36C26225Q0803.docx

36C26225Q0803

PAGE 1 OF

1. REQUISITION NO.

2. CONTRACT NO.

3. AWARD/EFFECTIVE DATE

4. ORDER NO.

5. SOLICITATION NUMBER

6. SOLICITATION ISSUE DATE

a. NAME

b. TELEPHONE NO. (No Collect Calls)

8. OFFER DUE DATE/LOCAL

TIME

9. ISSUED BY

CODE

10. THIS ACQUISITION IS

UNRESTRICTED OR

SET ASIDE:

% FOR:

SMALL BUSINESS

HUBZONE SMALL

BUSINESS

SERVICE-DISABLED

VETERAN-OWNED

SMALL BUSINESS

WOMEN-OWNED SMALL BUSINESS

(WOSB) ELIGIBLE UNDER THE WOMEN-OWNED

SMALL BUSINESS PROGRAM

EDWOSB

8(A)

NAICS:

SIZE STANDARD:

11. DELIVERY FOR FOB DESTINA-

TION UNLESS BLOCK IS

MARKED

SEE SCHEDULE

12. DISCOUNT TERMS

13a. THIS CONTRACT IS A

RATED ORDER UNDER

DPAS (15 CFR 700)

13b. RATING

14. METHOD OF SOLICITATION

RFQ

IFB

RFP

15. DELIVER TO

CODE

16. ADMINISTERED BY

CODE

17a. CONTRACTOR/OFFEROR

CODE

FACILITY CODE

18a. PAYMENT WILL BE MADE BY

CODE

TELEPHONE NO.

UEI:

EFT:

PHONE:

FAX:

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

SEE ADDENDUM

19.

20.

21.

22.

23.

24.

ITEM NO.

SCHEDULE OF SUPPLIES/SERVICES

QUANTITY

UNIT

UNIT PRICE

AMOUNT

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

25. ACCOUNTING AND APPROPRIATION DATA

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

ARE

ARE NOT ATTACHED.

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

ARE

ARE NOT ATTACHED

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

29. AWARD OF CONTRACT: REF. ___________________________________ OFFER

COPIES TO ISSUING OFFICE. CONTRACTOR AGREES TO FURNISH AND

DATED ________________________________. YOUR OFFER ON SOLICITATION

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

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

ADDITIONAL SHEETS SUBJECT TO THE TERMS AND CONDITIONS SPECIFIED

SET FORTH HEREIN IS ACCEPTED AS TO ITEMS:

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

AUTHORIZED FOR LOCAL REPRODUCTION

(REV. NOV 2021)

PREVIOUS EDITION IS NOT USABLE

Prescribed by GSA - FAR (48 CFR) 53.212

7. FOR SOLICITATION

INFORMATION CALL:

STANDARD FORM 1449

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES

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

05-08-2025 Christofaro, Jennell 520-792-1450 X15929 05-20-2025 14:00

PDT

36C262 Department of Veterans Affairs NCO 22 - Network Contracting 4811 Airport Plaza Dr.

Suite 600 Long Beach CA 90815

X

562211 $47 Million

N/A

36C691 Department of Veterans Affairs Greater Los Angeles VA Healthcare System

GLA

11301 Wilshire Blvd.

Los Angeles CA 90073 36C262 Department of Veterans Affairs NCO 22 - Network Contracting 4811 Airport Plaza Dr.

Suite 600 Long Beach CA 90815

This is accomplished through the Tungsten Network located at:

http://www.fsc.va.gov/einvoice.asp This is mandatory and the sole method for submitting invoices.

See CONTINUATION Page This solicitation is for the Hazardous Waste Collection and Disposal Services within the Greater Los Angeles VA Healthcare System.

IAW FAR part 13, this requirement is set-aside for all small business concerns.

This will be a firm-fixed price contract.

There will be no inquiry period for this solicitation.

All offers are due via email NLT May 20, 2025 at 1400 PST to Contract Specialist: Jennell Christofaro;

Email: jennell.christofaro@va.gov

See CONTINUATION Page

Helena Roba, Service Branch III, Chief

See attached document: Attachment 1 - Hazwaste Pickup Points-Qty-Frequency.

