36C24123Q1138.docx

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. SIGNAT

URE 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

518-24-1-4815-0001 36C24123Q1138 09-22-2023

MERCEDES BLANTON

401-273-7100 10-12-2023

10AM

EDT

Department of Veterans Affairs Network Contracting Office 1 (NCO1) Contracting Officer (90c) 830 Chalkstone Avenue Providence RI 02908 Mercedes Blanton, (401) 273-7100 x21584 Mercedes.Blanton@va.gov X X Y 562112 $47 Million N/A X Department of Veterans Affairs VA Bedford Healthcare System and related facilities.

200 Springs Road Bedford MA 01730 Department of Veterans Affairs Network Contracting Office 1 (NCO 1)e Contracting Officer (90c) 830 Chalkstone Avenue Providence RI 02908

All invoices from the Contractor shall be submitted electronically as per

VAAR

Clause 852.232-72 Electronic Submission of Payment Request.

Austin TX 78714-9971 1 (877) 353-9791 1 (512) 460-5429 See CONTINUATION Page Contractor shall provide all equipment, labor, materials, apparatus, tools, transportation, supervision, permits and disposal necessary to perform regulated medical waste and sharps disposal services for VA Bedford Healthcare System and related facilities as identified in the Performance Work Statement (PWS).

Period of Performance:

Base Year: 11/01/2023 - 10/31/2024 Option Year One (1): 11/01/2024 - 10/31/2025 Option Year Two (2): 11/01/2025 - 10/31/2026 Option Year Three (3): 11/01/2026 - 10/31/2027 Option Year Four (4): 11/01/2027 - 10/31/2028 The attachment D.1 are the historical estimated weights.

The attachment D.2 Wage Determinations applies to the base period of performance.

All quotes shall be emailed to Mercedes Blanton at, Mercedes.Blanton@va.gov on or before the due date and time.

See CONTINUATION Page 518-3640162-4815-856700-2580 0100C10Z4 X X X Mercedes Blanton

VA-VHA-RPOE-2022-221832

Table of Contents

SECTION B - CONTINUATION OF SF 1449 BLOCKS

B.1 CONTRACT ADMINISTRATION DATA

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

a. CONTRACTOR:

b. GOVERNMENT: Contracting Officer 36C241 Mercedes Blanton Department of Veterans Affairs Network Contracting Office 1 (NCO1) Contracting Officer (90c) 830 Chalkstone Avenue Providence RI 02908

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

3. INVOICES: Invoices shall be submitted in arrears:

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

See VAAR Clause 852.232-72 vafsccshd@va.gov ACKNOWLEDGMENT OF AMENDMENTS: The offeror acknowledges receipt of amendments to the Solicitation numbered and dated as follows:

36C24123Q1138

B.2 PERFORMANCE WORK STATEMENT (PWS)

REGULATED MEDICAL WASTE (RMW) AND SHARPS DISPOSAL SERVICES

1. GENERAL

Contractor shall be responsible for allocating all equipment and personnel, including back-up resources, to meet all requirements for the comprehensive management of the infectious waste for VA Bedford Healthcare System (HCS) and all affiliated Community-based Outpatient Clinics (CBOC). The comprehensive waste services shall not only include the collection, recycling, and disposal of the waste, but also the training and support required to ensure compliance with all Federal, State, and Local regulations. The Contractor shall provide regularly scheduled pickup and subsequent recycling/disposal of Regulated Medical Waste (RMW), Pathological Waste, Other Potentially Infectious Material (OPIM) and Trace Chemotherapy waste for VA Bedford HCS and all affiliated CBOCs. It shall be the responsibility of the Contractor to provide the tracking and reports in a timely manner, and action plans to address any shortfalls.

2. BACKGROUND

The Government will award a Firm Fixed-Price Purchase Order to one awardee to provide RMW and sharps disposal services. Performance will be at VA Bedford Healthcare System (HCS) and all affiliated CBOCs.

