36C24424Q0272.docx

36C24424Q0272

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

36C24424Q0272 01-22-2024 Lev Stowe 304-9291 02- -2024 16:00

EST

36C244 Department of Veterans Affairs Network Contracting Office 4 Services 5 1700 S. Lincoln Ave.

Lebanon PA 17042 Lev Stowe | Lev.Stowe@va.gov (717)304-9291 X X 562111 $47 Million N/A X Department of Veterans Affairs Veterans Health Administration Veterans Integrated Service Network - 4

(VISN-4)

36C244 Department of Veterans Affairs Network Contracting Office 4 Services 5 1700 S. Lincoln Ave.

Lebanon PA 17042

Refer to VAAR: 852.232-72 (Electronic Submission of Payment Req) https://www.fsc.va.gov/einvoice.asp

(877) 353-9791

(512) 460-5429 See CONTINUATION Page Subject: Municipal Solid Waste (MSW) Services for the Veterans Integrated Service Network - 4 (VISN-4) This is a Request For Quote (RFQ). A 3-Year, Firm-Fixed Price ID/IQ contract will result from this solicitation.

All quotes shall be submitted to Lev.Stowe@va.gov, NLT the date and time identified in "Block 8", above.

All applicable SCA Wage Determinations are included in as attachments in "Section D", for reference.

The Contractor shall be responsible for the correct title classification of workers and compliance with all applicable wage and hour laws associated with this location of Service.

Refer to https://beta.sam.gov/ for SCA WD.

See CONTINUATION Page X X X Lev Stowe Contracting Officer

Table of Contents

Page 1 of

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 36C244 Department of Veterans Affairs Network Contracting Office 4 Services 5 1700 S. Lincoln Ave.

Lebanon PA 17042

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.

Refer to VAAR: 852.232-72 (Electronic Submission of Payment Req) https://www.fsc.va.gov/einvoice.asp

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

1. SCOPE

1.1 General Information: The VA’s VISN04 is contracting for a monthly Firm-Fixed-Price (FFP) 3-year Indefinite-Delivery, Indefinite-Quantity (ID/IQ) contract for complete Municipal Solid Waste (MSW) services to include the identification, segregation, collection, handling, transport, storage, reduction, diversion, treatment, and disposal of solid waste for all VISN-4 Medical Centers and associated Community-Based Outpatient Clinics (CBOC).

1.1.1 The Contractor shall comply with all applicable VA, Federal, State, and Local directives, standards, ordinances, laws, and regulations throughout the course of the contract.

1.1.2 The Contractor shall provide complete services which include all labor, material, equipment, maintenance, repairs, supplies, transportation, management, expertise, and supervision as requested to perform complete MSW services for all VISN-4 Medical Centers and associated Community-Based Outpatient Clinics (CBOC).

1.1.2.1 A Facilities Primary Point of Contact (FPOC), when applicable, will be identified for each participating medical center and task order.

1.1.2.2 A VISN04 Contracting Officer Representative (VCOR) will be appointed for the IDC as identified.

1.1.2.3 A VISN04 Subject Matter Expert (SME) will be appointed for the IDC as identified.

1.1.2.4 Facility historical data will be provided and included as an attachment for each medical center.

1.1.2.5 Contractor shall remove all equipment within 5 business days after notification of the expiration of the terms of this contract.

1.2 Period of Performance:

1.2.1 April 1, 2024, through March 31, 2027.

1.2.2 Place of Performance. The table below provides addresses for the nine (9) VAMC in VISN04.

VISN 04 Medical Centers

2. APPLICABLE DOCUMENTS:

2.1 Waste and recycle pick-up and container requirements are identified in Attachment-1.

3. ACRONYMS AND DEFINITIONS:

3.1 The acronyms defined and listed below are used in this contract and outlined for reference in this contract for benefit of contractor and government employees using this contract.

