About this file

This document is a solicitation (Solicitation Number 36C24524Q0705) issued by the Department of Veterans Affairs Veterans Health Administration for comprehensive waste management services at the Beckley Veterans Affairs Medical Center in Beckley, West Virginia.

The key requirements include providing one cardboard compactor, one 30-yard self-contained trash compactor, and one 30-yard open top construction dumpster for the disposal of garbage, construction debris, and recyclable cardboard. The contractor will be responsible for the collection, transportation, and disposal of the waste at a West Virginia approved landfill. The contract has a base period of 10/01/2024 to 9/30/2025 with four one-year option periods. The solicitation is set aside for Service-Disabled Veteran-Owned Small Businesses. Offers are due by 08/16/2024 at 3:00 PM EDT. The solicitation provides detailed instructions to offerors and evaluation criteria for award.

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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

517-25-1-6059-0002

36C24524Q0705

Mark Smith 410-642-2411 08-16-2024 3pm EDT

Department of Veterans Affairs VA Maryland Health Care System Contracting Officer (90C) P.O. Box 1000, Bldg. 101, Room 26 Perry Point MD 21902

X 100

X

562111

$47 Million

N/A

X

Contracting Officer (90C)

Contracting Officer (90C) P.O. Box 1000, Bldg. 101C Room 3

PAYMENT WILL BE MADE BY

FSC e-Invoice Payment Invoice must be submitted electronically http://www.fsc.va.gov/einvoice.asp Invoice Setup Information 1-877-489-6135

See CONTINUATION Page

Contractor will provide trash/waste services in accordance with the statement of work.

See section E for instructions to offers.

See page 6 section 4 Period of Performance for anticipated start dates.

CO: Mark Smith | mark.smith25@va.gov

See CONTINUATION Page

X X

X 1

Mark Smith

VA-VHA-RPOE-2024-0087

Table of Contents

SECTION A

A.1 SF 1449 SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL PRODUCTS

AND COMMERCIAL SERVICES

SECTION B - CONTINUATION OF SF 1449 BLOCKS

B.1 CONTRACT ADMINISTRATION DATA

B.2 STATEMENT OF WORK

B.3 PRICE/COST SCHEDULE

ITEM INFORMATION

SECTION C - CONTRACT CLAUSES

C.1 52.212-4 CONTRACT TERMS AND CONDITIONS—COMMERCIAL PRODUCTS

AND COMMERCIAL SERVICES (NOV 2023)

C.2 52.217-8 OPTION TO EXTEND SERVICES (NOV 1999)

C.3 52.217-9 OPTION TO EXTEND THE TERM OF THE CONTRACT (MAR 2000) ... 27

C.4 SUPPLEMENTAL INSURANCE REQUIREMENTS

C.5 VAAR 852.219-73 VA NOTICE OF TOTAL SET-ASIDE FOR CERTIFIED

SERVICE-DISABLED VETERAN-OWNED SMALL BUSINESSES (JAN 2023)

(DEVIATION)

C.6 VAAR 852.219-75 VA NOTICE OF LIMITATIONS ON SUBCONTRACTING—

CERTIFICATE OF COMPLIANCE FOR SERVICES AND CONSTRUCTION (JAN 2023)

(DEVIATION)

C.7 VAAR 852.232-72 ELECTRONIC SUBMISSION OF PAYMENT REQUESTS (NOV

2018)

C.8 VAAR 852.242-71 ADMINISTRATIVE CONTRACTING OFFICER (OCT 2020) ... 34

C.9 52.252-2 CLAUSES INCORPORATED BY REFERENCE (FEB 1998)

C.10 VAAR 852.201-70 CONTRACTING OFFICER'S REPRESENTATIVE (DEC 2022)

C.11 VAAR 852.203-70 COMMERCIAL ADVERTISING (MAY 2018)

C.12 52.212-5 CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT

STATUTES OR EXECUTIVE ORDERS—COMMERCIAL PRODUCTS AND

COMMERCIAL SERVICES (MAY 2024)

