36C24624Q0955.docx

36C24624Q0955

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

36C24624Q0955 06-07-2024 Byron Brown 757-315-2598 06-19-2024 12pm

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 X See CONTINUATION Page This solicitation is for medical waste removal for Salem VA Medical center and Lynchburg, Wytheville and Staunton CBOC's (Community Base Outpatient Clinics).

This is an SDVOSB Set-aside and must be registered with https://veterans.certify.sba.gov/ to be eligible for award.

852.219-75 must be completed to be eligible for award.

See CONTINUATION Page X X Byron Brown 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 Byron Brown

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

Medical Waste/Sharp waste for Salem VA, Wytheville VA, Staunton VA, Lynchburg Va in accordance with the PWS

Medical Waste/Sharps waste Contract Period: Base POP Begin: 07-01-2024 POP End: 06-30-2025 PRINCIPAL NAICS CODE: 562111 - Solid Waste Collection PRODUCT/SERVICE CODE: S205 - Housekeeping - Trash/Garbage Collection

Waste Chemo/Pathology Waste for Salem VA, Wytheville VA, Staunton VA, Lynchburg Va in accordance with the PWS Contract Period: Base POP Begin: 07-01-2024 POP End: 06-30-2025

Waste Pharmaceuticals for Salem VA, Wytheville VA, Staunton VA, Lynchburg Va in accordance with the PWS Contract Period: Base POP Begin: 07-01-2024 POP End: 06-30-2025

Medical Waste/Sharp waste for Salem VA, Wytheville VA, Staunton VA, Lynchburg Va in accordance with the PWS

Contract Period: Option 1 POP Begin: 07-01-2025 POP End: 06-30-2026

Waste Chemo/Pathology Waste for Salem VA, Wytheville VA, Staunton VA, Lynchburg Va in accordance with the PWS Contract Period: Option 1 POP Begin: 07-01-2025 POP End: 06-30-2026

Waste Pharmaceuticals for Salem VA, Wytheville VA, Staunton VA, Lynchburg Va in accordance with the PWS Contract Period: Option 1 POP Begin: 07-01-2025 POP End: 06-30-2026

Medical Waste/Sharp waste for Salem VA, Wytheville VA, Staunton VA, Lynchburg Va in accordance with the PWS Contract Period: Option 2 POP Begin: 07-01-2026 POP End: 06-30-2027

Waste Chemo/Pathology Waste for Salem VA, Wytheville VA, Staunton VA, Lynchburg Va in accordance with the PWS

POP Begin: 07-01-2026 POP End: 06-30-2027

Waste Pharmaceuticals for Salem VA, Wytheville VA, Staunton VA, Lynchburg Va in accordance with the PWS

POP Begin: 07-01-2026 POP End: 06-30-2027

Medical Waste/Sharp waste for Salem VA, Wytheville VA, Staunton VA, Lynchburg Va in accordance with the PWS

Contract Period: Option 3 POP Begin: 07-01-2027 POP End: 06-30-2028

Waste Chemo/Pathology Waste for Salem VA, Wytheville VA, Staunton VA, Lynchburg Va in accordance with the PWS Contract Period: Option 3 POP Begin: 07-01-2027 POP End: 06-30-2028

Waste Pharmaceuticals for Salem VA, Wytheville VA, Staunton VA, Lynchburg Va in accordance with the PWS Contract Period: Option 3 POP Begin: 07-01-2027 POP End: 06-30-2028

Medical Waste/Sharp waste for Salem VA, Wytheville VA, Staunton VA, Lynchburg Va in accordance with the PWS

Contract Period: Option 4 POP Begin: 07-01-2028 POP End: 06-30-2029

Waste Chemo/Pathology Waste for Salem VA, Wytheville VA, Staunton VA, Lynchburg Va in accordance with the PWS Contract Period: Option 4 POP Begin: 07-01-2028 POP End: 06-30-2029

Waste Pharmaceuticals for Salem VA, Wytheville VA, Staunton VA, Lynchburg Va in accordance with the PWS Contract Period: Option 4 POP Begin: 07-01-2028 POP End: 06-30-2029

PERFORMANCE WORK STATEMENT

Biohazardous Waste Removal Services for the Salem VA Health Care System (SVAHCS) February 13, 2024