CBOC - Community-Based Outpatient Clinic CLIN – Contract Line-Item Number CO – Contracting Officer DOT – Department of Transportation EPA – Environmental Protection Agency FPOC – Facility Point of Contact GEMS – Green Environmental Management System IDC – Indefinite Delivery Contract MSW – Municipal Solid Waste QASP – Quality Assurance Surveillance Plan SME – Subject Matter Expert SOW – Scope of Work VA – Department of Veterans Affairs VAMC – VA Medical Center VCOR – VISN04 Contracting Officer Representative VHA – Veteran’s Health Administration VISN04 – Veterans Integrated Service Network – 04

3.2 Definitions: The Following are definitions for industry vernacular words or phrases used throughout this SOW.

3.2.1 Corrective Action Plan: A written document developed by the Contractor in collaboration with, and approved by the Contracting Officer that specifies how the contractor will address each item identified as out-of-compliance.

3.2.2 Federal Holiday: Federal law (5 U.S.C. 6103) establishes the public holidays listed below for Federal employees. Please note that most Federal employees work on a Monday through Friday schedule. For these employees, when a holiday falls on a non-workday, Saturday or Sunday, the holiday usually is observed on Monday (if the holiday falls on Sunday) or Friday (if the holiday falls on Saturday).

New Year's Day (January 1) Birthday of Martin Luther King, Jr. (Third Monday in January) Washington's Birthday (Third Monday in February) Memorial Day (Last Monday in May) Juneteenth National Independence Day (June 19) Independence Day (July 4) Labor Day (First Monday in September) Columbus Day (Second Monday in October) Veterans Day (November 11) Thanksgiving Day (Fourth Thursday in November) Christmas Day (December 25)

3.2.3 EMS Service Chief: An employee of the U.S. Government to assist with contract administration at the facility level and to liaison between Contractor, CO, and VCOR. This individual is a subject matter expert and has authority to provide direction to Contractor within scope of the contract. This individual does not have authority to change the terms and conditions of the contract.

3.2.4 Municipal Solid Waste (MSW): For purpose of this contract, Municipal Solid Waste (MSW) shall be defined according to Title 40 of the Code of Federal Regulations (CFR) parts 239 through 259.

3.2.5 Quality Assurance: The Government procedures to verify provided Contractor services are performed according to acceptable standards.

3.2.6 Quality Control: All measures taken by Contractor to assure the quality of services provided meets contract requirements.

3.2.7 QASP: A written document specifying the methodology to be used to surveil Contractor performance.

3.2.8 VCOR: An employee of the U.S. Government appointed by the CO to administer the contract. Such appointment must be in writing and must state the VCOR’s scope of authority and limitations. This individual has authority to provide direction to Contractor if within scope of the contract, does not constitute and change to the contract, and has no funding implications. This individual does not have authority to change the terms and conditions of the contract.

4. REQUIREMENTS

4.1 General Requirements:

4.1.1 MSW Disposal: The Contractor shall identify, handle, collect, segregate, transport, store, reduce, diverge, treat, and dispose of solid waste for all VISN-4 Medical Centers and associated Community-Based Outpatient Clinics (CBOC). All MSW shall be disposed of at a properly licensed Municipal Solid Waste Landfill. These services shall be performed on a regular monthly (or sooner) schedule in accordance with all terms of this contract.

4.2 Technical Objectives and Goals:

4.2.1 Contract Management: The Contractor or designated qualified personnel, such as a Project Manager or Supervisor and any substitute(s), shall effectively communicate with all VA personnel and shall have full authority to act for the Contractor on all contractual matters relating to the daily performance of the contract; and, to receive, accept and sign for any notices, inspection reports and all other correspondence on behalf of the Contractor from the FPOC, VCOR and/or Contracting Officer.

4.2.1.1 This individual shall serve as the point of contact for the VA, shall oversee the collection operations, ensure all work is performed in accordance with the contract, and shall maintain the work specification requirements, scheduling, inspections, and safety standards.

4.2.1.1.1 This individual or designated qualified personnel shall be available at all times when the contract work is in progress, if needed, and shall have the ability to respond to the site, when needed, to monitor work progress and for any other emergency, as required.

4.2.1.2 The Contractor or designated qualified personnel shall return calls to the FPOC, VCOR and/or Contracting Officer within four (4) normal business hours of being contacted. This individual shall provide the government his or her cellular phone number to be reached during normal workday hours (Monday – Friday, 9:00AM - 5:00PM, excluding federal holidays).

4.2.1.3 The resume of the individual(s) shall be submitted with the Contractor’s response to the solicitation.

4.2.2 Contractor Quality Assurance: The Contractor shall comply with FAR Clause 52.246-4 (Inspection of Services-Fixed-Price).