Table of Contents

SECTION B - CONTINUATION OF SF 1449 BLOCKS

B.1 CONTRACT ADMINISTRATION DATA

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

a. CONTRACTOR:

b. GOVERNMENT: Contracting Officer 36C262 Department of Veterans Affairs NCO 22 - Network Contracting 4811 Airport Plaza Dr.

Suite 600 Long Beach CA 90815

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

3. INVOICES: Invoices shall be submitted in arrears:

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

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

STATEMENT OF WORK

1. Background

This requirement is for hazardous materials disposal, collection, emergency response and on-site hazardous materials technician for the Greater Los Angeles VA Healthcare System (VAGLA).

2. Scope

Contractor shall furnish all labor, materials, supplies, equipment, transportation, and qualified personnel to support the main hospital campus in West Los Angeles, Ambulatory Care Centers in Sepulveda and Los Angeles, and all Community Based Outpatient Clinics with hazardous waste disposal, collection, and emergency response, and an on-site hazardous materials technician, Monday-Friday 7:00am-3:30pm PST, at the West LA campus location who can respond to emergencies and daily waste collection.

3. Place of Performance

West LA Campus-Main Campus (WLA) 11301 Wilshire Blvd Los Angeles, Ca 90073

Ambulatory Care Centers:

Sepulveda Ambulatory Care Center (SACC) 16111 Plummer St North Hills, Ca 91343

Los Angeles Ambulatory Care Center (LACC) 351 E. Temple St.

Los Angeles, Ca 90012

Community Based Outpatient Clinics (CBOC):

East Los Angeles 5426 East Olympic Blvd Commerce, Ca 90022

Antelope Valley 340 East Ave I Suite108 Lancaster, Ca 93535

Capt. Rosemary Bryant Mariner Clinic 5250 Ralston St.

Ventura, Ca 93003

Bakersfield 1801 Westwind Dr Bakersfield, Ca 93301 San Gabriel Valley 7 W Foothill Blvd Suite 201 Arcadia, Ca 91006

Northern Community Based Outpatient Clinics:

Santa Barbara 4440 Calle Real Santa Barbara, Ca 93110

Santa Maria 1550 East Main St Santa Maria, Ca 93454

San Luis Obispo 1288 Morro St Suite 200 San Luis Obispo, Ca 93401

See Attachment One for all location pick up points and frequency of pick-ups.

4. Vendor Taskings/Performance

4.1. Disposal and Collection Tasks

4.1.1. Contractor shall coordinate pickups with Safety office and Community Based Outpatient Clinics from Satellite Accumulation Areas ahead of arrival within 24 hrs. via email and phone.

4.1.2. Contractor shall provide all packing, disposal, and transport materials for 90-day Central Accumulation Areas at West Los Angeles on a quarterly basis and Sepulveda for 180-day Central Accumulation Storage for pickup every 6 months or as needed.

4.1.2.1. Contractor shall provide all manifest tracking documentation for signature and send to the proper regulatory agencies within required time frame.

4.1.3. Contractor shall provide all hard copies of manifests and tracking documentation to the VAGLA Safety office every quarter and an annual report.

4.1.4. Contractor shall provide all safety equipment for contracted staff. This includes, but not limited to hard hat, safety vest, steel toe or composite toe boots, hearing, and eye protection.

4.1.5. Contractor shall provide light tube packing materials in the following sizes of 4ft, 6ft and 8ft to all locations on an as needed basis for waste florescent light bulb collection.

4.1.6. Contractor shall provide disposal of all gas cylinders to include large oxygen tanks, small personal travel tanks and abandoned or discarded gas cylinders on an as needed basis from Bldg. 297, Bldg. 500 warehouses and hazardous materials storage in Bldg. 48 at the West LA Campus.

4.1.7. Contactor shall provide hazardous materials disposal of all waste codes to all locations.

4.1.8. Contractor shall provide regulatory licenses and permits prior to start of contract. List will be provided at start of contract.

