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36C24820Q1044
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
36C24820Q1280 07-30-2020
CYNTHIA GREGG
813-972-2000 EXT5270
08-14-2020
3:00 PM
36C248 Department of Veterans Affairs Network Contracting Office 8 (NCO 8) 8875 Hidden River Pkwy Suite Tampa FL 33637 X X 562112 $41.5 Million N/A X Department of Veterans Affairs James A. Haley Veterans Hospital (90C) 13000 Bruce B. Downs Blvd Tampa FL 33612 36C248 Department of Veterans Affairs Network Contracting Office 8 (NCO 8) 8875 Hidden River Pkwy Tampa FL 33637
Department of Veterans Affairs Financial Services Center P.O. Box 149971 Austin TX 78714-9971 See CONTINUATION Page This solicitation is being evaluated as a Comparative Analysis.
“Comparative Evaluation” is the act of comparing two or more proposals in response to a Request for Quote (RFQ).
The item-by-item comparison is performed by comparing each offer or proposal to one another to determine which provides the best benefit to the government.”
See CONTINUATION Page X X X
CYN THIA GREGG
Contracting Officer Table of Contents
| SECTION A | 1 |
| A.1 SF 1449 SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS | 1 |
| SECTION B - CONTINUATION OF SF 1449 BLOCKS | 3 |
| B.1 CONTRACT ADMINISTRATION DATA | 3 |
| B.2 PRICE/COST SCHEDULE | 12 |
| ITEM INFORMATION | 12 |
| B.3 DELIVERY SCHEDULE | 28 |
| SECTION C - CONTRACT CLAUSES | 32 |
| C.1 52.212-4 CONTRACT TERMS AND CONDITIONS—COMMERCIAL ITEMS (OCT 2018) | 32 |
| C.2 52.204-9 PERSONAL IDENTITY VERIFICATION OF CONTRACTOR PERSONNEL (JAN 2011) | 38 |
| C.3 52.216-18 ORDERING (OCT 1995) | 38 |
| C.4 52.216-22 INDEFINITE QUANTITY (OCT 1995) | 39 |
| C.5 52.217-8 OPTION TO EXTEND SERVICES (NOV 1999) | 39 |
| C.6 52.217-9 OPTION TO EXTEND THE TERM OF THE CONTRACT (MAR 2000) | 39 |
| C.7 SUPPLEMENTAL INSURANCE REQUIREMENTS | 40 |
| C.8 VAAR 852.212-70 PROVISIONS AND CLAUSES APPLICABLE TO VA ACQUISITION OF COMMERCIAL ITEMS (APR 2020) | 40 |
| C.9 VAAR 852.233-70 PROTEST CONTENT/ALTERNATIVE DISPUTE RESOLUTION (OCT 2018) | 42 |
| C.10 VAAR 852.219-74 LIMITATIONS ON SUBCONTRACTING—MONITORING AND COMPLIANCE (JUL 2018) | 43 |
| C.11 52.252-2 CLAUSES INCORPORATED BY REFERENCE (FEB 1998) | 43 |
| C.12 52.212-5 CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT STATUTES OR EXECUTIVE ORDERS—COMMERCIAL ITEMS (JUN 2020) | 44 |
| SECTION D - CONTRACT DOCUMENTS, EXHIBITS, OR ATTACHMENTS | 52 |
| SECTION E - SOLICITATION PROVISIONS | 53 |
| E.1 52.212-1 INSTRUCTIONS TO OFFERORS—COMMERCIAL ITEMS (OCT 2018) | 53 |
| E.2 52.204-24 REPRESENTATION REGARDING CERTAIN TELECOMMUNICATIONS AND VIDEO SURVEILLANCE SERVICES OR EQUIPMENT (DEC 2019) | 57 |
| E.3 52.209-7 INFORMATION REGARDING RESPONSIBILITY MATTERS (OCT 2018) | 58 |
| E.4 52.216-1 TYPE OF CONTRACT (APR 1984) | 59 |
| E.5 52.217-5 EVALUATION OF OPTIONS (JUL 1990) | 59 |
| E.6 52.217-3 EVALUATION EXCLUSIVE OF OPTIONS (APR 1984) | 60 |
| E.7 52.233-2 SERVICE OF PROTEST (SEP 2006) | 60 |
| E.8 52.252-1 SOLICITATION PROVISIONS INCORPORATED BY REFERENCE (FEB 1998) | 60 |
| E.9 52.212-2 EVALUATION—COMMERCIAL ITEMS (OCT 2014) | 61 |
| E.10 52.212-3 OFFEROR REPRESENTATIONS AND CERTIFICATIONS—COMMERCIAL ITEMS (JUN 2020) | 61 |
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 36C248 Department of Veterans Affairs Network Contracting Office 8 (NCO 8)
8875 Hidden River Pkwy Suite 525 Tampa FL 33637
2. CONTRACTOR REMITTANCE ADDRESS: All payments by the Government to the contractor will be made in accordance with:
| [X] |
| 52.232-33, Payment by Electronic Funds Transfer—System For Award Management, or |
| [] |
| 52.232-36, Payment by Third Party |
3. INVOICES: Invoices shall be submitted in arrears:
| a. Quarterly | [] |
| b. Semi-Annually | [] |
| c. Other | [X] MONTHLY |
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 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:
| AMENDMENT NO |
| DATE |
B.2 PRICE/COST SCHEDULE
ITEM INFORMATION
Base Year - September 15, 2020 – September 14, 2021 The contractor is not responsible for providing sharps containers; these are purchased and stocked by the VA.
