36C24225Q0137.docx

ATTACHMENT 3: TAILORED 52.212-2 EVALUATION—COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES

PAGE 1 OF

1. REQUISITION NO.

2. CONTRACT NO.

3. AWARD/EFFECTIVE DATE

4. ORDER NO.

5. SOLICITATION NUMBER

6. SOLICITATION ISSUE DATE

a. NAME

b. TELEPHONE NO. (No Collect Calls)

8. OFFER DUE DATE/LOCAL

TIME

9. ISSUED BY

CODE

10. THIS ACQUISITION IS

UNRESTRICTED OR

SET ASIDE:

% FOR:

SMALL BUSINESS

HUBZONE SMALL

BUSINESS

SERVICE-DISABLED

VETERAN-OWNED

SMALL BUSINESS

WOMEN-OWNED SMALL BUSINESS

(WOSB) ELIGIBLE UNDER THE WOMEN-OWNED

SMALL BUSINESS PROGRAM

EDWOSB

8(A)

NAICS:

SIZE STANDARD:

11. DELIVERY FOR FOB DESTINA-

TION UNLESS BLOCK IS

MARKED

SEE SCHEDULE

12. DISCOUNT TERMS

13a. THIS CONTRACT IS A

RATED ORDER UNDER

DPAS (15 CFR 700)

13b. RATING

14. METHOD OF SOLICITATION

RFQ

IFB

RFP

15. DELIVER TO

CODE

16. ADMINISTERED BY

CODE

17a. CONTRACTOR/OFFEROR

CODE

FACILITY CODE

18a. PAYMENT WILL BE MADE BY

CODE

TELEPHONE NO.

UEI:

EFT:

PHONE:

FAX:

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

SEE ADDENDUM

19.

20.

21.

22.

23.

24.

ITEM NO.

SCHEDULE OF SUPPLIES/SERVICES

QUANTITY

UNIT

UNIT PRICE

AMOUNT

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

25. ACCOUNTING AND APPROPRIATION DATA

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

ARE

ARE NOT ATTACHED.

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

ARE

ARE NOT ATTACHED

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

29. AWARD OF CONTRACT: REF. ___________________________________ OFFER

COPIES TO ISSUING OFFICE. CONTRACTOR AGREES TO FURNISH AND

DATED ________________________________. YOUR OFFER ON SOLICITATION

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

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

ADDITIONAL SHEETS SUBJECT TO THE TERMS AND CONDITIONS SPECIFIED

SET FORTH HEREIN IS ACCEPTED AS TO ITEMS:

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

AUTHORIZED FOR LOCAL REPRODUCTION

(REV. NOV 2021)

PREVIOUS EDITION IS NOT USABLE

Prescribed by GSA - FAR (48 CFR) 53.212

7. FOR SOLICITATION

INFORMATION CALL:

STANDARD FORM 1449

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES

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

526-25-2-630-0007

36C24225Q0137 03-24-2025 Harris, Lisa 518-269-6103 04-04-2025 3pm

EDT

Department of Veterans Affairs Samuel S . Stratton VA Medical Center 113 Holland Avenue (2-90NCA) Albany NY 12208-3410

X

562112 $47 Million

N/A

Stratton VA Medical Center

113 Holland Avenue Albany NY 12208-3410

Department of Veterans Affairs Samuel S . Stratton VA Medical Center Network Contracting Activity 113 Holland Avenue (2-90NCA) Albany NY 12208-3410

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

See CONTINUATION Page This is a firm-fixed price requirement for Regulated Waste removal at the James J Peters VA Medical Center, Bronx NY.

Requirements are further defined in the Statement of Work

(SOW) B.2.

Contract will include a base year with the provision of four

(4) option years.

See Instructions to Offerors and Evaluation Factors sections E.1.

Service Contract Labor Standards Wage Determination applies

Request for information/Solicitation questions shall be submitted no later than Friday March 28, 2025 at 3 pm EDT to Charles.Collins@va.gov and Lisa.Harris4@va.gov

See CONTINUATION Page

Harris, Lisa Lisa.Harris4@va.gov

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 Lisa Harris

Samuel S . Stratton VA Medical Center 113 Holland Avenue (2-90NCA) Albany NY 12208-3410

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.

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

B.2 STATEMENT OF WORK (SOW)

STATEMENT OF WORK (SOW)

REGULATED MEDICAL WASTE (RMW) Removal

1. GENERAL:

James J. Peters VA Medical Center has a requirement for removal and disposal services of regulated medical waste (RMW). Contractor shall be responsible for allocating all equipment and personnel, including back-up resources, to meet all requirements for the management of the regulated medical waste at the James J. Peters VAMC. The waste services shall not only include the collection and disposal of the 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 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 facilities in properly profiling their waste and reducing the volumes of waste. 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 Medical Center and community-based outpatient clinics located in Queens, Yonkers and White Plains, NY.