4.1.9. Request for waste pickups at WLA, SACC, and LAACC must be picked up within 24 hours for onsite technician.

4.1.10. Request for waste pickups at outlying clinics must coordinated with clinic and safety office and be picked up within 5 business days after notification.

4.1.11. Contractor shall be experienced and maintain any Department of Transportation, Department of Toxic Substance Control certification, permits or licenses or trainings necessary to transport and handle hazardous waste, universal waste at all provided locations.

4.1.12. Contractor shall schedule via email at least 1 month before 90 or 180 central accumulation area Bldg. 48- West LA campus, and at Sepulveda Ambulatory Care Center cleanouts with COR or designee.

4.1.13. Contractor shall provide properly licensed drivers and chemist at all disposal cleanouts with a chemist shall have the following requirement: chemist shall have at minimum a Bachelor of Science degree in Chemistry from in addition to at least 10 years of experience in the hazardous waste field.

4.1.14. Contractor shall have at minimum the following equipment ready for use: vacuum trucks, heated pressure washer, both Class A and Class B vehicles, rocket launcher with bins for daily and emergency response.

4.1.15. All waste streams must be sent to disposal facilities within 10 days per regulatory requirements. VA will not be responsible for any fines or penalties contactor receives in execution of this contract.

4.1.16. As the need arises, the number and locations of CBOCs may be changed.

4.1.17. Current estimated list of waste to be picked up at each location:

West LA –

1. Flammable liquids – 2,200 gallons

2. Formalin – 400 gallons

3. DAB – 200 gallons

4. Dental amalgam – 50 lb

5. Covid test waste – 150 gallons

6. Laundry chemicals (corrosive / oxidizer / non-RCRA) – 300 gallons

7. Latex paint – 400 gallons

8. Oily water / oil – 900 gallons

9. Hand sanitizer (will diminish this year) – 20,000 lb

10. Cleaning chemicals (corrosive / non-RCRA / flammables) – 5,000 lb

11. Labpack waste (reactives / acute poisons / acrylics / halogens) – 200 lb

12. Batteries – 8,000 lb

13. Lamps – 4,000 lb

14. Ballasts – 3,000 lb

15. Mercury wastes – 20 lb

16. Lab debris / oily debris – 4,000 lb

17. E-waste – 2,500 lb

18. Barium waste – 1,800 lb

19. Flammable solids – 1,700 lb

20. Biohazardous waste / pathology waste – 800 lb

21. Compressed gas cylinders – 4,000 lb

22. Class 9 – 2,000 lb

23. Aerosols – 200 lb

24. Non-RCRA chemicals – 2,000 lb

25. Clarifier waste (non-hazardous) – 34,000 gallon

26. Empty drums – 2,000 lb

SACC –

1. Flammable liquids – 200 gallons

2. Formalin / PFA – 30 gallons

3. Latex paint – 200 gallons

4. Oily water / oil – 200 gallons

5. Dental amalgam – 20 lb

6. E-waste – 400 lb

7. Batteries – 800 lb

8. Photo waste – 20 gallon

9. Compressed gas cylinders – 100 lb

10. Biohazardous / pathology waste – 100 lb

11. Lamps – 1,800 lb

12. Ballasts – 1,400 lb

13. Labpack waste (reactives / acute poisons / acrylics / halogens) – 60 lb

14. Aerosols – 200 lb

15. Cleaning chemicals (corrosive / non-RCRA / flammables) – 800 lb

16. Oil / oily water – 400 gallon Clinics

1. Labpack waste (all hazard classes, including medicines) – < 50 lb

2. Batteries – 60 lb

3. Lamps – 80 lb No services shall be rendered outside the scope of this statement of work. Any changes outside the scope of work must be incorporated by a written modification to the contract prepared and executed by the VA Contracting Officer.

See Attachment One for the Hazardous Waste Accumulation Pick-Up Points, frequency of pick-ups, container quantities and types.

4.2. On Site Hazardous Materials Technician Tasks

4.2.1. Contractor shall employ a minimum of one (1) qualified on-site full-time hazardous materials technician Monday-Friday from 7:00 am-3:30 pm PST.

