36C24623Q1340_1.docx

36C24623Q1340 Solid Waste/Recycling Removal Services for Richmond VAMC

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

36C24623Q1340 09-06-2023 Stephen Nassan (757)251-5188 09-1 -2023 10:00 am

EDT

Department of Veterans Affairs Network Contracting Office 6 100 Emancipation Drive Hampton VA 23667 X X 562111 $47 Million N/A X Department of Veterans Affairs Network Contracting Office 6 100 Emancipation Drive Hampton VA 23667 Department of Veterans Affairs Network Contracting Office 6 100 Emancipation Drive Hampton VA 23667

Department of Veterans Affairs Financial Services Center

PO BOX 149971

Austin TX 78714-9971 512-460-5049 512-460-5221 See CONTINUATION Page It is the intention of the Hunter Holmes McGuire (Richmond) VA Medical Center to solicit for Solid Waste, Garbage, and Recycling Collection and Disposal Service in accordance with the Statement of Work (SOW) for a period of performance of 10/01/2023 - 09/30/2024, with four 1-year Options.

Please note that this is 100% set-aside for Service Disabled Veteran Owned Small Businesses (SDVOSB). All offerors must be listed as verified SDVOSB on VetCert at https://veterans.certify.sba.gov/ See CONTINUATION Page X X X Table of Contents

SECTION B - CONTINUATION OF SF 1449 BLOCKS

B.1 CONTRACT ADMINISTRATION DATA

1. Contract Administration: All contract administration matters will be handled by the following individuals:

a. CONTRACTOR:

b. GOVERNMENT: Contracting Officer 36C246

Department of Veterans Affairs Network Contracting Office 6 100 Emancipation Drive Hampton VA 23667

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

3. INVOICES: Invoices shall be submitted in arrears:

4. GOVERNMENT INVOICE ADDRESS: All Invoices from the contractor shall be submitted electronically in accordance with VAAR Clause 852.232-72 Electronic Submission of Payment Requests.

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

B.2 PRICE/COST SCHEDULE

ITEM INFORMATION

One (1) 42 Cubic Yard (CY) compacted general waste Sanipak Emptying of container every Monday and Thursday, including legal holidays Location: rear of the hospital Contract Period: Base POP Begin: 10-01-2023 POP End: 09-30-2024 PRINCIPAL NAICS CODE: 562111 - Solid Waste Collection PRODUCT/SERVICE CODE: S205 - Housekeeping - Trash/Garbage Collection

One (1) compacted general waste 35 CY government owned Emptying of container every Tuesday and Friday, including legal holidays Location: inside rear of the hospital Contract Period: Base POP Begin: 10-01-2023 POP End: 09-30-2024

Rental of four (4) dumpsters Waste 8-yard container

(CLINS 0004 & 0005)

Contract Period: Base POP Begin: 10-01-2023 POP End: 09-30-2024

Three (3) dumpsters Emptying of container every Wednesday including legal holidays Location: Utility Plant

Emptying of container every Monday and Friday including legal holidays Locations: Bldg. 507 Bldg. 513 Contract Period: Base POP Begin: 10-01-2023 POP End: 09-30-2024

One (1) dumpster Emptying of container every Monday and Friday including legal holidays Location: Lot 15 Contract Period: Base POP Begin: 10-01-2023 POP End: 09-30-2024

Dispose/tipping fee charges.

Contract Period: Base POP Begin: 10-01-2023 POP End: 09-30-2024

One (1) 40 CY container mixed recyclable metal Emptying of containers every Friday including legal holidays Location: rear of hospital Contract Period: Base POP Begin: 10-01-2023 POP End: 09-30-2024

Rental of three (3) 30 CY containers

(CLINS 0009)

Contract Period: Base POP Begin: 10-01-2023 POP End: 09-30-2024

Three (3) containers Emptying of containers every Thursday including legal holidays Locations: rear of hospital

(1) container for recyclable

(1) adjacent to Engineering shop entrance

(1) mixed recyclable wood/municipal waste including pallets Contract Period: Base POP Begin: 10-01-2023 POP End: 09-30-2024

Reporting/recycable proceeds, monthly reports.

