36C24725Q0296_1.docx

36C24725Q0296

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

01-23-2025 LaTerrica Sewell 706-733-0188 02-13-2025 10:00

EST

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

X

Y 562211 $47 Million

N/A

Department of Veterans Affairs Tuscaloosa VA Medical Center 3701 Loop Road East

Tuscaloosa AL 35404

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

FMS-VA-2 (101)

Financial Services Center https://www.fsc.va.gov/einvoice.asp Austin TX 78714-9971 (877)489-6135

See CONTINUATION Page Contractor shall provide all items/services listed in the pricing schedule and in accordance with the Statement of Work (SOW).

See CONTINUATION Page

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 36C247

VISN 7 Network Contracting Office 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.

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

Page 1 of

B.2 STATEMENT OF WORK

Regulated Medical Waste and Sharps Removal Services

Tuscaloosa VA Medical Center

A. GENERAL INFORMATION:

1. Title of Project: Regulated Medical Waste and Sharps Removal Services

2. Location of Services: Tuscaloosa VA Medical Center, 3701 Loop Road East, Tuscaloosa, AL 35404

3. Location of Sharps/Bio-Hazard Containers:

3. Period of Performance: Base Plus Four (4) Option Years as follows:

Base Year: April 1, 2025 – March 31, 2026 Option Year #1: April 1, 2026 – March 31, 2027 Option Year #2: April 1, 2027 – March 31, 2028 Option Year #3: April 1, 2028 – March 31, 2029 Option Year #4: April 1, 2029 – March 31, 2030

4. Type of Contract: Firm Fixed Price

5. Days and Hours of Operation: The Tuscaloosa VAMC business days and hours are Monday through Friday 8:00 am- 4:30 pm, Central Standard Time, excluding Federal Holidays. Federal Holidays are New Year’s Day, Martin Luther King Birthday, President’s Day, Memorial Day, Independence Day, Labor Day, Columbus Day, Veteran’s Day, Thanksgiving Day, and Christmas Day.

B. GENERAL REQUIRMENTS:

1. The contractor shall provide all labor, supervision, transportation, supplies, equipment necessary to pick up and transport regulated medical waste (RMW) to include the pickup of sharps and bio-hazard waste.

2. The contractor shall collect, transport, and dispose of RMW and sharps. Should be treated by autoclaving or by means as regulated by the Alabama Department of Environmental Management, and in accordance with Federal, State and local laws and regulations.

3. Pickup of full sharps and RMW shall be twice every week on Wednesdays from the locked cage located in Building 3. Twice per week the contractor should pick up from all units as listed in the above table. Contractor is to check in with the COR or Chief EMS.

4. This medical facility has as estimate 19,102 pounds of RMW that is disposed of per year and 13,000 pounds of sharps and bio-hazardous waste per year.

5. Types of RMW include, but are limited to the following:

a. Pathological Waste

NOTE: PLEASE BE ADVISED that all personnel of the awarded contractor MUST have a completed ‘Tuberculosis Skin (TB) Test’ in order to work in patient areas. The TB Skin Test will be at the expenses of the contractor and proof of the test must be submitted to the Contracting Officer Representative (COR) prior to any on-site services conducted at the TVAMC.

C. SPECIFIC SERVICES:

1. Provide and Service Reusable Sharps Containment System:

a. Contractor shall provide labor, transportation, collection, removal, treatment and destruction services including a reusable sharps containment system compliant with Centers for Disease Control (CDC) and National Institute for Occupational Safety and Health (NIOSH) guidelines for the storage, transport and shipment of regulated medical waste.

b. A minimum of 90 containers are needed bi-weekly at the TVAMC. For start up purposes, a total of 196 containers are needed as follows:

· 2 gallon – 64

· 4 gallon – 36

· 7 gallon – 96

c. Contractor shall provide rigid puncture resistant sharps containers that meet the American Society for Testing Materials (ASTM) Standard F2131-01 "Standard Specification for Puncture Resistance of Materials Used in Containers for Discarded Medical Needles and Other Sharps".