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:

April 2025 – March 2026; plus four (4) 12 months Option year.

4. PLACES OF PERFORMANCE:

James J. Peters VA Medical Center 130 West Kingsbridge Road Bronx, New Yor 10468

Medical Waste Locations:

The Medical Center has on-going construction in several locations. Quantity of sharp containers needed in those area is not known at this time. Due to construction and/or movement of departments, location of sharps containers may change.

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

5. FREQUENCY OF SERVICE(s) PROVIDED:

Current Services Only:

Estimated Annual Volume:

53,908 lbs. of RMW 51,103 lbs. of Sharps

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 an updated inventory list within 2 days of request, 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) Regulated medical waste removal and disposal services

2) Waste audits

3) Training for waste stream to ensure compliance

8. REFERENCE/REQUIREMENTS: The requirements of the following agencies must be met at all times:

Applicable Publications: The contractor shall be responsible for complying with all publications, including but not limited to those identified below, in effect at the time of the proposal and all future updates:

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

· Occupational Safety and Health Administration (OSHA)

9. REGULATED MEDICAL WASTE MANAGEMENT AND DISPOSAL (RMW):

The Contractor will provide the following:

A. Fully describe the methods and procedures being proposed to perform the regulated medical waste removal services.

B. Demonstrate a full knowledge of the regulated medical waste industry.

C. Demonstrate the ability to provide the training required for these services to ensure compliance.

D. Provide evidence of the proposed types and quantities of vehicles, equipment for collection, other related equipment and personnel proposed to provide the required regulated medical waste collection and disposal services.

E. Explain how the shipping papers shall be prepared to ensure the waste is properly tracked once it is transported off site for treatment. The shipping papers are to be in compliance with the requirements for the US DOT.

F. Provide flexibility and responsible management of the services to ensure the needs of the facility are met.

G. Provide the proposed methods, procedures, personnel and equipment for entering data, producing reports, receiving and documenting customer service requests, receiving and transmitting e-mails and faxes and making copies of documents as needed.

H. Provide containers designed and dedicated solely for the collection of regulated medical waste. The only use for these containers shall be for the transportation of regulated medical waste. The contractor must describe the containers proposed. Boxes shall not be acceptable for the packaging of the biomedical waste, only carts shall be used to minimize handling by the staff at the facilities.

I. 2 – 17 gallon red containers that are closeable, puncture resistant, leakproof on the sides and bottom affixed with the appropriate warning labels.

J. Wall mounted containers that can accommodate 2-1/4” vertical/direct drop openings and horizontal openings.

K. 2-gallon red containers to have approximate measurements of 15.1” x 4.73” x 12.5”.

L. 4-gallon red containers to have approximate measurements of 21.25” x 6.81” x 12.25”.

M. 17-gallon red containers to have approximate measurements of 24.75” x 17.5” x 13.25”.

N. Containers to have a viewing top or viewing window measuring at least two inches by three inches to allow viewing of the level of sharps inside the container.

O. Wall mounted containers must be separate from the wall mounting cabinet and be contained within the separate mounting cabinet.

P. Outer cabinet must incorporate a key locking system to ensure that container is not removed by unauthorized personnel.

Q. 40 keys to be supplied to the Chief of Environmental Management Service in the event wall mounted containers need removal prior to scheduled pick up.

R. 20 additional wall mounted containers will be provided in the event an existing container requires removal prior to the scheduled pick up.

S. Sharps containers used on countertops must include a stability base to meet regulatory requirements.

T. Provide leak and puncture proof reusable red containers with lids that can be secured for transportation of the regulated medical waste.

U. Provide labeling on all containers of regulated waste with the following information at a minimum:

a. Name of transporter or immediate handler.

b. “Regulated Medical Waste”

c. UN3291

d. Bar-coded labels identifying the generator

Regulated medical waste 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

The containers must be designed so it can be easily and safely handled by the VA staff. It should also be designed so that it can be easily secured and transported within the facility by the VA staff. The size of the red container must be in the range of 30 to 200 gallons and must be preapproved by the Chief of EMS. Pictures and specifications of containers must be submitted with quote. The Contractor must ensure that containers being delivered to the sites are sanitized and disinfected. Sanitation shall be accomplished by washing at 180 degrees Fahrenheit or higher with a bleach-based solution approved prior to award.

Full containers shall be removed from the designated storage area at each using area 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 Chief of Environmental Management Service along with the COR. Scheduled arrangements shall be made in the best interest of the VA to ensure ample dock space is available. Pick up sites and required pick-up schedules are identified during the site visit. If identified items are not picked up as scheduled, verbal and written communication is required with the COR stating why they could not pick up, provide corrective action and a new schedule within 24 hours. Corrective actions require Chief of Environmental Management Service and COR approval prior to proceeding.