SECTION D - CONTRACT DOCUMENTS, EXHIBITS, OR ATTACHMENTS

SECTION E - SOLICITATION PROVISIONS

E.1 52.204-24 REPRESENTATION REGARDING CERTAIN TELECOMMUNICATIONS

AND VIDEO SURVEILLANCE SERVICES OR EQUIPMENT (NOV 2021)

E.2 52.204-29 FEDERAL ACQUISITION SUPPLY CHAIN SECURITY ACT

ORDERS—REPRESENTATION AND DISCLOSURES (DEC 2023)

E.3 52.212-1 INSTRUCTIONS TO OFFERORS—COMMERCIAL PRODUCTS AND

COMMERCIAL SERVICES (SEP 2023)

E.4 SUPPLEMENTAL INSTRUCTIONS TO OFFERORS

E.5 52.216-1 TYPE OF CONTRACT (APR 1984)

E.6 52.233-2 SERVICE OF PROTEST (SEP 2006)

E.7 VAAR 852.233-71 ALTERNATE PROTEST PROCEDURE (OCT 2018)

E.8 52.252-1 SOLICITATION PROVISIONS INCORPORATED BY REFERENCE (FEB

1998)

E.9 52.212-2 EVALUATION—COMMERCIAL PRODUCTS AND COMMERCIAL

SERVICES (NOV 2021)

E.10 52.212-3 OFFEROR REPRESENTATIONS AND CERTIFICATIONS—

COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES (MAY 2024)

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 36C245 Department of Veterans Affairs VA Maryland Health Care System Contracting Officer (90C)

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

[X] 52.232-33, Payment by Electronic Funds Transfer—System For Award Management, or

[] 52.232-36, Payment by Third Party

3. INVOICES: Invoices shall be submitted in arrears:

a. Quarterly []

b. Semi-Annually []

c. Other [X] 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:

AMENDMENT NO DATE

B.2 STATEMENT OF WORK

Statement of Work Construction Dumpster, Self-Contained Trash Compactor, Cardboard Compactor

Disposal Beckley Veterans Affairs Medical Center (VAMC)

1. GENERAL

The contractor shall furnish all personnel, equipment, and transportation required to dispose of construction debris, garbage, and recyclable cardboard located at the Beckley Veterans Affairs Medical Center in Beckley, WV. Services shall be performed on-site. The contractor shall be responsible for allocating all equipment and personnel including back-up resources to meet all requirements for the comprehensive management of the cardboard waste, recycling programs, construction debris removal, and universal waste at the Beckley VAMC. Waste services shall not only include the collection and disposal of waste, but also the training and support required to ensure compliance with all Federal, State, and Local regulations. The contractor must have relevant experience in providing comprehensive waste management services. The contractor shall track waste disposal and shall provide monthly reports on volume of ton disposed, price per ton, cost of final ton, number of transports, rental fee, and fuel cost.

2. SCOPE

a. The contractor shall provide one cardboard compactor and one (1) each 30-yard self-contained trash compactor for the disposal of garbage and one (1) construction dumpster for the disposal of construction debris and recyclable cardboard. The dumpster and compactor shall be located at the back loading dock of bldg.1.

b. Method of obtaining the compactor is at the discretion of the contractor.

c. The compactor must be compatible with the existing electrical configuration currently in use at the Beckley VAMC. If any mechanical modifications are required to accommodate the compactors in the designated dock areas, it shall be noted and corrected by the contractor with approval from the COR and Contract Officer first. The Beckley VAMC shall ensure the area is prepared prior to the equipment being ordered by the contractor.

The contractor is responsible for installation of the compactor once the Beckley VA has prepared the site as specified.

d. The contractor shall remove the construction dumpster and compactor from Beckley

VAMC and dispose of solid waste at a West Virginia approved land fill. The waste must be removed on schedule so as not to interfere with the facility operations at the loading dock . Compactor trash removal shall be completed weekly on the same day each week and/or within 24 hours of notification by the COR. Construction debris and cardboard removal shall be completed bi-weekly and/or within 24 hours notification by the COR.

