S02 36C26026Q0390.pdf

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Puget Sound VAHCS Regulated Medical Waste Disposal Service
Solicitation number
36C26026Q0390
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This is a Request for Quote (RFQ) for Regulated Medical Waste (RMW) disposal services for the VA Puget Sound Healthcare System.

The Department of Veterans Affairs, NCO 20 Network Contracting Office, is soliciting quotes for regulated medical waste collection, transportation, and disposal services across ten VA facilities in Washington State, including the Seattle and American Lake medical centers and nine community-based outpatient clinics. The base period of performance runs from April 1, 2026, through March 31, 2027, with four optional one-year extension periods through March 31, 2031. The estimated contract value is $47 million. Vendors must be licensed by the Washington Utilities and Transportation Commission (UTC) to provide RMW disposal services in Washington State. Quote responses must be received by March 20, 2026, at 4:30 PM Pacific Time via email to brian.millington@va.gov. Questions are accepted until March 12, 2026, at 4:30 PM Pacific Time. The acquisition is unrestricted (not set aside for small business).

Quotes will be evaluated on four factors: executed SF 1449 form, price, technical capability, and past performance. The successful vendor must provide collection containers, manifests, transportation, and disposal services with pickups occurring no later than seven calendar days from the previous pickup (or within 24 hours following emergencies or holidays). Historical monthly waste volumes range from 50 to 18,000 pounds across locations. The contractor must maintain a quality control plan, comply with all federal, state, and local regulations, provide emergency response services, and pass a Tier 1 background investigation for employee access to VA facilities. Payments will be made in arrears after service delivery verification, with invoices submitted electronically. The contract incorporates standard FAR clauses for commercial services and includes applicable wage determination requirements.

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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

663-26-3-567-0005

36C26026Q0390 03/10/2026

Brian Millington 253-888-4914 03/20/2026

16:30 PST

36C260 NCO 20 Network Contracting Office

ATTN: V4CONT

1601 E. Fourth Plain Blvd Bldg.17, Suite B428 Vancouver WA 98661

X

562211

$47 Million

NET 30 N/A

X

36C260

Department of Veterans Affairs Puget Sound VA Healthcare System

1660 South Columbian Way Seattle WA 98108

36C260

NCO 20 Network Contracting Office

ATTN: V4CONT

1601 E. Fourth Plain Blvd Bldg.17, Suite B428 Vancouver WA 98661

Department of Veterans Affairs

FMS-VA-2(101)

Financial Services Center PO Box 149971 Austin TX 78714-9971

Puget Sound VAHCS requires Regulated Medical Waste disposal service IAW the Statement of Work, and Price Cost Schedule.

The Period of Performance will be as follows.

Base Year: 04/01/2026 - 03/31/2027 Option Year 1: 04/01/2027 - 03/31/2028 Option Year 2: 04/01/2028 - 03/31/2029 Option Year 3: 04/01/2029 - 03/31/2030 Option Year 4: 04/01/2030 - 03/31/2031

Vendor must be licensed by WA Utilities and Transportation Commission (UTC) to conduct RMW disposal service in WA State

Vendors shall thoroughly review the quote preparation requirements in Section E.2 Quote Preparation and E.8.

Deadline for questions is 03/12/2026 @ 4:30 pm Pacific.

Deadline for quote submittal is 03/20/2026 @ 4:30 pm Pacific

Email questions and quotes to brian.millington@va.gov

663-3660162-567-856700-2580 0100561Z4

X X

Brian Millington Contracting Officer

36C26026Q0390

Table of Contents

SECTION A

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

AND COMMERCIAL SERVICES

SECTION B - CONTINUATION OF SF 1449 BLOCKS

B.1 CONTRACT ADMINISTRATION DATA

B.2 STATEMENT OF WORK

B.3 PRICE/COST SCHEDULE

ITEM INFORMATION

SECTION C - CONTRACT CLAUSES

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

AND COMMERCIAL SERVICES (NOV 2023)

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

C.3 52.217-9 OPTION TO EXTEND THE TERM OF THE CONTRACT (MAR 2000) ... 30

C.4 VAAR 852.232-72 ELECTRONIC SUBMISSION OF PAYMENT REQUESTS (NOV

2018)