Contract Period: Base POP Begin: 10-01-2023 POP End: 09-30-2024

One (1) 42 Cubic Yard (CY) compacted general waste Sanipak

Location: rear of the hospital Contract Period: Option 1 POP Begin: 10-01-2024 POP End: 09-30-2025

One (1) compacted general waste 35 CY government owned

Location: inside rear of the hospital Contract Period: Option 1 POP Begin: 10-01-2024 POP End: 09-30-2025

Rental of four (4) dumpsters

(CLINS 1004 & 1005)

Contract Period: Option 1 POP Begin: 10-01-2024 POP End: 09-30-2025

Three (3) dumpsters

Location: Utility Plant

Emptying of container every Monday and Friday including legal holidays Locations: Bldg. 507 Bldg. 513 Contract Period: Option 1 POP Begin: 10-01-2024 POP End: 09-30-2025

One (1) dumpster

Location: Lot 15 Contract Period: Option 1 POP Begin: 10-01-2024 POP End: 09-30-2025

Dispose/tipping fee charges.

Contract Period: Option 1 POP Begin: 10-01-2024 POP End: 09-30-2025

One (1) 40 CY container mixed recyclable metal

Location: rear of hospital Contract Period: Option 1 POP Begin: 10-01-2024 POP End: 09-30-2025

Rental of three (3) 30 CY containers

(CLINS 1009)

Contract Period: Option 1 POP Begin: 10-01-2024 POP End: 09-30-2025

Three (3) containers

Locations: rear of hospital

(1) container for recyclable

(1) adjacent to Engineering shop entrance

(1) mixed recyclable wood/municipal waste including pallets Contract Period: Option 1 POP Begin: 10-01-2024 POP End: 09-30-2025

Reporting/recycable proceeds, monthly reports.

Contract Period: Option 1 POP Begin: 10-01-2024 POP End: 09-30-2025

One (1) 42 Cubic Yard (CY) compacted general waste Sanipak

Location: rear of the hospital Contract Period: Option 2 POP Begin: 10-01-2025 POP End: 09-30-2026

One (1) compacted general waste 35 CY government owned

Location: inside rear of the hospital Contract Period: Option 2 POP Begin: 10-01-2025 POP End: 09-30-2026

Rental of four (4) dumpsters

(CLINS 2004 & 2005)

Contract Period: Option 2 POP Begin: 10-01-2025 POP End: 09-30-2026

Three (3) dumpsters

Location: Utility Plant

Emptying of container every Monday and Friday including legal holidays Locations: Bldg. 507 Bldg. 513 Contract Period: Option 2 POP Begin: 10-01-2025 POP End: 09-30-2026

One (1) dumpster

Location: Lot 15 Contract Period: Option 2 POP Begin: 10-01-2025 POP End: 09-30-2026

Dispose/tipping fee charges.

Contract Period: Option 2 POP Begin: 10-01-2025 POP End: 09-30-2026

One (1) 40 CY container mixed recyclable metal

Location: rear of hospital Contract Period: Option 2 POP Begin: 10-01-2025 POP End: 09-30-2026

Rental of three (3) 30 CY containers

(CLINS 2009)

Contract Period: Option 2 POP Begin: 10-01-2025 POP End: 09-30-2026

Three (3) containers

Locations: rear of hospital

(1) container for recyclable

(1) adjacent to Engineering shop entrance

(1) mixed recyclable wood/municipal waste including pallets Contract Period: Option 2 POP Begin: 10-01-2025 POP End: 09-30-2026

Reporting/recycable proceeds, monthly reports.

Contract Period: Option 2 POP Begin: 10-01-2025 POP End: 09-30-2026

One (1) 42 Cubic Yard (CY) compacted general waste Sanipak

Location: rear of the hospital Contract Period: Option 3 POP Begin: 10-01-2026 POP End: 09-30-2027

One (1) compacted general waste 35 CY government owned

Location: inside rear of the hospital Contract Period: Option 3 POP Begin: 10-01-2026 POP End: 09-30-2027

Rental of four (4) dumpsters

(CLINS 3004 & 3005)

Contract Period: Option 3 POP Begin: 10-01-2026 POP End: 09-30-2027

Three (3) dumpsters

Location: Utility Plant

Emptying of container every Monday and Friday including legal holidays Locations: Bldg. 507 Bldg. 513 Contract Period: Option 3 POP Begin: 10-01-2026 POP End: 09-30-2027

One (1) dumpster

Location: Lot 15 Contract Period: Option 3 POP Begin: 10-01-2026 POP End: 09-30-2027

Dispose/tipping fee charges.