The contractor is responsible for providing a total of approx. 350 properly labeled 4x4(4.12) cubic foot (cu. ft.) on line items as indicated.
| ITEM NUMBER |
| DESCRIPTION OF SUPPLIES/SERVICES |
| QUANTITY |
| UNIT |
| UNIT PRICE |
| AMOUNT |
| 450,000.00 |
| LB |
| __________________ |
| __________________ |
Bio-hazardous waste removal for James A. Haley Veterans Hospital, 13000 Bruce B. Downs Blvd, Tampa, FL 33612.
Contract Period: Base – 09/15/20 – 09/14/21 610-650 - TB02 – 130gl Reusable Containers 4-6 96gl – Reusable Container
Estimated average of 37,500 pounds per month with a frequency of 6 pick-ups per week.
| 8,500.00 |
| LB |
| __________________ |
| __________________ |
New Port Richey VA Outpatient Clinic (NPROPC).
Estimated average of 708 pounds per month 10 - 96gl Reusable Containers
Frequency of 2 pick-ups per week.
| 12.00 |
| MO |
| __________________ |
| __________________ |
Mental Health Outpatient Clinic (MHOPC), 10770 N. 46TH ST. Bldg E, Tampa, FL 33617
Estimated average of two (2), 4.12 cubic foot boxes with a Frequency of 1 pick-up per month.
| 7200.00 |
| LB |
| __________________ |
| __________________ |
Primary Care Annex (PCA), 13515 Lake Terrace Lane, Tampa, FL 33637.
Estimated average of 600 pounds per month 10-12 – 96gl Reusable Containers
Frequency of 3 pick-ups per week.
| 12.00 |
| MO |
| __________________ |
| __________________ |
Falls Clinic, 8900 Grand Oaks Circle, Tampa, FL 33637.
Estimated average of one (1) – 4.12 cubic foot box with an estimated frequency of 4 pick-ups per year.
**Pick-up is on-call and coordinated through the COR.
Note: Not to exceed 4,800 lbs. for 12 months of usage.
| 1,000.00 |
| LB |
| __________________ |
| __________________ |
Research Development, 3802 Spectrum Blvd, Suites 300 & 308, Tampa, FL 33612.
Estimated average 83 pounds per month
(3) 30gal reusable Containers
Frequency of bi-weekly pickup.
| 12.00 |
| MO |
| __________________ |
| __________________ |
Lakeland CBOC, 4237 S. Pipkin Road, Lakeland, FL 33811.
Estimated average of one (1) –96gl Reusable Container with an estimated frequency of 4 pick-ups per year.
| 12.00 |
| MO |
| __________________ |
| __________________ |
Zephyrhills CBOC, 6937 Medical View Lane, Zephyrhills, FL 33541.
Estimated average of one (1) – 4.12 cubic foot box
With an estimated frequency of 4 pick-ups per year.
| 12.00 |
| MO |
| __________________ |
| __________________ |
Brooksville CBOC, 14540 Cortez Blvd, Brooksville, FL 33811.
(Currently closed due to COVID 19, but services will be needed once reopened).
Estimated average of one (1) 96gl Reusable Container and two (2) 4.12 boxes
With an estimated frequency of 4 pick-ups per year. *Pick-up is on-call and coordinated through the COR.
| 0.00 |
| JB |
| __________________ |
| __________________ |
Emergency Category A: Infectious Substances - in a form of capable of causing life threatening or fatal diseases (this is a no cost clin- these costs will be negotiated on a case by case basis).
| 235.00 |
| BX |
| __________________ |
| __________________ |
SOHI CBOC, 12920 Summerfield Crossing Road, Riverview, FL 33578.
Estimated average of 20 Boxes – 4.12 cubic foot boxes
With an estimated frequency of 6 days per week
| 12.00 |
| MO |
| __________________ |
| __________________ |
Pharmacy Services, 12210 Bruce B. Downs Blvd, TAMPA, FL 33612.
With an estimated frequency of 1 pick-up per month.
| 60.00 |
| LB |
| __________________ |
| __________________ |
Lecanto CBOC 2804 W Marc Knighton Ct Suite A, Lecanto, FL 34461 Estimated average 5 pounds per month one (1) 96gl Reusable Container With a frequency of bi-weekly pickup.
Note: Not to exceed 60 lbs. for 12 months of usage.
| GRAND TOTAL |
| __________________ |
ITEM INFORMATION Option Year 1 - September 15, 2021 – September 14, 2022 The contractor is not responsible for providing sharps containers; these are purchased and stocked by the VA.
The contractor is responsible for providing a total of approx. 350 properly labeled 4x4 cubic foot (cu. ft.) as indicated on the line items.
| ITEM NUMBER |
| DESCRIPTION OF SUPPLIES/SERVICES |
| QUANTITY |
| UNIT |
| UNIT PRICE |
| AMOUNT |
| 450,000.00 |
| LB |
| __________________ |
| __________________ |
Bio-hazardous waste removal for
Contract Period: OPTION YEAR 1 – 09/15/21 – 09/14/22 610-650 - TB02 – 130gl Reusable Containers
| 8,500.00 |
| LB |
| __________________ |
| __________________ |
New Port Richey VA Outpatient Clinic (NPROPC).
| 12.00 |
| MO |
| __________________ |
| __________________ |
Mental Health Outpatient Clinic (MHOPC),
| 7200.00 |
| LB |
| __________________ |
| __________________ |
Primary Care Annex (PCA), 13515 Lake Terrace Lane, Estimated average of 600 pounds per month
| 12.00 |
| MO |
| __________________ |
| __________________ |
Falls Clinic, 8900 Grand Oaks Circle, Tampa, FL 33637.
Estimated average of one (1) – 4.12 cubic foot box with an estimated frequency of 4 pick-ups per year.
| 1,000.00 |
| LB |
| __________________ |
| __________________ |
Research Development, 3802 Spectrum Blvd, Suites 300 & 308, Tampa, FL 33612.
| 12.00 |
| MO |
| __________________ |
| __________________ |
Lakeland CBOC, 4237 S. Pipkin Road, Lakeland, FL 33811.
with an estimated frequency of 4 pick-ups per year.
| 12.00 |
| MO |
| __________________ |
| __________________ |
Zephyrhills CBOC, 6937 Medical View Lane, Zephyrhills, FL 33541.
