36C24221Q0133.docx

36C24221Q0133

PAGE 1 OF

1. REQUISITION NO.

2. CONTRACT NO.

3. AWARD/EFFECTIVE DATE

4. ORDER NO.

5. SOLICITATION NUMBER

6. SOLICITATION ISSUE DATE

a. NAME

b. TELEPHONE NO. (No Collect Calls)

8. OFFER DUE DATE/LOCAL

TIME

9. ISSUED BY

CODE

10. THIS ACQUISITION IS

UNRESTRICTED OR

SET ASIDE:

% FOR:

SMALL BUSINESS

HUBZONE SMALL

BUSINESS

SERVICE-DISABLED

VETERAN-OWNED

SMALL BUSINESS

WOMEN-OWNED SMALL BUSINESS

(WOSB) ELIGIBLE UNDER THE WOMEN-OWNED

SMALL BUSINESS PROGRAM

EDWOSB

8(A)

NAICS:

SIZE STANDARD:

11. DELIVERY FOR FOB DESTINA-

TION UNLESS BLOCK IS

MARKED

SEE SCHEDULE

12. DISCOUNT TERMS

13a. THIS CONTRACT IS A

RATED ORDER UNDER

DPAS (15 CFR 700)

13b. RATING

14. METHOD OF SOLICITATION

RFQ

IFB

RFP

15. DELIVER TO

CODE

16. ADMINISTERED BY

CODE

17a. CONTRACTOR/OFFEROR

CODE

FACILITY CODE

18a. PAYMENT WILL BE MADE BY

CODE

TELEPHONE NO.

DUNS:

DUNS+4:

PHONE:

FAX:

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

SEE ADDENDUM

19.

20.

21.

22.

23.

24.

ITEM NO.

SCHEDULE OF SUPPLIES/SERVICES

QUANTITY

UNIT

UNIT PRICE

AMOUNT

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

25. ACCOUNTING AND APPROPRIATION DATA

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

ARE

ARE NOT ATTACHED.

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

ARE

ARE NOT ATTACHED

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

29. AWARD OF CONTRACT: REF. ___________________________________ OFFER

COPIES TO ISSUING OFFICE. CONTRACTOR AGREES TO FURNISH AND

DATED ________________________________. YOUR OFFER ON SOLICITATION

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

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

ADDITIONAL SHEETS SUBJECT TO THE TERMS AND CONDITIONS SPECIFIED

SET FORTH HEREIN IS ACCEPTED AS TO ITEMS:

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

AUTHORIZED FOR LOCAL REPRODUCTION

(REV. 2/2012)

PREVIOUS EDITION IS NOT USABLE

Prescribed by GSA - FAR (48 CFR) 53.212

7. FOR SOLICITATION

INFORMATION CALL:

STANDARD FORM 1449

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

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS

526-21-1-644-0003 36C24221Q0133 10-28-2020 Safa Shleiwet 718-741-4766 11-11-2020 17:00

EST

36C242 Department of Veterans Affairs Network Contracting Office 2 James J. Peters VA Medical Center 130 West Kingsbridge Road Bronx

NY

10468-3904 X X 562111 $41.5 Million N/A X

36C242 Department of Veterans Affairs James J. Peters VA Medical Center Network Contracting Office 2 130 West Kingsbridge Road Bronx

NY

10468-3904

Tungsten Network http://www.tungsten-network.com/us/en /veterans-affairs

See CONTINUATION Page This is an Indefinite Delivery Indefinite Quantity (IDIQ) for trash removal and recycling services at James J. Peters VA Medical Center.

Please see Statement of work for more details.

Periods of performance: 12 months base plus two 12 months Option year.

All questions must be submitted in writing via email to safa.shleiwet@va.gov by 5:00 PM EST November 3, 2020 See CONTINUATION Page X X Safa Shleiwet 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 36C242 Safa Shleiwet Department of Veterans Affairs Network Contracting Office 2 James J. Peters VA Medical Center 130 West Kingsbridge Road Bronx NY 10468-3904

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.