Scheduled pickup and delivery schedules are subject to change upon agreement by the COR and the Contractor.

e. The contractor is responsible for cleaning the compactor and dumpster and will ensure that upon return, the compactor and dumpster are rinsed, free of odor, and that the surrounding area is cleared of any debris. The contractor will be responsible for cleaning any debris that are spilled in the process of picking up the compactor to include hosing the area around the compactor to remove any liquids or other substance. The contractor must provide a plan for maintaining the cleanliness of containers and equipment. The Beckley VAMC will furnish the water and a hose. Maintaining the cleanliness and aesthetic appearance of the equipment shall be a high priority. The COR shall ensure the cleanliness and aesthetic appearances are satisfactory and will notify the contractor of any deficiencies.

f. The contractor shall provide the types and quantities of vehicles, solid waste collection equipment and/or containers proposed to provide the required service for the COR and Contracting Officer to review.

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

h. The contractor is responsible for ensuring that the compactor is designed to maximize fullness and to minimize the required pulls, to avoid disruption to service. The compactor must be designed to meet or exceed all safety standards to include key type lock/start control, emergency disconnect within 10 feet of the machine, and an emergency stop.

Unit must be designed to prevent leakage, spillage, odors, and pest control concerns.

Compactors will be required to have a cart dumper to minimize handling of waste by the VA staff.

i. The contractor is responsible for researching all applicable fees associated with the use of the landfill and include all such costs in the base bid and subsequent option years. The Beckley VAMC will not be responsible for increased land fill rates and other rising costs such as fuel. The contractor should include a reasonable estimate of future costs that could be incurred with their base and subsequent option years bid.

3. COORDINATION

Before contract performance, the contractor shall provide documentation of a West Virginia approved landfill to the Contracting Officer. Documentation shall be provided annually for all subsequent option years.

4. PERIOD OF PERFORMANCE

Base year 10/01/2024-09/30/2025 Option yr.1 10/01/2025-09/30/2026 Option yr. 2 10/01/2026-09/30/2027 Option yr. 3 10/01/2027-09/30/2028 Option yr. 4 10/01/2028-09/30/2029

5. PLACES OF PERFORMANCE

Trash removal, cardboard removal and construction debris removal is required at the following site:

Beckley VA Medical Center 200 Veterans Ave Beckley, WV 25801

6. PERFORMANCE REQUIREMENTS

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 be required to provide a demonstration of the resources, equipment, and qualified personnel that are available to commit to this requirement. The contractor shall provide all labor, supplies, equipment (excluding the hose and water which will be provided by the Beckley VAMC), and disposal for the following services:

a. Trash disposal services

b. Cardboard recycling services

c. Construction debris disposal services

d. Waste reports

7. APPLICABLE REGULATIONS, GUIDELINES AND STANDARD OPERATING

PROCEDURES

Solid waste and cardboard shall be removed in accordance with the Environmental Protection Agency, the West Virginia Solid Waste Program, and the West Virginia Solid Waste Authority.

8. CONTRACTOR IDENTIFICATION

While on Beckley VAMC premises, contractor employees will wear a company uniform and a visible identification badge which contains a photograph of the employee. All contractor vehicles and the dumpster and compactor shall be clearly identified with the company’s name.

9. CONTRACTOR QUALIFICATIONS

a. Contractor shall have 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.

b. Contractor shall provide a plan to demonstrate that they are capable of providing ongoing requirements and services in the event of service disruptions for any reason. Contractor shall provide information for primary and back-up sites for the following: solid waste disposal services, and recycling services.

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

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

10. CONTRACTOR PERSONNEL

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.

11. PROTECTION OF GOVERNMENT PROPERTY

During work execution, the Contractor shall take special care to protect Government property including interior and exterior buildings, furniture, walls, baseboards, and other surfaces.

Damage resulting from Contractor operations shall be repaired by the Contractor, including painting, refinishing, or replacement (if necessary), at no additional cost to the Government.