With an estimated frequency of 4 pick-ups per year.
| 12.00 |
| MO |
| __________________ |
| __________________ |
Brooksville CBOC, 14540 Cortez Blvd, Brooksville, FL 33811.
Estimated average of one (1) 96gl Reusable Container and two (2) 4.12 boxes
With an estimated frequency of 4 pick-ups per year. *Pick-up is on-call and coordinated through the COR.
| 0.00 |
| JB |
| __________________ |
| __________________ |
Emergency Category A: Infectious Substances - in a form of capable of causing life threatening or fatal diseases (this is a no cost clin- these costs will be negotiated on a case by case basis).
| 235.00 |
| BX |
| __________________ |
| __________________ |
SOHI CBOC, 12920 Summerfield Crossing Road, Riverview, FL 33578.
| 12.00 |
| MO |
| __________________ |
| __________________ |
Pharmacy Services, 12210 Bruce B. Downs Blvd, TAMPA, FL 33612.
With an estimated frequency of 1 pick-up per month.
| 60.00 |
| LB |
| __________________ |
| __________________ |
Lecanto CBOC 2804 W Marc Knighton Ct Suite A, Lecanto, FL 34461 one (1) 96gl Reusable Container
With a frequency of bi-weekly pickup.
GRAND TOTAL
ITEM INFORMATION Option Year 2 - September 15, 2022 – September 14, 2023 The contractor is not responsible for providing sharps containers; these are purchased and stocked by the VA.
The contractor is responsible for providing a total of approx. 350 properly labeled 4.12 cubic foot (cu. ft.) as indicated on the line items.
| ITEM NUMBER |
| DESCRIPTION OF SUPPLIES/SERVICES |
| QUANTITY |
| UNIT |
| UNIT PRICE |
| AMOUNT |
| 450,000.00 |
| LB |
| __________________ |
| __________________ |
Bio-hazardous waste removal for
Contract Period: OPTION YEAR 2 – 09/15/22 – 09/14/23 610-650 - TB02 – 130gl Reusable Containers
| 8,500.00 |
| LB |
| __________________ |
| __________________ |
New Port Richey VA Outpatient Clinic (NPROPC).
| 12.00 |
| MO |
| __________________ |
| __________________ |
Mental Health Outpatient Clinic (MHOPC),
| 7200.00 |
| LB |
| __________________ |
| __________________ |
Primary Care Annex (PCA), 13515 Lake Terrace Lane, Estimated average of 600 pounds per month
| 12.00 |
| MO |
| __________________ |
| __________________ |
Falls Clinic, 8900 Grand Oaks Circle, Tampa, FL 33637.
Estimated average of one (1) – 4.12 cubic foot box with an estimated frequency of 4 pick-ups per year.
| 1,000.00 |
| LB |
| __________________ |
| __________________ |
Research Development, 3802 Spectrum Blvd, Suites 300 & 308, Tampa, FL 33612.
| 12.00 |
| MO |
| __________________ |
| __________________ |
Lakeland CBOC, 4237 S. Pipkin Road, Lakeland, FL 33811.
with an estimated frequency of 4 pick-ups per year.
| 12.00 |
| MO |
| __________________ |
| __________________ |
Zephyrhills CBOC, 6937 Medical View Lane, Zephyrhills, FL 33541.
With an estimated frequency of 4 pick-ups per year.
| 12.00 |
| MO |
| __________________ |
| __________________ |
Brooksville CBOC, 14540 Cortez Blvd, Brooksville, FL 33811.
Estimated average of one (1) 96gl Reusable Container and two (2) 4.12 boxes
With an estimated frequency of 4 pick-ups per year. *Pick-up is on-call and coordinated through the COR.
| 0.00 |
| JB |
| __________________ |
| __________________ |
Emergency Category A: Infectious Substances - in a form of capable of causing life threatening or fatal diseases (this is a no cost clin- these costs will be negotiated on a case by case basis).
| 235.00 |
| BX |
| __________________ |
| __________________ |
SOHI CBOC, 12920 Summerfield Crossing Road, Riverview, FL 33578.
| 12.00 |
| MO |
| __________________ |
| __________________ |
Pharmacy Services, 12210 Bruce B. Downs Blvd, TAMPA, FL 33612.
With an estimated frequency of 1 pick-up per month.
| 60.00 |
| LB |
| __________________ |
| __________________ |
Lecanto CBOC 2804 W Marc Knighton Ct Suite A, Lecanto, FL 34461 one (1) 96gl Reusable Container
With a frequency of bi-weekly pickup.
GRAND TOTAL
ITEM INFORMATION Option Year 3 - September 15, 2023 – September 14, 2024 The contractor is not responsible for providing sharps containers; these are purchased and stocked by the VA.
The contractor is responsible for providing a total of approx. 350 properly labeled 4.12 cubic foot (cu. ft.) as indicated on the line items.
| ITEM NUMBER |
| DESCRIPTION OF SUPPLIES/SERVICES |
| QUANTITY |
| UNIT |
| UNIT PRICE |
| AMOUNT |
| 450,000.00 |
| LB |
| __________________ |
| __________________ |
Bio-hazardous waste removal for
Contract Period: OPTION YEAR 3 – 09/15/23 – 09/14/24 610-650 - TB02 – 130gl Reusable Containers
| 8,500.00 |
| LB |
| __________________ |
| __________________ |
New Port Richey VA Outpatient Clinic (NPROPC).
| 12.00 |
| MO |
| __________________ |
| __________________ |
Mental Health Outpatient Clinic (MHOPC),
| 7200.00 |
| LB |
| __________________ |
| __________________ |
Primary Care Annex (PCA), 13515 Lake Terrace Lane, Estimated average of 600 pounds per month
| 12.00 |
| MO |
| __________________ |
| __________________ |
Falls Clinic, 8900 Grand Oaks Circle, Tampa, FL 33637.