4.2.2.1 The Contractor shall develop and maintain a quality program of unsure, refused, and recycling services that are performed in accordance with commonly accepted commercial practices.

4.2.2.2 The Contractor shall develop and implement procedures to identify, prevent, and ensure non-recurrence of defective services.

4.2.2.3 The Contractor’s designated personnel, FPOCs/POCs, VCORs, and the Contracting Officer shall be informed of all issues affecting the quality of service to include proposed resolution.

4.2.3 Contingency Plan: The Contractor shall provide for acceptance a disaster or contingency plan regarding MSW services/operations for each medical center and associated outpatient clinics (CBOC’s) during unplanned natural or man-made disaster conditions.

4.2.3.1 The Contractor shall repair and/or compensate for any damage incurred to Government property, surrounding equipment, personal belongings, or property during the course of contract execution.

4.2.3.2 The Contractor shall inform the FPOC/SME/VCOR immediately of any hazardous materials (EPA or DOT listed) found in MSW that would impact the performance of this contract and to ensure hazardous materials are not disposed of improperly.

4.2.3.2.1 In the event any hazardous material is found, coordination may be required between the Contractor and any other contractors involved in a VISN-wide hazardous waste disposal contract.

4.2.3.3 The Contractor shall be responsible for any violations or fines that are related to the services in this contract.

4.2.3.4 The Contractor shall provide a back-up source of disposal, at no additional charge to the government, within 24 hours notification from the FPOC/SME/VCOR, in the event primary source of disposal is not accessible.

4.2.3.5 Contractor employees working on VA property shall be familiar with and obey established fire, safety, environmental and security regulations. Contractor employees shall wear a distinctive uniform at all times and have their company identification badge visible on the exterior of their clothing between the level of their shoulders and waist. The contractor shall ensure employees look neat and wear applicable safety equipment/clothing.

4.3 Specific Requirements:

4.3.1 Diversion Program: The Contractor shall provide for acceptance a Diversion Program customized for each medical center and associated outpatient clinics (CBOC’s) that will work to improve the facilities diversion rate and support the local Green Environmental Management System (GEMS) programs by improving techniques, methods, and researching new markets for items not currently recycled to maximize recycling.

4.3.1.1 In coordination with the FPOC/SME/VCOR, Contractor shall provide tools and training to include recycling procedures or waste minimization.

4.3.1.2 At a minimum, the Contractor shall possess the ability to ensure the collection and recycling of the materials listed under the Regulatory Exclusions and Alternative Standards for the Recycling of Materials, Solid Wastes and Hazardous Wastes as defined under Subtitle C of the Resource Conservation and Recovery Act (RCRA). This includes but is not limited to: Wood Pallets, Cardboard (loose and baled), Office Mixed Paper (paper, books/magazines), Batteries (all types: alkaline, lithium, lead-acid, etc.), Scrap Metals (ferrous and non-ferrous), Precious Metals (platinum tips, etc.), Fluorescent Lamps/Ballasts, Plastics (all types: bottles, wrapping, bags, polyethylene drums, etc.), Glass (clear or colored bottles), Used Tires; or Blue Wrap, Construction and Demolition Debris.

4.3.1.3 The Contractor shall submit waste generation and recycling reports to FPOC/SME/VCOR by the end of each calendar month from the previous month.

4.3.2 Containers, Dumpsters, Compactors, Totes: The Contractor shall furnish and maintain the requested amount of refuse and recycling containers, dumpsters, compactors, and totes as identified as necessary by each FPOC.

4.3.2.1 The Contractor shall provide for the removal, replacement, or addition of containers, dumpsters, compactors, and totes and modification of pick-up frequency to accommodate each facility’s needs.

4.3.2.2 Contractor provided containers, dumpsters, compactors, and totes shall be fully enclosed, rat proof, leak proof, and fire retardant.

4.3.2.3 Contractor provided containers, dumpsters, compactors, and totes shall be kept neat in appearance, repaired, and painted when warranted (free of rust spots, stains, excessively chipped areas) or at the request of the FPOC/SME/VCOR, and replaced immediately if broken or non-functional.

4.3.3 Transportation:

4.3.3.1 The Contractor shall acquire and maintain all Federal, State, and local certifications, permits, licenses and registrations required to handle or transport MSW.