d. Contractor shall provide sharps containers that include appropriate sizes and shapes, opening types (vertical drop) and closures (locking mechanism), mounting brackets, carts with casters (to hold and transport), training, and replacement for sharps collection and containment of Sharps Waste (defined below).

e. Sharps containers shall be of the type that lends itself to privacy of patient information (example- be of solid red in color). Each container shall meet all requirements of The Occupational Safety and Health Administration (OSHA) regulation 29 CFR 1910.1030 'Bloodborne Pathogens" and be registered as a sharp waste container with the Food and Drug Administration (FDA).

f. Contractor shall provide labor, tools, materials, supplies, appropriate equipment, transportation, and supervision necessary to pick up, store, transport, decant, and clean/sterilize containers as well as destroy, dispose of, document, and invoice for waste removed from the containers. Special function items such as, but not limited to, funnel tops, traps, wall cabinets and related hardware, shall be supplied by the contractor at no additional cost to the VA.

g. "Sharps infectious Waste" shall be considered for the purpose of this contract to include hypodermic needles, syringes and scalpel blades. The term does not include any hazardous waste, radioactive waste, or pharmaceuticals. The Medical Center will be responsible for the segregating of all waste in accordance with Federal, State, and Local requirements.

h. The Contractor shall provide a supply of clean/sterilized, dry and free of odors, reusable sharps containers to be kept on site to be used in the event that a container does become full prior to the contractor's scheduled exchange visit and an Environmental Management Service (EMS) staff member will then replace full container with a new empty one. Exact storage location to be determined by EMS.

i. Contents of containers shall be transported off station and disposed of as RMW. The contaminated reusable sharps containers shall be cleaned, disinfected, and sterilized for reuse. Reusable sharps containers shall not be cycled through more than 500 times or as stated and allowed by applicable and current regulations. The cost of any replacement sharps containers shall be at the Contractor's expense.

j. All containers shall be clearly labeled with Biohazard symbol and the word "BIOHAZARD' displayed on them along with barcode.

k. The contractor will provide red bags/liners for the re-useable plastic containers as needed, or upon request. We will require 8- and 15-gallon bags, using an estimated 1,200 bags per year for each size.

l. In additional to re-useable containers, contractor will provide red bags for use in emergencies.

2. Provide Regulated Medical Waste (RMW) collection and disposal services:

a. Contractor shall provide services including the provision of containers and labels for regulated medical waste; pickup of all regulated medical waste streams to include sharps; storage and transport; decanting, examination, appropriate treatment, disposal, and documentation of quantities and weights of waste; cleaning of containers; and provision of legal manifest which accurately documents the chain of custody from point of pickup to final disposition.

b. The estimated quantity of waste pickup is established in Section B2 Price/Cost Schedule.

c. Contractor will pick up medical waste and sharps from the units as listed in Section A3 and take to building 3, locked cage. The contractor will pick up and dispose of RMW and sharps from the containers behind Building 3 in the locked cage.

d. Regulated Medical Waste containers: Containers shall be made of rigid plastic construction designed to prevent puncture by needles and other sharps, capacity not to exceed 96-gallons, (minimum of 26 wheeled totes are needed in the catchment area) and shall include locking safety handles along with appropriate bio-hazard warning symbols approved by the State and Federal regulatory agencies. Contractor shall maintain the re-used containers and equipment in a state of satisfactory repair (no broken wheels or lids, sharp points) and appearance (free of dirt/old paper stickers) as determined by the COR. Contractor shall have containers disinfected inside and out and free of moisture using the Centers for Disease Control (CDC) approved disinfectant before returning them to the medical center or clinics for use. Safety Data Sheet (SDS) information shall be provided by the contractor to the COR prior to use.

e. Medical waste and sharps should be disposed of by autoclaving.

