Medical Waste Treatment
Added: Sep 11, 2015 2:33 pm Description: This is a combined synopsis/solicitation for commercial items prepared in accordance with the format in Subpart 12.6, as supplemented with additional information included in this notice. This announcement constitutes the only solicitation; quotations are being requested and a written solicitation will not be issued. The commercial items procedures of FAR Part 12 will be used. Solicitation# RFQ VA256-15-Q-1115. This solicitation is issued as request for quote (RFQ). Solicitation document and incorporated provisions and clauses are those in effect tough Federal Acquisition Circular FAC 2005-83 (effective 07/02/15) This is a Small Business Set Aside NAICS code is 562211, size standard is $38.5 MILLION. Place of Performance: Michael E. DeBakey VA Medical Center 2002 Holcombe BLVD Houston, TX 77030 Performance Period: October 1, 2015 to September 30, 2016 All questions pertaining to this solicitation shall be submitted by 11:00am CST September 17, 2015. Send all questions electronically to Darnell.Rias@va.gov. Only electronic offers will be accepted. Offers shall be submitted to Darnell.Rias@va.gov NO LATER THAN September 25, 2015 by 2:00 pm CST. POC: Darnell Rias, Contracting Specialist Phone: 713-794-7420 Email: Darnell.Rias@va.gov STATEMENT OF WORK CONTRACTOR STATEMENT OF WORK MICHAEL E. DEBAKEY VA MEDICAL CENTER HOUSTON, TEXAS Project Number: 580-16-1-5096-0013 Project Title: Medical Waste Disposal Services for VA Medical Center Houston, TX 77030 General. 1. SCOPE. In the performance of this Contract, the Contractor shall provide medical/special, pathological and residual chemotherapy waste treatment and disposal service for all DOT Infectious Substances (i.e., Category A and Category B) to the MEDVAMC Houston, and a total of nine (9) Community Based Outpatient Clinics (CBOCs) (i.e., Beaumont, Lufkin, Galveston Island, Richmond-Rosenberg, Texas City, Conroe, Katy, Tom Ball, and Lake Jackson, Texas). The services shall include all materials, manpower, process equipment, licenses, permits, fees, fuel surcharge, transportation and computerized documentation for the complete treatment and disposal of an estimated total of 86,000 lbs./monthly of medical/special, pathological and residual chemotherapy waste in an Approved and/or Alternate Treatment Method Technology for Special Waste from Health Care-Related Facilities in strict compliance with all applicable Federal (CDC, OSHA, DOT, EPA), State (TCEQ, TDH), and Local laws, regulations, ordinances, and codes, etc. 2. SPECIFICATIONS/TERMS/PROVISIONS: 2.1 The Contractor shall provide all services to store, collect, transport, and treat this waste stream off-site in strict accordance with an Approved and/or Alternate Method of Treatment and Disposition, in compliance with federal, state, and local laws, regulations, and ordinances, including the TCEQ, TDH, OSHA, CDC, DOT and EPA, in order to render all processed waste materials non-hazardous and suitable for disposal into a sanitary landfill. 2.2 The Contractor shall notify either the primary VAMC's Contracting Officer Representatives (COR), Mr. Ronnie Simpson at (713) 794-7782 or the alternate COR, Mr. Jeffrey Triebel at (713) 794-7396 during normal business hours (8:00 a.m. - 4:30 p.m. Monday-Friday) concerning questions involving waste management and environmental compliance at this facility. In the event of an emergency after hours, weekends or holiday, contact the Engineering Energy Control Operator at (713) 791-1414, ext. 5884 or 4597 for assistance. The regular business and fax phone numbers are (713) 794-7474 and (713) 794-7871. 2.3 ON-SITE SERVICE LOCATION - MEDVAMC, 2002 Holcombe Blvd., Houston, Texas 77030-4298; Main Facilities (B100, B109 & B110) generates approximately 1,003,788 pounds annually or 83,649 pounds monthly of regulated medical/special waste, residual chemotherapy, and infectious pathological/biohazard waste for treatment and disposal. 2.3.1 The Contractor shall ensure the timely pick-up of medical/special, pathological and residual chemotherapy waste on a daily basis, between 6am-Noon CST, Monday tough Saturday, excluding Sundays and scheduled Federal Holidays. 2.3.2 The Contractor shall ensure delivery of a minimum of 85 each "new" 97-100 gallon, portable pre-labeled biohazard containers with closeable lid for the daily collection, storage and transport of infectious medical waste and 20 each for chemotherapy waste containers for disposal. All containers shall be washed and sanitized daily before delivery and reuse. Also, containers shall be maintained per manufactured-design or replaced, in order to meet manufactured specifications, OSHA and DOT regulations. 2.3.3 The Contractor shall ensure a sufficient number of containers are stored in the authorized and designated locations on the West Dock of Bldg. 100, Southwest Dock of Bldg. 109, and South Dock of Bldg. 110 to support a 24-hour a day, 7 day a week operation. 