36C24718R0088-002.docx

36C24718R0088

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.

DUNS:

DUNS+4:

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. 2/2012)

PREVIOUS EDITION IS NOT USABLE

Prescribed by GSA - FAR (48 CFR) 53.212

7. FOR SOLICITATION

INFORMATION CALL:

STANDARD FORM 1449

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

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS

509-18-3-5081-0011 36C24718R0088 Odessa White 707-733-0188 X1104 03-22-2018

2PM EST

Department of Veterans Affairs VISN 7 Network Contracting Activity 501 Greene Street Hatcher Building - Suite 2 Augusta

GA

30901 X X Y 562112 $38.5 Million Net 30 X N/A X Department of Veterans Affairs VISN 7 Network Contracting Activity 501 Greene Street Augusta

GA

30901 Department of Veterans Affairs VISN 7 Network Contracting Activity 501 Greene Street Hatcher Building - Suite 2 Augusta

GA

30901

Department of Veterans Affairs

FMS-VA-2 (101)

Financial Services Center P.O. Box 149971 Austin

TX

78714-9971 See CONTINUATION Page The contractor shall provide a total turn key re-useable sharp container exchange system in accordance with the statement of work.

Prior to submitting proposal, please review all documentation, including statement of work, basis of award and addendum 52.212-1.

See CONTINUATION Page X X Table of Contents

Site Visit A Site Visit will be held at the Charlie Norwood VA Medical Center, Augusta GA 30901.

1. The site visit will be held on Tuesday 13 March 2018 at 10 am local time.

1. Offerors are encouraged to notify the contract specialist of their plans to attend. Notification should include: Company Name, Address, Names of Attendees, and Phone No. Attendance Notification should be received on or before Monday 9 March 2018, via E-mail no later than 12 PM. The E-mail and phone numbers are provided below:

Contracting Office, NCO7, Augusta GA 30901 J. Odessa White Contract Specialist, 706-733-0188 x1104 jacquetta.white09@va.gov

1. The date set for this site visit is the only date. Contractor’s unable to attend the site visit on the set date, may submit questions regarding the solicitation in accordance with the Request for Proposal.

1. Site Visit Address Charlie Norwood VA Medical Center Room 1B173 950 15th Street Augusta, GA 30901

Clause- 52.237-1 Site Visit

Page 1 of

SECTION B - CONTINUATION OF SF 1449 BLOCKS

B.1 CONTRACT ADMINISTRATION DATA

(continuation from Standard Form 1449, block 18A.)

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

a. CONTRACTOR:

b. GOVERNMENT: Contracting Officer 36C247 Department of Veterans Affairs VISN 7 Network Contracting Activity 501 Greene Street Hatcher Building - Suite 2 Augusta GA 30901

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.

Department of Veterans Affairs

FMS-VA-2 (101)

Financial Services Center P.O. Box 149971 Austin TX 78714-9971 ACKNOWLEDGMENT OF AMENDMENTS: The offeror acknowledges receipt of amendments to the Solicitation numbered and dated as follows:

B.2 LIMITATIONS ON SUBCONTRACTING-- MONITORING AND COMPLIANCE (JUN 2011)

This solicitation includes . Accordingly, any contract resulting from this solicitation will include this clause. The contractor is advised in performing contract administration functions, the CO may use the services of a support contractor(s) retained by VA to assist in assessing the contractor's compliance with the limitations on subcontracting or percentage of work performance requirements specified in the clause. To that end, the support contractor(s) may require access to contractor's offices where the contractor's business records or other proprietary data are retained and to review such business records regarding the contractor's compliance with this requirement. All support contractors conducting this review on behalf of VA will be required to sign an “Information Protection and Non-Disclosure and Disclosure of Conflicts of Interest Agreement” to ensure the contractor's business records or other proprietary data reviewed or obtained in the course of assisting the CO in assessing the contractor for compliance are protected to ensure information or data is not improperly disclosed or other impropriety occurs. Furthermore, if VA determines any services the support contractor(s) will perform in assessing compliance are advisory and assistance services as defined in FAR 2.101, Definitions, the support contractor(s) must also enter into an agreement with the contractor to protect proprietary information as required by FAR 9.505-4, obtaining access to proprietary information, paragraph (b). The contractor is required to cooperate fully and make available any records as may be required to enable the CO to assess the contractor's compliance with the limitations on subcontracting or percentage of work performance requirement.