Contract Period: Option 3 POP Begin: 10-01-2026 POP End: 09-30-2027

One (1) 40 CY container mixed recyclable metal

Location: rear of hospital Contract Period: Option 3 POP Begin: 10-01-2026 POP End: 09-30-2027

Rental of three (3) 30 CY containers

(CLINS 3009)

Contract Period: Option 3 POP Begin: 10-01-2026 POP End: 09-30-2027

Three (3) containers

Locations: rear of hospital

(1) container for recyclable

(1) adjacent to Engineering shop entrance

(1) mixed recyclable wood/municipal waste including pallets Contract Period: Option 3 POP Begin: 10-01-2026 POP End: 09-30-2027

Reporting/recycable proceeds, monthly reports.

Contract Period: Option 3 POP Begin: 10-01-2026 POP End: 09-30-2027

One (1) 42 Cubic Yard (CY) compacted general waste Sanipak

Location: rear of the hospital Contract Period: Option 4 POP Begin: 10-01-2027 POP End: 09-30-2028

One (1) compacted general waste 35 CY government owned

Location: inside rear of the hospital Contract Period: Option 4 POP Begin: 10-01-2027 POP End: 09-30-2028

Rental of four (4) dumpsters

(CLINS 4004 & 4005)

Contract Period: Option 4 POP Begin: 10-01-2027 POP End: 09-30-2028

Three (3) dumpsters

Location: Utility Plant

Emptying of container every Monday and Friday including legal holidays Locations: Bldg. 507 Bldg. 513 Contract Period: Option 4 POP Begin: 10-01-2027 POP End: 09-30-2028

One (1) dumpster

Location: Lot 15 Contract Period: Option 4 POP Begin: 10-01-2027 POP End: 09-30-2028

Dispose/tipping fee charges.

Contract Period: Option 4 POP Begin: 10-01-2027 POP End: 09-30-2028

One (1) 40 CY container mixed recyclable metal

Location: rear of hospital Contract Period: Option 4 POP Begin: 10-01-2027 POP End: 09-30-2028

Rental of three (3) 30 CY containers

POP Begin: 10-01-2027 POP End: 09-30-2028

Three (3) containers

Locations: rear of hospital

(1) container for recyclable

(1) adjacent to Engineering shop entrance

(1) mixed recyclable wood/municipal waste including pallets Contract Period: Option 4 POP Begin: 10-01-2027 POP End: 09-30-2028

Reporting/recycable proceeds, monthly reports.

POP Begin: 10-01-2027 POP End: 09-30-2028

B.3 PERFORMANCE WORK STATEMENT (PWS)

1.0 INTRODUCTION

The contractor shall furnish all labor, material, equipment (except for those specifically stated to be Government-Furnished), supplies, transportation, management and supervision necessary to perform all Solid Waste, Garbage, and Recycling Collection and Disposal Services at the Richmond VA Medical Center, 1201 Broad Rock Blvd., Richmond, VA 23249. This includes services necessary to eliminate, reduce, re-use and recycle materials as well as dispose of all wastes (not medical or hazardous) generated at the Richmond VA Medical Center.

The Contractor is responsible for the comprehensive management of the waste and recyclable materials to include program development and tracking, and marketing of the recyclable commodities to ensure the program objectives are met.

1.1 Definitions:

Solid Waste/Garbage:

a. Miscellaneous Waste: Combustible and non-combustible materials such as paper, wrapping, cartons, metal, glass, floor sweepings, grass cutting, tree trimming, street sweepings, waste products, waste paper, lumber, animal bedding, and all other non-classifiable waste.

b. Non-edible Garbage: Coffee grounds, tealeaves, banana peels, citrus fruit rinds, and similar materials left over from meals and or their preparation.