D. SAFETY REQUIREMENTS AND TRAINING:

a. Contractor vehicles, carts, materials, or supplies shall not be left unattended. Vehicles shall be parked only in designated area as provided by EMS staff.

b. Contractor shall ensure that its staff who drive on VA property are professional, comply with all facility policies such as zero tolerance for sexual harassment and violence in the workplace, drug-free workplace, safety, and be appropriately dressed.

c. Contractor shall ensure that facility standards are followed along with The Joint Commission standards. Contractor is solely responsible for any and all spills or leaks during the performance of the contract.

d. The Contractor agrees to clean up such spills and/or leaks to the satisfaction of the Government in a manner which satisfies the applicable regulations, at no cost to the Government.

e. The Contractor shall report to the VA Safety Officer via the COR all spills, regardless of quantity and all personnel exposures. Such reports shall first be reported by telephone within 30 minutes following the incident and shall have a follow up in writing no later than seven (7) days after the initial report. When reporting a spill, the following information shall be furnished (1) quantity spilled; (2) exact location of spill; (3) containment procedures initiated; (4) clean-up and disposal procedures; (5) personal injury involved; (6) assistance required; and (7) a narrative summarizing all on-scene visits made by local, state, and federal officials.

f. Contractor shall not dispose of any chemical containers contaminated by cleaning chemicals in any location in the facility except as specified by the COR.

g. Contractor shall comply with all applicable federal, state, county regulations on workers' safety standards and related training.

h. 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 before starting work under this contract.

i. Certification of such training shall be provided within (fifteen) 15 days of receiving notice of award of the contract. Certification for any new contract employees shall be provided to the Contracting Officer within thirty (30) days of receipt of the training.

E. CONTRACTOR SUBMITTALS:

a. Prior to commencement of any work, the Contractor and employees working on this contract shall submit to the COR and/or Contracting Officer:

1. Contractor shall be properly licensed by Federal, State and Local authorities to provide pickup, removal and disposal of bio-hazardous waste and insured.

2. Contractor shall attach copies of licenses, permits, and proof of insurance indicated above with their quote at time of offer due date and shall maintain all required licensing, permitting, and insurance throughout the life of the contract.

3. Contractor shall provide name, address, contact name and telephone number of all disposal facilities to be used under this contract, with their offer at time of offer due date.

4. Contractor shall make complete distribution of the waste to a reliable licensed facility approved by all Federal, State, and Local regulatory bodies for disposal.

5. The contractor shall identify a person who shall be responsible for the performance of work. The name and phone number shall be provided to the Contracting Officer at the time of offer.

6. The contractor shall establish and maintain a complete quality control program to assure the requirements of the contract are provided as specified. The contractor shall provide a copy of their quality control program to the Contracting Officer at the time of offer.

7. The contractor shall develop and submit to the Contracting Officer, a copy of their contingency plan in the event of vehicle breakdown, disposal facility breakdown, natural disaster, or employee strike at the time of offer. The contingency plan will include notification procedures for informing the Contractor Officer Representative (COR)/generator of any actuation of the contingency plan to prevent possible violation of interstate laws.

F. CONTRACTOR QUALIFICATIONS:

a. All personnel of the awarded contractor MUST have a completed “Tuberculosis Skin (TB) Test” in order to work in patient areas. The TB Skin Test will be at the expense of the contractor and proof of the test must be submitted to the Contracting Officer Representative (COR) prior to any on-site services conducted at the TVAMC.

b. Contractor must provide a copy of the State Department of Environmental Management, Notification of Permit by Rule Operations Solid Waste Collection Operation Permit, Transporter Permit.