B.3 52.212-4 CONTRACT TERMS AND CONDITIONS—COMMERCIAL ITEMS (JAN 2017)

(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 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 32.608-2 of the Federal Acquisition Regulation 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. 2409 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) System for Award Management (SAM).

(1) Unless exempted by an addendum to this contract, the Contractor is responsible during performance and through final payment of any contract for the accuracy and completeness of the data within the SAM database, and for any liability resulting from the Government's reliance on inaccurate or incomplete data. To remain registered in the SAM database after the initial registration, the Contractor is required to review and update on an annual basis from the date of initial registration or subsequent updates its information in the SAM database to ensure it is current, accurate and complete. Updating information in the SAM does not alter the terms and conditions of this contract and is not a substitute for a properly executed contractual document.

(2)(i) If a Contractor has legally changed its business name, "doing business as" name, or division name (whichever is shown on the contract), or has transferred the assets used in performing the contract, but has not completed the necessary requirements regarding novation and change-of-name agreements in FAR subpart 42.12, the Contractor shall provide the responsible Contracting Officer a minimum of one business day's written notification of its intention to (A) change the name in the SAM database; (B) comply with the requirements of subpart 42.12; and (C) agree in writing to the timeline and procedures specified by the responsible Contracting Officer. The Contractor must provide with the notification sufficient documentation to support the legally changed name.

(ii) If the Contractor fails to comply with the requirements of paragraph (t)(2)(i) of this clause, or fails to perform the agreement at paragraph (t)(2)(i)(C) of this clause, and, in the absence of a properly executed novation or change-of-name agreement, the SAM information that shows the Contractor to be other than the Contractor indicated in the contract will be considered to be incorrect information within the meaning of the "Suspension of Payment" paragraph of the electronic funds transfer (EFT) clause of this contract.

(3) The Contractor shall not change the name or address for EFT payments or manual payments, as appropriate, in the SAM record to reflect an assignee for the purpose of assignment of claims (see Subpart 32.8, Assignment of Claims). Assignees shall be separately registered in the SAM database. Information provided to the Contractor's SAM record that indicates payments, including those made by EFT, to an ultimate recipient other than that Contractor will be considered to be incorrect information within the meaning of the "Suspension of payment" paragraph of the EFT clause of this contract.

(4) Offerors and Contractors may obtain information on registration and annual confirmation requirements via SAM accessed through https://www.acquisition.gov.

(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)

B.4 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 .

(End of Clause)

B.5 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 ; provided that the Government gives the Contractor a preliminary written notice of its intent to extend at least 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 .

(End of Clause) B.6 VAAR 852.203-71 DISPLAY OF DEPARTMENT OF VETERAN AFFAIRS HOTLINE POSTER (DEC 1992)

(a) Except as provided in paragraph (c) below, the Contractor shall display prominently, in common work areas within business segments performing work under VA contracts, Department of Veterans Affairs Hotline posters prepared by the VA Office of Inspector General.

(b) Department of Veterans Affairs Hotline posters may be obtained from the VA Office of Inspector General (53E), P.O. Box 34647, Washington, DC 20043-4647.

(c) The Contractor need not comply with paragraph (a) above if the Contractor has established a mechanism, such as a hotline, by which employees may report suspected instances of improper conduct, and instructions that encourage employees to make such reports.

(End of Clause)

B.7 VAAR 852.203-70 COMMERCIAL ADVERTISING (JAN 2008)

The bidder or offeror agrees that if a contract is awarded to him/her, as a result of this solicitation, he/she will not advertise the award of the contract in his/her commercial advertising in such a manner as to state or imply that the Department of Veterans Affairs endorses a product, project or commercial line of endeavor.