Tungsten Network http://www.tungsten-network.com/us/en /veterans-affairs

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

Page 1 of Page 1 of

STATEMENT OF WORK

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, recycling programs and solid waste at the James J. Peters VAMC. The comprehensive waste services shall not only include the collection and disposal of solid waste, but also the training and support required to ensure compliance with all Federal, State, and Local regulations. The Contractor must have relevant experience in providing comprehensive waste management services. The ability to provide waste audits and to properly separate waste streams is crucial to this requirement. The Contractor must be able to assist the facility in properly profiling their waste and reducing the volumes of waste, while increasing recycling services. The Contractor shall clearly show a plan that will easily measure the reductions in volumes on a monthly basis. 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:

James J. Peters VAMC is an integrated healthcare system comprised of the Medical Center and community-based outpatient clinics located in Yonkers, White Plains and Queens, New York.

James J. Peters VAMC provides ambulatory care, primary care, and secondary care in acute medicine and surgery, specialized tertiary care, transplant services, spinal cord injury, outpatient care, and a full range of extended care and mental health services.

3. PERIOD OF PERFORMANCE:

Base of 12 months plus two 12 months option.

4. PLACES OF PERFORMANCE:

Solid Waste and recycling removal is required for James J. Peters VAMC – 130 West Kingsbridge Road, Bronx, NY 10468

5. FREQUENCY OF SERVICE(s) PROVIDED:

Current Services Only:

Additional locations, containers and service will be provided at the time of the award.

6. DAYS AND HOURS OF OPERATION:

Monday – Friday, 8:00 a.m. to 4:30 p.m. excluding federal holidays.

7. PERFORMANCE REQUIREMENTS:

a. The contractor shall provide creative, efficient and innovative solutions that demonstrate the contractor’s ability to properly understand and perform the services of this requirement. The contractor shall demonstrate technical solutions and approaches that exhibit the contractor’s experience and qualifications in providing these services. The contractor shall be required to provide a demonstration of the resources, equipment and qualified personnel that are available to commit to this requirement. The contractor shall provide all labor, supplies, equipment, and disposal for the following services:

1) Solid waste disposal services and recycling services Recycling Services:

a. Scrap Metal

b. Wood Pallets

c. Comingled Bottles, Cans and Plastic

d. Comingled Paper

e. Solid waste

2) Total Solid Waste Management

3) Waste audits

4) Training for waste streams to ensure compliance

5) Sanitary conditions – Contractors will be required to dispose of all material in such manner as to avoid conditions detrimental to public health or the creation of a public nuisance. Contractor will comply fully with all Federal, State and City and County Laws, rules and regulations now in effect or which may hereafter become effective Governing waste removal and disposal. All containers, vehicles, and other equipment used shall be maintained in clean and sanitary condition at all times.

NOTE: Due care must be exercised to prevent leakage and scattering of waste on the grounds of the hospitals and on public roadways and the pickup area must be left in a clean and sanitary condition after removal of the container. The contractor will be responsible for the removal of all trash or spillage on the hospital grounds or on public roadways, which accrue as a result of waste removal equipment used by the contractor. Contractor must wash down inside of dumpsters after each use.

8. REFERENCE/REQUIREMENTS: The requirements of the following agencies must always be met:

a. Environmental Protection Agency (EPA) 40 CFR.

b. Food and Drug Administration (FDA) Quality System Regulation as stated in 21 CFR Part 820

c. Department of Transportation (DOT) 49 CFR.

d. Occupational Safety and Health Administration (OSHA)

9. SOLID WASTE DISPOSAL AND RECYCLING SERVICES

The James J. Peters VAMC solid waste service is a critical support service for the Hospital. Solid waste must be removed from the facility in an efficient and timely manner so as not to interfere with work production within buildings or at the loading dock. Maintaining the cleanliness and aesthetic appearance of the equipment shall be a high priority.