Estimated average of one (1) – 4.12 cubic foot box with an estimated frequency of 4 pick-ups per year.
| 1,000.00 |
| LB |
| __________________ |
| __________________ |
Research Development, 3802 Spectrum Blvd, Suites 300 & 308, Tampa, FL 33612.
| 12.00 |
| MO |
| __________________ |
| __________________ |
Lakeland CBOC, 4237 S. Pipkin Road, Lakeland, FL 33811.
with an estimated frequency of 4 pick-ups per year.
| 12.00 |
| MO |
| __________________ |
| __________________ |
Zephyrhills CBOC, 6937 Medical View Lane, Zephyrhills, FL 33541.
With an estimated frequency of 4 pick-ups per year.
| 12.00 |
| MO |
| __________________ |
| __________________ |
Brooksville CBOC, 14540 Cortez Blvd, Brooksville, FL 33811.
Estimated average of one (1) 96gl Reusable Container and two (2) 4.12 boxes
With an estimated frequency of 4 pick-ups per year. *Pick-up is on-call and coordinated through the COR.
| 0.00 |
| JB |
| __________________ |
| __________________ |
Emergency Category A: Infectious Substances - in a form of capable of causing life threatening or fatal diseases (this is a no cost clin- these costs will be negotiated on a case by case basis).
| 235.00 |
| BX |
| __________________ |
| __________________ |
SOHI CBOC, 12920 Summerfield Crossing Road, Riverview, FL 33578.
| 12.00 |
| MO |
| __________________ |
| __________________ |
Pharmacy Services, 12210 Bruce B. Downs Blvd, TAMPA, FL 33612.
With an estimated frequency of 1 pick-up per month.
| 60.00 |
| LB |
| __________________ |
| __________________ |
Lecanto CBOC 2804 W Marc Knighton Ct Suite A, Lecanto, FL 34461 one (1) 96gl Reusable Container
With a frequency of bi-weekly pickup.
| GRAND TOTAL |
| __________________ |
ITEM INFORMATION Option Year 4- September 15, 2024 – September 14, 2025 The contractor is not responsible for providing sharps containers; these are purchased and stocked by the VA.
The contractor is responsible for providing a total of approx.. 350 properly labeled 4x4 cubic foot (cu. ft.)as indicated on line items.
| ITEM NUMBER |
| DESCRIPTION OF SUPPLIES/SERVICES |
| QUANTITY |
| UNIT |
| UNIT PRICE |
| AMOUNT |
| 450,000.00 |
| LB |
| __________________ |
| __________________ |
Bio-hazardous waste removal for
Contract Period: OPTION YEAR 4 – 09/15/24 – 09/14/25 610-650 - TB02 – 130gl Reusable Containers
| 8,500.00 |
| LB |
| __________________ |
| __________________ |
New Port Richey VA Outpatient Clinic (NPROPC).
| 12.00 |
| MO |
| __________________ |
| __________________ |
Mental Health Outpatient Clinic (MHOPC),
| 7200.00 |
| LB |
| __________________ |
| __________________ |
Primary Care Annex (PCA), 13515 Lake Terrace Lane, Estimated average of 600 pounds per month
| 12.00 |
| MO |
| __________________ |
| __________________ |
Falls Clinic, 8900 Grand Oaks Cicrle, Tampa, FL 33637.
Estimated average of one (1) – 4.12 cubic foot box with an estimated frequency of 4 pick-ups per year.
| 1,000.00 |
| LB |
| __________________ |
| __________________ |
Research Development, 3802 Spectrum Blvd, Suites 300 & 308, Tampa, FL 33612.
| 12.00 |
| MO |
| __________________ |
| __________________ |
Lakeland CBOC, 4237 S. Pipkin Road, Lakeland, FL 33811.
with an estimated frequency of 4 pick-ups per year.
| 12.00 |
| MO |
| __________________ |
| __________________ |
Zephyrhills CBOC, 6937 Medical View Lane, Zephyrhills, FL 33541.
With an estimated frequency of 4 pick-ups per year.
| 12.00 |
| MO |
| __________________ |
| __________________ |
Brooksville CBOC, 14540 Cortez Blvd, Brooksville, FL 33811.
Estimated average of one (1) 96gl Reusable Container and two (2) 4.12 boxes
With an estimated frequency of 4 pick-ups per year. *Pick-up is on-call and coordinated through the COR.
| 0.00 |
| JB |
| __________________ |
| __________________ |
Emergency Category A: Infectious Substances - in a form of capable of causing life threatening or fatal diseases (this is a no cost clin- these costs will be negotiated on a case by case basis).
| 235.00 |
| BX |
| __________________ |
| __________________ |
SOHI CBOC, 12920 Summerfield Crossing Road, Riverview, FL 33578.
| 12.00 |
| MO |
| __________________ |
| __________________ |
Pharmacy Services, 12210 Bruce B. Downs Blvd, TAMPA, FL 33612.
With an estimated frequency of 1 pick-up per month.
| 60.00 |
| LB |
| __________________ |
| __________________ |
Lecanto CBOC 2804 W Marc Knighton Ct Suite A, Lecanto, FL 34461 one (1) 96gl Reusable Container
With a frequency of bi-weekly pickup.