(End of Clause) B.8 VAAR 852.219-10 VA NOTICE OF TOTAL SERVICE-DISABLED VETERAN-OWNED SMALL BUSINESS SET-ASIDE (JUL 2016)(DEVIATION)

(a) Definition. For the Department of Veterans Affairs, “Service-disabled veteran-owned small business concern or SDVSOB”:

(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 verified for ownership and control pursuant to 38 CFR 74 and is so listed in the Vendor Information Pages database, (https://www.vip.vetbiz.gov); and

(v) The business will comply with subcontracting limitations in 13 CFR 125.6, as applicable

(2) “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).

(b) General.

(1) Offers are solicited only from verified service-disabled veteran-owned small business concerns. Offers received from concerns that are not verified service-disabled veteran-owned small business concerns shall not be considered.

(2) Any award resulting from this solicitation shall be made to a verified service-disabled veteran-owned small business concern.

(c) Agreement. A service-disabled veteran-owned small business concern agrees that in the performance of the contract, the concern will comply with the limitation on subcontracting requirements in 13 CFR §125.6.

(d) A joint venture may be considered a service-disabled veteran owned small business concern if the joint venture complies with the requirements in 13 CFR 125.15, provided that any reference therein to SDVO SBC is to be construed to apply to a VA verified SDVOSB as appropriate.

(e) Any service-disabled veteran-owned small business concern (non-manufacturer) must meet the requirements in FAR 19.102(f) of the Federal Acquisition Regulation to receive a benefit under this program.

(End of Clause)

B.9 VAAR 852.232-72 ELECTRONIC SUBMISSION OF PAYMENT REQUESTS (NOV 2012)

(a) Definitions. As used in this clause—

(1) Contract financing payment has the meaning given in FAR 32.001.

(2) Designated agency office has the meaning given in 5 CFR 1315.2(m).

(3) Electronic form means an automated system transmitting information electronically according to the Accepted electronic data transmission methods and formats identified in paragraph (c) of this clause. Facsimile, email, and scanned documents are not acceptable electronic forms for submission of payment requests.

(4) Invoice payment has the meaning given in FAR 32.001.

(5) Payment request means any request for contract financing payment or invoice payment submitted by the contractor under this contract.

(b) Electronic payment requests. Except as provided in paragraph (e) of this clause, the contractor shall submit payment requests in electronic form. Purchases paid with a Government-wide commercial purchase card are considered to be an electronic transaction for purposes of this rule, and therefore no additional electronic invoice submission is required.

(c) Data transmission. A contractor must ensure that the data transmission method and format are through one of the following:

(1) VA’s Electronic Invoice Presentment and Payment System. (See Web site at http://www.fsc.va.gov/einvoice.asp.)

(2) Any system that conforms to the X12 electronic data interchange (EDI) formats established by the Accredited Standards Center (ASC) and chartered by the American National Standards Institute (ANSI). The X12 EDI Web site (http://www.x12.org) includes additional information on EDI 810 and 811 formats.

(d) Invoice requirements. Invoices shall comply with FAR 32.905.

(e) Exceptions. If, based on one of the circumstances below, the contracting officer directs that payment requests be made by mail, the contractor shall submit payment requests by mail through the United States Postal Service to the designated agency office. Submission of payment requests by mail may be required for:

(1) Awards made to foreign vendors for work performed outside the United States;

(2) Classified contracts or purchases when electronic submission and processing of payment requests could compromise the safeguarding of classified or privacy information;

(3) Contracts awarded by contracting officers in the conduct of emergency operations, such as responses to national emergencies;

(4) Solicitations or contracts in which the designated agency office is a VA entity other than the VA Financial Services Center in Austin, Texas; or

(5) Solicitations or contracts in which the VA designated agency office does not have electronic invoicing capability as described above.