The loading dock is the most critical area for the management of the solid waste. The waste must be removed on schedule so as not to interfere with the facility operations at the loading dock. The containers must be in good condition. As part of this solicitation, the contractor shall provide new equipment to ensure the cleanliness and aesthetic appearances are satisfactory.

The Contractor must provide a plan for maintaining the cleanliness of the containers and equipment.

The Contractor shall provide the types and quantities of vehicles, solid waste collection equipment and/or containers proposed to provide the required services. A separate listing of proposed equipment and containers shall be provided for review.

The Contractor shall provide the proposed frequencies for the emptying of solid waste containers or equipment, including required times for off-site disposal. Estimated 1,169 tons of regular solid waste throughout the James J. Peters VAMC. Current services are furnished within four (4) hours if the telephone notification is given prior to 3:30pm. If notified after 3:30pm, removal service will be furnished by 8:00am the following day.

The Contractor shall provide the methods and procedures proposed to provide the required preventive maintenance and emergency repairs to the Contractor provided solid waste containers and equipment. If abuse or vandalism is identified, it shall be immediately brought to the attention of the COR, and arrangements for repair shall be agreed upon by Contractor, Contracting Officer, and COR.

Contractor shall maintain a log of solid waste shipments. The log shall identify the date, time and quantities of solid waste shipped.

Any applicable rebates for Cardboard, Scrap Metal, Wood Pallets, and Comingled Bottles, Cans and Plastics shall be based upon best market conditions pricing.

10. Estimated Quantities/Approximate Accumulations:

It is estimated that approximately four (4) tons of trash/garbage will be accumulated for each pickup from the trash compactors. The quantities from the additional containers will vary depending on the time of the year and are approximately one ton per pickup. As it is impossible to determine the exact quantity that will require removal, the estimated quantity shown herein is for information only and may be increased or decreased in accordance with the actual accumulations.

The Contractor shall work with the COR to develop a manifest for all monthly recycling totals including but not limited to, pickup schedules, total weights of all recycled items and credits to be applied. Pickups shall be scheduled every other week as firm fixed locked-in price per pound with optional additional pickups on an as needed basis requested by the James J. Peters VAMC. All recycling credits shall be applied to monthly invoices as a lump sum with itemized summaries of pounds recycled and credited to the monthly container rental fees.

Recyclable Materials: is the process by which materials that have been identified as materials to recover cardboard, pallets, scrap metal, and co-mingled used beverage containers (glass, tin, plastic).

Collection Methods:

1. Cardboard shall be compacted. Compactor is on the loading dock.

1. Metal shall be placed in a 30yd. open-top roll-off dumpster provided by Vendor complying with existing regulated VA guidelines.

3. Comingled bottles cans and plastics shall be placed in a 5-6yd. container provided by Vendor complying with existing regulated VA guidelines.

Any applicable rebates for Cardboard, Scrap Metal, Wood Pallets, Comingled Bottles, Cans and Plastics shall be based upon best market conditions pricing.

Approximate Numbers of Containers

(See Note Below) Once per week

11. SCRAP METAL/PALLETS

The contractor shall provide all personnel, equipment, tools, materials, vehicles, supervision, and other items and services necessary to perform scrap metal and pallet recycling at James J. Peters VAMC.

VA EMS personnel shall call the COR as needed for delivery of various size scrap metal containers including 10 cubic yard, 20 cubic yard, 30 cubic yard and/or 40 cubic yards. The contractor shall deliver and drop the container in an area designated by VA EMS personnel during normal business hours, between 8:00 am and 4:30 pm, Monday through Friday, excluding federal holidays. Once called, the contractor will deliver the scrap metal container within 24 hours upon the telephone request (excluding weekends and holidays). Container requests may be issued for any combination of containers. Once the container is full or ready for pick up, VA EMS personnel shall notify COR via telephone. VA EMS personnel shall neatly stack all pallets in accordance with the contractor’s specific guidance. The contractor shall pick up the materials and provide the COR a receipt. Contractor shall enter the scrap metal and pallets into the recycling log and be included in the rebates.