GRAND TOTAL
| PERIOD OF PERFORMANCE |
| OPTION COST |
PER YEAR
| BASE |
| $ |
| OPTION YEAR 1 |
| $ |
| OPTION YEAR 2 |
| $ |
| OPTION YEAR 3 |
| $ |
| OPTION YEAR 4 |
| $ |
| TOTAL |
| $ |
B.3 DELIVERY SCHEDULE
| ITEM NUMBER |
| QUANTITY |
| DELIVERY DATE |
0001 - 0013
| 12 months |
| 07/15/2020 - 07/14/2021 |
1001 - 1013
| 12 months |
| 07/15/2021 - 07/14/2022 |
2001 - 2013
| 12 months |
| 07/15/2022 - 07/14/2023 |
3001 - 3013
| 12 months |
| 07/15/2023 - 07/14/2024 |
4001 -4013
| 12 months |
| 07/15/2024 - 07/14/2025 |
BIO-HAZARDOUS WASTE REMOVAL SERVICES
STATEMENT OF WORK
JAMES A. HALEY VETERANS HOSPITAL
1. GENERAL REQUIREMENTS
1.1 The Contractor shall furnish all labor, equipment, sanitized, disinfected and labels for containers, supplies, materials, transportation and supervision required to provide pick up, transport, incineration and/or acceptable disposal of biomedical infectious, veterinary, chemotherapy, biological/pathological, “sharps” waste, and contaminated wastes from the following facilities:
1. James A. Haley VAMC* (JAHVAMC), 13000 Bruce B. Downs Blvd., Tampa, FL 33612
2. New Port Richey OPC* (NPROPC), 9912 Little Road, New Port Richey, FL 34654
3. Mental Health OPC (MHOPC), 10770 N. 46th Street Building E, Tampa, FL 33617
4. Primary Care Annex (PCA), 13515 Lake Terrace LN, Tampa, FL 33637
5. Falls Clinic, 8900 Grand Oaks Circle, Tampa, FL 33637
6. Research Dept., 3802 Spectrum Blvd. Suites 300 & 308, Tampa, FL 33612
7. Pharmacy Service, 12210 Bruce B. Downs Blvd., Tampa, FL 33612
8. Lakeland CBOC*, 4237 S. Pipkin Rd., Lakeland, FL 33811
9. Zephyrhills CBOC, 6937 Medical View Lane, Zephyrhills, FL 33541
10. Brooksville CBOC, 14540 Cortez Blvd. Suite 108, Brooksville, FL 34613 (Currently closed due to COVID 19, but services will be needed once reopened).
11. South Hillsborough CBOC, 12920 Summerfield Crossing Rd, Riverview, FL 33578
12. Lecanto CBOC, 2804 W Marc Knighton Ct Suite A, Lecanto, FL 34461
*VAMC = Veterans Affairs Medical Center *OPC = Outpatient Clinic *CBOC = Community Based Outpatient Clinic
1.2 The contractor is not responsible for providing sharps containers; these are purchased and stocked by the VA.
1.3 The contractor is responsible for providing:
| 1. Reusable containers TB02 which is a 130gl, 96gl reusable container, 30gl reusable containers |
| 2. A total of 350 properly labeled 4x4 cubic foot (cu. ft.) for certain location listed below |
Containers as follows for each location:
PER MONTH
| LOCATION |
| TB02 |
130gl or larger Reusable 96gl Reusable
TB01
30gl Reusable 4.12CF Boxes
| JAHVAMC |
| 610-650 |
| 4 to 6 |
| 0 |
| 0 |
| NPROPC |
| 0 |
| 10 |
| 0 |
| 0 |
| MHOPC |
| 0 |
| 0 |
| 0 |
| 2 |
| PCA |
| 0 |
| 10 to 12 |
| 0 |
| 0 |
| Falls Clinic |
| 0 |
| 0 |
| 0 |
| 1 |
| Research |
| 0 |
| 0 |
| 3 |
| 0 |
| Pharmacy |
| 0 |
| 0 |
| 0 |
| 1 |
| Lakeland |
| 0 |
| 1 |
| 0 |
| 0 |
| Zephyrhills |
| 0 |
| 0 |
| 0 |
| 1 |
| SoHI |
| 0 |
| 0 |
| 0 |
| 20 |
| Lecanto |
| 0 |
| 1 |
| 0 |
| 0 |
| Brooksville |
| 0 |
| 1 |
| 0 |
| 2 |
-(Currently closed due to COVID 19, but services will be needs once reopened). 4.12CF box and 96gl reusable
1.4 The contractor shall use the following procedures to handle Bio-Hazardous Waste.
· All bio-waste containers filled to the full line mark are to be removed and replaced.
· Containers will be collected at a location provided and identified on a signed manifest showing the date collected, number and size of the used containers collected, and the number and size of the clean containers being left onsite. A copy must be left with the Contracting Officers Representative (COR) or their designee who will provide said copy to the COR on the day of collection.
· The contractor shall respond to any urgent exchange needs within one working day unless otherwise agreed to by the COR.
1.5 The primary point of contact for all communication between the Contractor and the Government will be the Contracting Officer’s Representative (COR). He or she will furnish technical guidance and advice under this contract. He or she will be appointed by and represent the Contracting Officer. The foregoing is not to be construed as authorization to interpret or furnish advice and information to the Contractor relative to the financial or legal aspects of the Contract. Those matters are the responsibility of the Contracting Officer and will not be delegated.
1.6 The Contractor shall pick up, transport and treat and/or dispose of biomedical waste in accordance with all applicable Local, Country, State of Florida, and Federal (Environmental Protection Agency EPA, Department of Transportation) laws, policies, guidelines and VA infectious medical waste requirements as stated in Paragraph 3. The Contractor shall also have an assigned U.S. EPA authorization and identification number, necessary Department of Transportation permits and insurance prior to transport and or disposal of subject waste. If contractor requires additional information, they may contact the U.S. EPA regional office.