CONTRACT REQUIREMENTS

D.1 GENERAL REQUIREMENTS

D.1.1. The Contractor shall furnish all labor, disposal equipment, containers that are appropriately sanitized, disinfected and labeled supplies, materials, labels, shipping containers, tubes and boxes, plastic bags, transportation and supervision required for pick-up, transport, and treatment services of biohazardous waste from various Department of Veterans Affairs (henceforth referred to as “VA”) Salem VA Health Care System (SVAHCS) medical facilities, and shall ensure proper management of Biohazardous Waste Compliance, Pharmaceutical Waste Compliance and Sharps Management services

D.1.2. The Contractor shall treat and/or dispose of biohazardous medical waste in accordance with all applicable State and Federal regulations, and VA requirements. Contractor shall maintain all necessary permits and licenses for the transportation, disposal, and treatment of such waste as required by the Virginia Department of Public Health, US Department of Transportation, and be a registered hazardous waste transporter with a current registration certificate issued by the State of Virginia and have all required insurances prior to the transport and/or disposal of subject waste. If contractor requires additional information, they may contact the Virginia Department of Public Health, Medical Waste Program.

D.1.3. The contractor shall provide a portable three (3) storage buildings for the collection and temporary storage of properly packaged medical waste, including sharps containers. The portable storage building shall be lockable, leak-proof, weather resistant, vandal resistant, insect/rodent resistant, and properly placarded with the international biological hazard symbol. The contractor shall place the portable storage building in the location approved by Facilities Management. Facilities Management shall provide appropriate locks and keys for the portable storage building.).

D.1.4. A copy of all required licenses, permits, proof-of-insurances, and a detailed list of all environmental regulatory agency violations for the past 3 years shall be provided to Contracting Officer upon award, and/or annually thereafter to the Contracting Officer’s Representative (COR).

D.1.5. Period of Performance:

This contract will be an Indefinite Delivery Indefinite Quantity (IDIQ) contract. The ordering period for the IDIQ contract will be five years from the date of award.

D.2. DEFINITIONS

D.2.1 BIOHAZARDOUS WASTE: Waste generated from the diagnosis, treatment, or immunization of human beings, or research pertaining to these activities. There are five (5) waste streams that include but is not limited to: waste with recognizable blood contamination, materials isolated by infection control staff, waste chemotherapy materials, pathological waste, sharps waste, and pharmaceutical waste. All biohazardous waste may also contain waste that is infectious or contagious, human, or animal surgery specimens, fluids or tissues.

D.2.1.1 CHEMOTHERAPY WASTE: Discarded items which have been contaminated by chemotherapeutic agents and are empty (i.e. remaining contents are not pourable). It includes bags, containers, vials, syringes, gauze, gloves, etc. This waste stream must be incinerated.

D.2.1.2 MEDICAL WASTE: Waste generated in the process of diagnosis, treatment and/or immunization of humans or animals. It is the highest volume of all of the waste streams. It includes trauma-scene waste.

D.2.1.3 PATHOLOGICAL WASTE: Human samples that have been fixed in formaldehyde or other fixatives, and recognizable human anatomical parts. This waste stream must be incinerated.

D.2.1.4 PHARMACEUTICAL WASTE: Any prescription or over the counter human or veterinary drug that is expired, unusable or cannot be returned to the supplier, and is NOT pharmaceutical waste regulated under the federal Resource and Conservation and Recovery Act (RCRA), the Radiation Control Act, or Controlled Substance Act (CSA). This waste stream must be incinerated.

D.2.1.5 SHARPS WASTE: Any device with potential biohazardous contamination having acute rigid corners, edges, or protuberances capable of cutting or piercing including; syringes, needles, needles with attached tubing, acupuncture needles, blades, and root canal files. Also includes broken glass items, such as pipettes, and blood vials contaminated with biohazardous waste. This waste stream must be incinerated or autoclaved.

D.2.2 TRANSFERRING: Virginia Health and Safety Code requires that all biohazardous waste be transported by a single registered hazardous waste hauler directly to a permitted medical waste treatment facility. Medical waste shall not be unloaded, reloaded, or transferred to another vehicle at any location, except at a permitted medical waste transfer station or in the case of a vehicle breakdown or other emergency.