C.5 VAAR 852.242-71 ADMINISTRATIVE CONTRACTING OFFICER (OCT 2020) ... 31

C.6 52.252-2 CLAUSES INCORPORATED BY REFERENCE (FEB 1998)

SECTION D - CONTRACT DOCUMENTS, EXHIBITS, OR ATTACHMENTS

D.1 WAGE DETERMINATION

SECTION E - SOLICITATION PROVISIONS

E.1 52.212-1 INSTRUCTIONS TO OFFERORS—COMMERCIAL PRODUCTS AND

COMMERCIAL SERVICES (SEP 2023)

E.2 ADDENDUM to FAR 52.212-1 INSTRUCTIONS TO OFFERORS QUOTE

PREPARATION

E.3 52.204-24 REPRESENTATION REGARDING CERTAIN TELECOMMUNICATIONS

AND VIDEO SURVEILLANCE SERVICES OR EQUIPMENT (NOV 2021)

E.4 52.252-1 SOLICITATION PROVISIONS INCORPORATED BY REFERENCE (FEB

1998)

E.5 52.204-24 REPRESENTATION REGARDING CERTAIN TELECOMMUNICATIONS

AND VIDEO SURVEILLANCE SERVICES OR EQUIPMENT (NOV 2021)

E.6 52.204-29 FEDERAL ACQUISITION SUPPLY CHAIN SECURITY ACT

ORDERS—REPRESENTATION AND DISCLOSURES (DEC 2023)

E.7 52.233-2 SERVICE OF PROTEST (SEP 2006)

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 52.212-2 EVALUATION—COMMERCIAL PRODUCTS AND COMMERCIAL

SERVICES (NOV 2021)

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 NCO 20 Network Contracting Office

ATTN: V4CONT

1601 E. Fourth Plain Blvd Bldg.17, Suite B428 Vancouver WA 98661

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] In Arrears After Service

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:

AMENDMENT NO DATE

B.2 STATEMENT OF WORK

STATEMENT OF WORK

Puget Sound VAHCS Regulated Medical Waste Disposal Service.

1. Contract Title: Regulated Medical Waste Collection and Disposal Service

2. Background: The Puget Sound VA Health Care System (PSVAHCS) is comprised of Seattle and American Lake campuses, Mt Vernon VA Clinic, Port Angeles CBOC, Silverdale CBOC, Puyallup CBOC, Everett CBOC, Oak Harbor CBOC, Auburn CBOC, and Olympia Medical Center. All facilities have a requirement for storage, removal, and disposal of regulated medical waste as described below.

This service shall include, but not limited to, providing pick-up, manifest, transportation to processing facilities and providing suitable clean containers and labels, that are OSHA, EPA, and DOT approved.

Contractor shall ensure that all Local, State and Federal laws and codes for handling and transportation of Regulated Medical Waste are met or exceeded. Contractor vehicles shall meet or exceed all City, County, State and Federal licensing and vehicle requirements as mandated by the State of Washington.

3. Description of Services: This is a non-personal service requirement for a Contractor to furnish all personnel, equipment, acceptable receptacles and supplies, insurance, proper licensing, tools, materials, travel, transportation, and supervision necessary to provide Regulated Medical waste Removal Services for the Veteran Affairs (VA) Puget Sound Healthcare System. The Government shall not exercise any supervision or control over the contract service providers performing the service heroin. Such contract service providers shall be accountable solely to the contractor, who in turn is responsible to the Government.

4. Specific Tasks:

4.1 Calls for Service: The Contractor shall respond only to calls for service placed by the following VA personnel:

i. Contracting Officer

ii. Contracting Officer’s Representative (COR)

iii. Chief or Assistant Chief, Environmental Management Services

4.2 Included Work: Included Work – The contractor shall provide the required containers (receptacles) to be utilized to discard the waste materials, as well as boxes, bags, and supplies.

4.3 Waste: The waste shall be placed into a receptacle at the facility to be picked up no later than seven

(7) calendar days from the date of the previous/last pickup. In the event of a Holiday, natural disaster, or any event that causes a delay in schedule, the receptacle shall be picked up no later than 24 hours after such event occurs.