4.2.1.1. Contractor’s personnel shall be properly training, licensed and certified.

4.2.1.2. Contractor shall provide training certificates and licenses for all on site technicians at start of contract or as requested to the safety office for review prior to contract award.

4.2.1.3. Hazardous materials technician will be responsible for the following duties daily:

· Internal and external site inspections

· Waste profiling.

· Waste pickups at all satellite site locations and transport back to central accumulation area.

· Maintain regulatory inspection documentation.

· Weekly Central Accumulation Area inspections with documented checklist

· Weekly eye-wash inspection and test for Central Accumulation Areas at West LA and Sepulveda.

· Housekeeping of service vehicle and waste accumulation areas

· Maintain waste labeling.

· Bulking of chemicals

· Drive VA owned equipment as needed such as forklifts and vehicles and take VA driver training.

· Waste pickups requests will be made by phone call, text, or email. Technician must acknowledge receipt of waste pickup request. (For example, text back saying they will pick up, email reply etc.)

· Onsite technician is responsible for pickups at WLA, SACC, and LAACC on daily work week basis. Onsite technician main work site is WLA and will travel daily to SACC or LAACC as needed to fulfill pickup requests and other duties. Technician is to collect waste from room to room at each location and bring back to the Central Accumulation Area at West LA and Sepulveda respectively. For pickups at the clinics, it will be on as needed basis and returned to West LA or if the volume is large, i.e. light bulbs or drums, load will be sent directly to waste contractor’s site for disposal.

· Onsite technician must have current 40hr Hazardous Waste and Operations Emergency Response Certificate, Department of Transportation training and maintain those certifications.

VA staff are prohibited from assisting in the transport of hazardous waste from storage to transport vehicles and/or provide any labor, tools, or materials in the performance of this contract.

Reference Attachment One for the Hazardous Waste Accumulation Pick-Up Points, frequency of pick-ups, container quantities and types.

4.2.2. Emergency Response/After Hours Tasks

4.2.2.1.1. Contractor shall respond within 4hrs of notification to West Los Angeles, Sepulveda, and Los Angeles Ambulatory Care Centers 24/7 365 days a year.

4.2.2.1.2. Contractor shall provide all cleanup material and is responsible for all disposals.

4.2.2.1.3. Contractor shall be able to respond within 6hrs to Northern Clinics 24/7 365 days a year.

4.2.2.1.4. Contractor shall provide all safety equipment for contracted staff. This includes hard hat, safety vest, steel toe or composite toe boots, hearing, hand, and eye protection.

4.2.2.1.5. Contractor will respond to approximately 10 emergency responses per year system wide.

4.3. Grease Trap Cleanout Tasks

4.3.1. Contractor will pump out a 1200-gallon tank once a quarter or as needed by demand at bldg. 605 (hospital kitchen) in the West LA Campus

4.3.2. Contractor must provide all required permits.

4.3.3. Contractor shall provide all manifests.

4.3.4. Contractor is responsible for cleaning up all spillage from tank, hoses, or truck.

5. Travel

6.1 All travel in in relation to this contract will be at no cost to the VA.

6. Security Requirements

6.1. Contractors will not have access to VA computer systems.

6.1.1. All contractor staff shall always wear a VA ID badge at all sites.

6.1.2. Must remove or obscure any protected health information or other personally identifiable information prior to disposal.

6.2. The C&A requirements do not apply, and that a Security Accreditation Package is not required.

7. Period of Performance

One Year after Date of Award

Work Hours

Normal hours of operation are Monday through Friday from 7:00 am to 3:30 pm Pacific time. All work is expected to be performed generally during normal hours of coverage.

Federal Holidays

If the holiday falls on a Sunday, the following Monday will be observed as a national holiday. When a holiday falls on a Saturday, the preceding Friday is observed as a National holiday by U.S. Government Agencies, and any day specifically declared by the President of the United States of America.

8. Identification, Check-in, Parking, and Smoking Regulations

Identification

The vendor's employees shall wear visible identification at all times while on VAGLAHCS premises. Contractor employees shall report to VA Police upon entry to the VAGLAHCS facility to get a visitor badge. Contractor employees are required to be escorted by the COR or designee’s office once on campus prior to commencement of work. During emergencies contractor personnel shall check in with VAGLAHCS Police if the VAGLAHCS COR or designee is not available.