D.2.3. HAZARDOUS MATERIAL: “Hazardous material” means any substance or mixture of substance which is toxic corrosive, flammable, an irritant, a strong sensitizer or which generates pressure through decomposition, heat or other means, if such a substance or mixture of substances may cause substantial injury, serious illness or harm to human, domestic livestock or wildlife. Hazardous material includes extremely hazardous material.

D.2.4 HAZARDOUS WASTE: “Hazardous waste” means any waste material or mixture of wastes which is regulated under the Federal Resource and Conservation and Recovery Act (RCRA).

D.2.5 US DEPARTMENT OF TRANSPORTATION (US DOT): The US Department Of Transportation is responsible for regulating the shipping containers and labeling of waste, placarding of shipping vehicles, and the transportation of waste.

D.3 TRANSPORTATION: Biohazardous waste shall be transported in accordance with Virginia Administrative Codes and Health & Safety Codes permitted by the Virginia Department of Public Health.

D.3.1 VEHICLE REGISTRATION: The contractor shall be a registered hazardous waste transporter with a current registration certificate issued by the State of Virginia. A current copy shall be maintained in every vehicle at all times and shall be made immediately available to the COR for review upon request.

Vehicles will be placarded in accordance with US Department of Transportation regulatory requirements.

D.3.2 US DOT PRE-TRANSPORTATION FUNCTION:

The contractor is responsible for performing the specific requirements under “Pre-Transportation Function” found in 49 CFR 171.8 as required to assure the safe transportation of a hazardous material. This includes proper shipping documents, packaging, labeling, placarding, inspection and other requirements.

D.3.3 DOT SHIPPING CONTAINERS: Shipping containers shall meet US DOT requirements. They shall be cleaned and disinfected before being brought to any site in accordance with VMWMA requirements. This includes the lids. All labels required by the VMWMA will be provided by the contractor. Labels for “PATH”, “WASTE CHEMO”, “SHARPS”, and “WASTE PHARM” will be provided to the sites so that shipping containers holding these waste streams can be properly labeled, as required by the VMWMA, during storage. Contractor furnished shipping containers shall be kept neat, in a clean and sanitary appearance, and repaired or replaced as necessary. The area where unused shipping containers are placed shall be maintained in a clean, orderly, and sanitary condition.

D.3.4 SPILL CLEAN-UP: The contractor shall be responsible for cleaning and decontaminating the area of any medical waste spill that occurs during pickup operations. Particular attention shall be paid to the prompt clean-up of spills, either generated from the vehicles used to haul waste containers or because of container leakage. Issues associated with site storage lockers shall be brought to the immediate attention of the COR.

D.3.5 LIST OF SITES AND WASTE STREAMS: The comprehensive list of waste streams, pick-up locations, frequency of pick-ups, and minimum stock levels of shipping containers for each site is maintained by the COR. It is subject to being updated, as needed, by the COR.

D.4 TREATMENT AND DISPOSAL: Contractor shall employ the best environmentally sound methods of treating and destruction of wastes such as incineration and sterilization or any other acceptable methods, in accordance with U.S. EPA and Virginia Department of Public Health standards and regulations. Disposal shall also be performed in such a manner as not to create conditions detrimental to public health or to constitute a public nuisance. Biohazardous waste shall be treated by one of the following methods, in accordance with Virginia Administrative Code, Health & Safety Code, and is permitted by the Virginia Department of Public Health Acceptable treatment methods include:

· Steam sterilization at a permitted facility,

· Incineration at a permitted facility, or

· Treatment with an alternative technology at a permitted facility, D.4.1 ALLOWABLE TREATMENT METHODS:

· Medical Waste: Any of the above methods.

· Sharps Waste: Any of the above methods.

· Chemotherapy Waste: Incineration or a VDPH approved/permitted alternative technology.

· Pathological Waste: Incineration or a VDPH approved/permitted alternative technology.

· Pharmaceutical Waste: Incineration or a VDPH approved/permitted alternative technology.

D.4.2 VDPH PERMITTED FACILITIES: The contractor shall use only Transfer Stations and Treatment/Disposal Facilities permitted by VDPH and approved by the COR for this contract. The contractor shall submit to the COR the names and copies of required certifications and licenses of proposed facilities prior to using any facilities on this contract. The COR shall be final approval authority to use any proposed facilities. The contractor shall provide the COR updated facility or permit information upon renewal or expiration of any permit. Additionally, the contractor shall provide upon request from the COR a summary of all regulatory violations for the prior 3 years.