2.3.4 The Contractor shall be responsible for adhering to established methods for picking-up, manifesting, transporting, documenting, labeling, processing, and delivery verification to the treatment and disposal facility of VAMC generated infectious medical, pathological, and chemotherapy waste per State, Local, CDC, OSHA, DOT, and EPA regulations/laws/codes, etc. 2.3.5 The Contractor shall ensure treatment and disposal of VAMC generated chemotherapy (CD) waste are segregated at storage on site, in separate pre-labeled containers provided by the vendor. CD waste shall be treated (incinerated) and disposed of in accordance with the approved treatment method enforced by federal, state, and local laws, regulations, and ordinances, including the TCEQ, TDH, OSHA, CDC, and EPA. 2.4 OFF-SITE SERVICE LOCATIONS - The Contractor shall provide all services to store, collect, transport, and treat this medical/special, pathological, and other infectious waste generated by other VA facilities currently managed by the MEDVAMC. The Contractor shall ensure this waste stream is managed and picked-up at each facility every other week (normally on Thursday), except Saturday, Sunday and scheduled Federal Holidays, between the hours of 10:00am-2:00pm CST, unless otherwise approved by the Contracting Officer (CO) or Contracting Officer Representative (COR). The off-site VA facilities managed by the MEDVAMC currently include: 2.4.1 Beaumont Community-Based Outpatient Clinic, 3420 Veterans Circle, Beaumont, TX 77707-2552 (Monthly Est. Qty. in pounds - 328 lbs.). Yearly Quantity: 3,936 pounds 2.4.2 Charles Wilson Community-Based Outpatient Clinic, 2206 North John Redditt Drive, Lufkin, TX 75904-1776 (Monthly Est. Qty. in pounds - 476 lbs.). Yearly Quantity: 5,712 pounds 2.4.3 Galveston Community-Based Outpatient Clinic, 3828 Avenue N, Galveston, TX 77550 (Monthly Est. Qty. in pounds - 83 lbs.). Yearly Quantity: 996 pounds 2.4.4 Conroe Community-Based Outpatient Clinic, 800 Riverwood Court, Ste.100, Conroe, TX 77304 (Monthly Est. Qty. in pounds - 325 lbs.). Yearly Quantity: 3,900 pounds 2.4.5 Richmond Community-Based Outpatient Clinic, 22001 Southwest Freeway, Ste.200, Richmond, TX 77469 (Monthly Est. Qty. in pounds - 193 lbs.). Yearly Quantity: 2,316 pounds 2.4.6 Texas City Community-Based Outpatient Clinic, 9300 Emmett F. Lowery Expressway, Ste.206, Texas City, TX 77591 (Monthly Est. Qty. in pounds - 241 lbs.). Yearly Quantity: 2,892 pounds 2.4.7 Lake Jackson Community-Based Outpatient Clinic, 208 Oak Drive South, Lake Jackson, TX 77566 (Monthly Est. Qty. in pounds - 130 lbs.). Yearly Quantity: 1,560 pounds 2.4.8 Katy Community-Based Outpatient Clinic, 750 Westgreen Blvd., Katy, TX 77450 (Monthly Est. Qty. in pounds - 305 lbs.). Yearly Quantity: 3,660 pounds 2.4.9 Tomball City Community-Based Outpatient Clinic, 1200 W. Main Street, Tomball, TX 77375 (Monthly Est. Qty. in pounds - 270 lbs.). Yearly Quantity: 3,240 pounds 2.5 The Contractor shall be responsible for developing and providing the VAMC Contracting Officer Representative (COR), a copy of their contingency plan that would be implemented to provide and support all VA facilities listed in this SOW, during any National Weather Center declared major natural disaster weather event that has the ability to hinder or stop the pick-up and removal of infectious medical waste from any of the VA facility listed in this SOW. The contingency plan shall include provisions for temporary storage requirements and delivery of 3-4 day supply of medical waste storage containers to the facility prior to any confirmed natural disaster that may impact medical treatment processes at this facility and facilities supported by this VA Medical Center. The COR shall be provided a copy to review and approve prior to award of this service contract. 2.6 The Contractor shall be responsible for submitting documentation with their offer that their off-site medical/special waste treatment and disposition system for processing untreated Regulated Medical Waste (RMW)/special/infectious waste meets the performance standards, as outlined in TDH 25 TAC Chapter 1, Subchapter K, 1.131-1.137; TCEQ 30 TAC 330, Subchapter Y, 330.1201-330.1221; CDC and DOT regulations regarding Infectious Substances identified as Category A and Category B substance. Failure to meet this requirement shall call for immediate termination of requested service stated and required in this contract. 2.6.1 The Contractor shall ensure an electronically generated copy of the medical waste manifest or a written record per 30 TAC, Chapter 330.1211 is attached to each electronically generated invoice showing proof of the quantity and total amount of waste treated in pounds, prior to requesting and receiving payment for services rendered during each month in arrears. 2.7 The Contractor shall be responsible for maintaining documentation that their employees and/or contractors are properly trained, medically tested and wear an appropriate level of personal protective equipment. The Contractor shall ensure employee or contractors wear personal protective equipment, prior to engaging in any activities involving maintenance of processing equipment or handling of infectious waste generated by this health care facility per 29 CFR OSHA 1910.1030. 2.8 The Contractor shall provide technical assistance and training to facility personnel on current waste segregation, waste collection, and reduction practices, as needed in order to support the facility's solid waste reduction program sustainability goals per Executive Order 13693. 2.9 If applicable, the Contractor shall meet all requirements necessitated by regulatory or technology changes during the duration of this contract at no additional cost to the Government. 