Parking

It is the responsibility of the contract personnel to park in the appropriate designated parking areas. Parking information is available from VA Police & Security Service Office. The Contractor assumes full responsibility for any parking violations.

Smoking

Contractor personnel may smoke only in designated areas. It is the responsibility of the VISN 22 Healthcare Facilities to provide a safe and healthful environment for employees and patients and to serve as a leader in community health awareness and education. It is in fulfillment of this obligation that the facilities are committed to the establishment of a smoke-free environment. This policy applies to every location in the Healthcare Facilities. There shall be no smoking within 25 feet of all entrances to buildings. Smoking is allowed in all outside areas that are 25 feet away from entrances to buildings unless indicated otherwise. Enclosed patios connected to facility buildings are considered part of the building and as such are non-smoking areas.

Weapons and Contraband

Possession of weapons or contraband is prohibited and shall be subject to arrest and termination from future performance under this contract. Enclosed containers, including tool kits, shall be subject to search. Violations of VAGLAHCS regulations may result in citation answerable in the United States (Federal) District Court, not a local district, state, or municipal court.

Safety

All personnel employed by the Contractor in the performance of this contract, or any representative of the Contractor entering on VAGLAHCS shall comply with applicable Federal, State, and VA safety and fire regulations and codes, which are in effect during the performance period of the contract.

Contractor shall perform work in strict accordance with existing relevant, accredited standards and codes to minimize the possibility of injury to personnel, or damage to Government equipment. Every effort shall be made to safeguard human life and property.

Contractor shall comply with all applicable Federal, State, and local requirements regarding workers’ health and safety. The requirements include, but are not limited to, those found in Federal and State Occupational Safety and Health Act (OSHA) statutes and regulations, such as applicable provisions of Title 29, Code of Federal Regulations (CFR), Parts 1910 and 1926, NFPA 70E, Article 130.7 29 CFR 1910.132(d)(1)(iii), 29CFR1910.137.

Contractor shall provide all necessary tools, and Personal Protective Equipment (PPE) to perform the work safely, effectively, and timely.

9. Contractor Personnel

Contractor’s Program Manager

The Contractor shall provide a contract program manager who shall be responsible for the performance of the work. The name of this person shall be designated in writing to the Contracting Officer. The Contractor’s Program Manager shall have full authority to act for the Contractor on all contract matters relating to daily operation of this contract.

Contractor’s Employees

The Contractor shall not employ persons for work on this contract if such employee is identified to the Contractor as a potential threat to the health, safety, security, general well-being or operational mission of the installation and its population.

Contract Personnel shall be subject to the same quality assurance standards or exceed current recognized national standards as established by the Joint Commission (JC).

10. Contractor Qualifications & Other Responsibilities

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.

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. Invoicing and Payment

Overtime & Holiday Pay

Any overtime and/or holiday 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. Contractor will bill and be paid for actual services provided by Contractor personnel. Contractor will not be paid for “availability” or “on-call” services unless otherwise provided herein.

Invoices

Payment of services rendered under this contract shall be made in arrears upon satisfactory completion of each service and receipt of a properly prepared invoice and submitted by the Contractor to the payment address specified by Contracting. Invoices shall reference the Contract Number and Purchase Order Number, Manifest Number(s), provide a complete and accurate description of services/ supplies delivered/ rendered, including dates of performance, amounts, unit prices, extended totals, and any other data relevant for payment purposes.

The Government shall not authorize payment until such time that the VAGLAHCS COR all properly executed and signed documentation.

No advance payments shall be authorized. Payment shall be made on a monthly arrears for services provided during the billing month in arrears, or upon completion of services. Upon submission of a properly prepared invoice for prices stipulated in this contract for services delivered and accepted in accordance with the terms and conditions of the contract, less any deductions stipulated in this contract.

Payment of invoices may be delayed if the appropriate invoices as specified in the contract are not completed and submitted as required.