(End of Clause)

B.10 VAAR 852.237-70 CONTRACTOR RESPONSIBILITIES (APR 1984)

The contractor shall obtain all necessary licenses and/or permits required to perform this work. He/she shall take all reasonable precautions necessary to protect persons and property from injury or damage during the performance of this contract. He/she shall be responsible for any injury to himself/herself, his/her employees, as well as for any damage to personal or public property that occurs during the performance of this contract that is caused by his/her employees fault or negligence, and shall maintain personal liability and property damage insurance having coverage for a limit as required by the laws of the State of . Further, it is agreed that any negligence of the Government, its officers, agents, servants and employees, shall not be the responsibility of the contractor hereunder with the regard to any claims, loss, damage, injury, and liability resulting there from.

(End of Clause)

(End of Addendum to 52.212-4)

Statement of Work Charlie Norwood VA Medical Center Augusta Georgia Reusable Sharps Container

1. General

1.1. Services:

Contractor to furnish all supplies & labor to operate and manage a sharps waste container exchange system. This is a total turn key service where contractor staff will order, deliver, handle, change out, transport, treat and dispose of all sharp related waste streams in strict accordance with all Federal, State and local regulations. Service is to be provided at the Augusta VAMC on a regularly scheduled basis. Includes distribution, collection and disposal system at the Augusta VAMC (Downtown Facility), 800 Bailie Street, Augusta Ga, 30904; VAMC Augusta (Uptown Facility), 1 Freedom Way, Augusta Ga, 30904; VAMC Augusta (Athens CBOC), 9249 HWY. 29S - Suite A, Athens, Ga, 30601 and the VAMC Augusta (Aiken CBOC), 951 Millbrook Ave, Aiken SC.

This service agreement is for approximately 990 sharps container locations which shall be provided and serviced by Contractor. Containers must be approved by Infection Control prior to contract award.

This program shall not include chemotherapy waste sharps containers, as this waste stream should be managed as hazardous waste versus medical waste.

1.2. Period of Performance:

1. The term of this agreement shall be (1) base year with (4) option years.

1.3 Place of Performance:

Augusta VAMC (Downtown Facility), 800 Bailie Street, Augusta Ga, 30904; Tuesdays 8am – 4:30 pm VAMC Augusta (Uptown Facility), 1 Freedom Way, Augusta Ga, 30904; Wednesdays 8am – 4:30 pm VAMC Augusta (Athens CBOC), 9249 HWY. 29S - Suite A, Athens, Ga, 30601 (on-call basis only) VAMC Augusta (Aiken CBOC), 951 Millbrook Ave, Aiken SC, 29803 (on-call basis only) Contractor shall schedule services Monday through Friday, 8am – 4:30pm, excluding Federal Holidays, unless other arrangements are made in advance with the COR. Contractor shall report to the EMS Office (or information booth at the CBOC locations) upon arrival and departure at the respective VAMC facility. They will be issued a contractor name badge that must be properly worn for identification while performing the work under this contract and returned to the VA Police upon departure.

1.4 Background:

The CNVAMC currently has a requirement for reusable sharps container services. Determination was made in 2008 that the use of a reusable sharps service would reduce supply costs, divert plastic waste from depositories, and would result in a reduction of labor. Contractor shall provide service to collect each individual sharp container at the Medical Center/Clinic and replace with reusable sterilized container. This service will be accomplished each week. This will require the collectors to gown up, check in, discreetly enter and move about the various locations, and service every room and crash cart equipped with a sharps container. Contaminated sharps containers shall be cleaned, sterilized and reused. All sharps shall be properly disposed of in accordance with all local state and federal regulations.