4.4 Place of Performance: The contractor shall pick up at the following locations (see attachment A for physical address of location):

Seattle VA Medical Center, 1660 South Columbian Way, Loading Dock Seattle, WA 98108-1532

American Lake VA Medical Center, 9600 Veterans Drive Southwest, Buildings 81, 2, 200, 7, and 85 Tacoma, WA 98493-0003

Mount Vernon CBOC 307 South 13th Street, Suite 200 Mount Vernon, WA 98274

Oak Harbor CBOC 3475 North Saratoga Street, Building 993, Oak Harbor, WA 98278

Port Angeles CBOC 1114 Georgiana Street, Port Angeles, WA 98362

Silverdale CBOC 9177 Ridgetop Boulevard NW Silverdale, WA 98383

Puyallup CBOC 11216 Sunrise Boulevard East, Suite 209, Building 3, Puyallup, WA 98374

Olympia CBOC 500 Lilly Road Northeast, Suites 201 and 202 Olympia, WA 98506

Everette CBOC – 220 Olympic Boulevard Everett, WA 98203

Auburn CBOC 1002 15th St, SW Suite 150, Auburn WA 98001

Average Monthly Usage per location: ** The Historical Data figures below are for information purpose only and not a guarantee of the medical waste that may be produced and needed to be picked up. **

LOCATION AVERAGE

MONTHLY

POUNDS

COLLECTION FREQUENCY

Seattle Campus 18,000 +/- Anticipate a minimum of two (2) per week.

American Lake Campus 400 +/- Anticipate a minimum of one (1) per week.

Mount Vernon CBOC 100 +/- Anticipate a minimum of one (1) collection per week.

Port Angeles CBOC 50 +/- Anticipate a minimum of one (1) collection per week.

Silverdale 50 +/- Anticipate a minimum of one (1) collection per week.

Puyallup 50 +/- Anticipate a minimum of one (1) collection per week.

Olympia 50 +/- Anticipate a minimum of one (1) collection per week.

Everett 100 +/- Anticipate a minimum of one (1) collection per week.

Oak Harbor 50 +/- Anticipate a minimum of one (1) collection per week.

Auburn CBOC 50 +/- Anticipate a minimum of one (1) collection per week.

5. Personnel: Personnel performing duties pursuant to this requirement shall be properly licensed to operate the Machinery, equipment, and vehicles necessary to fulfill the requirement. The employees shall wear proper clothes, such as a uniform with company name and logo.

6. Safety: The contractor shall obtain all necessary licenses and/or permits required to perform this work.

The successful contractor shall comply with all Federal, State, County, and City laws and regulations and governing bodies. Contractor shall take all precautions necessary to protect people and property from injury or damage during the performance of this contract. Contractor shall be responsible for any injury to any Contractor’s representative, or others, as well as for any damages to personal or public property that occurs during the performance of this contract that is caused by the Contractor or the caused due to the negligence of the Contractor.

7. Physical Security: The Contractor shall safeguard all Government property in the work area. At the end of each delivery or pickup, facilities and equipment shall be restored to their original condition. Each facility site may have multiple collection and supply locations. The COR shall determine the appropriate delivery of supplies and collection of regulated medical waste.

8. Quality Control: The Contractor shall establish and maintain a complete Quality Control Plan to ensure that the requirements of the contract are provided as specified. One copy of the contractor’s Quality Control Plan shall be provided to the Contracting Officer no later than the pre-performance conference. An updated copy must be provided to the contract officer on the contract start date and as changes occur.

a) The plan shall describe the methods for identifying and preventing defects before the level of performance becomes unacceptable.

b) Upon request, the Contractor shall furnish a copy of the latest Occupational Safety and Health Administration (OSHA), Labor of Industries, Washington State Utilities and Transportation Commission, Public Health Department, and any other governing body training records.

9. Quality Assurance: The Government shall evaluate the contractor’s performance under this contract using the method of surveillance. All surveillance observations shall be recorded by the Government.

When an observation indicates defective performance, the COR shall obtain the Contractor’s representative’s initials on the record of observation.

