36C26220Q0184-001.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 70

691-20-1-5042-0104

36C26220Q0184

NICHOLS, CECIL S. (562) 766-2267 12-20-2019

11:00AM Pacific

36C262

DEPARTMENT OF VETERANS AFFAIRS

Network Contracting Office (NCO) 22

4811 Airport Plaza Drive, Suite 600

Long Beach CA 90815

X 100

X

Y

541350

$8 Million

N/A

X

36C691

VA GREATER LOS ANGELES HEALTHCARE SYSTEM

11301 Wilshire Blvd

Los Angeles CA 90815

36C262

Network Contracting Office (NCO) 22

4811 Airport Plaza Drive, Suite 600

Long Beach CA 90815

Financial Services Center

P.O. Box 149971

Austin TX 78714-9971

1-877-353-9791

See CONTINUATION Page

SERVICE to PERFORM AST-UST-FST Designated Operator (D.O.)

Inspections-Monitoring, VA Greater Los Angeles HCS.

SOLICITATION IS 100% SDVOSB set-aside

JOB WALK - 12/5/2019 RFI SUSPENSE - 12/9/2019

This is a Request for Quote (RFQ).

ALL quotes shall be submitted no later than 12/20/2019 by

11:00AM Pacific local.

Quotes shall be submitted (PDF files only) via email to:

CECIL NICHOLS, Contracting Officer at cecil.nichols@va.gov

This is a Firm-Fixed Price contract; submit pricing on

B.5 Price/Cost Schedule.

PERFORMANCE PERIODS:

BASE YEAR - 1/1/2020 TO 12/31/2020

Option Year One (OY1) - 1/1/2021 to 12/31/2021

Option Year Two (OY2) - 1/1/2022 to 12/31/2022

Option Year Three (OY3) - 1/1/2023 to 12/31/2023

Option Year Four (OY4) - 1/1/2024 to 12/31/2024

See CONTINUATION Page

X X mailto:cecil.nichols@va.gov

Table of Contents

SECTION A

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

SECTION B - CONTINUATION OF SF 1449 BLOCKS

B.1 NOTIFICATION TO OFFERORS

B.2 52.237-1 SITE VISIT (APR 1984)

B.3 CONTRACT ADMINISTRATION DATA

B.4 VAAR 852.219-74 LIMITATIONS ON SUBCONTRACTING—MONITORING AND

COMPLIANCE (JUL 2018)

B.5 STATEMENT OF WORK (SOW)

B.6 SUPPLEMENTAL INSURANCE REQUIREMENTS

B.7 PRICE/COST SCHEDULE

ITEM INFORMATION

B.8 DELIVERY SCHEDULE

SECTION C - CONTRACT CLAUSES

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

2018)

C.2 52.212-5 CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT

STATUTES OR EXECUTIVE ORDERS—COMMERCIAL ITEMS (OCT 2019)

C.3 52.217-8 OPTION TO EXTEND SERVICES (NOV 1999)

C.4 52.217-9 OPTION TO EXTEND THE TERM OF THE CONTRACT (MAR 2000) ...35

C.5 52.219-14 LIMITATIONS ON SUBCONTRACTING (JAN 2017)

C.6 52.232-33 PAYMENT BY ELECTRONIC FUNDS TRANSFER—SYSTEM FOR

AWARD MANAGEMENT (OCT 2018)

C.7 VAAR 852.211-72 TECHNICAL INDUSTRY STANDARDS (NOV 2018)

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

2018)

C.9 VAAR 852.237-70 INDEMNIFICATION AND MEDICAL LIABILITY INSURANCE

(OCT 2019)

C.10 VAAR 852.270-1 REPRESENTATIVES OF CONTRACTING OFFICERS (JAN

2008)

C.11 52.252-2 CLAUSES INCORPORATED BY REFERENCE (FEB 1998)

SECTION D - CONTRACT DOCUMENTS, EXHIBITS, OR ATTACHMENTS

D.1 WAGE DETERMINATION RATES SCA 2015-5614 Rev 14

SECTION E - SOLICITATION PROVISIONS

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

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

E.3 52.212-3 OFFEROR REPRESENTATIONS AND CERTIFICATIONS—

COMMERCIAL ITEMS (OCT 2018)

E.4 52.216-1 TYPE OF CONTRACT (APR 1984)

E.5 52.219-27 NOTICE OF SERVICE-DISABLED VETERAN-OWNED SMALL

BUSINESS SET-ASIDE (OCT 2019)

E.6 52.233-2 SERVICE OF PROTEST (SEP 2006)

E.7 VAAR 852.219-10 VA NOTICE OF TOTAL SERVICE-DISABLED VETERAN-

OWNED SMALL BUSINESS SET-ASIDE (JUL 2019) (DEVIATION)

E.8 VAAR 852.233-70 PROTEST CONTENT/ALTERNATIVE DISPUTE RESOLUTION

(OCT 2018)

E.9 VAAR 852.233-71 ALTERNATE PROTEST PROCEDURE (OCT 2018)

E.10 52.252-1 SOLICITATION PROVISIONS INCORPORATED BY REFERENCE

(FEB 1998)

SECTION B - CONTINUATION OF SF 1449 BLOCKS

B.1 NOTIFICATION TO OFFERORS

The following provisions are incorporated into 52.212-1 as an addendum:

1. GENERAL INSTRUCTIONS FOR QUOTE SUBMISSIONS

a. Period of Acceptance of Offers. The Offeror agrees to hold prices in its offer firm for a period of thirty (30) calendar days from the date specified for the receipt of offers.

b. Submitting your quote: Quotes are due on Thursday, December 20, 2019 NLT 11:00AM Pacific local time. Submit your company’s quote by responding to this RFQ via email only to Cecil S.