4.3.3.2 The Contractor is solely responsible for any and all spills or leaks during the performance of the contract. The contractor shall clean-up and disinfect spills and/or leaks to the satisfaction of the Government in a manner which satisfies the applicable state, federal and local laws, and regulations, at no additional cost to the Government.

4.3.4 Disposal: The Contractor shall dispose of MSW in compliance with all applicable Federal, State and Local directives, standards, ordinances, laws, and regulations.

4.3.4.1 The Contractor shall acquire and maintain all applicable federal, state, and local certifications, permits, licenses and registrations required to process and dispose of MSW.

4.3.4.2 The Contracting Officer and/or VCOR may inspect the Contractor’s facility for compliance.

4.3.5 Schedule: The FPOC/SME/VCOR will establish in coordination with Contractor regularly scheduled pick-up times prior to start of service. The FPOC/SME/VCOR shall be notified in advance of any schedule deviations and determine an alternate pick-up time. Changes to the regularly scheduled pick-up times shall be coordinated with and approved by the FPOC/SME/VCOR. (See Attachment #1 for tentative requirements, pickup schedule and Periods of Performance)

4.3.5.1 If a federal holiday has the potential to disrupt scheduled pick-ups, an alternate pick-up time may be scheduled in coordination with and approval by the FPOC/SME/VCOR.

4.3.5.2 The Contractor shall return refuse and recycling containers to their designated position at the facility or as recommended by the Facility COR/POC with lids and doors replaced in the closed position.

4.3.5.2.1 If a refuse or recycling container/dumpster is improperly placed in such a manner that it disrupts other facility functions (ex. loading bays, parking lots, sidewalks) the Contractor shall return immediately upon notice to properly adjust the container/dumpster. Placement of a container/dumpster that causes a significant issue for facility operation may result in a Corrective Action Plan and negative CPARS rating at the discretion of the VCOR/CO.

4.3.5.3 The Contractor shall maintain a clean and sanitary condition, free of debris, at all container locations.

4.3.5.4 The Contractor shall reschedule with the FPOC and complete missed pick-ups within 24 hours.

4.3.6 Maintenance: All pieces of equipment including waste compactor and containers shall be maintain in excellent condition and are subject to inspection.

4.3.6.1 The inspections will include, but are not limited to, examination of hinges, wheels, axles, latches, turn buckets, hoses, connectors, exterior wiring, scrapper bars, control panels, stops, and guide rails.

4.3.6.2 For VA owned containers: A report and recommended repairs shall be provided to the FPOC/SME within 72 hours of the inspection. The government shall be responsible of repairs costs of VA owned equipment.

4.3.6.2.1 Contractor shall clean, sanitize, and deodorize all Contractor and VA owned containers at an offsite location on a monthly basis unless otherwise identified by the FPOC/SME/VCOR.

4.3.7 Qualifications:

4.3.7.1 Permits, Licenses, Registrations and Certifications: Contractor shall provide annually a current copy of all federal, state, and local certifications, permits, licenses, insurance, and registrations prior to contract award.

4.3.7.2 Insurance Coverage: The Contractor shall furnish a copy of the insurance policies required by federal, state, and local regulation to perform this contract. These policies may not be changed or canceled without written consent of the contracting officer.

4.3.7.3 Violations: Contractor shall notify the FPOC/SME/VCOR, VCOR and Contracting Officer in writing any imposed violations while performing this contract within one (1) business day of issuance.

4.3.7.4 Renewals: A copy of each applicable federal, state, and local certifications, permits, licenses, registrations, and applicable insurance renewals shall be delivered to FPOC/SME/VCOR and Contracting Officer five (5) business days prior to the current expiration date. Contractor will not perform nor invoice for services performed without current certifications, permits, licenses, registrations, and insurance coverage.

4.3.8 Documentation And Invoicing:

4.3.8.1 The Contractor shall provide each FPOC with an electronic (clear and legible) monthly invoice and report to include at a minimum:

· Contractor Name, address, phone number

· Contractor invoicing contact, phone, and email address

· Invoice number and date

· Purchase order number coving the invoiced dates of service

· Dates of Service

· Monthly Amount

· Monthly weights in pounds for container pickups, front end loader pickups, each compactor, and recycling/comingled by campus.