Recyclable Material: Scrap metal, metal beverage containers, glass (clear, brown, green), mixed paper, cardboard/pressboard, plastics, scrap wood (including pallets), rags/textile wastes, grease, tires, and C&D material (electrical wire, wood, windows, concrete, rebar, inert materials, scrap metal).

This contract will not cover hazardous chemical waste disposal or radioactive materials.

2.0 PROGRAM OBJECTIVES

2.1 This initiative is a strategic sourcing partnership in which the Richmond VAMC wishes to collaborate closely with the selected contractor to meet goals while creating value for both parties through savings from improved resource efficiency. It is intended that the service provider will increase diversion, working in partnership with Richmond VAMC, its employees and contractors.

2.2 Solid Waste Diversion. The Richmond VAMC embraces and is bound by Executive Order 13101, Greening the Government through Waste Prevention, Recycling, and Federal Acquisition. Solid waste diversion is a major focus of this contract and the Contractor is expected to work to improve the installation’s diversion rate by improving techniques and methods and researching new markets for items not currently recycled.

2.3 Pursue continuous improvement in resource efficiency (increased diversion through reuse, recycling, composting, waste to energy conversion) to support Executive Orders Federal Leadership in Environmental, Energy, and Economic Performance as well as Greening the Government through Waste Prevention, Recycling, and Federal Acquisition.

2.3.1 In collaboration with the Richmond VAMC identify, design, and implement innovative, cost-effective means to increase diversion and increase recycling with the additional benefits of reducing refuse collection and disposal costs.

2.3.2 Optimize current hauling, garbage disposal, and recycling operations and services to reduce overall waste management system costs.

2.3.3 Develop a detailed tracking, reporting, and billing/invoicing system to support the goal setting, performance tracking, and decision-making ability.

3.0 TECHNICAL REQUIREMENTS

3.1 The contractor shall schedule and perform all solid waste, garbage and recycling collection and disposal services for the Richmond VAMC in accordance with the schedule of supplies and services and all terms and conditions herein.

3.2 Collections shall be made in contractor provided containers which must be fully enclosed, rat-proof, leak proof, fire retarding, kept clean and sanitized by the vendor. Any trash or garbage scattered by the contractor on the Medical Center grounds shall be recovered and removed by the contractor. The pick-up areas shall be left in a neat, clean, uniform and safe condition at all times. Vendor shall dispose of any trash or refuse around the receptacles that has been laid on the ground due to overflow of the containers.

3.3 In addition to contractor furnished equipment, contractor shall be responsible for removal / reattachment and haul of Government owned 35 yard San-I-Pak compactor roll-off container for disposal of compacted waste.

3.4 Contractor shall dispose of the solid waste, garbage and recycling in such a manner as not to cause conditions detrimental to public health or to constitute a public nuisance. The contractor shall assume full responsibility for compliance with all Federal, State, City and County laws, rules and regulations governing the removal and disposal of waste materials.

3.5 Pick-Up Schedules: The Contractor shall furnish and maintain, at all times, containers at pickup stations designated for trash and recyclables and at the frequency outlined in the schedule of supplies and services. All containers shall be accomplished Monday through Friday between the hours of 7:00 am and 3:30 pm. The Contracting Officer’s Technical Representative (COR) shall be notified in advance of any deviations from the regular schedule.

3.5.1 Unscheduled Pickups, Additional Pickups and Special Events: In addition to the scheduled collections, the COR may request the contractor to make unscheduled collections and disposals. For unscheduled events, the contractor shall respond within one business day of notification from the COR. For special events, the contractor shall also provide (or re-position as directed) containers. These containers shall be placed in locations for a length of time designated by the COR. The contractor will be compensated at the same price as stated in the price schedule.

3.6 The contractor shall be responsible for any and all spills or leaks that occur during the performance of this contract. The contractor shall clean up such spills or leaks in a timely manner to the satisfaction of all federal, state, local agencies, or other authority having jurisdiction at no additional cost to the Department of Veterans Affairs, Richmond VAMC.