G. MANIFEST DOCUMENTATION/REPORT:

a. Contractor will make pickups at the designated pick up points between the hours of 8 am and 2:30 p.m. (weekdays).

b. The contractor shall provide tracking of medical waste from the point of pickup, through use of an EPA, DEQ for applicable state, and DOT approved manifest system.

c. The Contractor shall provide hard copy documentation (manifest sheets) to the COR, indicating time and date of pickup, time and date of autoclaving, and weight of each container received at the time of pick up.

d. Contractor staff shall engage only authorized EMS staff (COR or designee) to sign manifests of waste in accordance with DOT and state requirements. Contractor shall provide final copy of manifests within two (2) weeks after the end of the month of service.

e. Contractor shall provide the weights of medical waste processed for each facility site at the end of each month. These weights may be included on the monthly invoice but must be provided monthly.

f. Contractor will provide all the necessary labels to designate the type of medical waste contained in each container (medical waste)

H. INVOICES:

a. Payment will be made upon receipt of a properly prepared detailed invoice, prepared by the Contractor, validated by the Contracting Officer's Representative (COR), and submitted to VA FSC, P. 0. BOX 149971, AUSTIN, TX 78714 VIA THE OBI0 online electronic invoicing system.

b. In order to submit electronic invoices, all VA vendors must register with Tungsten Network (formerly OB10) by submitting an email to VA.Registration@oblO.com or calling 1-877-752-0900 option 2 for Enrollment.

c. Contractor shall submit an electronic invoice by the tenth of the following month services were performed to the Veterans Affairs Financial Services Center (VAFSC) e-Invoice through the website at http://www.tungsten network.com/us/en/veterans-affairs-us/. For questions regarding the submission of VA electronic invoices, OB I 0 customer service may be contacted at 1-877-489-6135.

d. For questions regarding invoice receipt or payment, please call VAFSC directly at l -877-353-9791 or email vafsccshd@va.gov

e. A properly prepared invoice will contain:

· Invoice Number and Date

· Contractor's Name and Address

· Accurate Purchase Order Number (PO# will change each option year)

· Supply or Service provided

· Itemization of pounds collected and disposed of

· Price per pound or per service, as applicable

· Dates of Service performed

· Total amount due

I. QUALITY CONTROL/ASSURANCE (CONTRACTOR):

a. The contractor shall establish and maintain a complete quality control/assurance program to assure the requirements of the contract are provided as specified.

b. The contractor shall provide a copy of their quality control/assurance plan to the Contracting Officer with their quote at time of offer due date.

J. QUALITY/PERFORMANCE REQUIREMENTS SUMMARY:

a. As stated above, the contractor shall be responsible for their own internal Quality Control Program. The Government will perform surveillance of the contractor's performance using the Performance Work Statement and the Performance Requirements Summary (see Technical Exhibit 1) on the next page to determine if the contractor exceeds, meets, or does not meet these standards. The fact that the government is performing surveillance of the contractor's performance does not in any way relieve the contractor from performing their own surveillance and maintaining acceptable quality levels.

b. Performance Requirements Summary Matrix:

1. The government shall use these standards to determine contractor performance and shall compare contractor performance to the Acceptable Quality Level (AQL).

Technical Exhibit 1

B.3 PRICE/COST SCHEDULE

ITEM INFORMATION

Contractor shall perform Regulated Medical Waste (RMW) pick up/disposal services in accordance with the Statement of Work (SOW). This service includes but is not limited to items contaminated with blood and body fluids/waste, chemotherapy wastes, sharps, pathological and microbiological waste or other potentially infectious materials and the collection, packaging, transport, and incineration or otherwise disposal of medical waste materials in accordance with all applicable Environmental Protection Agency (EPA), Food and Drug Administration (FDA), Department of Transportation (DOT), Occupational Safety and Health Administration (OSHA) and any other state and federal requirements or guidelines.

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

Contractor shall perform Regulated Medical Waste (RMW) pick up/disposal services in accordance with the Statement of Work (SOW). This service includes but is not limited to items contaminated with blood and body fluids/waste, chemotherapy wastes, sharps, pathological and microbiological waste or other potentially infectious materials and the collection, packaging, transport, and incineration or otherwise disposal of medical waste materials in accordance with all applicable Environmental Protection Agency (EPA), Food and Drug Administration (FDA), Department of Transportation (DOT), Occupational Safety and Health Administration (OSHA) and any other state and federal requirements or guidelines.