Note: Scheduled pickup and delivery schedules are subject to change upon agreement by the Chief of Environmental Management Service along with the COR and the Contractor.

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. Regulated medical waste shall not be combined with other wastes, such as solid waste or recyclables. Regulated medical waste 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 regulated medical waste. Permits of the facilities shall be provided as part of the contractor’s proposal.

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.

The contractor shall furnish, sign, and date a properly prepared manifest prior to removing the regulated medical waste from the facility. The VA designated 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 has been removed. No ticket or manifest shall be accepted as valid if not signed by the COR or designee. The contractor shall deliver the waste to an authorized disposal facility. The disposal facility shall sign the manifest to verify that the regulated medical waste has been delivered and accepted. The contractor shall maintain a copy of the manifest for a minimum of 3 years and shall return a copy of the manifest to the generator, assuring final disposal. All manifests are to include number of containers picked up by size and poundage, location, dates for pickup, destruction certification, manifest number and all required signatures.

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

Contractor shall maintain a log of regulated medical waste shipments. The log shall identify the quantities of regulated medical waste shipped.

Performance monitoring will be conducted by the COR of any discrepancies or deviations for the requirements of the Statement of Work.

10. 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, regulated medical waste generation by type and location, and training records for employees. All training records shall be sent electronically to the Chief of Environmental Management Service and the COR.

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 shall provide training for three shifts to include initial training, learning material and certificate of completion for Environmental Management Service personnel on any new procedures relative to the handling/processing of regulated medical waste. This shall be scheduled (if necessary) by the COR after awarding of the contract. Cost for these services shall be provided at no additional cost to the VA and limited to once annually.

The Contractor provides a monthly tracking reporting system that shall allow for the James J. Peters VAMC to track all regulated medical waste 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- regulated medical waste, sharps wastes, and plastic diversion. The report shall also provide recycling factoids for sharps (ie. Pounds and diversion rates). 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.

11. TRAINING REQUIREMENTS

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 training plan shall demonstrate a good working knowledge of the US 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 regulated medical waste. The contractor must be able to provide, at a minimum, the following training:

- US DOT

- HAZMAT Familiarization

- Function Specific

- Shipping Papers

- Proper Packaging

- Safety

- Security Awareness/In-Depth Security

- OSHA Bloodborne Pathogens Standard

- Waste Minimization

- Universal Waste

12. SPECIAL CONTRACT REQUIREMENTS

a. QUALIFICATIONS:

The Contractor shall:

1. Demonstrated at least three years experience servicing at least three similar size hospitals by submitting a list of references including telephone numbers, addresses, and contact names.

2. 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: regulated medical waste disposal services and reusable sharps container exchange services.

3. 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. Demonstrate their capacity to handle the needs of the James J. Peters VA Medical Center. Site visit is required before it is awarded, in order for the vendor to understand the job.

5. Have in place and maintain a satisfactory contingency plan to meet the 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. 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 relative to transport, storage, and/or disposal of regulated medical waste 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. 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 contract. Training shall not hamper the quantity, quality, or timeliness of work requirements of the contract.

5. The contractor shall ensure that all employees understand the risks involved with regulated medical waste and are trained in specific procedures to handle spills on the VAMC premises, and in route to a treatment facility.

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

Contractor employees may be subject to screening for COVID-19 and may be denied entry to the facility if they fail to pass screening protocols. Contractor must immediately notify the COR if contract performance is jeopardized due to contractor employees being denied entry into the facility.

13. 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.

14. 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. 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. Contractor shall also be responsible for all materials delivered and work per-formed until completion and acceptance of the entire work.

15. 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 regulated medical waste. 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.

16. 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. It is important that the biomedical waste be collected every 28 days, and the “incinerate only” waste is properly handled. The communication shall be very important to ensure compliance. The Contractor shall provide the COR, CO and Chief of Environmental Management Service a formal letter stating key staff with name and contact information.

17. 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. The assigned project manager 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.

18. 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.

19. 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.

20. 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.