2.10 The Contractor shall be fully responsible and liable for all incidents resulting from any claims or reports for any infectious diseases or reactions as a result of using their technology either on-site or off-site at present or in the future. 2.11 The VA Medical Center will ensure regulated medical waste (includes special waste), other infectious materials and residual chemotherapy waste generated from clinical and/or research processes are segregated and discarded into approved containers provided by the contractor for storage and transport of medical/special/infectious substances and residual chemotherapy waste to the contractor's regulated medical waste treatment and disposal site. 5. EVALUATION FACTORS: (1) The Government will award a contract resulting from this solicitation using the following criteria: Technical Past Performance Price Technical and past performance, when combined, are approximately equal to price. (a) Technical: Technical factors include: I. The Contractor shall provide as part of the submittal package documentation required for the management, storage, transport, treatment, and disposal of Regulated Medical Waste in accordance with TCEQ, TDH, OSHA, EPA and DOT regulations for review. The documentation for treatment shall also include the approved method and efficiency data that support the selected method of treatment that would be used to treat medical waste generated from this facility and transported to the approved treatment and disposal facility/site for review. II. The Contractor shall provide documentation that they have at least seven (7) years of Corporate or Government experience to a medical facility of similar size and scope, which involves the management, storage, transport, treatment, and disposal of Regulated Medical Waste per TCEQ, TDH, OSHA, EPA and DOT regulations, as a primary function of the company prior, as part of the submittal package documentation for review. Contractor shall use attached "Corporate Experience" form and submit at the same time as offer. III. The Contractor shall submit a copy of their contingency plan that would be implemented to provide support to the facility for 3-5 days, during any National Weather Center declared major natural disaster weather event or DOT Category A and B Infectious Waste that has the ability to hinder or stop the pick-up and removal of medical waste from this facility and Community Based Outpatient Clinics (CBOCs-9ea.) on a daily basis for review. (b) Past Performance - Past Performance information will be reviewed in the Contractor Performance Assessment Reporting System (CPARS), and Past Performance Information Retrieval System (PPIRS) systems. Past Performance comments of Satisfactory and higher will be considered technically acceptable. Additionally, contractor will be required to complete attached Past Performance Questionnaire to be used in evaluation. In the event that a contractor does not have a record of past performance, it will not be considered unacceptable. Only Past Performance for contracts the contractor completed for work of similar scope and dollar value will be used in evaluation. Attached form "Past Performance Questionnaire" shall be used and submitted, by point of contact of previous employer, to Darnell.Rias@va.gov and by the closing date 09/25/2015 at 2p.m. (c) Price - Contractor must provide a fair and reasonable price on all aspects of specifications. (i) Options. The Government will evaluate offers for award purposes by adding the total price for all options to the total price for the basic requirement. The Government may determine that an offer is unacceptable if the option prices are significantly unbalanced. Evaluation of options shall not obligate the Government to exercise the option(s). (ii) A written notice of award or acceptance of an offer, mailed or otherwise furnished to the successful offeror within the time for acceptance specified in the offer, shall result in a binding contract without further action by either party. Before the offer's specified expiration time, the Government may accept an offer (or part of an offer), whether or not there are negotiations after its receipt, unless a written notice of withdrawal is received before award. 6. PAYMENT/INVOICING: All invoices shall be submitted in arrears, properly prepared in accordance with FAR 52.212-4, contain sufficient details, and match with the service tickets for the work rendered. a. Monthly Invoices Invoices for fixed monthly fee shall be properly prepared and sent via OB10. Contractor shall register and submit invoices electronically via OB10. The website address for registering: WWW.OB10.COM . Notes: On the right side of the screen, click on the (orange button that reads, REGISTER NOW) THE PROMO CODE SO VENDOR DOESN'T GET CHARGED FOR INVOICES:VAPC7Y18 THE VA's BUYER ID NUMBER: AAA544240062. Help Desk Number: 1-800-353-9791 or email: vafsccshd@va.gov More information on OB10 invoicing is located http://www.ob10.com/us/en/veterans-affairs/. These invoices shall be sent in arrears at the beginning of each month following the month in which the services were rendered and billed for. At a minimum, all invoices shall include the following details: o Description of the services rendered o Billing period in which the services were rendered o Correct purchase order number which shall be issued by the Contracting Officer after the contract is awarded. Invoices without