1.7 This Contract will encompass emergency “Category A” response by the contractor. The Contract Line Item Numbers (CLINs) found in section B.3 Price/Cost Schedule are no cost. These costs will be determined on a case by case basis once a Category A case is confirmed and any special permits have been obtained.
2. DEFINITIONS
2.1 MEDICAL WASTE:
Contaminated dressings, tissues, gloves, masks, hair covers and other materials from isolation rooms packed and tied in “RED BAGS” (red plastic leak-proof bags).
2.2 BIOLOGICAL AND PATHOLOGICAL WASTE:
Human anatomical parts, waste tissue, blood, microbial cultures, stool samples and other materials packed in tired and leak-proof “RED BAGS”.
2.3 VETERINARY WASTE AND ANIMAL CARCASSES:
Animal parts, carcasses, waste tissue and other veterinary waste packed in tied and leak-proof “RED BAGS”.
2.4 CANCER CHEMOTHERAPY WASTE:
Discarded items which have been contaminated by chemotherapeutic drugs or antineoplastic agents, provided that such items, including trace drugs used against malignant cells in treatment of cancerous tumors, vials and syringes, gauze and gloves, infusion bags and other materials shall be empty or contain only such trace amounts of chemotherapeutic drugs as are allowable under applicable Federal, state, county or municipal laws, regulations and guidelines so as to be considered waste.
2.5 INFECTIOUS WASTES:
· Laboratory wastes, including cultures of etiologic agents, which pose a substantial threat to health due to their volume and virulence.
· Pathologic specimens, including human or animal tissues, blood elements, excreta and secretions which contain etiologic agents and attendant disposable fomites.
· Surgical specimens, including human or animal parts and tissues removed surgically or at autopsy which contains etiologic agents and attendant disposable fomites.
· Equipment, instruments, utensils and other disposable materials which are likely to transmit etiologic agents from the room of humans, or the enclosures of animals which have been isolated because of suspected or diagnosed communicable disease
· Human dialysis waste materials including arterial lines and dialysate membranes.
· Carcasses of animals infected with etiologic agents which may present a substance hazard to public health if improperly managed.
· Any other material which, in the determination of the facility infection control staff, presents a significant danger of infection because it is contaminated with or may reasonably be expected to be contaminated with etiologic agents.
· Provide incident response to all Category A-B within a 24 hour response time – performed in accordance with Centers for Disease Control & Prevention (CDC) guidelines; http://www.bt.cdc.gov/Agent/agentlist-category.asp Reference 3.4 DOT Guidelines (40 CFR parts 171-180)
2.6 ETIOLOGIC AGENTS:
A type of microorganism, helminthic or virus which causes or significantly contributes to the case of increased morbidity or mortality of human beings.
3. INCINERATED INFECTIOUS WASTES
3.1 Infectious wastes that have been incinerated, steam sterilized or otherwise treated so as to be non-infectious, may be handled as noninfectious, nonhazardous, regular solid waste unless the material is defined as a hazardous waste (40 CFR 261.4(b)) or hazardous material (49 CFR 171.8 and 49 U.S.C. 5103)
3.2 HAZARDOUS WASTE (40 CFR 261.4(b))
“Hazardous Waste” means any waste material or mixture of wastes which is toxic, corrosive, flammable, an irritant, a strong sensitizer or which generates pressure through decomposition, heat or other means, if such a waste or mixture of wastes may cause substantial injury, serious illness or harm to humans, domestic livestock or wildlife. Hazardous waste includes extremely hazardous waste.
3.3 HAZARDOUS MATERIAL (49 CFR 171.8 and 49 U.S.C. 5103)
“Hazardous Material” means any substance or mixture of substance which is toxic, corrosive, flammable, an irritant, a strong sensitizer or which generates pressure through decomposition, heat or other means, if such a substance or mixture of substances may cause substantial injury, serious illness or harm to human, domestic livestock or wildlife. Hazardous material includes extremely hazardous material.
3.4 DOT Guidelines (40 CFR parts 171-180)
CATEGORY A: An infectious substance in a form capable of causing permanent disability or life threatening or fatal disease in otherwise healthy humans or animals when exposure to it occurs. An exposure occurs when an infectious substance is released outside of its protective packaging, resulting in physical contact with humans or animals. Classification must be based on the known medical history or symptoms of the source patient or animal, endemic local conditions, or professional judgment concerning the individual circumstances of the source human or animal. Category A poses a higher degree of risk than Category B.
CATEGORY B: An infectious substance not in a form generally capable of causing permanent disability or life-threatening or fatal disease in otherwise healthy humans or animals when exposure to it occurs. This includes Category B infectious substances transported for diagnostic or investigational purposes.
4. DISPOSAL AND SANITATION REQUIREMENTS
4.1 Contractor shall employ the proper methods of treating and destruction of wastes such as incineration and recycling or any other acceptable methods in accordance with EPA and industry standards. Disposal shall be performed in such a manner as not to create conditions detrimental to public health or to constitute a public nuisance.
4.2 The pick-up area where containers are placed shall be maintained in a clean, orderly, sanitary condition. Particular attention shall be paid to the prompt clean-up of oil and/or grease leakage or spills, either generated from vehicles used to haul containers or because of a container leakage.
4.3 Should hazardous, radiological, DEA controlled substances, or universal waste be released during the performance of services under this contract, through no fault of the VA facilities, the Contractor will be responsible for all costs associated with the satisfactory remediation of the incident. This will include the cost of all labor and materials as well as any actual damages incurred to the facility and harm caused to patients, visitors and staff of the medical center. The remediation efforts shall be performed to the satisfaction of the cognizant regulatory authorities and the VISN 8 Environmental Protection Program Manager. Contractor shall immediately notify the COR of any incident on VA property.
