36C24222Q0586.docx

36C24222Q0586

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. 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

Various By VISN 2 Location 36C24222Q0586 05-02-2022 Harsch, Michelle Michelle.Harsch@va.gov 716-862-7373 05-30-2022 2:00pm

EDT

Department of Veterans Affairs Network Contracting Office (NCO) 2 2875 Union Road Suite 3500 Cheektowaga NY 14227 X X 562211 $41.5 Million N/A X Department of Veterans Affairs Upstate NY Healthcare System c/o Buffalo VAMC 3495 Bailey Avenue Buffalo NY 14215 Department of Veterans Affairs Network Contracting Office (NCO) 2 2875 Union Road Suite 3500 Cheektowaga NY 14227

Tungsten Network https://www.tungsten-network.com/ customer-campaigns/veteransaffairs/

See CONTINUATION Page Regulated Medical Waste Removal and Disposal services for VISN 2 North Medical Centers and outlying Community-Based Outpatient Clinics (CBOCs) as represented in the Statement of Work included herewith.

See CONTINUATION Page

52836201626854856400 0100C1BZ2; 52836201624854856100

0100C10Z2; 52836201626854856400 0100C1BZ2;52836201627854

856700 0100C1CZ2; 52836201628854856100 0100C1DZ2

X X X Harsch, Michelle A.

Contracting Officer Table of Contents

B.2 STATEMENT OF WORK………………………………………………………………….5

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 Michelle A. Harsch

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 https://www.tungsten-network.com/customer-campaigns/veteransaffairs/ ACKNOWLEDGMENT OF AMENDMENTS: The offeror acknowledges receipt of amendments to the Solicitation numbered and dated as follows:

B.2 STATEMENT OF WORK (SOW)

Regulated Medical Waste (RMW) Removal and Disposal A. Scope.

VISN 2 North VA Medical Centers and Community Based Outpatient Clinics (CBOC) #1-15 in Paragraph (B) listed below have a requirement for regulated medical waste removal and disposal services (RMW). Contract performance will be for the base requirements and four (4) one-year options as follows:

Contractor shall furnish all labor, materials, and equipment to render complete regulated medical waste removal, transportation, disposal and documentation of services in accordance with all terms, conditions and specifications contained herein. Performance of services shall occur at the following VA locations:

B. Locations:

a. Elmira Community Based Outpatient Clinic (CBOC) 1316 College Avenue Elmira, NY 14901

b. Wellsboro VA Clinic 1835 Shumway Hill Road Wellsboro, PA 16901

c. Coudersport Veterans Primary Care Clinic 24 Maple View Lane, Suite 2 Coudersport, PA 16915

d. Wellsville CBOC 3458 Riverside Drive, Route 19 Wellsville, NY 14895

a. Rochester CBOC 260 Calkins Road Rochester, NY 14623

b. Clinton Crossings 919 West Fall Road Canandaigua, NY

a. Syracuse VA Medical Center Dental Clinic 910 Erie Boulevard East 2nd Floor Syracuse, NY 13210

b. Rome CBOC Griffiss Business Park 125 Brookley Road, Building 510 Rome, NY 13441-4301

c. Binghamton CBOC Garvin Building 425 Robinson Street Binghamton, NY 13901

a. Batavia VA Medical Center 222 Richmond Avenue Batavia, NY 14020

b. Niagara Falls CBOC 1300 Pine Avenue Niagara Falls, NY 14301-2300

c. Olean CBOC 465 North Union Street Olean, NY 14760-2658

a. Bainbridge CBOC 109 North Main Street Bainbridge, New York 13733

b. Catskill CBOC Columbia Greene Medical Arts Building, Suite D305 159 Jefferson Heights Catskill, New York 12414

c. Clifton Park CBOC 963 Route 146 Clifton Park, New York 12065

d. Fonda CBOC 2623 State Highway 30A Fonda, New York 12068

e. Saranac Lake CBOC 33 Depot Street Saranac Lake, New York 12983

f. Westport CBOC 7426 Route 9N Westport, New York 12993

C. Frequency of Pick-ups:

D. Disposal and Health Regulations:

Disposal shall be made by the contractor who shall be responsible for any and all costs incurred in connection with the removal and disposal of all generated RMW under this contract. Once the contractor has left the Medical Center, they shall comply with all local ordinances and State laws applicable to the transportation and disposal of regulated medical waste. The Department of Veterans Affairs understands that any market involving environmental regulations is subject to periodic changes to regulations by various Governmental authorities. The VA shall remain sensitive to any change and be receptive to discussions that may be necessitated due to industry regulatory changes.