3. PERIOD OF PERFORMANCE

4. PLACES OF PERFORMANCE

Medical Waste Locations: VA Bedford Healthcare System and affiliated facilities

1) VA Bedford Healthcare System - 200 Springs Road, Bedford, MA 01730

2) Gloucester MA – 199 Main St, Gloucester, MA 01930

3) Haverhill MA – 215 Summer Street, Haverhill, MA 01830

4) Lynn MA – 225 Boston St Ste 107, Lynn, MA 01904

5. FREQUENCY OF SERVICE PROVIDED

a. Waste pick-up will be provided bi-weekly (every two weeks) from the VA Bedford Healthcare System designated RMW holding area.

b. Waste pick-up will be provided monthly (once per month) from the VA Bedford HCS CBOCs, from the Lynn, Haverhill, and Gloucester CBOCs designated RMW holding area.

c. The day for pick-up will be Thursdays, between 9 am and 2:30 pm.

d. The government reserves the right to modify the purchase order as needed to add or remove locations that are connected to a Healthcare System (e.g., a CBOC).

NOTE: The Government may need to add or change container locations or service needs as they become necessary in the future.

6. DAYS AND HOURS OF OPERATION:

a. This is a full-service purchase order to include all necessary service calls, five (5) days per week, eight (8) hours per day, between the hours of 8:00 am to 4:00 pm, Monday through Friday, Federal Holidays excluded.

b. The contractor will modify their service schedule to align with VA Bedford HCS’s holiday schedule. Any service dates that fall on a federal holiday or observed federal holiday must be rescheduled with prior approval. An email with the request a few days prior to the service date is preferred. If a federal holiday falls on Sunday, the following Monday will be observed as the federal holiday. When a holiday falls on a Saturday, the preceding Friday is observed as the federal holiday by US Government agencies. Also included is any day specifically declared by the President of the United States. Currently observed federal holidays are:

7. PERFORMANCE REQUIREMENTS

a. Contractor shall provide pick up, transport, recycling, and disposal of RMW, Sharps, Pathological Waste, OPIM and Trace Chemotherapy waste from VA Bedford HCS.

b. The awarded contractor shall review the processes and methods with VA’s assigned Contracting Officer Representative or Program Manager prior to the beginning of performance. RMW includes "Biohazardous Waste", "Infectious Waste”, or any waste material or article which harbors, or may reasonably be considered to harbor pathogens which might be expected to produce disease in healthy individuals. RMW subject to these requirements includes wastes that generally have been considered infectious or potentially infectious by the health care community as well as waste originating from health care or research facilities that are aesthetically objectionable and thus, problematic when disposed of improperly.

c. The following is a listing of RMW that are, included in the scope of this purchase order:

1) Cultures and stocks

2) Pathological waste

3) Trace Chemotherapy

4) Human blood and blood products

5) Sharps

6) Isolation waste

7) Unused sharps

8) Glass specimen slides

*Note. The Government may need to add various types of waste as they become necessary in the future.

d. “Trace Chemotherapy” waste includes items that are potentially, or have been, contaminated by antineoplastic agents or chemotherapy drugs provided that such items, including vials and syringes shall be empty or contain only such trace amounts of these drugs as are allowable under applicable Federal, State, Local laws regulations and guidelines to be considered waste.

e. In accordance with the applicable laws and regulations the preferred method of disposal is by incineration, the VA may accept disposal for RMW and Sharps disposal by sterilization or incineration. Pathological and Trace Chemotherapy waste shall be incinerated.

f. A seamless changeover transition with the incumbent contractor and the awardee shall happen in a timely manner but no longer than 45 days from time of award.

8. RMW RECYCLE AND DISPOSAL MANAGEMENT

a. The shipping papers are to be in compliance with US DOT requirements.

b. The contractor must be able to provide containers designed and dedicated solely for the collection of RMW. The only use for these containers shall be for the transportation of RMW. Boxes shall not be acceptable for the packaging of the RMW and sharps, only carts shall be used to minimize handling by the staff at the facilities.

c. All RMW that requires incineration shall be brought to a central staging area; location will be identified by each facility in attachment D.6 located in section D. Ability to recycle disposed recycle red bag medical waste into plastic lumber for valuable uses in landscaping, construction, pallets, trucks & trailers, and other markets.

d. All pathological waste and trace chemotherapeutic waste collected from the facilities must be incinerated. The VA will be responsible for the segregation of waste in accordance with Federal, State, and Local requirements. All pathological waste and trace chemotherapeutic waste are collected in leak and puncture proof containers and will be packaged in corrugated boxes to ensure it is properly treated.

e. The Contractor shall provide leak and puncture proof reusable containers with lids that can be secured for transportation of the RMW. Contractor shall provide labeling on all containers of regulated waste with the following information at a minimum:

1) Name of transporter or immediate handler.