D.5. QUALITY ASSURANCE

D.5.1 For the tasks listed in the Performance Requirement Table (PRT) below, the COR will follow the methods of surveillance specified in this contract.

D.5.2 When a required service in the PRT indicates defective performance, the COR will require the contract manager or representative at the site to document the observation and forward to the Contracting Officer to maintain in the file. The documentation of the observation does not necessarily constitute concurrence with the observation, only acknowledgment that he or she has been made aware of the defective performance. Government surveillance of tasks not listed in the PRT or by methods other than those listed in the PRT (such as provided for by the Inspection of Services clause) may occur during the performance period of this contract. Such surveillance will be done according to standard inspection procedures or other contract provisions. Any action taken by the contracting officer as a result of surveillance will be in accordance with the terms of this contract.

D.6. SHIPPING and SHARPS CONTAINERS

D.6.1. The Contractor shall provide, as part of the unit prices stated in Section B, shipping containers which are in good condition, clean, disinfected, have tight-fitting lids, durable, rigid, puncture-resistant, do not leak, and which are properly labeled, color-coded, clearly marked (or markable). Inspection for leaks and corrosion shall be performed routinely by the Contractor prior to furnishing containers to SAVHCS. Disposable containers shall be lined with red plastic bags that meet US DOT regulatory requirements. VA medical facility employees may distribute containers throughout the using facility and will return them to the waste storage pick-up area.

D.6.2. The contractor shall provide all regulatory-required labels for all shipping containers. Waste streams shall be properly labeled as required by VMWMA regulations.

D.6.3. The contractor may provide appropriate safe and sustainable containers, and container holders, as a standard service that provides comingling prevention and solutions for combining sharps and non-hazardous pharmaceutical waste in one reusable container, that ensures Pharmaceutical Waste Compliance and Sharps Management services.

D.7. DOCUMENTATION

D.7.1. The shipping document is required by VMWMA regulations and is used to track the waste from the point of generation to the designated disposal location. Upon request from the COR, a copy of the document and certificate-of-destruction shall be provided to the Contracting Officer or COR, confirming that the material has been properly handled and disposed. The Contractor shall provide a clearly readable copy of the shipping document for each pick-up.

D.7.2. At the time that the medical waste is picked up by the contractor, the transporter shall provide the medical waste generator with a copy of the tracking document for the generator’s medical waste records. The transporter and generator of medical waste shall maintain its copy of the tracking document for at least three years. The tracking document shall include, but not be limited to, all of the following information:

· The name, address, telephone number, and registration number of the transporter,

· The type and quantity of shipping containers of each type of biohazardous waste transported.

· The name, address, and telephone number of the generator site.

· The name, address, telephone number, permit number of the permitted facility receiving the waste.

· The date that the medical waste is collected or removed from the generator’s facility, the date that the medical waste is received by the transfer station, point of consolidation, if applicable, and the date that the waste is received by the treatment facility.

· The final copy of the biohazardous waste shipping document that has been signed by the disposal site must be sent to the Site Manager for each pick-up location.

D.7.2. REPORTS: The Contractor shall also provide, in accordance with applicable regulation, a detailed activity statement which shows in columnar form information including, but not limited to, the service date, pick-up location, container/tub number, weight (in pounds) of each container, type of waste stream, disposal method, disposal location, and other important data, as requested by the COR. The report shall have the capability to segregate data by site and type of waste. This report shall be provided monthly and for each fiscal year. The format of the report shall be approved by the COR and is subject to changes as requested by the COR.

Safety Officer’s name, telephone number and address will be provided to Contractor at the time of award.

D.7.3. WEIGHING SYSTEM: The Contractor shall provide a certifiable weighing system to enable proper billing for “tare weight” waste poundage disposed, i.e., if the disposal container weighs 10 pounds and the Contractor is to dispose of 10 containers, each container shall be weighed and container total weight (100) pounds is subtracted from the gross container weight to determine the total waste poundage to be recorded. Scales shall be calibrated by a third-party vendor and proof of calibration will be provided to the COR upon request.