Nichols, contracting officer at cecil.nichols@va.gov. All quotes/attachments in response to this RFQ shall be in Adobe PDF or Microsoft Office Word Format. It is the offeror’s responsibility to confirm that all required documents are included and received by the solicitation due / suspense date.

c. Inquiry or questions: Deadline for Request for Information (RFI) submission is Monday, December

9, 2019 NLT 10:00AM Pacific local time. Telephone inquiries will not be accepted.

2. REQUIREMENTS FOR SUBMITTAL: The following sub-sections are the requirements to be submitted by the offeror.

a. Offeror must provide a cover sheet to include the following:

b. Solicitation No. 36C26220Q0184.

c. Company’s name, address, point-of-contact, phone number, email address.

d. DUNS number.

e. Page 1 - SF1449, block 30(a), 30(b) and 30(c).

f. Page 3 - Section B.1(1)(a) Contract Administration Data and paragraph 5 Acknowledgement of

Amendments – SF 30(s), if any, blocks 15A, 15B and 15C completed.

g. Offerors shall complete and submit the Price Schedule in section B.

h. As part of their priced quote submission to the Contracting Officer, offerors shall provide the following documentation:

1) Designated Operator current “California UST Operator” certificate issued by the International

Code Council (ICC).

2) SCAQMD Rule 461 authorized tester certification.

3) California Business license.

4) Contractors State License Board (CSLB) license.

5) Certificate / License as a California UST service technician with current Tank Testers credentials.

6) Certificate / License as a Veeder Root technician.

(End of Clause)

B.2 52.237-1 SITE VISIT (APR 1984)

Offerors or quoters are urged and expected to inspect the site where services are to be performed and to satisfy themselves regarding all general and local conditions that may affect the cost of contract performance, to the extent that the information is reasonably obtainable. In no event shall failure to inspect the site constitute grounds for a claim after contract award.

An organized site visit has been scheduled for –

Thursday, December 5, 2019 at 10:15AM Pacific local

Interested Participants will meet at –

VA Greater Los Angeles Healthcare System located at 11301 Wilshire Blvd, Los

Angeles, CA 90073. Meet at with CORs Robert Dalley and/or Joseph Olson at Building

218, Room 320.

Request for Information (RFI) suspense –

DEADLINE FOR REQUEST FOR INFORMATION (RFI) SUBMISSION IS MONDAY,

DECEMBER 9, 2019 NLT 10:00AM PACIFIC LOCAL TIME. TELEPHONE INQUIRIES WILL

NOT BE ACCEPTED.

Deadline for Request for Information (RFI) submission is Monday, December 9, 2019 NLT 10:00AM

Pacific local time. Telephone inquiries will not be accepted

Request for Quote (RFQ) suspense –

Friday, December 20, 2019 by 11:00AM Pacific local via email to cecil.nichols@va.gov

(End of Provision)

B.3 CONTRACT ADMINISTRATION DATA

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

a. CONTRACTOR:

mailto:cecil.nichols@va.gov

b. GOVERNMENT: Contracting Officer 36C262

DEPARTMENT OF VETERANS AFFAIRS

Network Contracting Office (NCO) 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 WITH COR APPROVED INVOICE

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

P.O. Box 149971

Austin TX 78714-9971

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

AMENDMENT NO DATE

B.4 VAAR 852.219-74 LIMITATIONS ON SUBCONTRACTING—

MONITORING AND COMPLIANCE (JUL 2018)

(a) This solicitation includes FAR Clause 52.219-27 Notice of Total Service-Disabled Veteran-

Owned Small Business Set-Aside and VAAR Clause 852.219-10 VA Notice of Total Service-

Disabled Veteran-Owned Small Business Set-Aside.

(b) Accordingly, any contract resulting from this solicitation is subject to the limitation on subcontracting requirements in 13 CFR 125.6, or the limitations on subcontracting requirements in the FAR clause, as applicable. The Contractor is advised that in performing contract administration functions, the Contracting Officer may use the services of a support contractor(s) retained by VA to assist in assessing the Contractor's compliance with the limitations on subcontracting or percentage of work performance requirements specified in the clause. To that end, the support contractor(s) may require access to Contractor's offices where the Contractor's business records or other proprietary data are retained and to review such business records regarding the Contractor's compliance with this requirement.

(c) All support contractors conducting this review on behalf of VA will be required to sign an

“Information Protection and Non-Disclosure and Disclosure of Conflicts of Interest Agreement” to ensure the Contractor's business records or other proprietary data reviewed or obtained in the course of assisting the Contracting Officer in assessing the Contractor for compliance are protected to ensure information or data is not improperly disclosed or other impropriety occurs.