2) “Regulated Medical Waste”

3) UN3291

4) Bar-coded labels identifying the generator.

f. RMW liners shall be provided by the Contractor for the containers provided on each delivery. The liners shall meet the following certifications:

1) Impact resistance as prescribed in ASTM D 1709.04

2) Tear resistance as prescribed in ASTM D 1922.03a

g. The containers must be designed so it can be easily and safely handled by the VA staff. They should also be designed so that they can be easily secured and transported within the facility by VA staff. The size of the container must be preapproved by the Contracting Officer Representative (COR) and the facility. The Contractor must ensure that containers being delivered to the sites are sanitized and disinfected.

h. Pickup and delivery by the Contractor is required for each site. Full containers shall be removed from the designated storage area at each site and replaced with empty containers. The replacement containers are required to be sanitized and disinfected. The replacement containers shall be placed within the designated empty container storage area at each site. Delivery and pickup must be made at a time agreed upon by the COR or Program Manager. Scheduled arrangements shall be made in the best interest of the VA to ensure ample dock space is available. Scheduled pickup and delivery schedules as identified in the service schedules in section D are subject to change upon agreement by the COR and the Contractor.

i. Transportation vehicles shall be equipped with fully enclosed leak-resistant cargo body maintained in a sanitary condition and secured when left unattended. Vehicles shall bear the transporter's name, state permit number if required, and the words "Regulated Medical Waste" on the sides of the body. Waste shall not be subject to mechanical stress. RMW shall not be combined with other wastes, such as solid waste or recyclables. RMW shall be secured prior to leaving the VA facility. The waste shall remain on the permitted vehicle at all times and shall be unloaded at the appropriate disposal or transfer facility. The facility shall be permitted to accept RMW. Contractor shall immediately notify the appropriate agencies, and the generator, if a vehicle is involved in a spill or accident which renders the vehicle non-compliant with applicable rules and regulations.

j. The contractor shall furnish, sign, and date a properly prepared manifest prior to removing the RMW from the facility. The designated VA employee and the transporter shall certify that the manifest data matches the contents of the load to be transported. A ticket or copy of the manifest will be left with the facility to verify the waste was removed.

k. The contractor shall deliver the waste to an authorized disposal facility. The disposal facility shall sign the manifest to verify that the RMW has been delivered and accepted. Contractor shall maintain a log of RMW shipments. The log shall identify the quantities of each type of RMW shipped. The contractor shall maintain a copy of the manifest for a minimum of 3 years. Contractor shall return a copy of the manifest to the generator, assuring final disposal.

l. The VA reserves the right to thoroughly inspect the Contractor's disposal facility to assure acceptable standard of performance.

9. TRAINING REQUIREMENTS

a. Due to the health and safety risks (especially bloodborne pathogens) associated with this requirement, the Contractor’s methods, procedures, training, and other controls that are proposed must allow the performance of the tasks with no adverse effects from the risk factors.

b. Annually, at no cost to the Government, the contractor will conduct training with all contractor employees that meets or exceeds the requirements of the Department of Transportation, and any other training required by other regulatory entities that may apply to handling shipping of Regulated Medical Waste and Sharps.

c. The training plan shall demonstrate a good working knowledge of the DOT, US Occupational Health and Safety (OSHA), and other applicable regulations that govern the health and safety risks involved in the handling and shipping of RMW. The contractor must be able to provide documentation, at a minimum, for the following training:

1) US DOT

2) HAZMAT Familiarization

3) Function Specific

4) Shipping Papers

5) Proper Packaging

6) Safety

7) Security Awareness/In-Depth Security

8) OSHA Bloodborne Pathogens Standard

10. SPECIAL REQUIREMENTS

a. Qualifications

1) Contractor shall have demonstrated at least three years’ experience servicing at least three similar size hospitals (individual hospitals)/ (demonstrating VISN combined services is beneficial but not required) by submitting a list of references including telephone numbers, addresses, and contact names.