· Container Truck Pickups quantity

· Front End Loader Pickups quantity

· Disposal locations

4.3.9 Government Responsibilities:

4.3.9.1 The Government will provide access to areas and an escort when required by local medical center policy.

4.3.9.2 The Government will provide applicable VA Polices, Handbooks, Guides, Regulations and Medical Center Memorandums

4.3.9.3 The Government will unilaterally award Task Orders to fund the required services for each facility.

B.2 PRICE/COST SCHEDULE

This is an Indefinite-Delivery Contract. Accordingly, all quantities are estimates and funds are not obligated on this Contract at award; rather, funds are obligated via Task Orders issued against this Contract. The Minimum Value will be obligated through a Task Order upon award. Notwithstanding the $0 award amount, the value of all Task Orders that may be placed against this Contract during its 3-year period is estimated to be:

Minimum Value: TBD (The Minimum Value will be equal to the price of the Year-1 contract period Task Order)

Maximum Value: TBD (The Maximum Value will be based on the price of the total contract value, i.e., the combined amount of all CLINS across all contract periods)

NOTE: All funds are subject to the availability of funds per clause 53.232-19.

This is not an option year contract. The Period of Performance (POP) for this contract is 4/1/2024 through 3/31/2027.

All quantities and totals identified in Attachment-2 are estimates based on historic data for all locations. This data is provided to assist with determining the Unit Price of each Line-Item based on volume.

Any changes to containers (quantity and size), frequency of pick-ups, or locations for pick-up will be established through a contract modification. Current pick-up locations are identified in Attachment-1, but future contract modifications may include additional pick-up sites as identified in Attachment-3.

The contractor will be paid only for actual work performed and accepted by the Government.

ITEM INFORMATION

The Contractor shall provide Municipal Solid Waste Disposal Services for the Altoona VA Medical Center IAW the SOW and Attachment 1.

Contract Period: Year-1 POP Begin: 04-01-2024 POP End: 03-31-2025

The Contractor shall provide Municipal Solid Waste Disposal Services for the Butler VA Medical Center IAW the SOW and Attachment 1.

The Contractor shall provide Municipal Solid Waste Disposal Services for the Coatesville VA Medical Center IAW the SOW and Attachment 1.

The Contractor shall provide Municipal Solid Waste Disposal Services for the Erie VA Medical Center IAW the SOW and Attachment 1.

The Contractor shall provide Municipal Solid Waste Disposal Services for the Lebanon VA Medical Center IAW the SOW and Attachment 1.

The Contractor shall provide Municipal Solid Waste Disposal Services for the VA Philadelphia Healthcare System IAW the SOW and Attachment 1.

The Contractor shall provide Municipal Solid Waste Disposal Services for the VA Pittsburgh Healthcare System IAW the SOW and Attachment 1.

The Contractor shall provide Municipal Solid Waste Disposal Services for the Wilkes-Barre VA Medical Center IAW the SOW and Attachment 1.

The Contractor shall provide Municipal Solid Waste Disposal Services for the Wilmington VA Medical Center IAW the SOW and Attachment 1.

The Contractor shall provide Municipal Solid Waste Disposal Services for the Altoona VA Medical Center IAW the SOW and Attachment 1.

Contract Period: Year-2 POP Begin: 04-01-2025 POP End: 03-31-2026

The Contractor shall provide Municipal Solid Waste Disposal Services for the Butler VA Medical Center IAW the SOW and Attachment 1.

The Contractor shall provide Municipal Solid Waste Disposal Services for the Coatesville VA Medical Center IAW the SOW and Attachment 1.

The Contractor shall provide Municipal Solid Waste Disposal Services for the Erie VA Medical Center IAW the SOW and Attachment 1.

The Contractor shall provide Municipal Solid Waste Disposal Services for the Lebanon VA Medical Center IAW the SOW and Attachment 1.

The Contractor shall provide Municipal Solid Waste Disposal Services for the VA Philadelphia Healthcare System IAW the SOW and Attachment 1.

The Contractor shall provide Municipal Solid Waste Disposal Services for the VA Pittsburgh Healthcare System IAW the SOW and Attachment 1.