(d) Furthermore, if VA determines any services the support contractor(s) will perform in assessing compliance are advisory and assistance services as defined in FAR 2.101, Definitions, the support contractor(s) must also enter into an agreement with the Contractor to protect proprietary information as required by FAR 9.505-4, Obtaining access to proprietary information, paragraph (b). The Contractor is required to cooperate fully and make available any records as may be required to enable the Contracting Officer to assess the Contractor's compliance with the limitations on subcontracting or percentage of work performance requirement.

B.5 STATEMENT OF WORK (SOW)

SERVICE TO PERFORM ABOVEGROUND, UNDERGROUND & FUEL

STORAGE TANKS DESIGNATED OPERATOR (D.O.)

INSPECTIONS-MONITORING

VA GREATER LOS ANGELES HEALTHCARE SYSTEM

691-20-1-5042-0104

1. TITLE:

SERVICE to PERFORM Aboveground, Underground & Fuel Storage Tanks Designated

Operator (D.O.) Inspections-Monitoring.

2. BACKGROUND:

In 1988, the Environmental Protectant Agency (EPA) promulgated Underground Storage

Tank (UST) regulation - 40 CFR Part 280, which set minimum standards for UST systems and required owners and operators to upgrade to equipment that included spill and overfill prevention features, secondary containment, and tank leak monitoring.

Owners and operators are required to monitor and inspect their UST tanks and instrumentation systems monthly and confirm all components are in good operating condition.

VAGLAHCS has various Aboveground Storage Tanks (ASTs), USTs and other fuel tanks at each of its campuses that fall under these regulations and must have specified periodic inspections, testing and repairs to comply with EPA UST, local, state, and federal laws and regulations; and these inspections must be performed by California state certified and qualified technicians knowns as designated operators, and testing and repairs must be performed by California state certified tank repair technicians.

3. PLACES OF PERFORMANCE:

VA West Los Angeles Healthcare System (WLA)

11301 Wilshire Blvd

Los Angeles, CA 90073

VA Sepulveda Ambulatory Care Center (SACC)

16111 Plummer Street

Los Angeles, CA 91343

VA Los Angeles Ambulatory Care Center (LAACC)

351 East Temple Street

Los Angeles, CA 90012

4. PERIOD OF PERFORMANCE:

One (1) year from date of award; this will be the base year. In addition, the Government

(VA) shall retain the right to exercise option(s) to extend the contract period for up to four (4) one (1) year option renewals.

5. CONTRACT TYPE:

Firm Fixed Price (FFP)

6. APPLICABLE DOCUMENTS, STANDARDS, LAWS AND/OR REGULATIONS:

The following are a list of various applicable standards, policies, regulations, and/or governing bodies. This list is not an all-inclusive list; therefore, it is the responsibility of the contractor to ensure all applicable standards, policies, regulations, and/or governing bodies not listed here are adhered to. Furthermore, contractor is responsible to adhere to all current additions of applicable standards, policies, regulations, and/or governing bodies.

6.1 EPA's Underground Storage Tanks (USTs) Laws and Regulations

6.2 Energy Policy Act of 2005

6.3 California EPA / State Water Resources Control Board

6.4 UST Regulations (CCR, Title 23, Chapter 16) Effective October 1, 2018

6.5 Tank Tester Licensing Regulations (CCR, Title 23, Division 3, Chapter 17)

6.6 UST Cleanup Fund Regulations (CCR, Title 23, Division 3, Chapter 18)

6.7 Unified Program Regulations (CCR, Title 27, Division 1, Subdivision 4, Chapter 1, Sections 15100 - 15620)

6.8 SCAQMD Rule 461 Vapor Recovery Testing http://www.aqmd.gov/home/rules-compliance/compliance/gasoline-dispensing2/testing-and-pre-backfill-scheduling

6.9 SCAQMD Rule 461 Vapor Recovery System Tester Orientation Certification http://www.aqmd.gov/home/rules-compliance/compliance/gasoline-dispensing2/rule-

461-classes

6.10 Summary of Training Requirements for UST Professionals CCR Title 23, Chapter 16, https://www.waterboards.ca.gov/ust/regulatory/new_regulations/summary_table_of_t raining_requirements.pdf

6.11 International Code Council (ICC)

6.12 SPCC Rule 40 CFR 112.8(c)(6)

7. OBJECTIVES / SCOPE:

Contractor shall provide all equipment, expertise, incidentals, labor, materials, paper forms, 3-ring binders, supervision, supplies, transportation, and qualified personnel required for the

Designated Operator (D.O.) inspections-monitoring of Government owned ASTs, USTs, and fuel tanks; annual compliance inspection; monitoring system certifications (i.e. Veeder

Root); vapor recovery tests; and troubleshooting the Veeder Root tank monitoring and leak detection systems (and similar detection systems) for the VA Greater Los Angeles Healthcare

System (VAGLAHCS). NOTE: SB 989 triennial testing and any identified repairs will be corrected by/through a SEPARATE contract vehicle.