2) Contractor shall provide a plan to demonstrate that they are capable of providing ongoing requirements and services in the event of service disruptions for any reason. Contractor shall provide information for primary and back-up sites for the following: RMW disposal services, reusable sharps container exchange services.

3) Contractor shall provide a complete background of their company as well as any company utilized to sustain this contract. Information will include but is not limited to company’s full legal name, primary business address, all other office locations (city and state), and history, along with the number of years in business.

4) Contractor shall demonstrate their ability to convert the VA location to their services (if applicable) within 45 days after award of the contract.

5) Contractor shall have in place and maintain a valid contingency plan to meet the requirements of the purchase order. Contractor shall incur all cost associated with fulfilling this contingency plan at no additional expense to the Government. Contractor shall be liable for all expenses incurred by the Government due to the contractor's inability to perform in accordance with these requirements.

6) Contractor is required to identify any subcontractors and suppliers. Contractor is responsible for supervision, contract compliance and obtaining any necessary documentation from their subcontractors or supplies performing under this purchase order. If the contractor intends to utilize subcontractors and suppliers other than those initially identified, operating licenses, permits, certificates and any other forms required by regulatory agencies for the new subcontractor(s) must be submitted to the Contracting Officer no later than thirty (30) days prior to change. Any and all cost increases to meet additional regulatory requirements caused by such change of recycling and disposal facilities or any other contractor action relative to transport, storage, recycling, and/or disposal of RMW shall be borne by the contractor.

b. Contractor Personnel

1) The contractor shall provide a contract manager who is responsible for the performance/coordination of work defined in this purchase order. The name and phone numbers (during and after hours) of this person and alternate(s), who shall act for the contractor when the manager is absent, shall be designated in writing to the Contracting Officer and Contracting Officer Representative no later than fifteen (15) days prior to the start date. The contract manager and alternate(s) shall be able to understand, read, fluently speak, and legibly write the English language. This person may perform services under this purchase order in addition to contract management duties. The contract manager or alternate shall have full authority to act for the contractor in all contractual matters relating to daily operation of this purchase order. All personnel changes must be provided in writing to the Contracting Officer and Contracting Officer Representative no later than forty-eight (48) hours prior to the implementation of such changes.

2) Contractor shall provide their employees with appropriate protective clothing, equipment, and apparel as prescribed by OSHA. The technician shall be dressed neatly in appropriate uniform and wear an identification badge at all times when servicing at the VA facility.

3) Contractor shall provide details of what training their employees undergo. Contractor shall be available for consultation and education to Medical Center's staff on the proper use of reusable sharps containers.

4) The contractor shall provide all training necessary to perform the work as defined in this c purchase order. Training shall not hamper the quantity, quality, or timeliness of work requirements of the purchase order.

5) The contractor shall ensure that all employees understand the risks involved with RMW and are trained in specific procedures to handle spills on the VA HCS premises, and in route to a treatment facility.

6) Contractor employees who pick up RMW from the VA HCS are identified as being susceptible and/or occupationally at risk to certain biological hazards. The contractor shall provide these employees with the required immunizations.

7) The Contractor must be able to obtain and maintain a valid Government PIV badge through the Environmental Management Office in collaboration with the PIV Office.

8) The Contractor shall obtain and maintain all required Government training necessary to continue servicing the facilities.

11. PROTECTION OF GOVERNMENT PROPERTY

During work execution, the Contractor shall take special care to protect Government property including interior and exterior buildings, furniture, walls, baseboards, and other surfaces. Damage resulting from Contractor operations shall be repaired by the Contractor, including painting, refinishing, or replacement (if necessary), at no additional cost to the Government. Contractor shall be responsible to meet all OSHA, Environmental and Safety requirements in the performance of the work. This shall include but not be limited to taking all the necessary precautions to protect the patients, visitors and/or staff at each location. Contractor shall be held responsible for any injuries and/or damage, which may be caused as a result of the Contractors failure to adhere to these requirements.

12. PRE-AWARD SURVEY

Prior to award of this purchase order, the VA may conduct a pre-award survey to assess the Contractor on the following conditions:

Failure of any of the above pre-award aspects may be taken into consideration during the Technical Evaluation process in determining the offeror’s ability to successfully perform the services.