The Contractor shall provide Municipal Solid Waste Disposal Services for the Wilkes-Barre VA Medical Center IAW the SOW and Attachment 1.

The Contractor shall provide Municipal Solid Waste Disposal Services for the Wilmington VA Medical Center IAW the SOW and Attachment 1.

The Contractor shall provide Municipal Solid Waste Disposal Services for the Altoona VA Medical Center IAW the SOW and Attachment 1.

Contract Period: Year-3 POP Begin: 04-01-2026 POP End: 03-31-2027

The Contractor shall provide Municipal Solid Waste Disposal Services for the Butler VA Medical Center IAW the SOW and Attachment 1.

The Contractor shall provide Municipal Solid Waste Disposal Services for the Coatesville VA Medical Center IAW the SOW and Attachment 1.

The Contractor shall provide Municipal Solid Waste Disposal Services for the Erie VA Medical Center IAW the SOW and Attachment 1.

The Contractor shall provide Municipal Solid Waste Disposal Services for the Lebanon VA Medical Center IAW the SOW and Attachment 1.

The Contractor shall provide Municipal Solid Waste Disposal Services for the VA Philadelphia Healthcare System IAW the SOW and Attachment 1.

The Contractor shall provide Municipal Solid Waste Disposal Services for the VA Pittsburgh Healthcare System IAW the SOW and Attachment 1.

The Contractor shall provide Municipal Solid Waste Disposal Services for the Wilkes-Barre VA Medical Center IAW the SOW and Attachment 1.

The Contractor shall provide Municipal Solid Waste Disposal Services for the Wilmington VA Medical Center IAW the SOW and Attachment 1.

B.3 DELIVERY SCHEDULE

Refer to Attachment-1 for site locations and frequency of pick-ups.

Refer to Attachment-3 for site addresses.

CUI / SOURCE SELECTION SENSITIVE – SEE FAR 2.101 and 3.104

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 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; 49 U.S.C. 40118, Fly American; and 41 U.S.C. chapter 21 relating to procurement integrity.

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

(1) The schedule of supplies/services.

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

(3) The clause at 52.212-5.

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

(5) Solicitation provisions if this is a solicitation.

(6) Other paragraphs of this clause.

(7) The Standard Form 1449.

(8) Other documents, exhibits, and attachments

(9) The specification.

(t) [Reserved]

(u) Unauthorized Obligations.

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

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

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

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

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

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

(End of Clause) ADDENDUM to FAR 52.212-4 CONTRACT TERMS AND CONDITIONS—COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES Clauses that are incorporated by reference (by Citation Number, Title, and Date), have the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available.

The following clauses are incorporated into 52.212-4 as an addendum to this contract:

C.2 52.204-21 BASIC SAFEGUARDING OF COVERED CONTRACTOR INFORMATION SYSTEMS (NOV 2021)

(a) Definitions. As used in this clause— Covered contractor information system means an information system that is owned or operated by a contractor that processes, stores, or transmits Federal contract information.

Federal contract information means information, not intended for public release, that is provided by or generated for the Government under a contract to develop or deliver a product or service to the Government, but not including information provided by the Government to the public (such as on public Web sites) or simple transactional information, such as necessary to process payments.

Information means any communication or representation of knowledge such as facts, data, or opinions, in any medium or form, including textual, numerical, graphic, cartographic, narrative, or audiovisual (Committee on National Security Systems Instruction (CNSSI) 4009).

Information system means a discrete set of information resources organized for the collection, processing, maintenance, use, sharing, dissemination, or disposition of information (44 U.S.C. 3502).

Safeguarding means measures or controls that are prescribed to protect information systems.

(b) Safeguarding requirements and procedures. (1) The Contractor shall apply the following basic safeguarding requirements and procedures to protect covered contractor information systems. Requirements and procedures for basic safeguarding of covered contractor information systems shall include, at a minimum, the following security controls:

(i) Limit information system access to authorized users, processes acting on behalf of authorized users, or devices (including other information systems).

(ii) Limit information system access to the types of transactions and functions that authorized users are permitted to execute.

(iii) Verify and control/limit connections to and use of external information systems.

(iv) Control information posted or processed on publicly accessible information systems.

(v) Identify information system users, processes acting on behalf of users, or devices.

(vi) Authenticate (or verify) the identities of those users, processes, or…