correct purchase order number shall be rejected and returned to the Contractor. o Invoice number and date o Item(s) covered (to include serial #s) by the PMI and covered period of service. Payments shall be made in accordance with the Prompt Payment Act out of the Government's annual appropriated funds obligated in a purchase order which shall be issued after the contract is awarded b. Price/Cost Schedule: Price shall be provided in accordance with the following format below: B.2 Price/Cost Schedule Item Information ITEM NUMBER DESCRIPTION OF SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT 1001 Contractor shall provide medical/special, infectious/pathological, and residual chemotherapy waste treatment and disposal services to the VA Medical Center Houston Contract Period: Base POP Begin: 10-01-2015 POP End: 09-30-2016 LOCAL STOCK NUMBER: MW-DISP-FY16 1,003,788.00 LB __________________ __________________ 1002 Contractor shall provide medical/special, infectious/pathological, and residual chemotherapy waste treatment and disposal services to Beaumont Community Based Outpatient Clinic (CBOC). Contract Period: Base POP Begin: 10-01-2015 POP End: 09-30-2016 3,936.00 LB __________________ __________________ 1003 Contractor shall provide medical/special, infectious/pathological, and residual chemotherapy waste treatment and disposal services to Lufkin Community Based Outpatient Clinic (CBOC). Contract Period: Base POP Begin: 10-01-2015 POP End: 09-30-2016 5,712.00 LB __________________ __________________ 1004 Contractor shall provide medical/special, infectious/pathological, and residual chemotherapy waste treatment and disposal services to Galveston Community Based Outpatient Clinic (CBOC). Contract Period: Base POP Begin: 10-01-2015 POP End: 09-30-2016 996.00 LB __________________ __________________ 1005 Contractor shall provide medical/special, infectious/pathological, and residual chemotherapy waste treatment and disposal services to Conroe Community Based Outpatient Clinic (CBOC). Contract Period: Base POP Begin: 10-01-2015 POP End: 09-30-2016 3,900.00 LB __________________ __________________ 1006 Contractor shall provide medical/special, infectious/pathological, and residual chemotherapy waste treatment and disposal services to Richmond-Rosenberg Community Based Outpatient Clinic (CBOC). Contract Period: Base POP Begin: 10-01-2015 POP End: 09-30-2016 2,316.00 LB __________________ __________________ 1007 Contractor shall provide medical/special, infectious/pathological, and residual chemotherapy waste treatment and disposal services to Katy Community Based Outpatient Clinic (CBOC). Contract Period: Base POP Begin: 10-01-2015 POP End: 09-30-2016 3,660.00 LB __________________ __________________ 1008 Contractor shall provide medical/special, infectious/pathological, and residual chemotherapy waste treatment and disposal services to Lake Jackson Community Based Outpatient Clinic (CBOC). Contract Period: Base POP Begin: 10-01-2015 POP End: 09-30-2016 1,560.00 LB __________________ __________________ 1009 Contractor shall provide medical/special, infectious/pathological, and residual chemotherapy waste treatment and disposal services to Texas City Community Based Outpatient Clinic (CBOC). Contract Period: Base POP Begin: 10-01-2015 POP End: 09-30-2016 2,892.00 LB __________________ __________________ 1010 Contractor shall provide medical/special, infectious/pathological, and residual chemotherapy waste treatment and disposal services to Tom Ball Community Based Outpatient Clinic (CBOC). Contract Period: Base POP Begin: 10-01-2015 POP End: 09-30-2016 3,240.00 LB __________________ __________________ GRAND TOTAL __________________ 9. CONTRACT CLAUSES/SOLICITATION PROVISIONS The provision at 52.212-1, Instructions to Offerors -- Commercial, applies to this acquisition. The provision at 52.212-2 EVALUATION-COMMERCIAL ITEMS (JAN 1999) applies to this acquisition. All offers shall include a completed copy of the provision at 52.212-3, Offeror Representations and Certifications -- Commercial Items. The clause at 52.212-4, Contract Terms and Conditions -- Commercial Items, applies to this acquisition and statement. The addendum to FAR 52.212-4 also applies to this acquisition. The clause at 52.212-5, Contract Terms and Conditions Required To Implement Statutes Or Executive Orders -- Commercial Items, applies to this acquisition and all additional FAR clauses cited in the clause are applicable to the acquisition. 10. FAR CLAUSES a. FAR 52.212-4 Contract Terms and Conditions - Commercial Items (MAY 2014) Addendum to FAR 52.212-4 - Show FAR clauses followed by VAAR clauses in numeric order. List all clauses incorporated by reference in numeric order under 52.252-2 (see below), starting first with FAR and followed by VAAR. (1) 52.203-16 Preventing Personal Conflicts of Interest (DEC 2011) (2) 52.203-17 Contractor Employee Whistleblower Rights and Requirement to Inform Employees of Whistleblower Rights (APR 2014) (3) 52.203-99 Prohibition on Contracting With Entities That Require Certain Internal Common Confidentiality Agreements (DEVIATION 2015-02) (FEB 2015) (4) 52.204-4 Printed or Copied Double-Sided on Postconsumer Fiber Content Paper (May 2011) (5) 52.204-9 Personal Identity Verification of Contractor Personnel (2011) (6) 52.217-8 Option to Extend Services (NOV 1999) (7) 52.217-9 Option to Extend the Term