D.8. SERVICE LOCATION / FREQUENCY OF PICKUPS FOR SVAHCS:

D.8.1 The following are the sites to be serviced and minimum pick-up frequency. Other locations may be added as needed by the COR. Pick-up frequencies are subject to change by the COR.

· Salem VA Medical Center: 1970 Roanoke Blvd. Salem, Virginia

· Wytheville VA Clinic, 165 Peppers Ferry Rd, Wytheville, Virginia

· Staunton VA Clinic 42 Lambert St, Staunton, Virginia

· Lynchburg VA Clinic 1600 Lakeside Dr, Lynchburg, Virginia

D.8.2. Perspective clinics, resulting from expansion within the SVAHCS shall be added through contractual modification of service obligations. Any additional sites within the Salem VA Health Care System (SVAHCS), that results in a 50% increase or decrease of service obligations will be considered in-scope.

D.9 SAFETY TRAINING

D.9.1. Contractor to provide training as required by all applicable regulations to its’ employees. Copies of training records and training materials shall be provided to the SVAHCS COR upon request.

D.9.2. Contractor shall comply with all applicable Virginia Division of Occupational Safety and Health Agency regulations on workers’ safety standards and related training. All Contractor personnel involved in the performance of this contract shall have received training regarding the handling of infectious materials, and emergency procedures to be followed in case of a spill. Certification of such training must be provided within fifteen days of receiving notice of award of the contract. It shall include a list of all safety and environmental training courses provided to all personnel that handle biohazardous waste, a detailed summary of what is covered in each course, and the frequency of training. Certification for any new employees shall be provided to the SVAHCS COR upon request.

D.10. INTERFERENCE TO NORMAL FUNCTION

Contractor personnel are required to interrupt their work at any time to avoid interference with patient care procedures and the normal function of the facility, including utility services, fire protection systems, and passage of facility patients, personnel, equipment, and carts. Vehicles shall not obstruct the flow of other vehicles.

D.11. MODIFICATION

Any modification to the contract shall be in writing. The modification will be prepared by the VA Contracting Officer prior to becoming effective.

B.3 SPECIAL CONTRACT REQUIREMENTS

A. WORK HOURS.

The services covered by this contract shall be furnished by the contractor as defined herein. The contractor shall not be required, except in case of emergency, to furnish such services on Federal Holidays or during off duty hours as described below.

The following terms have the following meanings:

2.1. Normal working hours: Monday through Friday, 7:30 a.m. – 4:00 p.m., excluding federal holidays. The 10 holidays observed by the Federal Government are:

Work outside these hours must be prescheduled and approved by the COR.

When one of the holidays falls on Sunday, the following Monday shall be observed as a Federal Holiday. When a holiday falls on a Saturday, the preceding Friday shall be observed as a Federal Holiday.

Smoking Policy Per VHA Directive 1085 Dated 3/15/19 All VA Health Care Facilities shall be smoke free. This directive applies to all patients, visitors, contractors, volunteers, and vendors.

B. BILLING AND PAYMENT.

To allow time for review and acceptance of reports and all services, the Contractor shall invoice Monthly in arrears

Invoices shall include at a minimum:

· Date of invoice

· Contract Number

· Purchase Order Number

· Vendor Name

· Invoice Number

· CLIN & Date of service

C. CONTRACTOR PERFORMANCE ASSESSMENT REPORTING SYSTEM (CPARS).

(a) FAR 42.1502 direct all Federal agencies to collect past performance information on contracts. The Department of Veterans Affairs has implemented use of the Contractor Performance Assessment Reporting System (CPARS) to comply with this regulation. One or more past performance evaluations will be conducted in order to record your contract performance as required by FAR 42.15

(b) The past performance evaluation process is a totally paperless process using CPARS. CPARS is a web-based system that allows for electronic processing of the performance evaluation report. Once the report is processed, it is available in the Past Performance Information Retrieval System (PPIRS) for Government use in evaluating past performance as part of a source selection action.

(c) Please furnish the Contracting Officer with the name, position title, phone number, and email address for each person designated to have access to your firm’s past performance evaluation(s) for the contract no later than 30 days after award. Each person granted access will have the ability to provide comments in the Contractor portion of the report and state whether or not the Contractor agrees with the evaluation, before returning the report to the Assessing Official. The report information must be protected as source selection sensitive information not releasable to the public.

