubic Yard Contractor-owned Containers.

Bldg. 2, Canteen Dock

Every Tuesday & Friday

7 ONE (1) 3-Cubic Yard Contractor-owned Containers.

Fisher House (the corner of Pine Road & Service Rode).

Every Tuesday & Friday

8 ONE (1) 3-Cubic Yard Contractor-owned Container.

Bldg. 5, Basement

Every Friday

9 ONE (1) 3-Cubic Yard Contractor-owned Containers.

Bldg. 5, Loading Dock

Every Tuesday & Friday

10 ONE (1) 3-Cubic Yard Contractor-owned Container.

Bldg. 3, North Side

Every Tuesday & Friday

11 ONE (1) 3-Cubic Yard Contractor- owned Container.

Bldg. 47, Housekeeping Quarters

Every Monday, Wednesday & Friday

12 TWO (2) 3-Cubic Yard Contractor-owned Containers.

104 pick-ups per each container.

Bldg. 6, Loading Dock

Every Tuesday & Friday

Location Number

DESCRIPTION OF

SUPPLIES/SERVICES

Pick-up Location Pick-up Days

13 TWO (2) 3-Cubic Yard Contractor-owned Containers – 156 pick-ups per each container

Bldg. 138, Research

Every Monday, Wednesday & Friday

14 TWO (2) 3-Cubic Yard Contractor-owned Containers – 52 pick-ups per each container

Bldg. 50, Adjacent to Bldg.

Every Friday

15 ONE (1) 40-Yard Roll-off Contractor-owned Open Dumpster.

Bldg. 88 close to Water Tower

Every Friday

16 ONE (1) 40-Yard Roll-off Contractor-owned Open Dumpster.

Per instruction by the Interior Designer Section

ON CALL

11. TRASH PICK-UP AS-NEEDED BASIS:

Due to remodeling, new construction, relocation of using services or increase in hospital performances/services, it is deemed impossible to determine the exact amount of trash pick-ups that will be required to maintain the quality of Contractor-owned containers. It is not unexpected that additional trash pick-up services may be requested on an as-needed basis to keep the trash containers from overflowing and creating a hazardous situation. Any additional pick-ups shall be scheduled with the Contractor as noted below.

The COR, VA Environmental Management, or VA Interior Design personnel shall fax/e-mail or phone in their requests for pick-up to the number and/or e-mail address that the Contractor indicates below.

The Contractor shall be required to respond to the request for pick-up within two (2) hours after the VA faxes/e-mails the request. The request shall indicate the size of the container, type of container, building location, name and phone number of VA personnel point of contact. All requests for as-needed pick-up or additional pick-up shall be made on the following calendar day. All extra pick-ups will be invoiced at the same price quoted for the scheduled pick-ups.

Contractor Phone No: _________________________

Contractor Fax No: _________________________

E-mai ls addresses: _________________________

12. MISSED PICK-UP:

Upon discovery that a pick-up was missed, the COR, VA Environmental Management, or VA Interior Design personnel shall e-mail, fax, or phone in the notice of a missed pick-up to the Contractor. The Contractor shall return to the VA and pick-up the container on the same day and shall notify the COR when the pick-up has been completed.

13. CONTRACTOR'S RESPONSIBILITY:

It is the responsibility of the Contractor to provide all services in accordance with applicable solid waste disposal codes and regulations; including the payment of any applicable fees that are mandated by the City, State, Federal, etc. in order for the Contractor to retain his/her permit and/or license.

14. STEAM CLEANING OF CONTRACTOR-OWNED COMPACTORS:

The Contractor's personnel shall call the VA Engineering staff at (562) 826-5955 to report-in before the commencement of the steam cleaning of the two (2) Contractor-owned Self-contained Compactors located at Bldg.2, Basement and Canteen Loading Dock (see Attachment 1 for the locations). The compactors and the general area around the compactors shall be cleaned in accordance with commercial practices and standards on a quarterly basis.