https://www.epa.gov/ust/underground-storage-tanks-usts-laws-and-regulations https://www.waterboards.ca.gov/ust/regulatory/ https://www.waterboards.ca.gov/ust/regulatory/docs/title23_d3_c16.pdf https://www.waterboards.ca.gov/ust/regulatory/docs/chapter17.pdf http://www.waterboards.ca.gov/water_issues/programs/ustcf/docs/regulations/ustcfregs1100.pdf http://www.calepa.ca.gov/LawsRegs/Regulations/T27/Regulations.pdf http://www.aqmd.gov/home/rules-compliance/compliance/gasoline-dispensing2/testing-and-pre-backfill-scheduling http://www.aqmd.gov/home/rules-compliance/compliance/gasoline-dispensing2/testing-and-pre-backfill-scheduling http://www.aqmd.gov/home/rules-compliance/compliance/gasoline-dispensing2/rule-461-classes http://www.aqmd.gov/home/rules-compliance/compliance/gasoline-dispensing2/rule-461-classes https://www.waterboards.ca.gov/ust/regulatory/new_regulations/summary_table_of_training_requirements.pdf https://www.waterboards.ca.gov/ust/regulatory/new_regulations/summary_table_of_training_requirements.pdf https://av.iccsafe.org/eweb/DynamicPage.aspx?Site=ICC&WebKey=b7afd990-2e14-4013-a186-aeb405641a95&FromSearchControl=Yes

8. LIST OF AST, UST, AND FUEL TANKS:

Aboveground Storage Tanks (AST):

# Location Building Type Tank Use

1 LAACC Main Diesel Emergency Generator

2 SACC 10 Diesel Emergency Generator

3 SACC 44 Diesel Fuel Dispenser

4 SACC 44 Unleaded Gasoline Fuel Dispenser

5 WLA 12 Diesel Emergency Generator

6 WLA 136 Diesel Emergency Generator

7 WLA 205 Diesel Emergency Generator

8 WLA 206 Diesel Emergency Generator

9 WLA 207 Diesel Emergency Generator

10 WLA 210 Diesel Emergency Generator

11 WLA 215 Diesel Emergency Generator

12 WLA 256 Diesel Emergency Generator

13 WLA 257 Diesel Emergency Generator

14 WLA 299 Diesel Emergency Generator

Underground Storage Tanks (UST):

# Location Building Type Tank Use

1 SACC 40 Diesel Emergency Generator

2 SACC 101 Diesel Emergency Generator

3 SACC 200 Diesel Emergency Generator

4 SACC 201 Diesel Emergency Generator

5 WLA

295, Tank # 1 Amber Oil Boiler Backup Fuel

6 WLA

295, Tank # 2 Amber Oil Boiler Backup Fuel

7 WLA

295, Tank # 3 Amber Oil Boiler Backup Fuel

8 WLA

295, Tank # 4 Diesel

Emergency Generator

9 WLA 300 Diesel Emergency Generator

10 WLA 304 Diesel Emergency Generator

12 WLA

501, Tank # 1 Diesel

Emergency Generator

13 WLA

501, Tank # 2 Diesel

Emergency Generator

14 WLA

510, Tank # 1 Unleaded Gasoline

Fuel Dispenser

15 WLA

510, Tank # 2 Diesel Fuel Dispenser

9. GENERAL REQUIREMENTS & SPECIFICATIONS:

9.1 CONTRACTOR WILL USE OFFICIAL CALIFORNIA STATE WATERBOARD

FORMS

https://www.waterboards.ca.gov/water_issues/programs/ust/forms/

• Monitoring System Certification Form »» PDF | Word

• Secondary Containment Testing Report Form »» PDF | Word

• Spill Container Test Report Form »» PDF | Word

• Overfill Prevention Equipment Inspection Report Form »» PDF | Word

• Statement of Understanding and Compliance »» PDF | Word

• Designated Underground Storage Tank Operator Identification Form

»» PDF | Word

• Designated Underground Storage Tank Operator Visual Inspection Report

»» PDF | Word

9.2 MONTHLY DESIGINATED OPERATOR (D.O.) SERVICE FOR TANKS WITH

PETROLEUM FUELS:

All the tasks listed below including the monthly inspections, annual leak detection instrumentation certifications, spill bucket certification testing, and all South Coast Air

Quality Management District Rule 461 gasoline dispenser verification tests are included in the monthly base service fee

A. A complete inspection of UST’s and AST on a monthly schedule. Shall maintain a complete set of inspection records at their place of business and second copy the

VA facility site in the custody of the Contracting Officer’s Representative (COR) or environmental engineer at these locations

• West Los Angeles Medical Center – Bldg. 218 Room 310

• Sepulveda Ambulatory Care Center – Safety Office Bldg. 1 Rm 36

• Los Angeles Ambulator Care Center – Emergency Generator Room P2 level.