B.2 PRICE/COST SCHEDULE

ITEM INFORMATION

Greater Los Angeles VA Healthcare System - West LA Main Campus Location: Furnish all labor, materials, supplies, equipment, transportation, and qualified personnel necessary to provide hazardous waste disposal, collection, and emergency response services (IAW Statement of Work and Attachment 1- Hazardous Waste Pickup Containers and Frequency).

Contract Period: Base POP Begin:

POP End:

PRINCIPAL NAICS CODE: 562211 - Hazardous Waste Treatment and Disposal PRODUCT/SERVICE CODE: F999 - Other Environmental Services

Sepulveda Ambulatory Care Center (SACC) Location: Furnish all labor, materials, supplies, equipment, transportation, and qualified personnel necessary to provide hazardous waste disposal, collection, and emergency response services (IAW Statement of Work and Attachment 1- Hazardous Waste Pickup Containers and Frequency).

POP Begin:

POP End:

Los Angeles Ambulatory Care Center (LACC) Location: Furnish all labor, materials, supplies, equipment, transportation, and qualified personnel necessary to provide hazardous waste disposal, collection, and emergency response services (IAW Statement of Work and Attachment 1- Hazardous Waste Pickup Containers and Frequency).

POP Begin:

POP End:

East Los Angeles Community Based Outpatient Clinic (CBOC) Location: Furnish all labor, materials, supplies, equipment, transportation, and qualified personnel necessary to provide hazardous waste disposal, collection, and emergency response services (IAW Statement of Work and Attachment 1- Hazardous Waste Pickup Containers and Frequency).

POP Begin:

POP End:

Antelope Valley Community Based Outpatient Clinic (CBOC) Location: Furnish all labor, materials, supplies, equipment, transportation, and qualified personnel necessary to provide hazardous waste disposal, collection, and emergency response services (IAW Statement of Work and Attachment 1- Hazardous Waste Pickup Containers and Frequency).

POP Begin:

POP End:

Captain Rosemary Bryant Mariner Community Based Outpatient Clinic (CBOC) Location: Furnish all labor, materials, supplies, equipment, transportation, and qualified personnel necessary to provide hazardous waste disposal, collection, and emergency response services (IAW Statement of Work and Attachment 1- Hazardous Waste Pickup Containers and Frequency).

POP Begin:

POP End:

Bakersfield Community Based Outpatient Clinic (CBOC) Location: Furnish all labor, materials, supplies, equipment, transportation, and qualified personnel necessary to provide hazardous waste disposal, collection, and emergency response services (IAW Statement of Work and Attachment 1- Hazardous Waste Pickup Containers and Frequency).

POP Begin:

POP End:

San Gabriel Valley Community Based Outpatient Clinic (CBOC) Location: Furnish all labor, materials, supplies, equipment, transportation, and qualified personnel necessary to provide hazardous waste disposal, collection, and emergency response services (IAW Statement of Work and Attachment 1- Hazardous Waste Pickup Containers and Frequency).

POP Begin:

POP End:

Santa Barbara Community Based Outpatient Clinic (CBOC) Location: Furnish all labor, materials, supplies, equipment, transportation, and qualified personnel necessary to provide hazardous waste disposal, collection, and emergency response services (IAW Statement of Work and Attachment 1- Hazardous Waste Pickup Containers and Frequency).

POP Begin:

POP End:

Santa Maria Community Based Outpatient Clinic (CBOC) Location: Furnish all labor, materials, supplies, equipment, transportation, and qualified personnel necessary to provide hazardous waste disposal, collection, and emergency response services (IAW Statement of Work and Attachment 1- Hazardous Waste Pickup Containers and Frequency).

POP Begin:

POP End:

San Luis Obispo Community Based Outpatient Clinic (CBOC) Location: Furnish all labor, materials, supplies, equipment, transportation, and qualified personnel necessary to provide hazardous waste disposal, collection, and emergency response services (IAW Statement of Work and Attachment 1- Hazardous Waste Pickup Containers and Frequency).