15. QUALITY CONTROL:

It is the Contractor's responsibility to provide a quality control mechanism to ensure that work performance conforms to the requirements of the contract. The name and telephone number of the quality control person(s) shall be submitted with their proposal. When the quality control person has been contacted he/she shall respond within two hours after being notified, if after 2:00 pm he/she shall respond on the next business day.

16. RELOCATION OF CONTAINERS:

Pick-up schedules may be revised due to changes in the location of containers. The Government shall give the Contractor notice, in writing, a minimum of three (3) working days prior to the relocation of containers and subsequent changes in pick-up schedules. The service to relocate containers is part of this contract requirements, and shall be at no additional cost to the Government.

17. REPLACEMENT OF LOST OR DAMAGED CONTAINERS AND/OR EQUIPMENT:

The cost for replacement of broken, damaged or lost containers and/or equipment shall be the responsibility of the Contractor. The Government shall not be liable and/or billed for any replacement of broken, damaged and/or lost containers.

18. CONTRACTOR'S PERSONNEL:

All Contractor personnel assigned to the performance of this contract shall wear a Contractor-provided uniform and badge that clearly identifies the individual as a Contractor. The parties agree that the Contractor personnel working under this contract shall not be considered VA employees for any purpose and shall be considered employees of the Contractor.

The Contractor shall ensure that their employees assigned to this contract, shall be cognizant of the VA’s sexual harassment, drug-free workplace policies and other appropriate federal employment requirements.

The Contractor is responsible for providing fully knowledgeable, trained staff that is competent to meet the requirements of this contract and fulfill all obligations of this contract.

Contractor personnel shall be technically proficient in the skills necessary, to include the ability to understand, speak fluently and comprehend the English language.

Smoking is not permitted on VAGLAHS ground.

All tasks accomplished by the Contractor personnel shall be performed to preclude damage or defacement of Government-owned equipment and facilities. The Contractor shall be responsible for repair or replacement of Government-owned items or facilities to previous condition, if determined to be at fault by the COR.

The Contractor shall be responsible for providing:

(a.) Workers Compensation.

(b) Professional liability insurance.

(c) Health examinations.

(d) Income tax withholding.

(e) Social Security payments.

19. CONTRACTOR POINT OF CONTACT:

The Contractor shall designate one (1) Point of Contact (POC) responsible for administrative matters in the performance of this contract. The POC shall have full authority to act for the Contractor on all matters relating to the daily performance of this contract. An alternate may be designated, but the Contractor shall notify the Contracting Officer and COR in writing those times when the alternate shall act as the POC.

The Contractor shall provide the name and telephone number of the person designated as Point of Contact and Alternate on the space below:

Point of Contact (Full Name):

Telephone Number:

E-mail Address:

Alternate Point of Contact (Full Name):

Telephone Number:

E-mail Address:

20. EVIDENCE OF INSURANCE COVERAGE:

Prior to commencement of work to be performed, the Contractor shall furnish an insurance certificate indicating that the type of coverage, worker’s compensation, professional liability insurance and vehicle insurance has been obtained and that it may not be changed or canceled without a guaranteed thirty (30) day notice to the CO.

The Contractor shall maintain workers compensation and employee’s public liability insurance and vehicle insurance in accordance with the laws of California.

The Contractor shall abide with all applicable Federal and State laws regarding liability for the injury or death of an employee in performing the work under this contract and shall hold the Government harmless against any or all loss, cost, damage, claim expense or liability for accident or injury to persons or property occurring in the performance of this contract.

21. GOVERNMENT HOLIDAYS:

Services shall not be performed on the following National holidays:

New Year’s Day January 01 Martin Luther King’s Birthday Third Monday in January

President’s Day Third Monday in February Memorial Day Last Monday in May

Independence Day July 04 Labor Day First Monday in September

Columbus Day Second Monday in October Veterans Day November 11

Thanksgiving Day Fourth Thursday in November Christmas Day December 25

When a holiday falls on a Sunday, the following Monday will be observed as a legal holiday. When a holiday falls on a Saturday, the preceding Friday is observed as a legal holiday by U.S. Government agencies. Also included, would be any other day specifically declared by the President of the United States of America to be a National Holiday.