Inspections shall meet Designated Operator (D.O.) requirements for the State of

California.

https://www.waterboards.ca.gov/water_issues/programs/ust/forms/ https://www.waterboards.ca.gov/water_issues/programs/ust/forms/docs/mcf_10_1_2018.pdf https://www.waterboards.ca.gov/water_issues/programs/ust/forms/docs/mcf_10_1_2018.pdf https://www.waterboards.ca.gov/water_issues/programs/ust/forms/docs/mcf_10_1_2018.doc https://www.waterboards.ca.gov/water_issues/programs/ust/forms/docs/mcf_10_1_2018.doc https://www.waterboards.ca.gov/water_issues/programs/ust/forms/docs/secctf_10_1_2018.pdf https://www.waterboards.ca.gov/water_issues/programs/ust/forms/docs/secctf_10_1_2018.pdf https://www.waterboards.ca.gov/water_issues/programs/ust/forms/docs/secctf_10_1_2018.doc https://www.waterboards.ca.gov/water_issues/programs/ust/forms/docs/secctf_10_1_2018.doc https://www.waterboards.ca.gov/water_issues/programs/ust/forms/docs/spctf_10_1_2018.pdf https://www.waterboards.ca.gov/water_issues/programs/ust/forms/docs/spctf_10_1_2018.pdf https://www.waterboards.ca.gov/water_issues/programs/ust/forms/docs/spctf_10_1_2018.doc https://www.waterboards.ca.gov/water_issues/programs/ust/forms/docs/spctf_10_1_2018.doc https://www.waterboards.ca.gov/water_issues/programs/ust/forms/docs/opeif_10_1_2018.pdf https://www.waterboards.ca.gov/water_issues/programs/ust/forms/docs/opeif_10_1_2018.pdf https://www.waterboards.ca.gov/water_issues/programs/ust/forms/docs/opeif_10_1_2018.doc https://www.waterboards.ca.gov/water_issues/programs/ust/forms/docs/opeif_10_1_2018.doc https://www.waterboards.ca.gov/water_issues/programs/ust/forms/docs/oosf_10_1_2018.pdf https://www.waterboards.ca.gov/water_issues/programs/ust/forms/docs/oosf_10_1_2018.pdf https://www.waterboards.ca.gov/water_issues/programs/ust/forms/docs/oosf_10_1_2018.doc https://www.waterboards.ca.gov/water_issues/programs/ust/forms/docs/oosf_10_1_2018.doc https://www.waterboards.ca.gov/water_issues/programs/ust/forms/docs/doidf_10_1_2018.pdf https://www.waterboards.ca.gov/water_issues/programs/ust/forms/docs/doidf_10_1_2018.pdf https://www.waterboards.ca.gov/water_issues/programs/ust/forms/docs/doidf_10_1_2018.doc https://www.waterboards.ca.gov/water_issues/programs/ust/forms/docs/doidf_10_1_2018.doc https://www.waterboards.ca.gov/water_issues/programs/ust/forms/docs/doif_10_1_2018.pdf https://www.waterboards.ca.gov/water_issues/programs/ust/forms/docs/doif_10_1_2018.pdf https://www.waterboards.ca.gov/water_issues/programs/ust/forms/docs/doif_10_1_2018.doc https://www.waterboards.ca.gov/water_issues/programs/ust/forms/docs/doif_10_1_2018.doc

a) All Contractor inspection forms shall be a two-part white first page sheet with a yellow carbon paper copy for DO inspections, work order service & repair, training records.

b) The original white copy of these forms will be filled out with blue ink will be retained by the contractor, the carbon contractor by the Veterans

Administration. Contractor shall retain his copy of inspection records for 3 years after inspection.

c) All inspection paperwork shall be completed the day of the inspection and organized in binder. Upon the completion of filling out the inspection records, the contractor will send a short e-mail of no more than 2 paragraphs to the

COR and the environmental engineer summarizing the finding of designated operator inspections within 3 days of inspection.

B. Inspections will be scheduled 7 days in advance of inspection date with COR

C. Perform a line leak detection test of all storage tanks.

D. Calibrate the liquid level detections systems in accordance with manufacturer recommendations.

E. Annual spill bucket testing certification. A copy of the certification test will be placed in the monthly designated operator inspection binder

F. Annual AQMD Rule 461 verification testing of gasoline fuel dispenser systems.

Rule 461 testing is done always in the month of October and contractor will schedule test date and perform testing no later than October 8th

a) Contractor will provide electronic and paper copy of Rule 461 gasoline dispenser verification tests no later than 14 days of test and provide proof of delivery to SCAQMD to COR and environmental engineer.

b) Contractor’s testing technician must have a valid AQMD for Vapor Recovery

System Tester Orientation registration and submit all testing reports on

SCAQMD forms. A copy of SCAQMD Tester ID will be supplied to VA

Environmental Engineer in advance of Rule 461 testing

c) In the event of a test failure of fuel dispenser, the equipment will be repaired another SCAQMD verification test within 2 weeks.

G. Perform annual calibration certification of all leak detection instrumentation no later than November. A new calibration sticker will be applied to instrumentation and separate paper certification form placed in the designated operator inspection binders at respective medical center or clinics. Calibration certification tester will supply current credentials for all leak detection instrumentation in service.

H. The following shall be applied to the tank monitoring system (i.e. Veeder Root and other brands), but not limited to:

a) Inspect the tank monitoring system to ensure all components are in optimum working order.

b) If repairs are necessary, contractor shall notify the COR and document the repair required in the monthly inspection and maintenance service records. If the repair requires a minor adjustment or lubrication of part and does not require filing a repair plan with the City of Los Angeles, the contractor will affect such a repair under this contract.