of the Contract (MAR 2000) (a) The Government may extend the term of this contract by written notice to the Contractor within 60 days; provided that the Government gives the Contractor a preliminary written notice of its intent to extend at least 60 days before the contract expires. The preliminary notice does not commit the Government to an extension. (b) If the Government exercises this option, the extended contract shall be considered to include this option clause. (c) The total duration of this contract, including the exercise of any options under this clause, shall not exceed (60) months. (8) 52.228-5 Insurance-Work on a Government Installation (JAN 1997) (9) 52.219-6 Notice of Total Small Business Set Aside (NOV 2011) (10) 52.219-13 Notice of Set-Aside of Orders (NOV 2011) (11) 52.222-41 Service Contract Labor Standards (MAY 2014) (12) 52.222-99 Establishing A Minimum Wage For Contractors (Deviation 2014-O0017) (June 2014). This clause implements Executive Order 13658, Establishing a Minimum Wage for Contractors, dated February 12, 2014, and OMB Policy Memorandum M-14-09, dated June 12, 2014. (a) Each service employee, laborer, or mechanic employed in the United States (the 50 States and the District of Columbia) in the performance of this contract by the prime Contractor or any subcontractor, regardless of any contractual relationship which may be alleged to exist between the Contractor and service employee, laborer, or mechanic, shall be paid not less than the applicable minimum wage under Executive Order 13658. The minimum wage required to be paid to each service employee, laborer, or mechanic performing work on this contract between January 1, 2015, and December 31, 2015, shall be $10.10 per hour. (b) The Contractor shall adjust the minimum wage paid under this contract each time the Secretary of Labor's annual determination of the applicable minimum wage under section 2(a)(ii) of Executive Order 13658 results in a higher minimum wage. Adjustments to the Executive Order minimum wage under section 2(a)(ii) of Executive Order 13658 will be effective for all service employees, laborers, or mechanics subject to the Executive Order beginning January 1 of the following year. The Secretary of Labor will publish annual determinations in the Federal Register no later than 90 days before such new wage is to take effect. The Secretary will also publish the applicable minimum wage on www.wdol.gov (or any successor website). The applicable published minimum wage is incorporated by reference into this contract. (c) The Contracting Officer will adjust the contract price or contract unit price under this clause only for the increase in labor costs resulting from the annual inflation increases in the Executive Order 13658 minimum wage beginning on January 1, 2016. The Contracting Officer shall consider documentation as to the specific costs and workers impacted in determining the amount of the adjustment. (d) The Contracting Officer will not adjust the contract price under this clause for any costs other than those identified in paragraph (c) of this clause, and will not provide price adjustments under this clause that result in duplicate price adjustments with the respective clause of this contract implementing the Service Contract Labor Standards statute (formerly known as the Service Contract Act) or the Wage Rate Requirements (Construction) statute (formerly known as the Davis Bacon Act). (e) The Contractor shall include the substance of this clause, including this paragraph (e) in all subcontracts. (13) CL-120 In accordance with FAR 28.307-2 and FAR 52.228-5, the following minimum coverage shall apply to this contract: (a) Workers' compensation and employer's liability: Contractors are required to comply with applicable Federal and State workers' compensation and occupational disease statutes. If occupational diseases are not compensable under those statutes, they shall be covered under the employer's liability section of the insurance policy, except when contract operations are so commingled with a Contractor's commercial operations that it would not be practical to require this coverage. Employer's liability coverage of at least $100,000 is required, except in States with exclusive or monopolistic funds that do not permit workers' compensation to be written by private carriers. (b) General Liability: $500,000 per occurrences. (c) Automobile liability: $100,000 per person; $500,000 per occurrence and property damage. (d) The successful bidder must present to the Contracting Officer, prior to award, evidence of general liability insurance without any exclusionary clauses for asbestos that would void the general liability coverage. (14) 52.232-18 Availability of Funds (APR 1984) (15) 52.232-19 Availability of Funds for the Next Fiscal Year (Apr 1984) Funds are not presently available for performance under this contract beyond the base year period of performance. The Government's obligation for performance of this contract beyond that date is contingent upon the availability of appropriated funds from which payment for contract purposes can be made. No legal liability on the part of the Government for any payment may arise for performance under this contract beyond the base year of period of performance, until funds are made available to the Contracting Officer for performance and until the Contractor receives