13. PERMITS AND RESPONSIBILITIES

The Contractor shall, without additional expense to the Government, be responsible for obtaining any necessary licenses and permits, and for complying with any applicable Federal, State, local laws, codes, and regulations in connection with the prosecution of the work. This includes acquiring any installation listed in this purchase order. The contractor shall be similarly responsible for all damages to persons or property. The contractor shall take proper safety and health precautions to protect the work, the workers, the public and the property of others. The contractor shall also be responsible for all materials delivered and work per-formed until completion and acceptance of the entire work.

14. QUALITY ASSURANCE PLAN

a. The contractor shall develop and maintain a quality program to ensure refuse and recycling services are performed in accordance with commonly accepted commercial practices. The contractor shall develop and implement procedures to identify, prevent, and ensure non-recurrence of defective services. As a minimum, the Contractor shall develop quality control procedures addressing the areas identified in the next paragraph.

b. The Government will periodically evaluate the contractor performance by appointing a representative(s) to monitor performance to ensure service are received. The Government may inspect each task as completed or increase the number of quality control inspections if deemed appropriate. Likewise, the Government may decrease the number of quality control inspections if performance dictates.

15. COMMUNICATION

The Contractor must be capable of sending and receiving e-mails and faxes, communicate with the Project Manager, communicate with service vehicles regularly to determine locations and relay service-related messages, and send/receive electronic data files. Communication shall be critical in ensuring no interruption of services. Communication shall include how waste will be collected, manifested, and treated. The communication shall be very important to ensure compliance.

16. PROJECT MANAGEMENT

Contractor shall provide a highly qualified project manager with strong support from management as this shall be essential to successfully performing these requirements day to day over an extended period of time. The project manager shall be able to identify the organizational structure proposed to direct these operations. The management team members shall be able to be identified along with a description of qualifications and relative experience. Contractors should not view this as simply a trash disposal service. This requirement is broad and diverse and requires an integrated, involved management approach to deliver these services successfully.

17. HEALTH & SAFETY

a. The Health and Safety shall demonstrate a good working knowledge of the US DOT, OSHA, specific state Department of Health and other applicable regulations that govern the health and safety risks involved in the handling and shipping of RMW. All tasks with potential health and safety risks shall be identified along with the proposed control measures to ensure minimal exposure to minimize risk. The Contractor agrees that his personnel and equipment are subject to safety inspections by Government personnel while on Federal property. The Contractor shall ensure that all personnel involved in the handling, repackaging, and transportation of the items listed herein shall be trained in the areas of spills, and general first aid procedures.

b. The contractor is responsible for all spills or leaks that occur during the performance of this purchase order. The contractor agrees to clean up all spills or leaks to the satisfaction of all federal, state, local agencies, or other authority having jurisdiction. No cost for spill or leak cleanup will be charged to the Department of Veterans Affairs. The contractor shall provide a written emergency plan that outlines a formalized response to any accidents, spills or leaks that occur while the contractor is performing work for the facility.

18. REPORTS

a. The contractor shall provide the VA POC, Contracting Officers Representative (COR) and Green Environmental Management Service (GEMS) Program Manager with manifests for all RMW, Pathological Waste, OPIM and Trace Chemotherapy waste removed. The manifests (Shipping Papers) shall be compliant with federal and state regulations. There must be certification on the manifest by signature and date that the waste was picked up at the generator site and additional certification that the waste was delivered, without incident, to the approved destination. This includes, but is not limited to the following information:

1) Generator Information: Name; Address/location; Telephone number; Description of waste; Quantity of medical waste

2) Transporter Information: Truck Number; Transporter name; Address; Telephone number; Driver name; Vehicle License Number; State Vehicle certification

3) Destination Information: Site name; Address; Telephone number; Quantity of each type of RMW shipped, in pounds (lbs)

b. The contractor shall provide the government with an original copy of each manifest that includes the generator and Transporter information for each container of RMW, Pathological Waste, OPIM and Trace Chemotherapy Waste at the time the waste is removed. The contractor shall provide the government (Generator) with a matching completed manifest (carbon copy) that includes volume, weights and destination information within 30 days of receipt at the Treatment, Storage Disposal Facility (TSDF). The Contractor shall provide an electronic monthly report to the VA HCS GEMS Program Manager documenting the RMW and Trace Chemotherapy wastes disposed of, and the amount in lbs.

c. Document numbers on original manifests provided to the government when the waste is removed and document numbers on final manifests must match. The quantity of containers shall be placed on the original manifest and the total pounds shall be placed on the matching final manifest. Copies of all Invoices will be sent to the COR and GEMS Program Manager for Waste generation reporting.