3.7 The contractor shall comply with all VA, Federal, State, local, environmental and hazardous laws, regulations, directives and applicable instructions pertaining to the services required herein and to the conduct and qualifications of personnel in performance of this contract. The contractor shall utilize safe products and equipment and qualified personnel to ensure the health and safety of all in compliance with the Environmental Protection Agency (EPA) and the Occupational and Safety Hazard Administration (OSHA). All solid waste recyclable items shall be taken to a permitted Material Recovery Processing Facility.

3.8 The Contractor shall have in place and maintain a valid contingency plan to meet the requirements of the contract whenever trash cannot be handled by or at the primary transportation or processing facilities due to interruption of service or failure of equipment. The Contractor shall incur all costs associated with fulfilling this contingency plan as well as alternate contingency plans at no additional expense to the Government. Written documentation shall be made available to the Government that the contingency plan is in accordance with all Federal, State, Municipal and local specifications and regulations for storage, transportation and disposal of trash. Additionally, the Contractor shall be liable for all expenses incurred by the Government due to Contractor inability to perform all terms of the contract.

4.0 DISPOSAL

a. Refuse Disposal: All refuse, bulk items and debris shall be disposed of to a location licensed by the State of Virginia following all Federal, State and local licenses and regulations for such purposes. The Contractor shall obtain all necessary permits for disposing of refuse; and, copies of these permits shall be submitted to the COR for approval. If the contractor changes the location of the site, a new permit shall be obtained and a copy again shall be submitted to the COR for approval after concurrence of the Contracting Officer (CO). All payments for the permit shall be at the Contractor’s own expense.

b. Recycling Disposal: All items shall be taken to a permitted Material Recovery Processing Facility. The Contractor shall comply with all Federal, State and local licenses and regulations for such purposes. The Contractor shall monitor and evaluate disposal practices to ensure that the receptacles are reaching their intended recycling destinations. The contractor shall obtain all necessary permits for handling recyclables and copies shall be submitted to the COR for approval. All payments for the permits shall be at the Contractor’s own expense. The reimbursable tipping fees shall not exceed the approved landfill rates.

5.0 RECYCLABLE MATERIALS PROCESSING

The contractor shall provide a detailed accounting of recyclable commodities collected. The accounting will be by type (plastic, metal, etc), per ton. The Contractor shall conduct direct sales of recyclable commodities, with 100 percent of the revenues generated by the resale of recyclable commodities to be submitted to the government.

Materials. The following items shall be recycled: Scrap metal, metal beverage containers, glass (clear, brown, green), mixed paper, cardboard/pressboard, plastics, scrap wood (including pallets), rags/textile wastes, grease, tires, and C&D material (electrical wire, wood, windows, concrete, rebar, inert materials, scrap metal). Contractor may recycle materials not listed above with prior approval of the CO/COR. All recyclable items shall be stored, shipped and disposed of in accordance with federal and local environmental regulations.

6.0 REPORTS AND RECORDS

The Contractor shall provide a monthly Solid Waste and Recycling Report by the 15th of each month to the COR detailing total tonnage of refuse collected, disposal location, landfill/steam plant tipping fees and weight tickets, materials collected and recycled by commodity, proceeds from recyclable sales by commodity and buyers. Metals shall be identified by the type of metal, i.e. steel or copper.

a. Solid waste reports shall show the total daily tonnage of refuse collected and disposed of and the specific place of disposal (e.g. incinerator, sanitary landfill, or other disposal area). If specific areas of county landfills are designated, this shall also be noted.

b. Recycling reports shall show the total weight of each type of recyclable material collected, the percentage recycled, and the name of the permitted Material Recovery Processing Facility utilized.

c. Sales Receipts and Proceeds: The Contractor shall submit all recyclable materials sales receipts and proceeds to a designated Richmond VAMC government representative. The sales receipts shall contain the weight, type, price of the item recycled and the buyer.