10. Administrative Issues:

a) Payment: Payment shall be made in arrears of the specified billing period after the receipt of a properly prepared invoice, provided all required work has been performed in accordance with contract stipulations, and can be verified with service reports signed by VA personnel. Contractor is responsible for all tracking documents (i.e. manifest, etc.) and must provide monthly report to include weights and proper disposal via treatment and landfill or incineration as required by law.

b) Contracted Services: Services are to be accomplished subject to emergency situations as defined by VA, which may require alteration of schedules. If the VA declares a medical facility emergency or natural disaster or participates in a Federal and /or DOD drill, the Contractor shall perform services as required by the medical facility disaster plan. The contractor shall provide an emergency pick-up within 24 hours of the emergency call.

c) Parking: Parking is available for Contractor Vehicles on the VA grounds. It is the responsibility of the Contractor to park in the appropriate designated parking areas and to observe all traffic regulations while on VA facility. The VA shall not invalidate or make reimbursement for parking or traffic violations of the Contractor under any conditions. Information on parking is available from the VA Police Station.

d) Contractor POC: The Contractor shall specify a point of contact (with phone number) as the designated contact for VA and the parties shall meet as needed. The point of contact can be reached during normal business hours and off-duty hours and you can be able to respond within one hour of notification by the VA and take prompt action on matters pertaining to the contract.

e) Hours of Operation: Monday through Friday, excluding Federal Holidays, 8:00am to 4:30pm.

The following is a list of Federal Holidays observed by the Government –

New Year’s Day Martin Luther King Jr’s Birthday President’s Day Labor Day Memorial Day Columbus Day Veteran’s Day Thanksgiving Day

Juneteenth Independence Day Christmas Day

f) Safety Requirements: The contractor employees shall not have access to VA sensitive or computer information. The contractor employees will require routine access to VA facilities (specific locations mentioned above). Tier 1 background investigation is required.

11. Standard Definitions:

a) Contract Discrepancy Report: A written report provided to the Contracting Officer when the Contracting Officer’s Representative (COR), discovers that there is a discrepancy between the contractor’s performance and the actual contract.

b) Contracting Officer: (CO) A person duly appointed with the authority to enter and administer contracts on behalf of the US Government.

c) Contracting Officers Representative: (COR) An individual designated by the Contracting

Officer to act as his representative to assist in administering a contract. The source and authority for COR are contained in the written letter of designation.

d) Deduct Schedule: Table utilized to indicate the amount the Government shall deduct from monthly invoices for non/poor performance.

e) Government Property: All property owned or leased to the government or acquired by the government under the terms of the contract. Government property includes both governments furnished property and contractors acquired property as defined in FAR 45.101

f) Quality Assurance (QA): Actions taken by the Government to assure services meet the requirements of the Statement of Work (SOW) and all other service outputs.

g) Quality Control: Actions taken by a contractor to monitor and control the performance of services so that they meet the requirements of SOW.

12. Uniforms:

The Contractor shall provide a standard custodial type of uniform which is easily recognizable and clearly distinguish them as the “Contractor” for employees. Contractor shall follow guidance per the current Wage Determination incorporated. Uniforms shall present a neat, distinctive appearance; shall be clean and maintained in good repair; and shall be worn as designed by the manufacturer. The Contractor shall wear appropriate footwear that will cover the entire foot for safety purposes. The Contractor shall not wear hats.

13. Training and Security:

a. Favorable adjudication from a successful security background investigation may take approximately 4-6 weeks on average (possibly more or less) depending on the candidates progress and how quickly and correctly all steps within this section are followed. Candidates may not start work without favorable adjudication.

b. Contractor employees shall complete all initial VHA Contractor onboarding requirements (Form 1A) within five (5) business days after post-award meeting. The remaining VSC packet must be completed and submitted to VSC within 10 business days after post-award meeting or within 10 business days of new hire(s) (Deliverable 4). The COR or Government POC will assist the Contractor throughout this process and Contractor must work diligently to complete the onboarding documents. FORMS MUST BE LEGIBLE.

c. After onboarding documents are completed, COR or Government POC will schedule fingerprinting appointments. Fingerprints must be submitted by Contractor employees at any Veterans Affairs Medical Center (VAMC) with PIV enrollment.

In Seattle, the following VAMC locations conduct fingerprinting:

Seattle VAMC, Building 7, 1660 S. Columbian Way, Seattle, WA 98108

d. Contractor employees must complete Background Investigation prior to performing in any capacity on VA property.

e. All Contractor employees are subject to the same level of investigation as VA employees who have routine access to VA Facilities. The level of background investigation commensurate with the level of access needed to perform the PWS is Tier 1. All Contractor employees shall be required to complete at least a National Agency Check with Inquiries (NACI) prior to beginning services. NACI must be favorably adjudicated prior to the start of work. No Contractor employee may begin work without a favorably adjudication.

f. It is the responsibility of the Contractor to promptly and correctly assist new hires during onboarding process. Contractor shall assist new hires with properly filling out forms and background check to ensure minimal mistakes.