22. CONTRACTING OFFICER'S REPRESENTATIVE (COR):

Delegation of Authority letter(s) shall be forwarded to the Contractor after contract award identifying the COR(s) and all representatives of VAGLAHS, SACC and the LAACC authorized to order services and to accept or reject services from the Contractor. This designation shall be furnished in writing to the Contractor prior to commencement of the contract.

The Contractor shall not accept any instructions issued by any other person(s) other than the CO or his/her delegated representative(s) acting within the limits of his/her authority. The COR shall be the Contractor’s primary point-of-contact and shall have limited authority in relation to the contract.

23. AUTHORIZED SERVICES:

The Contractor is advised that only the Contracting Officer, acting within the scope of the contract has the authority to make changes which may affect the contract terms and conditions quality, quantity, price, and/or delivery. The Contractor must contact the Contracting Officer for approval in the event there are changes prior to proceeding. No other individual has the authority to make this binding changes and/or commitments. In the event that the Contractor commits to such changes at the direction of any person other than the Contracting Officer, the changes shall be considered to have been made without proper authority and no adjustment shall be made in contract price to cover any increase in costs incurred as a result thereof.

24. RETURN OF CONTRACTOR'S EQUIPMENT:

Upon contract expiration, or earlier termination, the contractor shall arrange with the COR a time to pick-up the equipment or provide means to have the equipment shipped back to the Contractor, at no expense to the Government. The Contractor shall arrange for the equipment to be removed from the VA within three (3) business days after the contract expiration or cancellation date.

25. I.D. BADGES:

All Contractor personnel is required to wear identification (I.D.) during the entire time they are on the VALBHS grounds. I.D. badges must have an identification picture, name of the individual, and; the name of the represented company depicted on it.

26. PARKING:

It is the responsibility of the Contractor' s personnel to park in the appropriate designated parking areas. Parking information is available from the VA Police and Security Service. The VA facilities will not invalidate or make reimbursement for parking violations of the Contractor ' s personnel under any circumstances.

27. TRAVEL:

Transportation charges for Contractor's service personnel will not be billed or paid under the resulting contract.

28. VA POLICIES:

Possession of weapons is prohibited. Enclosed containers, including tool kits, are subject to search.

Violations of VA regulations may result in citations answerable in the United States (Federal) District Court.

29. INVOICE AND PAYMENT:

Contractor shall submit monthly invoices in the arrears electronically via the Tungsten-Network System at the end of each month for payment of work completed in that billing period after obtaining approval for the COR to go ahead and submit the invoice. The COR shall be responsible for reviewing and approving the monthly invoices in the arrears before the Contractor submits the invoice electronically via the Tungsten-Network System at the end of each month for payment of work completed in that billing period. The COR shall notify the Contractor no later than the 7th workday of the following month to submit the monthly invoices in the arrears electronically for payment through the Tungsten-Network System for all three facilities.

Contractor shall submit the invoice electronically to:

Department of Veterans Affairs Financial Services Center http://www.tungsten-network.com (Telephone number: 470-305-4896)

The invoice MUST be itemized to include the following information. Any information listed below that is not provided on an invoice, will render that invoice incomplete and the invoice will be returned for immediate correction.

a. Description of Services

b. Period of performance

c. Date of invoice and invoice number

d. Unit cost billed

e. Extended amount due

f. Contract number and obligation number.

g. Weight of general waste removed for each facility separately

h. Refuse disposal receipts and weight tickets for each facility separately.

If there are any errors with the monthly invoices the COR shall notify the contractor immediately and the Contractor shall correct the invoices and resubmit them to the COR for review and approval giving the COR an additional three days before submitting the invoices through the Tungsten-Network System.

Invoices sent to other than the above website will delay payment to the Contractor and failure to comply with the above information shall delay payment to the Contractor.