Contractor shall be responsible to meet all OSHA/Safety requirements in the performance of the work. This shall include but not be limited to taking all the necessary precautions to protect the patients, visitors and/or staff at each location. Contractor shall be held responsible for any injuries and/or damage, which may be caused because of the Contractors failure to adhere to these requirements.

12. 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

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.

13. DAYS AND HOURS OF OPERATION

Work shall be accomplished Monday through Friday, 8:00 am to 4:30 pm. Unless directed by the Contracting Officer (CO), work at the site(s) shall not take place on Federal holidays or weekends. When a holiday falls on Sunday, the following Monday will be observed as a legal holiday. When a holiday falls on a Saturday, the preceding Friday is observed by the U.S.

Government agencies. The following Federal holidays are observed:

1. New Year's

2. Martin Luther King Jr Day

3. President's Day

4. Memorial Day

5. Juneteenth

6. Fourth of July

7. Labor Day

8. Columbus Day

9. Veteran's Day

10. Thanksgiving

11. Christmas

14. INVOICING

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

A properly prepared invoice will contain:

a. Invoice Number and Date

b. Contractor’s Name and Address

c. Accurate Purchase Order Number

d. Itemization of pounds recycled and disposed

e. Price per pound

f. Dates service performed

g. Location of service performed

h. Total amount due

B.3 PRICE/COST SCHEDULE

ITEM INFORMATION

ITEM

NUMBE

R

DESCRIPTION OF

SUPPLIES/SERVICE

S

QUANTIT

Y

UNI

T UNIT PRICE AMOUNT

12.00 MO _________________

30 YARD SELF CONTAINED RENTAL.

Contract Period: Base POP Begin:

POP End:

PRINCIPAL NAICS CODE: 562111 - Solid Waste Collection PRODUCT/SERVICE CODE: S205 - Housekeeping - Trash/Garbage Collection

56.00 EA _________________

30 YARD SELF CONTAINED COMPACTOR HAULING FEE.

Contract Period: Base POP Begin:

POP End:

PRINCIPAL NAICS CODE: 562111 - Solid Waste Collection

FUEL CHARGE FOR 30 YARD SELF CONTAINED COMPACTOR

Contract Period: Base POP Begin:

POP End:

PRINCIPAL NAICS CODE: 562111 - Solid Waste Collection

185.00 EA _________________

30 YARD SELF CONTAINED COMPACTOR TONAGE.

Contract Period: Base POP Begin:

POP End:

PRINCIPAL NAICS CODE: 562111 - Solid Waste Collection

CARDBOARD COMPACTOR RENTAL.

Contract Period: Base POP Begin:

POP End:

PRINCIPAL NAICS CODE: 562111 - Solid Waste Collection

28.00 EA _________________

CARBOARD COMPACTOR HAUL FEE.

Contract Period: Base POP Begin:

POP End:

PRINCIPAL NAICS CODE: 562111 - Solid Waste Collection

CARDBOARD COMPACTOR FUEL CHARGE.

Contract Period: Base POP Begin:

POP End:

PRINCIPAL NAICS CODE: 562111 - Solid Waste Collection

30 YARD OPEN TOP RENTAL.

Contract Period: Base POP Begin:

POP End:

PRINCIPAL NAICS CODE: 562111 - Solid Waste Collection

112.00 EA _________________

30 YARD OPEN TOP DUMPSTER HAUL FEE.

Contract Period: Base POP Begin:

POP End:

PRINCIPAL NAICS CODE: 562111 - Solid Waste Collection

30 YARD OPEN TOP FUEL CHARGE.

Contract Period: Base POP Begin:

POP End:

PRINCIPAL NAICS CODE: 562111 - Solid Waste Collection

65.00 EA _________________

30 YARD OPEN TOP TONAGE.

Contract Period: Base POP Begin:

POP End:

PRINCIPAL NAICS CODE: 562111 - Solid Waste Collection

30 YARD SELF CONTAINED RENTAL.

Contract Period: Option 1 POP Begin:

POP End:

PRINCIPAL NAICS CODE: 562111 - Solid Waste Collection

30 YARD SELF CONTAINED COMPACTOR HAULING FEE.

Contract Period: Option 1 POP Begin:

POP End:

PRINCIPAL NAICS CODE: 562111 - Solid Waste Collection

FUEL CHARGE FOR 30 YARD SELF CONTAINED COMPACTOR

Contract Period: Option 1 POP Begin:

POP End:

PRINCIPAL NAICS CODE: 562111 - Solid Waste Collection

30 YARD SELF CONTAINED COMPACTOR TONAGE.

Contract Period: Option 1 POP Begin:

POP End:

PRINCIPAL NAICS CODE: 562111 - Solid Waste Collection

CARDBOARD COMPACTOR RENTAL.

Contract Period: Option 1 POP Begin:

POP End:

PRINCIPAL NAICS CODE: 562111 - Solid Waste Collection

CARBOARD COMPACTOR HAUL FEE.

Contract Period: Option 1 POP Begin:

POP End:

PRINCIPAL NAICS CODE: 562111 - Solid Waste Collection

CARDBOARD COMPACTOR FUEL CHARGE.

Contract Period: Option 1 POP Begin:

POP End:

PRINCIPAL NAICS CODE: 562111 - Solid Waste Collection

30 YARD OPEN TOP RENTAL.

Contract Period: Option 1 POP Begin:

POP End:

PRINCIPAL NAICS CODE: 562111 - Solid Waste Collection

30 YARD OPEN TOP DUMPSTER HAUL FEE.

Contract Period: Option 1 POP Begin:

POP End:

PRINCIPAL NAICS CODE: 562111 - Solid Waste Collection

30 YARD OPEN TOP FUEL CHARGE.

Contract Period: Option 1 POP Begin:

POP End:

PRINCIPAL NAICS CODE: 562111 - Solid Waste Collection

30 YARD OPEN TOP TONAGE.

Contract Period: Option 1 POP Begin:

POP End:

PRINCIPAL NAICS CODE: 562111 - Solid Waste Collection

30 YARD SELF CONTAINED RENTAL.

Contract Period: Option 2 POP Begin:

POP End:

PRINCIPAL NAICS CODE: 562111 - Solid Waste Collection

30 YARD SELF CONTAINED COMPACTOR HAULING FEE.

Contract Period: Option 2 POP Begin:

POP End:

PRINCIPAL NAICS CODE: 562111 - Solid Waste Collection

FUEL CHARGE FOR 30 YARD SELF CONTAINED COMPACTOR

Contract Period: Option 2 POP Begin:

POP End:

PRINCIPAL NAICS CODE: 562111 - Solid Waste Collection

30 YARD SELF CONTAINED COMPACTOR TONAGE.

Contract Period: Option 2 POP Begin:

POP End:

CARDBOARD COMPACTOR RENTAL.

Contract Period: Option 2 POP Begin:

POP End:

PRINCIPAL NAICS CODE: 562111 - Solid Waste Collection

CARBOARD COMPACTOR HAUL FEE.

Contract Period: Option 2 POP Begin:

POP End:

PRINCIPAL NAICS CODE: 562111 - Solid Waste Collection

CARDBOARD COMPACTOR FUEL CHARGE.

Contract Period: Option 2 POP Begin:

POP End:

PRINCIPAL NAICS CODE: 562111 - Solid Waste Collection

30 YARD OPEN TOP RENTAL.

Contract Period: Option 2 POP Begin:

POP End:

PRINCIPAL NAICS CODE: 562111 - Solid Waste Collection

30 YARD OPEN TOP DUMPSTER HAUL FEE.

Contract Period: Option 2 POP Begin:

POP End:

PRINCIPAL NAICS CODE: 562111 - Solid Waste Collection

30 YARD OPEN TOP FUEL CHARGE.

Contract Period: Option 2 POP Begin:

POP End:

PRINCIPAL NAICS CODE: 562111 - Solid Waste Collection

30 YARD OPEN TOP TONAGE.

Contract Period: Option 2 POP Begin:

POP End:

PRINCIPAL NAICS CODE: 562111 - Solid Waste Collection

30 YARD SELF CONTAINED RENTAL.

Contract Period: Option 3 POP Begin:

POP End:

PRINCIPAL NAICS CODE: 562111 - Solid Waste Collection

30 YARD SELF CONTAINED COMPACTOR HAULING FEE.

Contract Period: Option 3 POP Begin:

POP End:

PRINCIPAL NAICS CODE: 562111 - Solid Waste Collection

FUEL CHARGE FOR 30 YARD SELF CONTAINED COMPACTOR

Contract Period: Option 3 POP Begin:

POP End:

PRINCIPAL NAICS CODE: 562111 - Solid Waste Collection

30 YARD SELF CONTAINED COMPACTOR TONAGE.

Contract Period: Option 3 POP Begin:

POP End:

PRINCIPAL NAICS CODE: 562111 - Solid Waste Collection

CARDBOARD COMPACTOR RENTAL.

Contract Period: Option 3 POP Begin:

POP End:

PRINCIPAL NAICS CODE: 562111 - Solid Waste Collection

CARBOARD COMPACTOR HAUL FEE.

Contract Period: Option 3 POP Begin:

POP End:

PRINCIPAL NAICS CODE: 562111 - Solid Waste Collection

CARDBOARD COMPACTOR FUEL CHARGE.

Contract Period: Option 3 POP Begin:

POP End:

PRINCIPAL NAICS CODE: 562111 - Solid Waste Collection

30 YARD OPEN TOP RENTAL.

Contract Period: Option 3 POP Begin:

POP End:

PRINCIPAL NAICS CODE: 562111 - Solid Waste Collection

30 YARD OPEN TOP DUMPSTER HAUL FEE.

Contract Period: Option 3 POP Begin:

POP End:

PRINCIPAL NAICS CODE: 562111 - Solid Waste Collection

30 YARD OPEN TOP FUEL CHARGE.

Contract Period: Option 3 POP Begin:

POP End:

PRINCIPAL NAICS CODE: 562111 - Solid Waste Collection

30 YARD OPEN TOP TONAGE.

Contract Period: Option 3 POP Begin:

POP End:

PRINCIPAL NAICS CODE: 562111 - Solid Waste Collection

30 YARD SELF CONTAINED RENTAL.

Contract Period: Option 4 POP Begin:

POP End:

PRINCIPAL NAICS CODE: 562111 - Solid Waste Collection

30 YARD SELF CONTAINED COMPACTOR HAULING FEE.

Contract Period: Option 4 POP Begin:

POP End:

PRINCIPAL NAICS CODE: 562111 - Solid Waste Collection

FUEL CHARGE FOR 30 YARD SELF CONTAINED COMPACTOR

Contract Period: Option 4 POP Begin:

POP End:

30 YARD SELF CONTAINED COMPACTOR TONAGE.

Contract Period: Option 4 POP Begin:

POP End:

PRINCIPAL NAICS CODE: 562111 - Solid Waste Collection

CARDBOARD COMPACTOR RENTAL.

Contract Period: Option 4 POP Begin:

POP End:

PRINCIPAL NAICS CODE: 562111 - Solid Waste Collection

CARBOARD COMPACTOR HAUL FEE.

Contract Period: Option 4 POP Begin:

POP End:

PRINCIPAL NAICS CODE: 562111 - Solid Waste Collection

CARDBOARD COMPACTOR FUEL CHARGE.