4.4 Contractor furnished containers shall be kept serviceable, neat, clean and sanitary in appearance and repaired or replaced as necessary.
5. CONTAINERS
5.1. The Contractor shall provide, TB02 – 130gl reusable containers, 96gl reusable containers, 30gl reusable containers and 4.12cf leak resistance biohazard waste container.
Included in the unit prices state in the pricing section of this contract, 350 leak resistant 4x4/(4.12cf) cu. ft. bio-hazard waste containers for the specifically indicated location. These containers shall be in serviceable condition, have tight fitting lids, durable, rigid, puncture resistant, do not leak, and are labeled, color-coded, clearly marked (or markable).
5.2. Inspection for leaks and corrosion shall be performed routinely by the Contractor prior to furnishing containers to the VA. VA Personnel will distribute the containers throughout the facility and will return them to the waste pick-up area.
5.3. The Contractor shall provide 4 x 6-inch biohazard labels for application on the containers.
5.4. The Contractor shall properly cleanse the containers prior to distribution to the VA Facility with a hospital grade disinfectant and each container shall be clean and free of foul or offensive odors.
6. DOCUMENTATION
6.1. The manifest shall be used to track the waste from the point of generation to the designated disposal location. Once the material has reached the disposal facility, a copy of the manifest and certificate shall be provided to the COR, confirming that the material has been properly handled and disposed of. The Contractor shall provide a manifest for each pick-up, certifying the number of containers and types of waste picked up, removed and transported from each VA Facility and, upon destruction of the waste, shall provide appropriate copies of the manifest form to indicate date, place and manner of destruction and/or disposal. VA will keep its copy on file in accordance with agency procedures.
6.2. Monthly Report:
The Contractor shall also provide, in accordance with applicable regulation, a detailed daily activity statement which shows in columnar form information including, but not limited to, the service date, container/tub number, weight (in pounds), pick-up location and other important data such as the documentation of the line item numbers on the invoice for accurate payments. Invoices that do not have the Line Items number listed will be returned for correction. This tracking document shall be provided to the COR on a monthly basis along with monthly invoices.
6.3. Weight System:
The Contractor shall provide a certifiable weighing system to enable proper billing for “tare weight” waste poundage disposed, i.e., if the disposal container weighs 10 pounds and the Contractor is to dispose of 10 containers, each container shall be weighed, and container total weight is subtracted from the gross container weight to determine the total waste poundage to be recorded.
7. SAFETY TRAINING
7.1. Contractor shall provide documentation for yearly in-service training to VA Employees, upon request of the VA Facility. Training shall include methods on how to identify and handle infectious waste with special emphasis of Right to Know compliance. Training shall also include applicable requirements of the U.S. Department of Transportation as a waste generator.
7.2. Contractor shall comply with all applicable federal, state, county regulations on workers’ safety standards and related training. All Contractor personnel involved in the performance of this contract shall have received training regarding the handling of infectious materials, and emergency procedures to be followed in case of a spill. Certification of such training must be provided within 15 days of receiving notice of award of the contract. Certification for any new employees shall be provided to the COR within thirty (30) days of receipt of the training.
7.3. The Contractor will be responsible for properly containerizing all lab-packs and for assuming all safety measures (example: PPE) to prevent harm or injury to VA patients, visitors, employees, contractor employees, and the environment (example: storm drains). The VISN Environmental Protection Manager and local VA COR(s), Safety Officer/Specialists, Industrial Hygienists, Green Environmental Management System (GEMS) Coordinators and VA Police have the authority under this contract to present a verbal “stop work order” pertaining to job activity they reasonably believe represents an imminent hazard to life, property or the environment. This verbal order shall be followed up by a written stop work order issued by the Contracting Officer (CO) as soon as feasible after the imminently hazardous situation has been stabilized or abated.
8. INTERFERENCE TO NORMAL FUNCTION
8.1 Contractor personnel shall interrupt their work at any time to avoid interference with patient care procedures and the normal function of the facility, including utility services, fire protection systems, and passage of facility patients, personnel, equipment and carts.
9. MODIFICATION & CHANGES TO THE SOW
9.1 Any modification to the contract will be in writing. The modification will be prepared by the VA Contracting Officer (CO) prior to going into effect.
9.2 Any changes to this SOW shall be authorized and approved only through written correspondence from the CO. A copy of each change will be kept in a project folder along with all other products of the project. Costs incurred by the contractor through the actions of parties other than the CO shall be borne by the contractor.
10. PERIOD OF PERFORMANCE
10.1 This contract shall consist of a Base Year of 12 months plus four (4) pre-priced one-year option periods.
| 10.1.1 Base Year: | September 15, 2020 – September 14, 2021 |
| 10.1.2 Option One: | September 15, 2021 – September 14, 2022 |
| 10.1.3 Option Two: | September 15, 2022 – September 14, 2023 |
| 10.1.4 Option Three: | September 15, 2023 – September 14, 2024 |
| 10.1.5 Option Four: | September 15, 2024 – September 14, 2025 |
10.2 See Price/Cost Schedule of the Request for Quote (RFQ).
11. GOVERNMENT HOLIDAYS:
| · New Year’s Day………………………………………… | January 1 |
| · Martin Luther King’s Birthday…………………………. | 3rd Monday in January |
· President’s Day…………………………………………..3rd Monday in February
· Memorial Day…………………………………………… Last Monday in May
· Independence Day………………………………………...July 4th
· Labor Day……………………………………………… 1st Monday in September
· Columbus Day……………………………………………2nd Monday in October
· Veteran’s Day…………………………………………… November 11
· Thanksgiving Day………………………………………...Last Thursday in November
· Christmas Day………………………………………........December 25
Any other day designated by the President as a national holiday. When one of the holidays falls on a Sunday, the following Monday will be observed as a legal holiday. When holiday falls on a Saturday, the preceding Friday is observed as a legal holiday by US Government agencies.