notice of availability, to be confirmed in writing by the Contracting Officer. (16) 52.232-40 Providing Accelerated Payments to Small Businesses Subcontractors (DEC 2013) (17) 52.237-3 Continuity of Services (JAN 1991) 11. VAAR CLAUSES: a. 852.203-70 Commercial Advertising (JAN 2008). The bidder or offeror agrees that if a contract is awarded to him/her, as a result of this solicitation, he/she will not advertise the award of the contract in his/her commercial advertising in such a manner as to state or imply that the Department of Veterans Affairs endorses a product, project or commercial line of endeavor. b. 852.203-71 Display Of Department Of Veterans Affairs Hotline Poster (DEC 1992) (1) Except as provided in paragraph (c) below, the Contractor shall display prominently, in common work areas within business segments performing work under VA contracts, Department of Veterans Affairs Hotline posters prepared by the VA Office of Inspector General. (2) Department of Veterans Affairs Hotline posters may be obtained from the VA Office of Inspector General (53E), P.O. Box 34647, Washington, DC 20043-4647. (3) The Contractor need not comply with paragraph (a) above if the Contractor has established a mechanism, such as a hotline, by which employees may report suspected instances of improper conduct, and instructions that encourage employees to make such reports. c. 001AL-11-15-A Limitations on subcontracting - Monitoring and Compliance (JUNE 2011). This solicitation includes (FAR) 52.219-6, VA Notice of Small Business Set-Aside Accordingly, any contract resulting from this solicitation will include this clause. The contractor is advised in performing contract administration functions, the CO may use the services of a support contractor(s) retained by VA to assist in assessing the contractor's compliance with the limitations on subcontracting or percentage of work performance requirements specified in the clause. To that end, the support contractor(s) may require access to contractor's offices where the contractor's business records or other proprietary data are retained and to review such business records regarding the contractor's compliance with this requirement. All support contractors conducting this review on behalf of VA will be required to sign an "Information Protection and Non-Disclosure and Disclosure of Conflicts of Interest Agreement" to ensure the contractor's business records or other proprietary data reviewed or obtained in the course of assisting the CO in assessing the contractor for compliance are protected to ensure information or data is not improperly disclosed or other impropriety occurs. Furthermore, if VA determines any services the support contractor(s) will perform in assessing compliance are advisory and assistance services as defined in FAR 2.101, Definitions, the support contractor(s) must also enter into an agreement with the contractor to protect proprietary information as required by FAR 9.505-4, Obtaining access to proprietary information, paragraph (b). The contractor is required to cooperate fully and make available any records as may be required to enable the CO to assess the contractor's compliance with the limitations on subcontracting or percentage of work performance requirement. d. 852.232-72 Electronic Submission Of Payment Requests (NOV 2012) (1) Definitions. As used in this clause- (a) Contract financing payment has the meaning given in FAR 32.001. (b) Designated agency office has the meaning given in 5 CFR 1315.2(m). (c) 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. (d) Invoice payment has the meaning given in FAR 32.001. (e) Payment request means any request for contract financing payment or invoice payment submitted by the contractor under this contract. (2) 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. (3) Data transmission. A contractor must ensure that the data transmission method and format are tough one of the following: (a) VA's Electronic Invoice Presentment and Payment System. (See Web site at http://www.fsc.va.gov/einvoice.asp.) (b) 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). The X12 EDI Web site (http://www.x12.org) includes additional information on EDI 810 and 811 formats. (4) Invoice requirements. Invoices shall comply with FAR 32.905. (5) Exceptions. If, based on one of the circumstances below, the contracting officer directs that payment requests be made by mail, the contractor shall submit payment requests by mail tough the United States Postal Service to the designated agency office. Submission of payment requests by mail may be required for: (a) Awards made to foreign vendors for work performed outside the United States; (b) Classified contracts or purchases when electronic submission and processing of payment requests could compromise the safeguarding of classified or privacy information; (c) Contracts awarded by contracting officers in the conduct of emergency operations, such as responses to national emergencies; (d) Solicitations or contracts in which the designated agency office is a VA entity other than the VA Financial Services Center in Austin, Texas; or (e) Solicitations or contracts in which the VA designated agency office does not have electronic invoicing capability as described above. e. 852.237-70 Contractor Responsibilities (APR 1984) The contractor shall obtain all necessary licenses and/or