Contract Period: Option 4 POP Begin:

POP End:

PRINCIPAL NAICS CODE: 562111 - Solid Waste Collection

30 YARD OPEN TOP RENTAL.

Contract Period: Option 4 POP Begin:

POP End:

PRINCIPAL NAICS CODE: 562111 - Solid Waste Collection

30 YARD OPEN TOP DUMPSTER HAUL FEE.

Contract Period: Option 4 POP Begin:

POP End:

PRINCIPAL NAICS CODE: 562111 - Solid Waste Collection

30 YARD OPEN TOP FUEL CHARGE.

Contract Period: Option 4 POP Begin:

POP End:

PRINCIPAL NAICS CODE: 562111 - Solid Waste Collection

30 YARD OPEN TOP TONAGE.

Contract Period: Option 4 POP Begin:

POP End:

PRINCIPAL NAICS CODE: 562111 - Solid Waste Collection

GRAND TOTAL _________________

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 52.217-8 OPTION TO EXTEND SERVICES (NOV 1999)

The Government may require continued performance of any services within the limits and at the rates specified in the contract. These rates may be adjusted only as a result of revisions to prevailing labor rates provided by the Secretary of Labor. The option provision may be exercised more than once, but the total extension of performance hereunder shall not exceed 6 months. The Contracting Officer may exercise the option by written notice to the Contractor within 30 days.

For purposes of award of this Contract, the Government intends to evaluate the option to extend services under FAR 52.217-8 as follows: The evaluation will consider the possibility that the option can be exercised at any time and can be exercised in increments of one to six months, but not for more than a total of six months during the life of the contract. The evaluation will assume that the prices for any option exercised under FAR 52.217-8 will be those rates in effect under the contract each time an option is exercised under this clause. The evaluation will therefore assume that the addition of the price or prices of any possible extension or extensions under FAR 52.217-8 to the total price for the basic requirement and the total price for the priced options has the same effect on the total price of all proposals relative to each other, and will not affect the ranking of proposals based on price, unless, after reviewing the proposals, the Government determines that there is a basis for finding otherwise. This evaluation will not obligate the Government to exercise any option under FAR 52.217-8.

(End of Clause)

C.3 52.217-9 OPTION TO EXTEND THE TERM OF THE CONTRACT (MAR

2000)

(a) The Government may extend the term of this contract by written notice to the Contractor within 30 days; provided that the Government gives the Contractor a preliminary written notice of its intent to extend at least 60 days before the contract expires. The preliminary notice does not commit the Government to an extension.

(b) If the Government exercises this option, the extended contract shall be considered to include this option clause.

(c) The total duration of this contract, including the exercise of any options under this clause, shall not exceed Five (5) year.

(End of Clause)

C.4 SUPPLEMENTAL INSURANCE REQUIREMENTS

In accordance with FAR 28.307-2 and FAR 52.228-5, the following minimum coverage shall apply to this contract:

(a) Workers' compensation and employers liability: Contractors are required to comply with applicable Federal and State workers' compensation and occupational disease statutes. If occupational diseases are not compensable under those statutes, they shall be covered under the employer's liability section of the insurance policy, except when contract operations are so commingled with a Contractor's commercial operations that it would not be practical to require this coverage. Employer's liability coverage of at least $100,000 is required, except in States with exclusive or monopolistic funds that do not permit workers' compensation to be written by private carriers.

https://www.acquisition.gov/far/part-52 https://www.acquisition.gov/far/part-52 https://www.acquisition.gov/far/part-52 https://www.acquisition.gov/far/part-52

(b) General Liability: $500,000.00 per occurrences.

(c) Automobile liability: $200,000.00 per person; $500,000.00 per occurrence and $20,000.00 property damage.

(d) The successful bidder must present to the Contracting Officer, prior to award, evidence of general liability insurance without any exclusionary clauses for asbestos that would void the general liability coverage.

(End of Clause)

C.5 VAAR 852.219-73 VA NOTICE OF TOTAL SET-ASIDE FOR CERTIFIED

SERVICE-DISABLED VETERAN-OWNED SMALL BUSINESSES (JAN 2023)

(DEVIATION)

(a) Definition. for the Department of Veterans Affairs, ‘‘Service-disabled Veteran-owned small business concern or SDVOSB’’:

(1) Means a small business concern—

(i) Not less than 51 percent of which is owned by one or more service-disabled Veterans or, in the case of any publicly owned business, not less than 51 percent of the stock of which is owned by one or more service-disabled Veterans or eligible surviving spouses (see VAAR 802.201, Surviving Spouse definition);