AQL: No more than three (3) mistakes on onboarding forms per one (1) year period of performance.

g. All Contractor employees and subcontractor employees shall complete the following before the commencement of work: Sign and acknowledge (either manually or electronically) understanding of and responsibilities for compliance with the Contractor Rules of Behavior, See Section D.

Successfully complete the VA Privacy and Information Security Awareness and Rules of Behavior training and annually. Contractor shall also complete required security training, as well as bloodborne pathogen/exam room training.

h. The Contractor shall provide to the Contracting Officer and/or the COR or Government POC a copy of the training certificates and certification of signing the Contractor Rules of Behavior for each applicable employee before the employee begins work and annually thereafter, as required.

The Contractor shall provide to the Contracting Officer and/or the COR or Government POC a copy of the training certificates and certification of signing the Contractor Rules of Behavior for each applicable employee before the employee begins work and annually thereafter, as required.

Failure to complete the mandatory annual training and sign the Rules of Behavior annually, within the timeframe required, is grounds for suspension or termination of all physical or electronic access privileges and removal from work on the contract until the training and documents are complete.

14. Security Requirements.

The Contractor employees shall not have access to VA sensitive or computer information and will not require routine access to VA Facilities. The Contractor employees shall require intermittent access only and will be escorted by VA employees while at VA Facilities. No background investigation is required. A flash badge shall be obtained from the VA Facility Human Resource office. The flash badge will be worn while the Contractor employee(s) is on-site and will be returned to the HR office, upon completion of that job.

15. Privacy Officer Language for Statement of Work (SOW).

Information made available to the contractor or subcontractor by VA for the performance or administration of this contract or information developed by the contractor/subcontractor in performance or administration of the contract shall be used only for those purposes and shall not be used in any other way without the prior written agreement of the VA. This clause expressly limits the contractor/subcontractor's rights to use data as described in Rights in Data- General, FAR 52.227-14(d) (1).VA information should not be co-mingled, if possible, with any other data on the contractors/subcontractor’s information systems or media storage systems in order to ensure VA requirements related to data protection and media sanitization can be met. If co-mingling must be allowed to meet the requirements of the business need, the contractor must ensure that VA’s information is returned to the VA or destroyed in accordance with VA’s sanitization requirements. VA reserves the right to conduct on-site inspections of contractor and subcontractor IT resources to ensure data security controls, separation of data and job duties, and destruction/media sanitization procedures are in compliance with VA directive requirements.

Prior to termination or completion of this contract, the contractor/subcontractor must not destroy information received from VA, or gathered/created by the contractor in the course of performing this contract without prior written approval by the VA. Any data destruction done on behalf of VA by a contractor/subcontractor must be done in accordance with National Archives and Records Administration (NARA) requirements as outlined in VA Directive 6300, Records and Information Management and its Handbook 6300.1 Records Management Procedures, applicable VA Records Control Schedules, and VA Handbook 6500.1, Electronic Media Sanitization. Self-certification by the contractor that the data destruction requirements above have been met must be sent to the VA Contracting Officer within 30 days of termination of the contract. The contractor/subcontractor must receive, gather, store, back up, maintain, use, disclose and dispose of VA information only in compliance with the terms of the contract and applicable Federal and VA information confidentiality and security laws, regulations and policies. If Federal or VA information confidentiality and security laws, regulations and policies become applicable to the VA information or information systems after execution of the contract, or if NIST issues or updates applicable FIPS or Special Publications (SP) after execution of this contract, the parties agree to negotiate in good faith to implement the information confidentiality and security laws, regulations and policies in this contract.