Contract Period: Option 1 POP Begin: 04-01-2026 POP End: 03-31-2027

Contractor shall perform Regulated Medical Waste (RMW) pick up/disposal services in accordance with the Statement of Work (SOW). This service includes but is not limited to items contaminated with blood and body fluids/waste, chemotherapy wastes, sharps, pathological and microbiological waste or other potentially infectious materials and the collection, packaging, transport, and incineration or otherwise disposal of medical waste materials in accordance with all applicable Environmental Protection Agency (EPA), Food and Drug Administration (FDA), Department of Transportation (DOT), Occupational Safety and Health Administration (OSHA) and any other state and federal requirements or guidelines.

Contract Period: Option 2 POP Begin: 04-01-2027 POP End: 03-31-2028

Contractor shall perform Regulated Medical Waste (RMW) pick up/disposal services in accordance with the Statement of Work (SOW). This service includes but is not limited to items contaminated with blood and body fluids/waste, chemotherapy wastes, sharps, pathological and microbiological waste or other potentially infectious materials and the collection, packaging, transport, and incineration or otherwise disposal of medical waste materials in accordance with all applicable Environmental Protection Agency (EPA), Food and Drug Administration (FDA), Department of Transportation (DOT), Occupational Safety and Health Administration (OSHA) and any other state and federal requirements or guidelines.

Contract Period: Option 3 POP Begin: 04-01-2028 POP End: 03-31-2029

Contractor shall perform Regulated Medical Waste (RMW) pick up/disposal services in accordance with the Statement of Work (SOW). This service includes but is not limited to items contaminated with blood and body fluids/waste, chemotherapy wastes, sharps, pathological and microbiological waste or other potentially infectious materials and the collection, packaging, transport, and incineration or otherwise disposal of medical waste materials in accordance with all applicable Environmental Protection Agency (EPA), Food and Drug Administration (FDA), Department of Transportation (DOT), Occupational Safety and Health Administration (OSHA) and any other state and federal requirements or guidelines.

Contract Period: Option 4 POP Begin: 04-01-2029 POP End: 03-31-2030

B.4 DELIVERY SCHEDULE

Tuscaloosa VA Medical Center 3701 Loop Road East Tuscaloosa, AL 35404

USA

12.00

(205) 554-3838 Patricia.Jackson4@va.gov

Tuscaloosa VA Medical Center 3701 Loop Road East Tuscaloosa, AL 35404

12.00

Tuscaloosa VA Medical Center 3701 Loop Road East Tuscaloosa, AL 35404

12.00

Tuscaloosa VA Medical Center 3701 Loop Road East Tuscaloosa, AL 35404

12.00

Tuscaloosa VA Medical Center 3701 Loop Road East Tuscaloosa, AL 35404

12.00

SECTION C - CONTRACT CLAUSES

C.1 52.212-4 CONTRACT TERMS AND CONDITIONS—COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES (NOV 2023)

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

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

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

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

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

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

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

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

(g) Invoice.

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

(i) Name and address of the Contractor;

(ii) Invoice date and number;

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

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

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

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

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

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

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

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

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

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

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

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

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

(i) Payment.—

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

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

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

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

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

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

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

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

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

(D) Contractor point of contact.

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

(6) Interest.

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

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

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

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

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

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

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

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

(A) The date fixed under this contract.

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

(1) The schedule of supplies/services.

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

(3) The clause at 52.212-5.

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

(5) Solicitation provisions if this is a solicitation.

(6) Other paragraphs of this clause.

(7) The Standard Form 1449.

(8) Other documents, exhibits, and attachments

(9) The specification.

(t) [Reserved]

(u) Unauthorized Obligations.