E. Weighing Facilities:

The Government shall have the right to approve and inspect the Contractor’s weighing facility prior to award of the contract. The Contractor shall provide documentation supporting/demonstrating weighing equipment is tested at least annually for accuracy, properly maintained, calibrated, and operated. Credit shall be provided to the Medical Center whenever it is determined that over-charges result from defective weighing equipment.

F. Weighing System:

1. Contractor shall utilize a certified weighing system to enable proper billing for waste poundage disposed; i.e. if the disposal container weighs 14 pounds and Contractor is to dispose/haul 10 containers, each container would be weighed, and the container total weight (140 pounds) shall be subtracted from the gross weight to determine total waste poundage to be invoiced.

a. The contractor shall charge only for the net weight of waste excluding weight for the containers. Scales shall be provided at each site and calibrated as needed.

2. All containers shall be weighed in the presence of the local Contracting Officer Representative (COR) or its designated Veterans Administration employee.

3. A completed manifest shall be provided for each pick up from each site and shall be followed by a Certificate of Disposal (CD) at the end of that month stating total poundage destroyed. The CD shall match weight destroyed to the volumes of medical waste for destruction documented upon pick up and transport of the waste.

a. By the fifth (5th) workday of each month the Contractor shall provide to the COR or its designee at each Medical Center weight tickets for all medical waste removed and destroyed for the previous month, along with a written certificate validating waste destruction.

G. Performance Monitoring:

Performance monitoring will be conducted by the lead VISN COR and location CORs of any discrepancies or deviations for the requirements of this Statement of Work.

H. Contractor Site Specific Responsibilities:

1. Contractor shall provide all necessary labels, red bags, boxes, storage and transportation containers, packaging materials (including the placement of a contractor furnished on-site refrigerated storage trailer) and complete documentation of services provided. Each VISN 2 location has the option to have the refrigerated truck on site or not on an as needed basis.

a. Stratton VA-Albany - Provide BX05 boxes, US43 box to pack waste in. Provide TB01 30 gallon hinged containers.

b. Buffalo VAMC – Provide an on-site trailer, pickups will be called in as needed. Refrigerated trailer provided on an as-needed basis.

c. Syracuse VAMC – Provide large boxes, 50” x 25” x 8”, for removal of filters.

d. At contract award, Contractor shall provide on-site DOT training for each VISN 2 location. Additional training, one per year, if requested by the COR for locations.

I. Contractor Furnished Materials and Equipment:

During performance of the regulated waste removal services for the Department Of Veterans Affairs, the Contractor shall furnish the following:

1. Cardboard boxes or reusable plastic containers approximately 45cm wide x 45cm deep x 60cm high with minimum 90 kilogram bursting strength.

a. Both boxes and containers must have biohazard markings or be stamped with the words “REGULATED MEDICAL WASTE”. If reusable plastic containers are used they must be delivered to the VA Medical Center sanitized and safe for use. Sanitation shall be accomplished by washing at 180 degrees Fahrenheit or higher with a bleach-based solution approved prior to award. The Contractor shall ensure that a sufficient number of boxes are on hand to accommodate the projected waste load; however the boxes shall not exceed the capacity of the Environmental Management Service (EMS) to properly store them.

1.) The Contractor shall coordinate immediately after award with the Chief, EMS or Industrial Hygienist for amount and storage area. The Contractor shall also provide occasional use containers suitable for disposal of oversized waste items.

2. Plastic liners 2.5 ml, red in color, marked with biohazard markings to fit above size box.

3. Sealing tape and preprinted labels as required by New York State Department of Environmental Conservation (NYSDEC) regulations for transporting of regulated medical waste.

4. Data/inventory documents (blank manifests) prior to pick-up for Government entry of container weights for each shipment.

5. Carts must be reusable with 18 cubic foot minimum capacity, leak proof, and a locking top. Carts must be stackable. Each cart shall be clearly marked "Regulated Medical Waste." The Contractor shall be required to sanitize all carts subsequent to removal of medical waste and prior to return of carts to the medical center. Sanitization shall be performed in accordance with acceptable commercial practice. The Contractor shall ensure that a sufficient number of carts are provided to accommodate the projected waste load.

J. Packaging/Collection/Transportation:

1. The Government shall be responsible for properly packaging and storing bio-hazardous infectious waste until pickup by contractor.