permits required to perform this work. He/she shall take all reasonable precautions necessary to protect persons and property from injury or damage during the performance of this contract. He/she shall be responsible for any injury to himself/herself, his/her employees, as well as for any damage to personal or public property that occurs during the performance of this contract that is caused by his/her employees fault or negligence, and shall maintain personal liability and property damage insurance having coverage for a limit as required by the laws of the State of Texas. Further, it is agreed that any negligence of the Government, its officers, agents, servants and employees, shall not be the responsibility of the contractor hereunder with the regard to any claims, loss, damage, injury, and liability resulting there from. (End of Clauses) 52.252-1 SOLICITATION PROVISIONS INCORPORATED BY REFERENCE (FEB 1998) 12. FAR PROVISIONS: a. 52.203-98 PROHIBITION ON CONTRACTING WITH ENTITIES THAT REQUIRE CERTAIN INTERNAL CONFIDENTIALITY AGREEMENTS-REPRESENTATION (DEVIATION) (FEB 2015) (1) In accordance with section 743 of Division E, Title VII, of the Consolidated and Further Continuing Resolution Appropriations Act, 2015 (Pub. L. 113-235), Government agencies are not permitted to use funds appropriated (or otherwise made available) under that or any other Act for contracts with an entity that requires employees or subcontractors of such entity seeking to report fraud, waste, or abuse to sign internal confidentiality agreements or statements prohibiting or otherwise restricting such employees or contactors from lawfully reporting such waste, fraud, or abuse to a designated investigative or law enforcement representative of a Federal department or agency authorized to receive such information. (2) The prohibition in paragraph (a) of this provision does not contravene requirements applicable to Standard Form 312, Form 4414, or any other form issued by a Federal department or agency governing the nondisclosure of classified information. (3) Representation. By submission of its offer, the Offeror represents that it does not require employees or subcontractors of such entity seeking to report fraud, waste, or abuse to sign internal confidentiality agreements or statements prohibiting or otherwise restricting such employees or subcontractors from lawfully reporting such waste, fraud, or abuse to a designated investigative or law enforcement representative of a Federal department or agency authorized to receive such information. b. 52.204-16 Commercial and Government Entity Code Reporting (NOV 2014) c. 52.204-17 Ownership or Control of Offeror d. 52.209-5 REPRESENTATION BY CORPORATIONS REGARDING AN UNPAID TAX LIABILITY OR A FELONY CONVICTION UNDER ANY FEDERAL LAW (DEVIATION)(MAR 2012) (1) In accordance with Division H, sections 8124 and 8125 of P.L. 112-74 and sections 738 and 739 of P.L. 112-55 none of the funds made available by either Act may be used to enter into a contract with any corporation that- (a) Has an unpaid federal tax liability, unless the agency has considered suspension or debarment of the corporation and the Suspension and Debarment Official has made a determination that this action is not necessary to protect the interests of the Government. (b) Has a felony criminal violation under any Federal or State law within the preceding 24 months, unless the agency has considered suspension or debarment of the corporation and Suspension and Debarment Official has made a determination that this action is not necessary to protect the interests of the Government. (2) The Offeror represents that- (a) The offeror does [ ] does not [ ] have any unpaid Federal tax liability that has been assessed and that is not being paid in a timely manner pursuant to an agreement with the authority responsible for collecting the tax liability. (b) The offeror, its officers or agents acting on its behalf have [ ] have not [ ] been convicted of a felony criminal violation under a Federal or State law within the preceding 24 months. (End of Provision) e. 52.209-7 Information Regarding Responsibility Matters (Jul 2013) (a) Definitions. As used in this provision- "Administrative proceeding" means a non-judicial process that is adjudicatory in nature in order to make a determination of fault or liability (e.g., Securities and Exchange Commission Administrative Proceedings, Civilian Board of Contract Appeals Proceedings, and Armed Services Board of Contract Appeals Proceedings). This includes administrative proceeding at the Federal and State level but only in connection with performance of a Federal contract or grant. It does not include agency actions such as contract audits, site visits, corrective plans, or inspection of deliverables. "Federal contracts and grants with total value greater than $10,000,000" means- (1) The total value of all current, active contracts and grants, including all priced options; and (2) The total value of all current, active orders including all priced options under indefinite-delivery, indefinite-quantity, 8(a), or requirements contracts (including task and delivery and multiple-award Schedules). "Principal" means an officer, director, owner, partner, or a person having primary management or supervisory responsibilities within a business entity (e.g., general manager; plant manager; head of a division or