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

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

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

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

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

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

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

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

1. The offeror shall submit their quote on company letterhead. The offeror’s quote shall include the name, address, and telephone number of the offeror, the offeror’s UEI# and ORCA document, in SAM at (https://sam.gov) , and a completed copy of 52.212-3 offeror Representations and Certifications- Commercial Items. All fillable documents are required for submission. Submission of VAAR 852.219-75 certification completely filled out is required.

2. Acknowledgement or signed copy of all amendments posted to the solicitation and signed 1449.

3. All Offerors must meet the small business size standard of $47M for NAICS code 562211 Hazardous Waste Treatment and Disposal at the time of submission of quote and at the time of award.

4. All offerors must be registered in Veterans Small Business Certification () and SAM at the time of quote submittal.

5. An Offeror must be SDVOSB Verified (reference VAAR 852.219-73) at time of quote submission and at time of award. VAAR 852.219-75 certification are a submission requirement and shall be submitted electronically.

6. An offeror shall indicate in its quote whether it will (1) self-perform 100% of the requirement, or (2) subcontract any portion of the requirement. If the offeror intends to subcontract any portion of the requirement, the offeror shall provide a subcontracting plan that includes a percentage breakdown evidencing how the offeror will comply with the limitations on subcontracting in 13 CFR 125.6(a)(1). Failure to provide the required information may result in an offeror’s quote being rejected without further consideration. If the offeror plans on using subcontractors, you must provide a subcontracting plan to include

a. Business Name

b. Business Size

c. Work they will be performing, to include % of work on contract

d. % of payment to be receive of total contract amount

7. Price: The offeror shall fill-in all unit prices and totals for each CLIN as well as the total amount of the price quote in the solicitation’s Price Schedule.

8. Technical: The offeror shall demonstrate in its quote in as much detail as possible how it will meet the Tusacaloosa VA Medical Center, Tuscaloosa, AL- Regulated Medical Waste and Sharps Removal Services requirement as described in the solicitation’s statement of work.

9. Past Performance: The offeror is required to provide a minimum of two (2) past performance reference for similar services within the last four (4) years, either Governmental or Commercial entity, in response to this solicitation, to include place, size, and years of service performed. If no past performance is available, you must address this in your offer. Past performance will be reviewed as part of the responsibility determination only.

10. All questions should be emailed to LaTerrica.Sewell@va.gov by January 30, 2025, at 10:00AM EST.. No late submissions will be ACCEPTED. All responses to questions shall be incorporated into a written amendment posted to the Government Point of Entry (GPE). The offeror is encouraged to monitor the GPE, SAM website with respect to this solicitation because any amendments to this Solicitation will be posted on the website (https://.sam.gov).

There will be no automated email notification of amendments.

11. Quotes must be received by Wednesday, February 13, 2025 @ 10:00AM EST. Email your quote to LaTerrica.Sewell@va.gov. The subject line must have the solicitation the offeror is responding to listed. There will be no automated email notification of receipt of quotes. All quotes received without requested documentation will not be considered.

a. The offeror will submit all documents in PDF form, preferably one document, with no more than ten (10) pages. Not providing all the required documents above along with not following the instructions for submission will result in an unacceptable quote.

(End of Addendum to 52.212-4)

C.2 52.212-5 CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT STATUTES OR EXECUTIVE ORDERS—COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES (NOV 2024)

(a) The Contractor shall comply with the following Federal Acquisition Regulation (FAR) clauses, which are incorporated in this contract by reference, to implement provisions of law or Executive orders applicable to acquisitions of commercial products and commercial services:

(1) 52.203-19, Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements (JAN 2017) (section 743 of Division E, Title VII, of the Consolidated and Further Continuing Appropriations Act, 2015 (Pub. L. 113-235) and its successor provisions in subsequent appropriations acts (and as extended in continuing resolutions)).

(2) 52.204–23, Prohibition on Contracting for Hardware, Software, and Services Developed or Provided by Kaspersky Lab…