2. The contractor shall not collect any waste that is improperly packaged, leaking, overweight, in damaged containers or any container/waste that cannot be treated, transported or disposed of in a lawful manner or that may cause harm to public health or the environment. The contractor shall take any safety precautions necessary to protect the lives and health of the occupants of the building. Any deficiencies specified by the COR shall be corrected immediately by the contractor.

3. The contractor shall maintain the refuse containers and equipment in a state of satisfactory repair and appearance as determined by the COR.

4. In order to prevent possible contamination of “navigable waters” as defined in 40 CFR (Code of Federal Regulations) Parts 110 and 112 and to have full knowledge in the event of a spill, immediate notification of quantities and materials discharged shall be reported to the COR.

5. The contractor shall be responsible for loading of laboratory packs in accordance with 40 CFR 265 on site and transporting in vehicle(s) that are properly placarded for hazardous infectious waste. The driver shall adhere to all posted speed limits in the Government compound and use extreme caution when maneuvering and parking the transport vehicle during pickups. All labor to remove filled containers from secured storage areas, loading the vehicle and replacing with empty containers in secured area is the sole responsibility of the transporter/driver.

a. Vehicle operators shall have all current training and licensure for authorized transport of hazardous materials/waste in accordance with all applicable Federal, State and local regulations.

K. Incineration:

1. The Contractor shall be required to incinerate all research animal waste, pathological and chemotherapeutic waste accepted under the terms of this contract. Such types of waste shall be separated and identified in clearly marked containers by government personnel. The Contractor shall insure that incinerators used for destruction of chemotherapeutic, pathological and animal waste are in compliance with all applicable Federal, State, and local requirements.

2. All other medical waste generated by the medical centers and outpatient clinics shall be disposed of by the Contractor in accordance with current Federal, State, and local guidelines governing regulated medical waste. In addition to safe and timely waste removal, the Contractor shall be required to sanitize its trash container a minimum of eight times yearly at no additional cost to the Government. Repainting and rehabilitation of the Contractor-owned trash containers shall be performed periodically to ensure that the device is neat, clean, and satisfactory for its intended purpose.

L. Types of Waste Covered:

The following are the most common types of medical waste, including regulated medical waste that may be disposed of in performance of this contract. The Government reserves the right to identify other types of waste to be disposed of under the terms of this contract.

Blood and Blood Products Dialysis Waste Animal Tissues, Body parts, and Carcasses Animal Waste (a mixture of animal feces generated from rodents, etc.)

Human Tissues, Body parts, and Limbs Animal Bedding Biological and Pharmaceuticals Research Waste, Laboratory Specimens Pathology and Histology samples Surgery Waste, Isolation Waste Cultures and Slides Chemotherapy and Cytotoxic Waste AIDS and Hepatitis Waste Intravenous bags, Blood bags and Associated Tubing Packaging Materials, Gloves and Gowns Associated with Waste Collection

M. Sterilization:

The contractor shall clean and return the containers ready for use, free of debris. The Biohazardous containers shall be red, and any chemotherapy drums or boxes shall be yellow. Cleaning/sterilization of containers shall be the responsibility of the contractor. The contractor shall maintain the containers and equipment in state of satisfactory repair and appearance as determined by the COR.

N. Licenses and Permits:

1. The Contractor shall, without additional cost to the Government, provide and maintain all licenses and permits for operational personnel, trailers, containers, vehicles, and other resources required for proper removal of regulated medical waste in accordance all applicable Federal, State, Municipal, and local regulations.

2. The contractor/transporter agrees to hold the Government faultless for any negligence of contractor/transporter or his/her employees who may wholly or individually be liable for improper disposal during the performance of this contract.

3. The contractor shall use sufficient diligence to remain in compliance with all environmental requirements of Federal, State, Municipal and local jurisdictions that pertain to the transportation, accumulation, storage, and destruction of biomedical waste.

O. Title:

Title to all Regulated Medical Waste provided to the contractor shall pass from the Government to the contractor at point of loading such regulated medical waste on the contractor’s truck at each VA facility. In case of contractor provided refrigeration unit/trailer, title shall pass to contractor upon hauling of unit off site or reloading onto contractor’s truck.