12. SERVICE SCHEDULE
12.1 Bio-hazardous waste removal services shall take place during regular working hours which are from 8:00 a.m. to 6:30 p.m. Should the day for pick-up fall on a holiday, pick-up is to take place on the next regular scheduled workday.
12.2 Below is an estimation of the amount of bio-waste each facility produces. These frequencies, weight estimations and number of locations are subject to change dependent upon the number of patients and volume of waste produced.
12.3 The frequency of service shall be as follows:
| Item no. |
| Description |
| Estimated Monthly QTY |
| Unit |
| Frequency of Pick-Up |
| 0001 |
| James A Haley VAMC, |
13000 Bruce B. Downs Blvd Tampa, FL 33612 37,500 lbs. (avg.)
TB02 130gl or larger and 96gl reusable containers 450,000 lbs. est. annually
| Pounds |
| 6 Days per Week |
| 0002 |
| New Port Richey VA Outpatient Clinic (NPROPC), |
9912 Little Road, New Port Richey, FL 34654 708 lbs.
(avg.)
96gl reusable containers 8,500 lbs. est. annually
| Pounds |
| 2 Days per Week |
| 0003 |
| Mental Health Outpatient Clinic (MHOPC), |
10770 N 46th St, Bldg. E Tampa, FL 33617 2 Containers (avg.) monthly 12 containers est. annually
| 4.12 Cubic Foot Container |
| Once per Month |
| 0004 |
| Primary Care Annex (PCA), |
13515 Lake Terrace LN, Tampa, FL 33637 600 lbs. (avg.)
10-12 96gl reusable containers 7,200 est. annually
| Pounds |
| 3 Days per Week |
| 0005 |
| Falls Clinic, |
8900 Grand Oaks Circle, Tampa, FL 33637 1 Container 12 Containers est. annually
| 4.12 Cubic Foot Container |
| Once per month |
| 0006 |
| Research Dept. |
3802 Spectrum Blvd.
Suites 300 & 308 Tampa, FL 33612
83.3 lbs. (avg) 30gl reusable container 1,000 lbs. est. annually
| Pounds |
| Bi-weekly |
Lakeland CBOC 4237 S. Pipkin Rd.
Lakeland, FL 33811
| 1- 96gl reusable container |
| Pounds |
| Once Per Month |
Zephyrhills CBOC 6937 Medical View Lane Zephyrhills, FL 33541 1 Container 12 containers est. annually
| 4.12 Cubic Foot Container |
| Once Per Month |
Brooksville CBOC 14540 Cortez Blvd.
Suite 108 Brooksville, FL 34613 (Closed due to COVID 19, but services will be needed once reopened).
1 - 96gl reusable container 2 - 4.12 Cubic Foot Container 12 containers est. annually
| Pounds and 4.12 Cubic Foot Container |
| Once Per Month |
| 0010 |
| Emergency category |
| SOHI -South Hillsborough Community Based Outpatient Clinic, 12920 Summerfield Crossing Rd, Riverview, FL 33578 |
| 20 Containers |
235 Containers est. annually
| 4.12 Cubic Foot Container |
| 6 Days per Week |
Pharmacy Service (119) 12210 Bruce B. Downs Blvd Tampa, FL 33612 1 Container 12 containers est. annually
| 4.12 Cubic Foot Container |
| Once per Month |
Lecanto CBOC 2804 W Marc Knighton Ct Suite A, Lecanto, FL 34461
Not to exceed 60 lbs.
96gl reusable container 60 lbs. est. annually
| Pounds |
| Bi-Weekly |
* Pickup shall be the next business day unless mutually agreed to otherwise by the COR
13. SAFETY REQUIREMENTS:
13.1 The Contractor will provide proof of all applicable permits and insurance certificates required under the laws of the State of Florida.
13.2 The Contractor warrants and represents that all personnel assigned to the premises under this contract are their employees and have been trained in the performance of the duties set forth in this contract, in accordance with Federal, State and applicable local regulations.
13.3 The containers shall be transported in locked security carts, cleaned and contents disposed of in accordance with all applicable Federal, State and local regulations.
13.4 The contractor agrees to comply with the policies of the Medical Center, including, but not limited to compliance with the standards of the Joint Commission.
13.5 All service techs performing under this contract shall be fully trained by Contractor in aseptic and sterile technique and personal protective equipment use.
13.6 The VAMC will be responsible for the segregating of all waste in accordance with Federal, state and local requirements.
13.7 The VAMC reserves the right to thoroughly inspect the Contractor’s facility and treatment plant to assure acceptable standards of performance
13.8 Contractor will not accept any radioactive waste.
13.9 The contractor shall exercise safety precautions, as deemed necessary by the COR or his/her designee during the performance of the contract, in order to protect lives and the health of patients and employees. The COR will notify the Contractor of any noncompliance with the foregoing provisions and advise the contractor of the action to be taken. After receipt of such notice, the Contractor shall immediately initiate corrective action. If the Contractor fails or refuses to comply promptly, the COR will notify the Contracting Officer who can issue a Stop-Work order for all or any part of the work and hold the Contractor in default as provided elsewhere in this contract.
14 TRANSITION PERIOD:
14.1 The succeeding contractor shall coordinate with the outgoing contractor, CO, & COR to ensure a seamless transition of contractor furnished property (i.e. containers) needed to successfully perform the requirements of the contract.
14.2 The successful offeror shall have all required containers, label, et cetera needed by the effective date of the contract.
36C24820Q1044
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SECTION C - CONTRACT CLAUSES
C.1 52.212-4 CONTRACT TERMS AND CONDITIONS—COMMERCIAL ITEMS (OCT 2018)
(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 people 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.
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