(d) When your Contractor Representative(s) (Past Performance Points of Contact) are registered in CPARS, they will receive an automatically-generated email with detailed login instructions. Further details, system requirements, and training information for CPARS are available at www.cpars.gov. The CPARS User Manual, registration for online training for Contractor Representatives may be found at this site.

(e) Within 60 days after the end of a performance period, the Contracting Officer will complete an interim or final past performance evaluation and the report will be accessible at www.cpars.gov Contractor Representatives may then provide comments in response to the evaluation, or return the evaluation without comment. Comments are limited to the space provided in Block 22. Your comments should focus on objective facts in the Assessing Official’s narrative and should provide your views on the causes and ramifications of the assessed performance. In addition to the ratings and supporting narratives, blocks 1-17 should be reviewed for accuracy, as these include key fields that will be used by the Government to identify your firm in future source selection evaluations. If you elect not to provide comments, please acknowledge receipt of the evaluation by indicating, “No Comment” in Block 22, and then signing and dating Block 23 of the form. Without a statement in Block 22, you will be unable to sign and submit the evaluation back to the Government. If you do not sign and submit the CPAR within 30 days, it will automatically be returned to the Government and will be annotated: “The report was delivered/received by the contractor on (date). The contractor neither signed nor offered comment in response to this assessment.” Your response is due within 30 calendar days after receipt of the CPAR.

(f) The following guidelines apply concerning your use of the past performance evaluation:

(1) Protect the evaluation as “source selection information.” After review, transit the evaluation by completing and submitting the form through CPARS. If for some reason you are unable to view and/or submit the form through CPARS, contact the Contracting Officer for instructions.

(2) Strictly control access to the evaluation within your organization. Ensure the evaluation is never released to persons or entities outside of your control.

(3) Prohibit the use of or reference to evaluation data for advertising, promotional material, pre-award surveys, responsibility determination, production readiness reviews, or other similar purposes.

(g) If you wish to discuss a past performance evaluation, you should request a meeting in writing to the Contracting Officer no later than seven days following your receipt of the evaluation. The meeting will be held in person or via telephone or other means during your 30-day review period.

(h) A copy of the completed past performance evaluation will be available in CPARS for your viewing and for Government use supporting source selection actions after it has been completed.

D. QUALITY CONTROL

The Contractor shall develop a Quality Assurance Plan (QAP) which will provide the Contractor’s strategy for monitoring performance internally, providing performance information to the Government, and reporting in compliance with the PWS. Within the QAP, the Contractor shall propose and maintain an established reporting system to promptly notify VA of any problems, issues, risks, or concerns with workflow performance, programmatic improvement, security, and schedule adherence. Quality control is the exclusive responsibility of the Contractor.

The final plan shall be submitted to the CO and COR within 30 days of contract award.

E. QUALITY ASSURANCE SURVEILLANCE PLAN

The Government intends to utilize a Quality Assurance Surveillance Plan (QASP) to monitor the quality of the contractor’s performance. The oversight provided for in the order and in the QASP will help to ensure that service levels reach and maintain the required levels throughout the contract term. Further, the QASP provides the COR with a proactive way to avoid unacceptable or deficient performance and provides verifiable input for the required Past Performance Information Assessments. The QASP will be finalized immediately following award. The QASP is a living document and may be updated by the Government as necessary.

F. BACKGROUND INVESTIGATIONS

A full background check is not required for this position; however all contract employees must bring photo identification and advance notice from the requiring service to obtain a VA Badge in order to work on a VA Facility.

Upon award, the CO shall provide the contractor with detailed instructions on fulfilling security requirements

G. CONTRACT ADMINISTRATION

Notwithstanding the Contractor's responsibility for total management during the performance of this contract, the administration of the contract will require maximum coordination between the Government and the Contractor.

The Contracting Officer is the only person authorized to approve changes or modify any of the requirements of this contract. The Contractor shall communicate with the Contracting Officer on all matters pertaining to contract administration. Only the Contracting Officer is authorized to make commitments or issue changes that shall affect price, quantity or quality of performance of this contract.

The COR shall be responsible for the overall technical administration of this contract as outlined in the COR Delegation of Authority.