16. Records Management Language for Contracts Required.

The following standard items relate to records generated in executing the contract and should be included in a typical Electronic Information Systems (EIS) procurement contract: Citations to pertinent laws, codes and regulations such as 44 U.S.C chapters 21, 29, 31 and 33; Freedom of Information Act (5 U.S.C. 552);

Privacy Act (5 U.S.C. 552a); 36 CFR Part 1222 and Part 1228. Contractor shall treat all deliverables under the contract as the property of the U.S. Government for which the Government Agency shall have unlimited rights to use, dispose of, or disclose such data contained therein as it determines to be in the public interest. Contractor should not create or maintain any records that are not specifically tied to or authorized by the contract using Government IT equipment and/or Government records. Contractor shall not retain, use, sell, or disseminate copies of any delivery that contains information covered by the Privacy Act of 1974 or that which is generally protected by the Freedom of Information Act. Contractor should not create or maintain any records containing any Government Agency records that are not specifically tied to or authorized by the contract. The Government Agency owns the rights to all data/records produced as part of this contract. The Government Agency owns the rights to all electronic information (electronic data, electronic information systems, electronic databases, etc.) and all supporting documentation created as part of this contract. Contractors must deliver sufficient technical documentation with all data deliverables to permit the agency to use the data. Contractor agrees to comply with Federal and Agency records management policies, including those policies associated with the safeguarding of records covered by the Privacy Act of 1974. These policies include the preservation of all records created or received regardless of format [paper, electronic, etc.] or mode of transmission [e-mail, fax, etc.] or state of completion [draft, final, etc.]. No disposition of documents will be allowed without the prior written consent of the Contracting Officer. The Agency and its contractors are responsible for preventing the alienation or unauthorized destruction of records, including all forms of mutilation. Willful and unlawful destruction, damage or alienation of Federal records is subject to the fines and penalties imposed by 18 U.S.C. 2701. Records may not be removed from the legal custody of the Agency or destroyed without regard to the provisions of the agency records schedules. Contractor is required to obtain the Contracting Officer's approval prior to engaging in any contractual relationship (sub-contractor) in support of this contract requiring the disclosure of information, documentary material and/or records generated under, or relating to, this contract. The Contractor (and any sub-contractor) is required to abide by Government and Agency guidance for protecting sensitive and proprietary information.

Appendix A:

VA Puget Sound HCS Seattle: VA Puget Sound HCS American Lake:

1660 S. Columbian Way 9600 Veterans Drive SW Seattle, WA 98108 Tacoma, WA 98493

CBOC Mount Vernon CBOC Port Angeles 307 S 13th St. 1114 Georgiana St.

Mt. Vernon, WA 98274 Port Angeles, WA 98362

CBOC Silverdale CBOC Olympia 9177 Ridgetop Blvd NW 500 Lilly Rd NE, Suites 201 & 204A Silverdale, WA 98383 Olympia, WA 98506

CBOC Puyallup CBOC Everett 11102 Sunrise Blvd E 220 Olympic Blvd Bldg 3, Suites 204 & 209 Everette, WA 98203 Puyallup, WA 98374

CBOC Auburn Oak Harbor CBOC 1002 15th St. SW, Suite 150 3475 North Saratoga St Auburn, WA 98001 Oak Harbor, WA 98278

B.3 PRICE/COST SCHEDULE

ITEM INFORMATION

ITEM

NUMBER

DESCRIPTION OF

SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

12.00 Mo __________________ __________________

Services, Non-Personal: The Contractor shall provide 18,000 Pounds per Month of Regulated Medical Waste Removal Services for:

VA Puget Sound HCS Seattle Campus 1660 S. Columbian Way Seattle, WA 98108

Contract Period: Base POP Begin: 04-01-2026 POP End: 03-31-2027

Services, Non-Personal: The Contractor shall provide 400 Pounds

Per Month Regulated Medical Waste Removal Services for:

VA Puget Sound HCS American Lake Campus 9600 Veteran Drive SW Tacoma, WA 98493

Contract Period: Base

Services, Non-Personal: The Contractor shall provide 100 Pounds

Per Month of Regulated Medical Waste Removal Services for:

Mount Vernon CBOC 307 S 13th St.

Mt. Vernon, WA 98274

Contract Period: Base

Services, Non-Personal: The Contractor shall provide 50 Pounds Per

Month Regulated Medical Waste Removal Services for:

Port Angeles CBOC 1114 Georgiana St.