business segment; and similar positions). (b) The offeror [_] has [_] does not have current active Federal contracts and grants with total value greater than $10,000,000. (c) If the offeror checked "has" in paragraph (b) of this provision, the offeror represents, by submission of this offer, that the information it has entered in the Federal Awardee Performance and Integrity Information System (FAPIIS) is current, accurate, and complete as of the date of submission of this offer with regard to the following information: (1) Whether the offeror, and/or any of its principals, has or has not, within the last five years, in connection with the award to or performance by the offeror of a Federal contract or grant, been the subject of a proceeding, at the Federal or State level that resulted in any of the following dispositions: (i) In a criminal proceeding, a conviction. (ii) In a civil proceeding, a finding of fault and liability that results in the payment of a monetary fine, penalty, reimbursement, restitution, or damages of $5,000 or more. (iii) In an administrative proceeding, a finding of fault and liability that results in- (A) The payment of a monetary fine or penalty of $5,000 or more; or (B) The payment of a reimbursement, restitution, or damages in excess of $100,000. (iv) In a criminal, civil, or administrative proceeding, a disposition of the matter by consent or compromise with an acknowledgment of fault by the Contractor if the proceeding could have led to any of the outcomes specified in paragraphs (c)(1)(i), (c)(1)(ii), or (c)(1)(iii) of this provision. (2) If the offeror has been involved in the last five years in any of the occurrences listed in (c)(1) of this provision, whether the offeror has provided the requested information with regard to each occurrence. (d) The offeror shall post the information in paragraphs (c)(1)(i) tough (c)(1)(iv) of this provision in FAPIIS as required tough maintaining an active registration in the System for Award Management database via https://www.acquisition.gov (see 52.204-7). f. 52.216-1 TYPE OF CONTRACT (APR 1984) The Government contemplates award of a Firm Fixed Price, Requirements contract resulting from this solicitation. (End of Provision) g. 52.212-2 Evaluation-Commercial Items (Jan 1999) h. 52.233-2 Service of Protest (Sep 2006) (1) Protests, as defined in section 33.101 of the Federal Acquisition Regulation, that are filed directly with an agency, and copies of any protests that are filed with the Government Accountability Office (GAO), shall be served on the Contracting Officer (addressed as follows) by obtaining written and dated acknowledgment of receipt from Anthony Marion, Contract Officer, 2002 Holcombe BLVD. Houston, TX 77030 (2) The copy of any protest shall be received in the office designated above within one day of filing a protest with the GAO. 13. VAAR PROVISIONS: a. 852.233-70 Protest Content/Alternative Dispute Resolution (Jan 2008) (1) Any protest filed by an interested party shall: (i) Include the name, address, fax number, and telephone number of the protester; (ii) Identify the solicitation and/or contract number; (iii) Include an original signed by the protester or the protester's representative and at least one copy; (iv) Set forth a detailed statement of the legal and factual grounds of the protest, including a description of resulting prejudice to the protester, and provide copies of relevant documents; (v) Specifically request a ruling of the individual upon whom the protest is served; (vi) State the form of relief requested; and (vii) Provide all information establishing the timeliness of the protest. (2) Failure to comply with the above may result in dismissal of the protest without further consideration. (3) Bidders/offerors and contracting officers are encouraged to use alternative dispute resolution (ADR) procedures to resolve protests at any stage in the protest process. If ADR is used, the Department of Veterans Affairs will not furnish any documentation in an ADR proceeding beyond what is allowed by the Federal Acquisition Regulation. b. 852.252-70 Solicitation Provisions Or Clauses Incorporated By Reference (Jan 2008) The following provisions or clauses incorporated by reference in this solicitation must be completed by the offeror or prospective contractor and submitted with the quotation or offer. Copies of these provisions or clauses are available on the Internet at the Web sites provided in the provision at FAR 52.252-1, Solicitation Provisions Incorporated by Reference, or the clause at FAR 52.252-2, Clauses Incorporated by Reference. Copies may also be obtained from the contracting officer. [Contracting officer shall list all FAR and 48 CFR Chapter 8 (VAAR) provisions and clauses incorporated by reference that must be completed by the offeror or prospective contractor and submitted with the quotation or offer.] c. 852.270-1 Representatives of Contracting Officers (Jan 2008) The contracting officer reserves the right to designate representatives to act for him/her in furnishing technical guidance and advice or generally monitor the work to be performed under this contract. Such designation will be in writing and will define the scope and limitation of the designee's authority. A copy of the designation shall be furnished to the contractor. (End of Provision)
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