21. 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 Juneteenth Independence Day Labor Day Columbus Day Veteran’s Day Thanksgiving Christmas Day

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

B.3 PRICE/COST SCHEDULE

ITEM INFORMATION

WALL MOUNTED (425 CONTAINERS)

Contract Period: Base POP Begin: 04-18-2025 POP End: 03-31-2026

55 GALLON DRUM (5 CONTAINERS)

17 GALLON FLOOR (62 CONTAINERS)

10 GALLON FLOOR MODEL (88 CONTAINERS)

200 GALLON FLOOR (15 CONTAINERS)

8 GALLON FLOOR MODEL (37 CONTAINERS)

WALL MOUNTED (425 CONTAINERS)

Contract Period: Option 1 POP Begin: 04-01-2026 POP End: 03-31-2027

55 GALLON DRUM (5 CONTAINERS)

17 GALLON FLOOR (62 CONTAINERS)

10 GALLON FLOOR MODEL (88 CONTAINERS)

200 GALLON FLOOR (15 CONTAINERS)

8 GALLON FLOOR MODEL (37 CONTAINERS)

WALL MOUNTED (425 CONTAINERS)

Contract Period: Option 2 POP Begin: 04-01-2027 POP End: 03-31-2028

55 GALLON DRUM (5 CONTAINERS)

17 GALLON FLOOR (62 CONTAINERS)

10 GALLON FLOOR MODEL (88 CONTAINERS)

200 GALLON FLOOR (15 CONTAINERS)

8 GALLON FLOOR MODEL (37 CONTAINERS)

WALL MOUNTED (425 CONTAINERS)

Contract Period: Option 3 POP Begin: 04-01-2028 POP End: 03-31-2029

55 GALLON DRUM (5 CONTAINERS)

17 GALLON FLOOR (62 CONTAINERS)

10 GALLON FLOOR MODEL (88 CONTAINERS)

200 GALLON FLOOR (15 CONTAINERS)

8 GALLON FLOOR MODEL (37 CONTAINERS)

WALL MOUNTED (425 CONTAINERS)

Contract Period: Option 4 POP Begin: 04-01-2029 POP End: 03-31-2030

55 GALLON DRUM (5 CONTAINERS)

17 GALLON FLOOR (62 CONTAINERS)

10 GALLON FLOOR MODEL (88 CONTAINERS)

200 GALLON FLOOR (15 CONTAINERS)

8 GALLON FLOOR MODEL (37 CONTAINERS)

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SECTION C - CONTRACT CLAUSES

C.1 52.212-4 CONTRACT TERMS AND CONDITIONS—COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES (NOV 2023)

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

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

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

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

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

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

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

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

(g) Invoice.

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

(i) Name and address of the Contractor;

(ii) Invoice date and number;

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

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

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

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

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

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

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

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

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

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

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

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

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

(i) Payment.—

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

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

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

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

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

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

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

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

(C) Affected line item or subline item, if applicable; and

(D) Contractor point of contact.

(ii) Provide a copy of the remittance and supporting documentation to the Contracting Officer.

(6) Interest.

(i) All amounts that become payable by the Contractor to the Government under this contract shall bear simple interest from the date due until paid unless paid within 30 days of becoming due. The interest rate shall be the interest rate established by the Secretary of the Treasury as provided in 41 U.S.C. 7109, which is applicable to the period in which the amount becomes due, as provided in (i)(6)(v) of this clause, and then at the rate applicable for each six-month period as fixed by the Secretary until the amount is paid.

(ii) The Government may issue a demand for payment to the Contractor upon finding a debt is due under the contract.

(iii) Final decisions. The Contracting Officer will issue a final decision as required by 33.211 if—

(A) The Contracting Officer and the Contractor are unable to reach agreement on the existence or amount of a debt within 30 days;

(B) The Contractor fails to liquidate a debt previously demanded by the Contracting Officer within the timeline specified in the demand for payment unless the amounts were not repaid because the Contractor has requested an installment payment agreement; or

(C) The Contractor requests a deferment of collection on a debt previously demanded by the Contracting Officer (see 32.607-2).

(iv) If a demand for payment was previously issued for the debt, the demand for payment included in the final decision shall identify the same due date as the original demand for payment.

(v) Amounts shall be due at the earliest of the following dates:

(A) The date fixed under this contract.

(B) The date of the first written demand for payment, including any demand for payment resulting from a default termination.

(vi) The interest charge shall be computed for the actual number of calendar days involved beginning on the due date and ending on—

(A) The date on which the designated office receives payment from the Contractor;

(B) The date of issuance of a Government check to the Contractor from which an amount otherwise payable has been withheld as a credit against the contract debt; or

(C) The date on which an amount withheld and applied to the contract debt would otherwise have become payable to the Contractor.

(vii) The interest charge made under this clause may be reduced under the procedures prescribed in FAR 32.608-2 in effect on the date of this contract.

(j) Risk of loss. Unless the contract specifically provides otherwise, risk of loss or damage to the supplies provided under this contract shall remain with the Contractor until, and shall pass to the Government upon:

(1) Delivery of the supplies to a carrier, if transportation is f.o.b. origin; or

(2) Delivery of the supplies to the Government at the destination specified in the contract, if transportation is f.o.b. destination.

(k) Taxes. The contract price includes all applicable Federal, State, and local taxes and duties.

(l) Termination…