7.0 SPECIAL COLLECTION SITUATIONS

a. Hazardous Materials: The Contractor shall inform the COR of any hazardous materials (i.e. batteries, tires) found in the performance of this project and ensure they are not disposed of until coordinated by the COR through the CO. The contractor shall comply with all Federal, State and Local environmental laws and regulations when handling hazardous materials.

b. Large/Bulky Items: The contractor is not required to pick up bulk items left near the containers. Bulk items could be trees, appliances, metal items, construction material, scrap equipment, etc. or any item that is larger than 1 cubic yard (cy). The contractor shall provide one 30-cy container near the Engineering Shop entrance where the VA may dispose of construction debris and bulk items. Contractor shall also provide one 30-cy container in the back of the hospital for collection and recycling of scrap metal. This would include appliances, metal items, shelving, scrap equipment, etc.

36C24623Q1340

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SECTION C - CONTRACT CLAUSES

C.1 52.212-4 CONTRACT TERMS AND CONDITIONS—COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES (DEC 2022)

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

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

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

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

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

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

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

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

(g) Invoice.

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

(i) Name and address of the Contractor;

(ii) Invoice date and number;

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

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

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

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

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

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

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

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

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

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

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

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

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

(i) Payment.—

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

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

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

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

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

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

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

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

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

(D) Contractor point of contact.

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

(6) Interest.

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

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

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

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

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

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

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

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

(A) The date fixed under this contract.

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

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

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

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

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

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

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

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

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

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

(l) Termination for the Government's convenience. The Government reserves the right to terminate this contract, or any part hereof, for its sole convenience. In the event of such termination, the Contractor shall immediately stop all work hereunder and shall immediately cause any and all of its suppliers and subcontractors to cease work. Subject to the terms of this contract, the Contractor shall be paid a percentage of the contract price reflecting the percentage of the work performed prior to the notice of termination, plus reasonable charges the Contractor can demonstrate to the satisfaction of the Government using its standard record keeping system, have resulted from the termination. The Contractor shall not be required to comply with the cost accounting standards or contract cost principles for this purpose. This paragraph does not give the Government any right to audit the Contractor's records. The Contractor shall not be paid for any work performed or costs incurred which reasonably could have been avoided.

(m) Termination for cause. The Government may terminate this contract, or any part hereof, for cause in the event of any default by the Contractor, or if the Contractor fails to comply with any contract terms and conditions, or fails to provide the Government, upon request, with adequate assurances of future performance. In the event of termination for cause, the Government shall not be liable to the Contractor for any amount for supplies or services not accepted, and the Contractor shall be liable to the Government for any and all rights and remedies provided by law. If it is determined that the Government improperly terminated this contract for default, such termination shall be deemed a termination for convenience.

(n) Title. Unless specified elsewhere in this contract, title to items furnished under this contract shall pass to the Government upon acceptance, regardless of when or where the Government takes physical possession.

(o) Warranty. The Contractor warrants and implies that the items delivered hereunder are merchantable and fit for use for the particular purpose described in this contract.

(p) Limitation of liability. Except as otherwise provided by an express warranty, the Contractor will not be liable to the Government for consequential damages resulting from any defect or deficiencies in accepted items.

(q) Other compliances. The Contractor shall comply with all applicable Federal, State and local laws, executive orders, rules and regulations applicable to its performance under this contract.

(r) Compliance with laws unique to Government contracts. The Contractor agrees to comply with 31 U.S.C. 1352 relating to limitations on the use of appropriated funds to influence certain Federal contracts; 18 U.S.C. 431 relating to officials not to benefit; 40 U.S.C. chapter 37, Contract Work Hours and Safety Standards; 41 U.S.C. chapter 87, Kickbacks; 41 U.S.C. 4712 and 10 U.S.C. 4701 relating to whistleblower protections; 49 U.S.C. 40118, Fly American; and 41 U.S.C. chapter 21 relating to procurement integrity.

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

(1) The schedule of supplies/services.

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

(3) The clause at 52.212-5.

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

(5) Solicitation provisions if this is a solicitation.

(6) Other paragraphs of this clause.

(7) The Standard Form 1449.

(8) Other documents, exhibits, and attachments

(9) The specification.

(t) [Reserved]

(u) Unauthorized Obligations.

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

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

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

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

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

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

(End of Clause) 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 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.

(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.3 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)).

(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…