9.3 MONTHLY VISUAL INSPECTIONS OF ABOVEGROUND TANKS REQUIRED

BY SPILL PREVENTION, CONTROL, AND COUNTERMEASURE (SPCC) PLAN:

A. Visually monthly inspect 14 listed AST tanks for leaks and report condition to environmental engineer. The records will be kept in the monthly SPCC inspection binder. Contractor shall create be a two-part white first page sheet with a yellow carbon paper copy using the VA SPCC inspection form as a template.

B. All monthly SPCC inspection records will be completed the day of the inspection and submitted for review to the COR, environmental engineer, or COR designate.

Original copy of SPCC inspection record will be filled out in blue ink.

C. Inspections will be scheduled 7 days in advance of inspection date with COR

D. The visual condition inspector for SPCC inspected tanks will have the same certifications as a designated operator for UST tanks.

9.4 PARTS FOR MINOR REPAIRS NOT REQUIRING A REPAIR PLAN SUBMITTAL

WITH CITY OF LOS ANGELES:

A. Contractor shall only furnish new standard non-proprietary parts meeting the original equipment manufacturer specifications.

B. Contractor shall inspect, adjust, inspect, lubricate, replace parts, repair and ensure equipment is safe and reliable as required by manufacturer’s specifications. All parts used shall be of the original manufacturer’s design and specification. All malfunctioning parts shall be replaced immediately to prevent undue down time and to ensure safe operation.

C. Parts incorporated into a minor repair become the property of the Government.

Replaced parts are to be disposed of by the Contractor after obtaining approval from the COR.

D. Contractor shall dispose any hazardous materials resulting from the tanks in accordance with Federal, State and County guidelines.

9.5 ADDITIONAL REQUIREMENTS:

A. Contractor will report anytime contractor is onsite for inspecting tanks or inspecting government copies of inspection records

a) West LA Medical Center – Environmental Engineer Bldg. 218, Rm 310

b) Sepulveda Clinic VA Safety Office – Bldg. 1, Room 36 – contractor will contact COR and environmental by engineer in advance of arriving on site.

c) LAACC clinic– contractor will contact COR and environmental by engineer in advance of arriving on site

B. Contractor shall provide two (2) annual training classes per contract period per campus for employees in accordance with the California Code of Regulations as part of the Designated Operator portion of contract. Contractor will supply a training outline in advance to the environmental engineer for review and place a record of training along the training roster in the designated operator monthly inspection binder.

C. Contractor shall provide copies of all minor repairs, photos of installation, warranties with installation date and description of equipment in accordance with the UST Provisions of the Energy Policy Act of 2005 to the COR. Contractor will generate a work order for each repair summarizing the repair and parts in the monthly designated operator binder

D. Contractor shall notify and coordinate monthly UST and AST inspection date and time with COR. The inspection dates will be set 7 days in advance of inspection date to allow VA to provide government escort. Any change in inspection date must be agreed to by the COR.

E. Contractor shall ensure that all tanks are in optimum working condition by testing the equipment after the repairs are completed.

F. Contractor will maintain a double set of records for tank inspections, one on site and the second set at the contractor’s office. All Contractor inspection forms shall be a two-part white first page sheet with a yellow carbon paper copy. The original copy will be filled out with blue ink.

10. CONTRACTOR QUALIFICATIONS & OTHER RESPONSIBILITIES:

10.1 Contractor shall obtain all necessary licenses required to perform this work.

Contractor shall take all precautions necessary to protect persons and property from injury or damage during the performance of this contract. Contractor shall be responsible for any injury to himself/herself, his/her employees, or others, as well as for any damage to personal or public property that occurs during the performance of this contract that is caused by him/her or his/her employees fault or negligence.

Contractor shall maintain personal liability and property damage insurance prescribed by the laws of the Federal Government.

10.2 Furthermore, contractor and contractor’s employees performing on this contract shall have, but not limited to the following qualification, experience, licenses, and certifications:

10.2.1 Designated operator shall possess a current “California UST Operator” certificate issued by the International Code Council (ICC).

10.2.2 For Annual Monitoring Equipment Certifications, the contractor must have a

UST service technician with a current Tank Testers License and/or appropriate Contractors State License Board (CSLB) license and obtain training and certification through the developer of the testing equipment or method being used, or through the manufacturer of secondary containment component being tested.

10.2.3 For annual SCAQMD Reverification tests of the vapor recovery equipment on gasoline dispensers – the test must have Rule 461 Tester Orientation class and have an official SCAQMD photo ID as an authorized tester.

10.2.4 Designated Operator shall submit to the local regulatory agencies the owner statements of designated UST operator and understanding of and compliance with the UST requirements on behalf of the WLA, SACC, and LAACC.

10.2.5 The Contractor shall provide training certificates on the assigned equipment for their personnel. A copy of all training certifications for any contractor or subcontractor will be placed in a folder in the designated operator inspection binder. Contractor’s designated operator and repair technician must be

California certified at time of quote submission and before contract award.

10.2.6 Certification of SB989 repairs approved by the City of Los Angeles Fire

Department is required. This requirement and will be performed by/through a SEPARATE purchase order contract.