1.5 Acronyms and Definition:

1.5.1.1. CBOC – Community Based Outpatient Clinic

1.5.1.2. CDL – Commercial Driver’s License

1.5.1.2. CNVAMC – Charlie Norwood Veterans Affairs Medical Center

1.5.1.3. COR – Contracting Officer’s Representative

1.5.1.4. EMS – Environmental Management Service

1.5.1.5. ISO – Information Security Officer

1.5.1.6. PII – Personally Identifiable Information

1.5.1.7. PIV – Personal Identification Verification

1.5.1.8. QASP – Quality Assurance Surveillance Plan

1.5.1.9. TSD – Treatment, Storage and Disposal

1.5.1.10. UN – United Nations

1.5.1.11. USDOT – United States Department of Transportation

1.5.1.12. VA – Veterans Affairs or Department of Veterans Affairs

1.5.1.13. VAMC – Veterans Affairs Medical Center

1.5.1.14. VHA – Veterans Health Administration

1.5.2. Publications:

1.5.2.1. VA Handbook 6500.1 - https://www.va.gov/vapubs/

1.5.2.2. VA Handbook 6500.2 - https://www.va.gov/vapubs/

1.5.2.3. VA Handbook 6500.6 - https://www.va.gov/vapubs/

2. Personnel

2.1. Key Personnel:

3. Hours of Operation:

3.1. Business Hours

8:00am – 4:30pm, Monday – Friday, excluding Federal Holidays.

Federal Holidays

3.1.2. Work schedule

The Contractor shall be available to perform services during the normal business hours of 8:00am – 3:30pm, Monday – Friday, excluding Federal Holidays.

4. Government Responsibilities:

4.1. A Contracting Officer Representative (COR) shall be designated, and is responsible for local contract administration issues such as ordering and providing specific delivery instructions. A letter of delegation that outlines the COR’s specific responsibilities shall be provided to the contractor at the time of contract award.

5. Contractor Performance Requirements and Responsibilities:

5.1. Contractor shall provide sharp containers that are puncture resistant, leak proof, tamper proof, UN and USDOT approved, appropriately labeled and compliant with all federal, state and local regulations. All mobile carts and bulk transport carts must have wheels and be clean and in good repair at all times. Minimum requirements for the reusable sharps containers are as follows:

1. Reusable

2. Puncture Proof

3. Must arrive at the medical center fully assembled

4. Leak proof in all orientations

5. One hand/one step disposal mechanism

6. Overfill protection design feature built into container (i.e., container must close off automatically once fill point has been reached)

7. Secure/Tamper-Proof to include temporary and permanent locking design features

8. Sight/View port that shows when the container is full

9. 12” Large access Horizontal Drop opening with safety tray restricting hand access for public access areas and open top unrestricted access for secure areas such as lab and OR

10. Available in various sizes dependent upon need (2, 4, 8 & 16 Gallon)

11. Must have a barcode tracking feature on each container for safety and accountability

13. Able to be sanitized using a six-stage wash process to include environmentally-friendly cleaning agents to ensure a high level of microbiological efficacy

14. Must meet U.S. Department of Transportation regulations

15. Must be certified to United Nations PG2 specifications for transport of dangerous goods

16. Must be labeled in accordance with Federal, State, Local regulations

5.2. All containers and/or outer cabinets shall be clearly labeled with the biohazard symbol and the word “biohazard” as required by local, state and federal regulations.

5.3. An estimated 5,575 annual “turns” are expected to occur based upon historical workload. A “turn” represents each time a container is determined to be full and is physically changed out and replaced by a clean container. Total annual pounds are estimated at 32,131.

5.4. Contractor shall supply at no additional charge, all necessary locking mounting wall brackets and floor dollies where needed.

5.5. Where containers are fastened to the wall or cart, contractor shall provide lockable hardware for security purposes.

5.6. Collection services shall be scheduled at least once per week, unless otherwise specified. Contractor shall check, collect and replace all containers to avoid overfilling on a regularly scheduled basis. At a minimum, services are to include:

a. Replacing containers on a set frequency avoiding overfilling and disruption to healthcare providers

b. Delivering carts and container replacements on the day of service.

c. Transporting all waste off the VA premises at the completion of that day's container exchange.

d. Any rooms or areas inaccessible to service must be reported to the COR or designee before moving to next area.

5.7. Contractor shall schedule services Monday through Friday, 8am – 4:30pm, excluding Federal Holidays, unless other arrangements are made in advance with the COR. Contractor shall report to the EMS Office upon arrival and departure at the respective VAMC facility. They will be issued a contractor name badge that must be properly worn for identification while performing the work under this contract and returned to the VA Police upon departure.

5.8. Sharps containers must be changed every week in high generation areas to such as emergency departments, blood drawing rooms, Operating Rooms, and intensive care units to avoid overfilling, Containers in all other lower generation areas are changed prior to filling up (never more than 3/4 full).