12. WASTE AUDIT

The Contractor shall provide to the James J. Peters VAMC an annual waste stream survey to include a formal written report after completion, in which contractor specifically reviews the waste generation and waste flow within a facility to determine areas of opportunity for waste reduction and elimination.

Once a clear reduction plan is approved, the Contractor and the VA will implement the program. Contractor and VA will develop internal relationships with generators and work with them to achieve the program's goals. Contractor and VA will train generators on the different types of waste in their area (infectious, noninfectious and recyclable) and where to properly dispose of it. The contractor shall monitor and track cost, waste generation by type and location, and training records for employees. All training records shall be sent electronically to the COR and COR designee.

Contractor understands that they shall also be required to provide subsequent briefing and in-service training for James J. Peters VAMC. This training shall be conducted at no cost to the VA. Dates and times of training will be mutually agreed upon between the Contractor and the COR.

The Contractor provide a monthly tracking reporting system that shall allow for the James J. Peters VAMC to track all wastes from the point of generation as a means to identify waste poundage and classification. This report shall clearly demonstrate the facilities classification of wastes and opportunities for reduction. The report shall track all waste streams-solid waste, recycling and plastic diversion. The report shall also provide recycling factoids (ie. pounds). The Contractor shall be responsible to submit to the COR and a sample of the proposed report required for the approval of the COR. This sample shall be submitted within ten (10) calendar days of receipt of the Notice of Award.

13. SPECIAL CONTRACT REQUIREMENTS

a. QUALIFICATIONS:

1. Contractor shall have demonstrated at least three years of experience servicing at least three similar size hospitals 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: solid waste disposal and recycling 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 immediately after award of the contract.

5. Contractor shall have in place and maintain a valid contingency plan to meet the requirements of the contract. 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 contract. 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 facility 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 disposal facilities or any other contractor action 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 contract. 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 no later than fifteen (15) days prior to the contract 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 contract 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 contract. All changes must be provided in writing to the Contracting Officer 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 the Occupational Safety & Health Administration (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. The contractor shall provide all training necessary to perform the work as defined in this contract. Training shall not hamper the quantity, quality, or timeliness of work requirements of the contract.

c. PERSONNEL POLICY:

The Contractor shall assume full responsibility for protection of the personnel furnishing services under this contract. To carry out this responsibility, the Contractor shall provide the following for these personnel:

· Workers compensation

· General liability insurance in a minimum amount of $500,000.00.

· Income tax withholding, and

· Social security payments

14. 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/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.

15. PRE-AWARD SURVEY:

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

Failure of adequate performance 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.

16. 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, and Municipal laws, codes, and regulations in connection with the prosecution of the work. This includes acquiring any installation listed in this contract. He shall be similarly responsible for all damages to persons or property. He shall take proper safety and health precautions to protect the work, the workers, the public and the property of others. He shall also be responsible for all materials delivered and work per-formed until completion and acceptance of the entire work.

17. QUALITY ASSURANCE PLAN:

The ability to successfully provide the number and types of services required on a daily basis over an extended period of time requires a good Quality Assurance Plan. The required services shall be delivered within the normal working hours (8A-4:30P), while meeting the quality standards required. The Contractor shall identify the methods and procedures to be used to ensure that the quality standards are met for Solid waste, recycling, and scrap metal. The Contractor shall focus on delivering the primary services of collections, consolidation, transportation, shipping and disposal in a manner the meets the requirements. The Contractor shall identify the key staff members who will carry out the requirements.

18. COMMUNICATION:

The contractor shall explain the communication plan for employees and subcontractors. Highly functional and efficient data and voice communications are critical for successfully performing the contract requirements. 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.