IN THE EVENT THE CONTRACTOR EFFECTS ANY SUCH CHANGE AT THE DIRECTION OF

ANY PERSON OTHER THAN THE CONTRACTING OFFICER WITHOUT AUTHORITY, NO ADJUSTMENT SHALL BE MADE IN THE CONTRACT PRICE TO COVER AN INCREASE IN COSTS INCURRED AS A RESULT THEREOF

POINTS OF CONTACT

Contract Officer (CO) Byron Brown Department of Veterans Affairs Network Contracting Office (NCO) 6 100 Emancipation Drive, Bldg. 27 Hampton, Virginia 23667 Byron.Brown4@va.gov

Contracting Officer’s Representative (COR)

TBD

36C24624Q0955

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SECTION C - CONTRACT CLAUSES

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.1 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.

(End of Clause)

C.2 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) years.

(End of Clause)

C.3 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.4 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 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 purchases). When a contract includes both services and supplies, the 50 percent limitation shall apply only to the service portion of the contract.

(2) Supplies/products.

(i) In the case of a contract for supplies or products (other than from a non-manufacturer of such supplies), the SDVOSB prime contractor will not pay more than 50% of the amount paid by the government to the prime for contract performance, excluding the cost of materials, to firms that are not certified SDVOSBs listed in the SBA certification database. When a contract includes both supply and services, the 50 percent limitation shall apply only to the supply portion of the contract.

(ii) In the case of a contract for supplies from a non-manufacturer, the SDVOSB prime contractor will supply the product of a domestic small business manufacturer or processor, unless a waiver as described in 13 CFR 121.406(b)(5) has been granted. Refer to 13 CFR 125.6(a)(2)(ii) for guidance pertaining to multiple item procurements.

(3) General construction. In the case of a contract for general construction, the SDVOSB prime contractor will not pay more than 85% of the amount paid by the government to the prime for contract performance, excluding the cost of materials, to firms that are not certified SDVOSBs listed in the SBA certification database.

(4) Special trade construction contractors. In the case of a contract for special trade contractors, no more than 75% of the amount paid by the government to the prime for contract performance, excluding the cost of materials, may be paid to firms that are not certified SDVOSBs listed in the SBA certification database.

(5) Subcontracting. An SDVOSB subcontractor must meet the NAICS size standard assigned by the prime contractor and be certified and listed in the SBA certification database to count as similarly situated. Any work that a first tier SDVOSB subcontractor further subcontracts will count towards the percent of subcontract amount that cannot be exceeded. For supply or construction contracts, the cost of materials is excluded and not considered to be subcontracted. When a contract includes both services and supplies, the 50 percent limitation shall apply only to the portion of the contract with the preponderance of the expenditure upon which the assigned NAICS is based. For information and more specific requirements, refer to 13 CFR 125.6.

(e) Required limitations on subcontracting compliance measurement period. An SDVOSB shall comply with the limitations on subcontracting as follows:

[] By the end of the base term of the contract or order, and then by the end of each subsequent option period; or [] By the end of the performance period for each order issued under the contract.

(f) Joint ventures. A joint venture may be considered eligible as an SDVOSB if the joint venture complies with the requirements in 13 CFR 128.402 and the managing joint venture partner makes the representations under paragraph (c) of this clause. A joint venture agrees that, in the performance of the contract, the applicable percentage specified in paragraph (d) of this clause will be performed by the aggregate of the joint venture participants.

(g) Precedence. The VA Veterans First Contracting Program, as defined in VAAR 802.101, subpart 819.70, and this clause, takes precedence over any inconsistencies between the requirements of the SBA Veteran Small Business Certification Program and the VA Veterans First Contracting Program.

(h) Misrepresentation. Pursuant to 38 U.S.C. 8127(g), any business concern, including all its principals, that is determined by VA to have willfully and intentionally misrepresented a company’s SDVOSB status is subject to debarment from contracting with the Department for a period of not less than five years (see VAAR 809.406–2 Causes for Debarment).

(End of Clause) C.5 VAAR 852.219-75 VA NOTICE OF LIMITATIONS ON SUBCONTRACTING—CERTIFICATE OF COMPLIANCE FOR SERVICES AND CONSTRUCTION (JAN 2023) (DEVIATION)

(a) Pursuant to 38 U.S.C. 8127(l)(2), the offeror…