(ii) The management and daily business operations of which are controlled by one or more service-disabled Veterans (or eligible surviving spouses) or, in the case of a service-disabled Veteran with permanent and severe disability, the spouse or permanent caregiver of such Veteran;

(iii) The business meets Federal small business size standards for the applicable North American Industry Classification System (NAICS) code identified in the solicitation document;

(iv) The business has been certified for ownership and control pursuant to 38 U.S.C. 8127, 13 CFR 128, and is listed as certified in the SBA certification database at https://veterans.certify.sba.gov/; and

(v) The business agrees to comply with VAAR subpart 819.70 and Small Business Administration (SBA) regulations regarding small business size, government contracting, and the Veteran Small Business Certification Program at 13 CFR parts 121, 125, and 128.

(2) The term ‘‘Service-disabled Veteran’’ means a Veteran, as defined in 38 U.S.C. 101(2), with a disability that is service-connected, as defined in 38 U.S.C. 101(16).

(3) The term ‘‘small business concern’’ has the meaning given that term under section 3 of the Small Business Act (15 U.S.C. 632).

(4) The term ‘‘small business concern owned and controlled by Veterans with service-connected disabilities’’ has the meaning given the term ‘‘small business concern owned and controlled by service-disabled veterans’’ under section 3(q)(2) of the Small Business Act (15 U.S.C. 632(q)(2)).

https://veterans.certify.sba.gov/

(5) The term “SDVOSB participant” or certified SDVOSB means a small business that has been certified in the SBA Veteran Small Business Certification Program and listed in the SBA certification database (see 13 CFR 128.102).

(b) General. In order for a concern to submit an offer and be eligible for the award of an SDVOSB set-aside or sole source contract, the concern must qualify as a small business concern under the size standard corresponding to the NAICS code assigned to the contract and be listed as an SDVOSB participant in the SBA certification database as set forth in 13 CFR 128.

(1) Offers received from entities that are not certified SDVOSBs and listed in the SBA certification database at the time of offer shall not be considered.

(2) Any award resulting from this solicitation shall be made to a certified SDVOSB listed in the SBA certification database who is eligible at the time of submission of offer(s) and at the time of award.

(3) The requirements in this clause apply to any contract, order or subcontract where the firm receives a benefit or preference from its designation as an SDVOSB, including set-asides, sole source awards, and evaluation preferences.

(c) Representation. Pursuant to 38 U.S.C. 8127(e), only certified SDVOSBs listed in the SBA certification database are considered eligible to receive award of a resulting contract. By submitting an offer, the prospective contractor represents that it is an eligible and certified SDVOSB as defined in this clause, 13 CFR 121, 125, and 128, and VAAR subpart 819.70.

(d) Agreement/LOS certification. When awarded a contract action, including orders under multipleaward contracts, an SDVOSB agrees that in the performance of the contract, the SDVOSB shall comply with requirements in VAAR subpart 819.70 and SBA regulations on small business size, and government contracting programs at 13 CFR part 121 and part 125, including the non-manufacturer rule and limitations on subcontracting (LOS) requirements in 13 CFR 121.406(b) and 13 CFR 125.6. For the purpose of limitations on subcontracting, only certified SDVOSBs listed in the SBA certification database (including independent contractors) shall be considered eligible and/or ‘‘similarly situated’’ (i.e., a firm that has the same small business program status as the prime contractor). An otherwise eligible firm further agrees to comply with the required LOS certification requirements in this solicitation (see 852.219–75 or 852.219–76 as applicable). These requirements are summarized as follows:

(1) Services. In the case of a contract for services (except construction), the SDVOSB prime contractor will not pay more than 50% of the amount paid by the government to the prime for contract performance to firms that are not certified SDVOSBs listed in the SBA certification database (excluding direct costs to the extent they are not the principal purpose of the acquisition and the SDVOSB/ VOSB does not provide the service, such as airline travel, cloud computing services, or mass media…

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