19. PROJECT MANAGEMENT:

Contractor shall provide a highly qualified project manager with strong support from corporate management as this shall be essential to successfully performing these requirements day to day over an extended period of time. This plan shall identify the organizational structure proposed to direct these operations. The management team members shall be identified along with a description of qualifications and relative experience. The methods and procedures used to carry out this plan shall be specified, including the problem resolution procedures to be used in the event of service related or personnel problems. The Contractor shall identify the types of employee incentives used to encourage quality performance by Contractor staff. The plan shall specify the manager that shall be designated to meet with the Contracting Officer, at the Government’s convenience, for scheduled and impromptu meetings to discuss contractual issues. Resumes shall be provided for all members of the project management team and other key personnel requiring special skills. 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.

20. HEALTH & SAFETY:

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. The Health and Safety plan shall demonstrate a good working knowledge of the US DOT, US Occupational Health and Safety (OSHA), State of New York Department of Health and other applicable regulations that govern the health and safety risks involved in the handling and shipping of regulated medical waste. 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.

21. REPORTS:

The Contractor must demonstrate the reports that shall be provided to measure the reductions that are achieved in the volumes of waste. The Contractor shall provide this/these report(s) monthly. The report(s) must demonstrate the objectives that are being met, and action plans for the objectives that have not been achieved. The Contractor must explain how this shall be measured to ensure tracking that is consistent and accurate. The contractor shall be required to provide a waste audit report at least once per year. This report shall identify opportunities for reduction, health & safety risks, equipment reviews, and training requirements to achieve opportunities identified in the audit. The Contractor must demonstrate the training records and reporting that shall be provided. This must comply with the regulations as defined in the “Training” section.

22. CAPABILITIES AND RELEVANT CORPORATE EXPERIENCE:

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 waste and 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 should be specific to a Hospital due to the unique needs and training requirements that face these facilities.

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 contract with complexities of service.

23. Emergency Contingency

a. In the event the contractor fails to make the scheduled pick-up they will make arrangements to make the pick-up with-in 12 hours of being contacted.

b. In the even the contractor can not make the scheduled pick-up as scheduled or within the 12-hour contingency they shall make arrangements up to and including contracting another service to make the pick-up at no additional charge to the government.

24. ADMINISTRATION

a. Facility Orientation: An initial orientation of the facilities will be conducted by the COR at the start of the contract. 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. Locations: The government reserves the right to modify the contract as needed to add or delete VA Locations.

d. Federal Holidays:

New Year’s Martin Luther King Jr. Day President’s Day Memorial Day Fourth of July Labor Day Columbus Day Veteran’s Day Thanksgiving Christmas

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

(1) A properly prepared invoice will contain:

1. Invoice Number and Date

1. Contractor’s Name and Address

1. Accurate Purchase Order Number

1. Itemization of pounds recycled and disposed

1. Price per pound

1. Dates service performed

1. Location of service performed

1. Total amount due

(2) A separate invoice will be prepared for each facility.

B. 3 PRICE WORKSHEET

* NOTE THE QUANTITIES LISTED ARE ESTIMATES TO BE USED FOR PRICE EVALUATION PURPOSES ONLY.

Base Year Period of Performance: 12/01/2020-11/30/2021

3X a week

1X a month (As needed)

Total Estimated $___________________

Option Year 1 Period of Performance: 12/01/2021-11/30/2022

3X a week

1X a month (As needed)

Total Estimated $___________________

Option Year 2 Period of Performance: 12/01/2022-11/30/2023

3X a week

1X a month (As needed)

Total Estimated $___________________

Recycling Rebate Worksheet:

Rebate per Ton

Base Year

Option Year 1

Option Year 2

SECTION C - CONTRACT CLAUSES

C.1 52.212-4 CONTRACT TERMS AND CONDITIONS—COMMERCIAL ITEMS (OCT 2018)

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

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

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

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

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

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

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

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

(g) Invoice.

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

(i) Name and address of the Contractor;

(ii) Invoice date and number;

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

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

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

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

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

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

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

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

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

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

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

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

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

(i) Payment.—

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

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

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

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

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

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

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

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

(C) 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 32.608-2 of the Federal Acquisition Regulation 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. 2409 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…