P. Documentation:

1. The Contractor is required to comply with all current Federal, State and local regulations, policies, and procedures regarding tracking, recordkeeping, manifesting, and transportation of regulated medical waste. The Contractor shall comply with all changes to Federal, State, and local regulations and procedures that may occur during the term of this contract. The Contractor shall provide to the Government any additional certifications that may be required as a result of changes in such regulations, policies and procedures.

2. The Contractor shall provide all manifests and documentation that apply to removal and disposal of regulated medical waste activities conducted by its workforce and its subcontractors. The Contractor shall furnish and fill out appropriate manifests required to document the safe shipment and proper disposal of regulated medical waste generated by the Government under the terms of this contract.

3. Prior to removal and transport of regulated medical waste generated by each VA site, the Contractor shall obtain approval and signature for each manifest from the local VA Contracting Officer's Representative verifying the regulated medical waste was shipped for disposal, and that the Contractor has accepted the measurement of weight stated by the Government. No manifest shall be accepted as valid if not signed by the local VA COR or designee. A copy of the executed manifest must be filed with the VA Medical Center COR.

4. In addition to providing manifests, the Contractor shall provide CERTIFICATIONS OF DESTRUCTION for each disposal activity to the local VA COR within twenty (20) working days of each removal of regulated medical waste. Certificates of Destruction shall clearly indicate that all manifested waste has been destroyed properly and shall specify the site and date of destruction. The Certificate of Destruction shall at a minimum contain the following:

Pickup/Delivery Location Pickup/Delivery Date Amount of waste collected (number of containers picked up and net weight (lbs.)

Any other information as required by the COR The Contractor's representative shall contact the local VA COR for approval of manifests and delivery of other required documentation at the following locations:

Catskill, Clifton Park, Westport, Saranac, Fonda and Bainbridge CBOC’s Noney Grier 518-795-0619

Q. Schedule of Waste Removal

After award of this contract, the Contractor shall coordinate the scheduling with the local COR that best suits each facility’s needs for pickups per week or month specified in Section C above.

R. Work Hours/Holidays

Operational Work Hours: Monday to Friday, 7:00 AM to 3:00 PM (Verify with each VISN 2 location) National Holidays: Eleven holidays observed by the Federal Government are:

Thanksgiving Day Christmas Day To include any other day specifically declared by the President of the United States to be a national holiday.

The Department of Veterans Affairs, VISN 2 reserves the right to increase and/or adjust the frequency of infectious waste pickup to meet the needs of the Healthcare System and its outpatient clinics.

S. Contingency Plan:

The Contractor shall maintain a satisfactory contingency plan to meet contract requirements for regulated medical waste disposal in cases where such waste cannot be handled by or at the primary transportation and/or processing facilities due to interruption of services or failure of equipment. The Contractor shall incur all costs associated with fulfilling this contingency plan.

*GENERAL INFORMATION: ANY METHOD OF DISPOSAL, AS LONG AS IT IS A D.E.C. APPROVED METHOD, FOR THE SPECIFIC TYPE MEDICAL WASTE WILL BE ACCEPTABLE.

VHA Supplemental Contract Requirements for Combatting COVID-19

a. Contractor employees who work in or travel to VHA locations must comply with the following:

Documentation requirements:

1) If fully vaccinated, contractors shall show proof of vaccination.

i. NOTE: Acceptable proof of vaccination includes a signed record of immunization from a health care provider or pharmacy, a copy of the COVID-19 Vaccination Record Card (CDC Form MLS-319813_r, published on September 3, 2020), or a copy of medical records documenting the vaccination.

2) If unvaccinated, contractors shall show negative COVID-19 test results dated within three calendar days prior to desired entry date. Test must be approved by the Food and Drug Administration (FDA) for emergency use or full approval. This includes tests available by a doctor’s order or an FDA approved over-the-counter test that includes an affiliated telehealth service.

3) Documentation cited in this section shall be digitally or physically maintained on each contractor employee while in a VA facility and is subject to inspection prior to entry to VA facilities and after entry for spot inspections by Contracting Officer Representatives (CORs) or other hospital personnel.

4) Documentation will not be collected by the VA; contractors shall, at all times, adhere to and ensure compliance with federal laws designed to protect contractor employee health information and personally identifiable information.

1. Contractor employees are subject to daily screening for COVID-19 and may be denied entry to VA facilities if they fail to pass screening protocols. As part of the screening process contractors may be asked screening questions found on the COVID-19 Screening Tool. Check regularly for updates.

a. Contractor employees who work away from VA locations, but who will have direct contact with VA patients shall self-screen utilizing the COVID-19 Screening Tool, in advance, each day that they will have direct patient contact and in accordance with their person or persons who coordinate COVID-19 workplace safety efforts at covered contractor workplaces. Contractors shall, at all times, adhere to and ensure compliance with federal laws designed to protect contractor employee health information and personally identifiable information.