10.2.7 A thorough knowledge of low voltage power electricity and instrumentation combined with a certification to repair UST instrumentation is required.

10.2.8 A confined space permit or certification is required when performing confined space task in UST. Contractor and subcontractor are responsible for individual gas free permit testing associated with confined space permit entry.

10.2.9 Contractor must demonstrate that their company / firm has serviced large institutional clients with a variety of AST and UST tanks, and has sufficient licensed employees to service this contract.

10.2.10 Contractor must be a current certified / registered Service-Disabled Veteran-

Owned Small Business (SDVOSB) vetted vendor in the System for Award

Management (SAM) and Vendor Information Pages (VIP) databases at quote submission and award.

10.2.11 Contractor site supervisory personnel must possess a 30-hour Occupational

Safety and Health Administration (OSHA) safety card / credentials; workers must possess a 10-hour OSHA safety card / credentials.

10.3 At time of solicitation response / quote submission, the prospective offeror must provide experience, licenses of certifications of Contractor employees who will be performing work under this contract.

10.4 The Government reserves the right to accept or reject Contractor’s employee for the rendering of services. Complaints concerning contract personnel’s performance or conduct will be dealt with by the Contractor and COR with the final decision being made by the Contracting Officer.

11. NOTIFICATION:

Contractor shall notify and coordinate ALL work activities with the VA Contracting Officer

Representative (COR) – ROBERT DALLEY (310) 478-3711 x44021.

12. PERFORMANCE MONITORING:

Routine inspections to include acceptance will be performed by VA Facilities Personnel and the designated COR.

13. CHANGES:

The awarded Contractor is advised that only the Contracting Officer, acting within the scope of the contract has the authority to make changes which affect the contract in terms of quality, quantity, price or delivery.

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 adjustment shall be made in the contract terms or price to cover any increase in costs incurred as a result thereof.

14. SECURITY REQUIREMENTS:

N/A. Contractor shall NOT have access to patient records, data, or VA computer systems.

15. GOVERNMENT FURNISHED EQUIPMENT (GFE) / GOVERNMENT FURNISHED

INFORMATION (GFI):

N/A. NO GFE or GFI will be provided or used by the Contractor.

16. RISK CONTROL:

Submission of VA “Infection Control Risk Assessment” (ICRA) permit(s) NOT

REQUIRED.

17. IDENTIFICATION, PARKING, SMOKING, AND VA REGULATIONS:

A. Contractor personnel shall ALWAYS wear visible identification issued by VA Police during the entire time they are on the VA Healthcare System campus / grounds. I.D.

badges must have an identification picture and shall state the name of the individual and the company represented.

B. Parking information is available from the VA Police & Security Service Office. It is the responsibility of Contractor personnel to park only in appropriately designated parking areas. The VA shall not validate, invalidate, or make reimbursement for parking violations of the Contractor’s personnel under any circumstances.

C. SMOKING IS STRICTLY PROHIBITED on the grounds of any VHA facility and throughout the VA Healthcare System campuses. Per VHA Directive 1085 dated March

5, 2019, it is VHA policy that all VHA health care facilities, including hospitals, community clinics, administrative offices and Vet Centers, will be smoke-free for patients, visitors, contractors, volunteers, and vendors effective October 1, 2019.

THERE WILL NO LONGER BE DESIGNATED SMOKING AREAS.

D. Possession of weapons is prohibited while on ANY VA Healthcare System campus / grounds. Enclosed containers, including tool kits, shall be subject to search and/or seizure.

E. Violations of VA regulations may result in citation answerable in the United States

Federal District Court, not at/in the local district, municipal, county or state court.

18. POINTS OF CONTACT:

GOVERNMENT VA COR:

Name: ROBERT DALLEY

Department: GEMS Coordinator / Environmental Tech. / COR

Address: 11301 Wilshire Blvd, Los Angeles CA 90073

Phone: (310) 478-3711 x44021

Fax:

Email: robert.dalley@va.gov mailto:robert.dalley@va.gov

CONTRACTOR:

The Contractor shall provide a point of contact for all contract administration.

Name:

Title:

Address:

Phone:

Fax:

Email:

19. NORMAL WORKING HOURS:

Normal working hours of the VA Greater Los Angeles Healthcare System are 7:30AM through 4:30PM Monday through Friday, with exceptions to National Federal Holidays and/or as coordinated with the COR – ROBERT DALLEY.

20. OVERTIME AND NATIONAL FEDERAL HOLIDAYS:

Any overtime, holiday, or weekend pay that may be entitled to the Contractor’s employees shall be the sole responsibility of the Contractor and shall not be billed to nor reimbursed by the Government. When one of the holidays fall on a Sunday, the following Monday will be observed as a National Federal Holiday. When one of the holidays fall on a

Saturday, the preceding Friday will be observed as a National Federal Holiday.

National Holiday Schedule:

New Year’s Day January 1

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 4

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

21. INFORMATION SECURITY:

In accordance with Appendix A, Handbook 6500.6 Checklist blocks 7, the C&A requirements DO NOT apply to this requirement, and a Security Accreditation Package is not required. The nature of this requirement is technical; however, there is no information to be protected.