POP Begin:

POP End:

Page 1 of Page 1 of

SECTION C - CONTRACT CLAUSES

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

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

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

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

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

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

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

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

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

(g) Invoice.

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

(i) Name and address of the Contractor;

(ii) Invoice date and number;

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

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

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

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

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

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

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

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

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

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

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

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

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

(i) Payment.—

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

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

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

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

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

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

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

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

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

(D) Contractor point of contact.

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

(6) Interest.

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

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

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

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

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

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

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

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

(A) The date fixed under this contract.

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

(1) The schedule of supplies/services.

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

(3) The clause at 52.212-5.

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

(5) Solicitation provisions if this is a solicitation.

(6) Other paragraphs of this clause.

(7) The Standard Form 1449.

(8) Other documents, exhibits, and attachments

(9) The specification.

(t) [Reserved]

(u) Unauthorized Obligations.

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

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

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

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

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

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

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

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

C.2 52.217-8 OPTION TO EXTEND SERVICES (NOV 1999)

The Government may require continued performance of any services within the limits and at the rates specified in the contract. These rates may be adjusted only as a result of revisions to prevailing labor rates provided by the Secretary of Labor. The option provision may be exercised more than once, but the total extension of performance hereunder shall not exceed 6 months. The Contracting Officer may exercise the option by written notice to the Contractor within 30 days.

(End of Clause)

C.3 VAAR 852.232-72 ELECTRONIC SUBMISSION OF PAYMENT REQUESTS (NOV 2018)

(a) Definitions. As used in this clause—

(1) Contract financing payment has the meaning given in FAR 32.001;

(2) Designated agency office means the office designated by the purchase order, agreement, or contract to first receive and review invoices. This office can be contractually designated as the receiving entity. This office may be different from the office issuing the payment;

(3) Electronic form means an automated system transmitting information electronically according to the accepted electronic data transmission methods and formats identified in paragraph (c) of this clause. Facsimile, email, and scanned documents are not acceptable electronic forms for submission of payment requests;

(4) Invoice payment has the meaning given in FAR 32.001; and

(5) Payment request means any request for contract financing payment or invoice payment submitted by the contractor under this contract.

(b) Electronic payment requests. Except as provided in paragraph (e) of this clause, the contractor shall submit payment requests in electronic form. Purchases paid with a Government-wide commercial purchase card are considered to be an electronic transaction for purposes of this rule, and therefore no additional electronic invoice submission is required.

(c) Data transmission. A contractor must ensure that the data transmission method and format are through one of the following:

(1) VA’s Electronic Invoice Presentment and Payment System at the current website address provided in the contract.

(2) Any system that conforms to the X12 electronic data interchange (EDI) formats established by the Accredited Standards Center (ASC) and chartered by the American National Standards Institute (ANSI).

(d) Invoice requirements. Invoices shall comply with FAR 32.905.

(e) Exceptions. If, based on one of the circumstances in this paragraph (e), the Contracting Officer directs that payment requests be made by mail, the Contractor shall submit payment requests by mail through the United States Postal Service to the designated agency office. Submission of payment requests by mail may be required for—

(1) Awards made to foreign vendors for work performed outside the United States;

(2) Classified contracts or purchases when electronic submission and processing of payment requests could compromise the safeguarding of classified or privacy information;

(3) Contracts awarded by contracting officers in the conduct of emergency operations, such as responses to national emergencies;

(4) Solicitations or contracts in which the designated agency office is a VA entity other than the VA Financial Services Center in Austin, Texas; or

(5) Solicitations or contracts in which the VA designated agency office does not have electronic invoicing capability as described above.

(End of Clause)

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

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

(End of Clause)

C.5 52.252-2 CLAUSES INCORPORATED BY REFERENCE (FEB 1998)

This contract incorporates one or more clauses by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. Also, the full text of a clause may be accessed electronically at this/these address(es):

https://www.acquisition.gov/browse/index/far https://www.va.gov/oal/library/vaar/

(End of Clause)

(End of Addendum to 52.212-4)

C.6 52.212-5 CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT STATUTES OR EXECUTIVE ORDERS—COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES (JAN 2025)

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

(1)…