(End of Statement of Work) http://www.tungsten-network.com/

SECTION C - CONTRACT CLAUSES

C.1 52.212-4 CONTRACT TERMS AND CONDITIONS—COMMERCIAL

ITEMS (OCT 2018)

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

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

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

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

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

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

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

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

(g) Invoice.

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

(i) Name and address of the Contractor;

(ii) Invoice date and number;

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

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

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

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

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

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

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

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

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

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

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

EFT.

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

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

(i) Payment.—

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

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

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

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

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

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

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

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

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

(D) Contractor point of contact.

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

(6) Interest.

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

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

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

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

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

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

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

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

(A) The date fixed under this contract.

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

(r) Compliance with laws unique to Government contracts. The Contractor agrees to comply with 31 U.S.C. 1352 relating to limitations on the use of appropriated funds to influence certain Federal contracts;

18 U.S.C. 431 relating to officials not to benefit; 40 U.S.C. chapter 37, Contract Work Hours and Safety Standards; 41 U.S.C. chapter 87, Kickbacks; 41 U.S.C. 4712 and 10 U.S.C. 2409 relating to whistleblower protections; 49 U.S.C. 40118, Fly American; and 41 U.S.C. chapter 21 relating to procurement integrity.

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

(1) The schedule of supplies/services.

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

(3) The clause at 52.212-5.

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

(5) Solicitation provisions if this is a solicitation.

(6) Other paragraphs of this clause.

(7) The Standard Form 1449.

(8) Other documents, exhibits, and attachments

(9) The specification.

(t) [Reserved]

(u) Unauthorized Obligations.

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

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

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

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

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

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

(End of Clause)

ADDENDUM to FAR 52.212-4 CONTRACT TERMS AND CONDITIONS—COMMERCIAL ITEMS

Clauses that are incorporated by reference (by Citation Number, Title, and Date), have the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available.

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

C.2 52.216-18 ORDERING (OCT 1995)

(a) Any supplies and services to be furnished under this contract shall be ordered by issuance of delivery orders or task orders by the individuals or activities designated in the Schedule. Such orders may be issued from Effective Date through End of Period of Performance.

(b) All delivery orders or task orders are subject to the terms and conditions of this contract. In the event of conflict between a delivery order or task order and this contract, the contract shall control.

(c) If mailed, a delivery order or task order is considered "issued" when the Government deposits the order in the mail. Orders may be issued orally, by facsimile, or by electronic commerce methods only if authorized in the Schedule.

(End of Clause)

C.3 52.216-19 ORDER LIMITATIONS (OCT 1995)

(a) Minimum order. When the Government requires supplies or services covered by this contract in an amount of less than $50.00, the Government is not obligated to purchase, nor is the Contractor obligated to furnish, those supplies or services under the contract.

(b) Maximum order. The Contractor is not obligated to honor—

(1) Any order for a single item in excess of $450,000.00;

(2) Any order for a combination of items in excess of $600,000.00; or

(3) A series of orders from the same ordering office within 2 days that together call for quantities exceeding the limitation in paragraph (b)(1) or (2) of this section.

(c) If this is a requirements contract (i.e., includes the Requirements clause at subsection 52.216-21 of the Federal Acquisition Regulation (FAR)), the Government is not required to order a part of any one requirement from the Contractor if that requirement exceeds the maximum-order limitations in paragraph

(b) of this section.

(d) Notwithstanding paragraphs (b) and (c) of this section, the Contractor shall honor any order exceeding the maximum order limitations in paragraph (b), unless that order (or orders) is returned to the ordering office within 2 days after issuance, with written notice stating the Contractor's intent not to ship the item (or items) called for and the reasons. Upon receiving this notice, the Government may acquire the supplies or services from another source.

(End of Clause)

C.4 52.216-22 INDEFINITE QUANTITY (OCT 1995)

(a) This is an indefinite-quantity contract for the supplies or services specified, and effective for the period stated, in the Schedule.