22. INVOICE AND PAYMENT:

Payment to the Contractor will be made in arrears on a monthly basis for services performed upon submission of a proper invoice for work completed and accepted. Final payment will be withheld until all noted discrepancies are corrected and as-build drawings are approved by the Government (VA). VA-FSC processes / pays all associated transactions for / on VA orders. To successfully submit an invoice to VA-FSC please review “How to Create an

Invoice” within the how to guides. All invoices submitted to the VA-FSC should mirror your current submission of invoice, with the below items required. The VA-FSC requires specific information in compliance with the Prompt Pay Act and Business Requirements.

22.1 Your firm’s Tax Payer ID Number (TIN)

22.2 Your firm’s “Remit Address” information

22.3 The VA Purchase Order (PO) number

22.4 Your firm’s contact information: (Personal Name, Email, and Phone)

22.5 Your VA point of contact information: (Personal Name, Email, and Phone)

22.6 The Period of Performance dates (Beginning and Ending)

22.7 All discount information if applicable (Percent and Date Terms)

For additional information, please contact:

Department of Veteran Affairs Financial Service Center

Phone: 1-877-353-9791

Email: vafsccshd@va.gov

- - - END STATEMENT OF WORK - - -

mailto:vafsccshd@va.gov

B.6 SUPPLEMENTAL INSURANCE REQUIREMENTS

In accordance with FAR 28.307-2 and FAR 52.228-5, the following minimum coverage shall apply to this contract:

(a) Workers' compensation and employers liability: Contractors are required to comply with applicable Federal and State workers' compensation and occupational disease statutes. If occupational diseases are not compensable under those statutes, they shall be covered under the employer's liability section of the insurance policy, except when contract operations are so commingled with a Contractor's commercial operations that it would not be practical to require this coverage. Employer's liability coverage of at least $100,000 is required, except in States with exclusive or monopolistic funds that do not permit workers' compensation to be written by private carriers.

(b) General Liability: $500,000.00 per occurrences.

(c) Automobile liability: $200,000.00 per person; $500,000.00 per occurrence and $20,000.00 property damage.

(d) The successful bidder must present to the Contracting Officer, prior to award, evidence of general liability insurance without any exclusionary clauses for asbestos that would void the general liability coverage.

B.7 PRICE/COST SCHEDULE

ITEM INFORMATION

ITEM

NUMBER

DESCRIPTION OF

SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

1.00 EA ____________ ____________

This is for the Designated Operator inspection services of Government Owned Underground Storage Tank (UST), Aboveground Storage Tank ( AST) and Fuel Tanks at the VA Greater Los Angeles Healthcare System (VAGLAHS). This is a Base Plus Four (4) Option Year firm-fixed-price contract.

Background: In 1988, Environmental Protectant Agency (EPA) promulgated the UST regulation - 40 CFR Part 280, which set minimum standards for UST systems that required owners and operators to upgrade to equipment that included spill and overfill prevention features, secondary containment, a tank leak monitoring. Owners and operators are required to monitor and inspect their UST tanks and instrumentation systems monthly and confirm all components are in good operating condition.

VAGLAHS has various AST, UST, and other fuel tanks at each of its facilities that fall under these regulations and must have specified periodic inspections, testing and repairs to comply with EPA UST, state and local, state, federal laws regulations; and these inspection inspections by California state certified, qualified technicians known designated operators, and testing and repairs by California state certified tank repair technicians.

Price/Cost Schedule:

Base year: January 1, 2020 through December 31, 2020 Description- Qty Unit Unit Price Total Price

1. WLA-AST/UST & Fuel Tanks 13 monthly

2. SACC-AST/UST & Fuel Tanks 13 monthly

3. LAACC-AST/UST & Fuel Tanks 13 monthly

Total = Option Year 1: January 1, 2021 through December 31, 2021 Description- Qty Unit Unit Price Total Price

1. WLA-AST/UST & Fuel Tanks 13 monthly

2. SACC-AST/UST & Fuel Tanks 13 monthly

3. LAACC-AST/UST & Fuel Tanks 13 monthly

Total = Option Year 2: January 1, 2022 through December 31, 2022 Description- Qty Unit Unit Price Total Price

1. WLA-AST/UST & Fuel Tanks 13 monthly

2. SACC-AST/UST & Fuel Tanks 13 monthly

3. LAACC-AST/UST & Fuel Tanks 13 monthly

Total = Option Year 3: January 1, 2023 through December 31, 2023 Description- Qty Unit Unit Price Total Price

1. WLA-AST/UST & Fuel Tanks 13 monthly

2. SACC-AST/UST & Fuel Tanks 13 monthly

3. LAACC-AST/UST & Fuel Tanks 13 monthly

Total = Option Year 4: January 1, 2024 through December 31, 2024 Description- Qty Unit Unit Price Total Price

1. WLA-AST/UST & Fuel Tanks 13 monthly

2. SACC-AST/UST & Fuel Tanks 13 monthly

3. LAACC-AST/UST & Fuel Tanks 13 monthly

Total =

Grand Total = Note: All terms and Conditions are subject to the Statement of Work of this contract.

GRAND TOTAL

B.8 DELIVERY SCHEDULE

ITEM NUMBER QUANTITY

DELIVERY

DATE

1.00

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…