2. Contractor must immediately notify their COR or Contracting Officer if contract performance is jeopardized due to contractor employees being denied entry into VA Facilities.

1. For indefinite delivery contracts: Contractor agrees to comply with VHA Supplemental Contract Requirements for any task or delivery orders issued prior to this modification when performance has already commenced.

B.3 PRICE/COST SCHEDULE

ITEM INFORMATION

REGUALTED MEDICAL WASTE REMOVAL AND DISPOSAL FOR BUFFALO AND BATAVIA VAMCS, AND OUTLYING CBOCS Contract Period: Base POP Begin: 08-01-2022 POP End: 07-31-2023 PRINCIPAL NAICS CODE: 562211 - Hazardous Waste Treatment and Disposal PRODUCT/SERVICE CODE: S222 - Housekeeping - Waste Treatment/Storage

REGULATED MEDICAL WASTE REMOVAL AND DISPOSAL FOR SYRACUSE VAMC, ROME CBOC AND BINGHAMTON CBOC

POP Begin: 08-01-2022 POP End: 07-31-2023

REGULATED MEDICAL WASTE REMOVAL AND DISPOSAL FOR BATH VAMC AND OUTLYING CBOCS.

POP Begin: 08-01-2022 POP End: 07-31-2023

REGULATED MEDICAL WASTE REMOVAL AND DISPOSAL FOR CANANDAIGUA VAMC CLINTON CROSSING, AND ROCHESTER OUTPATIENT CLINIC (ROPC)

POP Begin: 08-01-2022 POP End: 07-31-2023

REGULATED MEDICAL WASTE REMOVAL AND DISPOSAL FOR STRATTON VA AND OUTLYING CBOCS

POP Begin: 08-01-2022 POP End: 07-31-2023

LOCAL STOCK NUMBER: N/A

REGUALTED MEDICAL WASTE REMOVAL AND DISPOSAL FOR BUFFALO AND BATAVIA VAMCS, AND OUTLYING CBOCS Contract Period: Option 1 POP Begin: 08-01-2023 POP End: 07-31-2024

REGULATED MEDICAL WASTE REMOVAL AND DISPOSAL FOR SYRACUSE VAMC, ROME CBOC AND BINGHAMTON CBOC

POP Begin: 08-01-2023 POP End: 07-31-2024

REGULATED MEDICAL WASTE REMOVAL AND DISPOSAL FOR BATH VAMC AND OUTLYING CBOCS

POP Begin: 08-01-2023 POP End: 07-31-2024

REGULATED MEDICAL WASTE REMOVAL AND DISPOSAL FOR CANANDAIGUA VAMC, CLINTON CROSSING AND ROCHESTER OUTPATIENT CLINIC (ROPC)

POP Begin: 08-01-2023 POP End: 07-31-2024

REGULATED MEDICAL WASTE REMOVAL AND DISPOSAL FOR STRATTON VA AND OUTLYING CBOCS

POP Begin: 08-01-2023 POP End: 07-31-2024

REGUALTED MEDICAL WASTE REMOVAL AND DISPOSAL FOR BUFFALO AND BATAVIA VAMCS, AND OUTLYING CBOCS Contract Period: Option 2 POP Begin: 08-01-2024 POP End: 07-31-2025

REGULATED MEDICAL WASTE REMOVAL AND DISPOSAL FOR SYRACUSE VAMC, ROME CBOC AND BINGHAMTON CBOC

POP Begin: 08-01-2024 POP End: 07-31-2025

REGULATED MEDICAL WASTE REMOVAL AND DISPOSAL FOR BATH VAMC AND OUTLYING CBOCS

POP Begin: 08-01-2024 POP End: 07-31-2025

REGULATED MEDICAL WASTE REMOVAL AND DISPOSAL FOR CANANDAIGUA VAMC, CLINTON CROSSING AND ROCHESTER OUTPATIENT CLINIC (ROPC)

POP Begin: 08-01-2024 POP End: 07-31-2025

REGULATED MEDICAL WASTE REMOVAL AND DISPOSAL FOR STRATTON VA AND OUTLYING CBOCS

POP Begin: 08-01-2024 POP End: 07-31-2025

REGUALTED MEDICAL WASTE REMOVAL AND DISPOSAL FOR BUFFALO AND BATAVIA VAMCS, AND OUTLYING CBOCS Contract Period: Option 3 POP Begin: 08-01-2025 POP End: 07-31-2026

REGULATED MEDICAL WASTE REMOVAL AND DISPOSAL FOR SYRACUSE VAMC, ROME CBOC AND BINGHAMTON CBOC

POP Begin: 08-01-2025 POP End: 07-31-2026

REGULATED MEDICAL WASTE REMOVAL AND DISPOSAL FOR BATH VAMC AND OUTLYING CBOCS.