19. CAPABILITIES AND RELEVANT CORPORATE EXPERIENCE

a. The contractor shall describe the abilities of the contractor and any subcontractors to perform this work, plus relevant experience. References to current or previous clients to whom similar services were or are being provided shall be included. Experience most relevant to this solicitation would be managing and providing a comprehensive medical RMW, recycling, and disposal services program, including the required training and compliance services, similar to this requirement. Experience providing a comprehensive waste management program for an industrial generator, or a residential area is less relevant. The services must be specific to a medical facility due to the unique needs and training requirements that face these facilities.

b. Capabilities shall be described in terms of equipment, management experience, qualified personnel, knowledge of the business and an organizational structure that is flexible and responsive enough to direct and support the services required herein. Strong capabilities would consist of demonstrating the available corporate financial resources, equipment, experienced management team and demonstrated experience of successfully managing a requirement with complexities of service.

20. ADMINISTRATION

a. Facility Orientation: An initial orientation of the facilities will be conducted by the Program Office Representative at the start of the purchase order. The Contractor shall be responsible for conducting orientation for new employees thereafter.

b. Accident Reporting: In the event an accident occurs on the Department of Veterans Affairs property or involving Government personnel or property, the contractor shall contact the VA Police immediately. A report shall be provided to the Contracting Officer and COR in writing that shall include the following: (1) the time and date of occurrence; (2) the place of occurrence; (3) a list of personnel directly involved; and (4) a narrative or description of the accident to include chronological order of the accident and circumstances; (5) corrective action to prevent future occurrences.

c. Invoice: Payment will be made upon receipt of a properly prepared, itemized invoice, validated by the COR, and submitted through the Tungsten System. A properly prepared invoice will contain:

1) Invoice Number and Date

2) Contractor’s Name and Address

3) Accurate Purchase Order Number

4) Itemization of pounds recycled and disposed

5) Price per pound

6) Dates service performed

7) Location of service performed

8) Total amount due

B.3 PRICE/COST SCHEDULE

ITEM INFORMATION

Regulated Medical Waste and Sharps Disposal Services for VA Bedford Medical Center Contract Period: Base POP Begin: 11-01-2023 POP End: 10-31-2024 PRINCIPAL NAICS CODE: 562112 - Hazardous Waste Collection PRODUCT/SERVICE CODE: S222 - Housekeeping - Waste Treatment/Storage

Regulated Medical Waste and Sharps Disposal Services for VA Bedford Medical Center Contract Period: Option 1 POP Begin: 11-01-2023 POP End: 10-31-2025

Regulated Medical Waste and Sharps Disposal Services for VA Bedford Medical Center Contract Period: Option 2 POP Begin: 11-01-2025 POP End: 10-31-2026

Regulated Medical Waste and Sharps Disposal Services for VA Bedford Medical Center Contract Period: Option 3 POP Begin: 11-01-2027 POP End: 10-31-2028

Regulated Medical Waste and Sharps Disposal Services for VA Bedford Medical Center Contract Period: Option 4 POP Begin: 11-01-2028 POP End: 10-31-2029

SECTION C - CONTRACT CLAUSES

C.1 52.212-4 CONTRACT TERMS AND CONDITIONS—COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES (DEC 2022)

(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; 41 U.S.C. 4712 and 10 U.S.C. 4701 relating to whistleblower protections; 49 U.S.C. 40118, Fly American; and 41 U.S.C. chapter 21 relating to procurement integrity.

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

(1) The schedule of supplies/services.

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

(3) The clause at 52.212-5.

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

(5) Solicitation provisions if this is a solicitation.

(6) Other paragraphs of this clause.

(7) The Standard Form 1449.

(8) Other documents, exhibits, and attachments

(9) The specification.

(t) [Reserved]

(u) Unauthorized Obligations.

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

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

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

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

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

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

(End of Clause) ADDENDUM to FAR 52.212-4…