Port Angeles, WA 98362

Contract Period: Base

Month of Regulated Medical Waste Removal Services for:

Silverdale CBOC

9177 Ridgetop Blvd NW Silverdale, WA 98383

Contract Period: Base

Month of Regulated Medical Waste Removal Services for:

Puyallup CBOC 11216 Sunrise Blvd East, Suite 209, Building 3, Puyallup, WA, 98374

Contract Period: Base

Month of Regulated Medical Waste Removal Services for:

Olympia Medical Center 500 Lilly Rd NE Suites 201 & 204A Olympia, WA 98506

Contract Period: Base

Per Month of Regulated Medical Waste Removal Services for:

Everette CBOC 220 Olympic Blvd, Everett, WA 98203

Contract Period: Base

Month of Regulated Medical Waste Removal Services for:

Oak Harbor CBOC 3475

North Saratoga Street, Bldg 993, Oak Harbor, WA 98278

Contract Period: Option 1 POP Begin: 04-01-2027 POP End: 03-31-2028

Month of Regulated Medical Waste Removal Services for:

Auburn CBOC 1002 15th St, SW Suite 150, Auburn WA 98001

Contract Period: Base per Month of Regulated Medical Waste Removal Services for:

VA Puget Sound HCS Seattle Campus 1660 S. Columbian Way Seattle, WA 98108

Contract Period: Option 1

Per Month Regulated Medical Waste Removal Services for:

VA Puget Sound HCS American Lake Campus 9600 Veteran Drive SW Tacoma, WA 98493

Contract Period: Option 1

Per Month of Regulated Medical Waste Removal Services for:

Mount Vernon CBOC 307 S 13th St.

Mt. Vernon, WA 98274

Contract Period: Option 1

Month Regulated Medical Waste Removal Services for:

Port Angeles CBOC 1114 Georgiana St.

Port Angeles, WA 98362

Contract Period: Option 1

Month of Regulated Medical Waste Removal Services for:

Silverdale CBOC 9177 Ridgetop Blvd NW Silverdale, WA 98383

Contract Period: Option 1

Month of Regulated Medical Waste Removal Services for:

Puyallup CBOC 11216 Sunrise Blvd East, Suite 209, Building 3, Puyallup, WA, 98374

Contract Period: Option 1

Month of Regulated Medical Waste Removal Services for:

Olympia Medical Center 500 Lilly Rd NE Suites 201 & 204A Olympia, WA 98506

Contract Period: Option 1

Per Month of Regulated Medical Waste Removal Services for:

Everette CBOC 220 Olympic Blvd, Everett, WA 98203

Contract Period: Option 1

Month of Regulated Medical Waste Removal Services for:

Oak Harbor CBOC

3475 North Saratoga Street, Bldg 993, Oak Harbor, WA 98278

Contract Period: Option 1

Month of Regulated Medical Waste Removal Services for:

Auburn CBOC 1002 15th St, SW Suite 150, Auburn WA 98001

Contract Period: Option 1 per Month of Regulated Medical Waste Removal Services for:

VA Puget Sound HCS Seattle Campus 1660 S. Columbian Way Seattle, WA 98108

Contract Period: Option 2 POP Begin: 04-01-2028 POP End: 03-31-2029

Per Month Regulated Medical Waste Removal Services for:

VA Puget Sound HCS American Lake Campus 9600 Veteran Drive SW Tacoma, WA 98493

Contract Period: Option 2

Per Month of Regulated Medical Waste Removal Services for:

Mount Vernon CBOC 307 S 13th St.

Mt. Vernon, WA 98274

Contract Period: Option 2

Month Regulated Medical Waste Removal Services for:

Port Angeles CBOC 1114 Georgiana St.

Port Angeles, WA 98362

Contract Period: Option 2

Month of Regulated Medical Waste Removal Services for:

Silverdale CBOC 9177 Ridgetop Blvd NW Silverdale, WA 98383

Contract Period: Option 2

Month of Regulated Medical Waste Removal Services for:

Puyallup CBOC 11216 Sunrise Blvd East, Suite 209, Building 3, Puyallup, WA, 98374

Contract Period: Option 2

Month of Regulated Medical Waste Removal Services for:

Olympia Medical Center 500 Lilly Rd NE Suites 201 & 204A Olympia, WA 98506

Contract Period: Option 2

Per Month of Regulated Medical Waste Removal Services for:

Everette CBOC 220 Olympic Blvd, Everett, WA 98203

Contract Period: Option 2

Month of Regulated Medical Waste Removal Services for:

Oak Harbor CBOC 3475 North Saratoga Street, Bldg 993, Oak Harbor, WA 98278

Contract Period: Option 2

Month of Regulated Medical Waste Removal Services for:

Auburn CBOC 1002 15th St, SW Suite 150, Auburn WA 98001

Contract Period: Option 2 per Month of Regulated Medical Waste Removal Services for:

VA Puget Sound HCS Seattle Campus 1660 S. Columbian Way Seattle, WA 98108

Contract Period: Option 3 POP Begin: 04-01-2029 POP End: 03-31-2030

Per Month Regulated Medical Waste Removal Services for:

VA Puget Sound HCS American Lake Campus 9600 Veteran Drive SW Tacoma, WA 98493

Contract Period: Option 3

Per Month of Regulated Medical Waste Removal Services for:

Mount Vernon CBOC 307 S 13th St.

Mt. Vernon, WA 98274

Contract Period: Option 3

Month Regulated Medical Waste Removal Services for:

Port Angeles CBOC 1114 Georgiana St.

Port Angeles, WA 98362

Contract Period: Option 3

Month of Regulated Medical Waste Removal Services for:

Silverdale CBOC 9177 Ridgetop Blvd NW Silverdale, WA 98383

Contract Period: Option 3

Month of Regulated Medical Waste Removal Services for:

Puyallup CBOC 11216 Sunrise Blvd East, Suite 209, Building 3, Puyallup, WA, 98374

Contract Period: Option 3

Month of Regulated Medical Waste Removal Services for:

Olympia Medical Center 500 Lilly Rd NE Suites 201 & 204A Olympia, WA 98506

Contract Period: Option 2

Per Month of Regulated Medical Waste Removal Services for:

Everette CBOC 220 Olympic Blvd, Everett, WA 98203

Contract Period: Option 3

Month of Regulated Medical Waste Removal Services for:

Oak Harbor CBOC 3475 North Saratoga Street, Bldg 993, Oak Harbor, WA 98278

Contract Period: Option 3

Month of Regulated Medical Waste Removal Services for:

Auburn CBOC 1002 15th St, SW Suite 150, Auburn WA 98001

Contract Period: Option 3 per Month of Regulated Medical Waste Removal Services for:

VA Puget Sound HCS Seattle Campus 1660 S. Columbian Way Seattle, WA 98108

Contract Period: Option 4 POP Begin: 04-01-2030 POP End: 03-31-2031

Per Month Regulated Medical Waste Removal Services for:

VA Puget Sound HCS American Lake Campus 9600 Veteran Drive SW Tacoma, WA 98493

Contract Period: Option 4

Per Month of Regulated Medical Waste Removal Services for:

Mount Vernon CBOC

307 S 13th St.

Mt. Vernon, WA 98274

Contract Period: Option 4

Month Regulated Medical Waste Removal Services for:

Port Angeles CBOC 1114 Georgiana St.

Port Angeles, WA 98362

Contract Period: Option 4

Month of Regulated Medical Waste Removal Services for:

Silverdale CBOC 9177 Ridgetop Blvd NW Silverdale, WA 98383

Contract Period: Option 4

Month of Regulated Medical Waste Removal Services for:

Puyallup CBOC 11216 Sunrise Blvd East, Suite 209, Building 3, Puyallup, WA, 98374

Contract Period: Option 4

Month of Regulated Medical Waste Removal Services for:

Olympia Medical Center 500 Lilly Rd NE Suites 201 & 204A Olympia, WA 98506

Contract Period: Option 3

Services, Non-Personal: The Contractor shall provide 100 Pounds Per Month of Regulated Medical Waste Removal Services for:

Everette CBOC 220 Olympic Blvd, Everett, WA 98203

Contract Period: Option 4

Month of Regulated Medical Waste Removal Services for:

Oak Harbor CBOC 3475 North Saratoga Street, Bldg 993, Oak Harbor, WA 98278

Contract Period: Option 4

Month of Regulated Medical Waste Removal Services for:

Auburn CBOC – 1002 15th St, SW Suite 150, Auburn WA 98001

Contract Period: Option 4

GRAND TOTAL __________________

PERIOD OF PERFORMANCE COST

Base Year

Option Year One (1)

Option Year Two (2)

Option Year Three (3)

Option Year Three (4)

BASE PLUS 4 CONTRACT GRAND TOTAL

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…

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