POP Begin: 08-01-2025 POP End: 07-31-2026

REGULATED MEDICAL WASTE REMOVAL AND DISPOSAL FOR CANANDAIGUA VAMC, CLINTON CROSSING AND ROCHESTER OUTPATIENT CLINIC (ROPC)

POP Begin: 08-01-2025 POP End: 07-31-2026

REGULATED MEDICAL WASTE REMOVAL AND DISPOSAL FOR STRATTON VA AND OUTLYING CBOCS

POP Begin: 08-01-2025 POP End: 07-31-2026

REGUALTED MEDICAL WASTE REMOVAL AND DISPOSAL FOR BUFFALO AND BATAVIA VAMCS, AND OUTLYING CBOCS Contract Period: Option 4 POP Begin: 08-01-2026 POP End: 07-31-2027

REGULATED MEDICAL WASTE REMOVAL AND DISPOSAL FOR SYRACUSE VAMC, ROME CBOC AND BINGHAMTON CBOC

POP Begin: 08-01-2026 POP End: 07-31-2027

REGULATED MEDICAL WASTE REMOVAL AND DISPOSAL FOR BATH VAMC AND OUTLYING CBOCS.

POP Begin: 08-01-2026 POP End: 07-31-2027

REGULATED MEDICAL WASTE REMOVAL AND DISPOSAL FOR CANANDAIGUA VAMC, CLINTON CROSSING AND ROCHESTER OUTPATIENT CLINIC (ROPC)

POP Begin: 08-01-2026 POP End: 07-31-2027

REGULATED MEDICAL WASTE REMOVAL AND DISPOSAL FOR STRATTON VA AND OUTLYING CBOCS

POP Begin: 08-01-2026 POP End: 07-31-2027

B.4 DELIVERY SCHEDULE

80,560.00

102,100.00

15,075.00

8,730.00

66,930.00

80,560.00

102,100.00

15,075.00

8,730.00

66,930.00

80,560.00

102,100.00

15,075.00

8,730.00

66,930.00

80,560.00

102,100.00

15,075.00

8,730.00

66,930.00

80,560.00

102,100.00

15,075.00

8,730.00

66,930.00

SECTION C - CONTRACT CLAUSES

C.1 52.212-4 CONTRACT TERMS AND CONDITIONS—COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES (NOV 2021)

(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. 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 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)

C.2 52.216-18 ORDERING (AUG 2020)

(a) Any supplies and services to be furnished under this contract shall be ordered by issuance of delivery orders or task orders by the individuals or activities designated in the Schedule. Such orders may be issued from August 1, 2022 through July 31, 2027.

(b) All delivery orders or task orders are subject to the terms and conditions of this contract. In the event of conflict between a delivery order or task order and this contract, the contract shall control.

(c) A delivery order or task order is considered "issued" when—

(1) If sent by mail (includes transmittal by U.S. mail or private delivery service), the Government deposits the order in the mail;

(2) If sent by fax, the Government transmits the order to the Contractor’s fax number; or

(3) If sent electronically, the Government either—

(i) Posts a copy of the delivery order or task order to a Government document access system, and notice is sent to the Contractor; or

(ii) Distributes the delivery order or task order via email to the Contractor’s email address.

(d) Orders may be issued by methods other than those enumerated in this clause only if authorized in the contract.

(End of Clause)

C.3 52.216-19 ORDER LIMITATIONS (OCT 1995)

(a) Minimum order. When the Government requires supplies or services covered by this contract in an amount of less than One (1) pickup, the Government is not obligated to purchase, nor is the Contractor obligated to furnish, those supplies or services under the contract.

(b) Maximum order. The Contractor is not obligated to honor—

(1) Any order for a single item in excess of Three (3) pickups in one day at same location;

(2) Any order for a…