5.9. All reusable sharp containers must be delivered to the VAMC clean and disinfected after each use in accordance with local, state and federal regulations.

5.10. Contractor shall provide in-service training on the use, handling, and care of the reusable sharps containers and proper segregation of medical sharps waste from other medical waste, at no additional cost to the Government. Training shall be documented and shall be provided 247 during initial installation to ensure that training is available to all employees. Contractor shall provide in–service training videos or DVDs for staff not available at the time of training at no additional cost to the Government.

5.11. All contractor personnel entering into the VA to perform any part of the service must be employees of Contractor and trained in accordance with all Federal, State and local laws and regulations in the handling of Medical Waste and Sharps. All personnel must be familiar with the medical center's procedures and etiquette and adhere to Medical Center Infection Control requirements.

5.12. Contractor must have experience servicing similar hospitals with sharps containers for an extended period of time. Contractor shall have infrastructure to handle all applicable issues related to sharps waste disposal and service.

5.13. Contractor must arrive on collection days with a fully permitted vehicle for use in collecting and transporting waste.

5.14. All containers shall be labeled and packaged for shipping and transport by Contractor as required, in accordance with all federal, state and local laws and regulations. Contractor shall provide a copy of the following to the Contracting Officer not later than ten (10) calendar days prior to the start of this contract:

5.14.1. Copy of Hazardous Material CDL for each employee who will be driving transport trucks

5.14.2. Proof of employee training, including Bloodborne Pathogen Training and Waste Handling, within last year.

5.14.3. Location of the TSD Facility and any subcontractors

5.14.4. Contingency Plan for Emergency Response and Clean up.

5.15. Vendor shall provide a list of all TSD facilities used (final proof/documentation may be required). These facilities are subject to inspection by the VA at any time. Advanced notification will be given by the COR.

5.16. Contractor shall provide evidence of insurability. The minimum limits of the insurance policy shall be 1 million (1,000,000.00) dollars for the transport of Regulated Medical Waste. Compliance with insurance provisions “General Liability”, “Workman’s Compensation” and “Evidence of Coverage” is required.

5.17. Contractor is responsible for providing and completing the Medical Waste Manifest shipping documents, with all required information annotated, for the medical center. No regulated medical waste is permitted to leave the VAMC until the manifest is signed by an authorized medical center person (Environmental Management Service Supervisor, or designee) and a copy of this manifest provided to this VA official. This Manifest shall contain the VAMC location name and address, designation of the treatment site and certification that untreated medical waste has been properly handled, packaged and labeled by the contractor in accordance with all applicable regulations.

5.18. Contractor is responsible for ensuring copy #1 (generator copy) of medical waste manifest document is received within thirty (30) days of the date was accepted by the vendor. Additionally, Contractor shall provide a monthly poundage summary report detailing the quantity of sharps disposed of during the reporting month. These documents shall be mailed to the Chief, EMS, (contact information available upon award).

5.19. Contractors are urged and expected to inspect the site and to satisfy themselves regarding all general and local conditions that may affect the cost of contract performance, to the extent that the information is reasonably obtainable. In no event shall failure to inspect the site constitute grounds for a claim after the contract has been awarded. All site visits must be arranged with the COR.

6. Quality Assurance Specifications and Requirements:

Rating

Monthly Reports

Vendor to provide monthly poundage summary of Sharps disposed of. (para 5.18) Vendor to provide report of how much sharps in pounds was disposed of within monthly timeframe

Shall be provided at least 30 days after last work day of month.

Periodic Inspection Satisfactory = reports received on time

Unsatisfactory = not received on time or not at all

Monthly Invoices

Vendor to provide accurate and timely monthly invoices (para 7.1.1) Vendor to provide accurate and timely invoices clearly stating all dates, quantities, weights and rates of services received monthly

Shall be provided at least 30 days after last work day of month.

Periodic Inspection Satisfactory = reports received on time

Unsatisfactory = not received on time or not at all

Daily Reports

All waste containers properly…