36C24924Q0103 TVHS Regulated Medical Waste and Sharps Removal Combined Synopsis Solicitation.pdf

Combined Synopsis-Solicitation 36C24924Q0103 Regulated Medical Waste and Sharps Removal

Description This is a combined synopsis/solicitation for commercial products and commercial services prepared in accordance with the format in Federal Acquisition Regulation (FAR) subpart 12.6, “Streamlined Procedures for Evaluation and Solicitation for Commercial Products and Commercial Services,” as supplemented with additional information included in this notice.

This announcement constitutes the only solicitation; quotes are being requested, and a written solicitation document will not be issued.

This solicitation is issued as an RFQ. The solicitation document and incorporated provisions and clauses are those in effect through Federal Acquisition Circular 2023-06 effective December 4, 2023.

This solicitation is set-aside for SDVOSB/VOSB

The associated North American Industrial Classification System (NAICS) code for this procurement is 562112, with a small business size standard of $47 million.

The FSC/PSC is S222.

The VHA Contracting NCO 9, 1639 Medical Center Parkway, Suite 204, Murfreesboro, TN 37129 is seeking to purchase services for Regulated Medical Waste and Sharps Removal.

All interested companies shall provide quotations for the following:

Supplies/Services

ITEM

NUMBE

R

DESCRIPTION OF

SUPPLIES/SERVICE

S QUANTITY

UNI

T UNIT PRICE AMOUNT

26,000.0

LB _______________ _______________

Medical Waste Removal (Autoclave) Period of Performance January 15, 2024 - January 14, 2025 PRINCIPAL NAICS CODE: 562112 - Hazardous Waste Collection PRODUCT/SERVICE CODE: S222 - Housekeeping - Waste Treatment/Storage

2,800.00 LB _______________ _______________

Incinerated Waste (Trace Chemo ect.)

Period of Performance January 15, 2024 - January 14, 2025 PRINCIPAL NAICS CODE: 562112 - Hazardous Waste Collection

1,700.00 LB _______________ _______________

CBOC RMW

Period of Performance January 15, 2024 - January 14, 2025

ITEM

NUMBE

R

DESCRIPTION OF

SUPPLIES/SERVICE

S QUANTITY

UNI

T UNIT PRICE AMOUNT

PRINCIPAL NAICS CODE: 562112 - Hazardous Waste Collection PRODUCT/SERVICE CODE: S222 - Housekeeping - Waste

12.00 MO _______________ _______________

Reusable Sharps Program Nashville

Period of Performance January 15, 2024 - January 14, 2025 PRINCIPAL NAICS CODE: 562112 - Hazardous Waste Collection

Reusable Sharps Program Murfreesboro

Period of Performance January 15, 2024 - January 14, 2025 PRINCIPAL NAICS CODE: 562112 - Hazardous Waste Collection

Reusable Sharp Program CBOC's

Period of Performance January 15, 2024 - January 14, 2025 PRINCIPAL NAICS CODE: 562112 - Hazardous Waste Collection

LB _______________ _______________

Medical Waste Removal (Autoclave) Period of Performance January 15, 2025 - January 14, 2026 PRINCIPAL NAICS CODE: 562112 - Hazardous Waste Collection

Period of Performance January 15, 2025 - January 14, 2026 PRINCIPAL NAICS CODE: 562112 - Hazardous Waste Collection

Period of Performance January 15, 2025 - January 14, 2026

R

DESCRIPTION OF

SUPPLIES/SERVICE

S QUANTITY

UNI

T UNIT PRICE AMOUNT

PRINCIPAL NAICS CODE: 562112 - Hazardous Waste Collection PRODUCT/SERVICE CODE: S222 - Housekeeping - Waste

Period of Performance January 15, 2025 - January 14, 2026 PRINCIPAL NAICS CODE: 562112 - Hazardous Waste Collection

Period of Performance January 15, 2025 - January 14, 2026 PRINCIPAL NAICS CODE: 562112 - Hazardous Waste Collection

Period of Performance January 15, 2025 - January 14, 2026 PRINCIPAL NAICS CODE: 562112 - Hazardous Waste Collection

LB _______________ _______________

Medical Waste Removal (Autoclave) Period of Performance January 15, 2026 - January 14, 2027 PRINCIPAL NAICS CODE: 562112 - Hazardous Waste Collection

Period of Performance January 15, 2026 - January 14, 2027 PRINCIPAL NAICS CODE: 562112 - Hazardous Waste Collection

Period of Performance January 15, 2026 - January 14, 2027

R

DESCRIPTION OF

SUPPLIES/SERVICE

S QUANTITY

UNI

T UNIT PRICE AMOUNT

PRINCIPAL NAICS CODE: 562112 - Hazardous Waste Collection PRODUCT/SERVICE CODE: S222 - Housekeeping - Waste

Period of Performance January 15, 2026 - January 14, 2027 PRINCIPAL NAICS CODE: 562112 - Hazardous Waste Collection

Period of Performance January 15, 2026 - January 14, 2027 PRINCIPAL NAICS CODE: 562112 - Hazardous Waste Collection

Period of Performance January 15, 2026 - January 14, 2027 PRINCIPAL NAICS CODE: 562112 - Hazardous Waste Collection

LB _______________ _______________

Medical Waste Removal (Autoclave) Period of Performance January 15, 2027 - January 14, 2028 PRINCIPAL NAICS CODE: 562112 - Hazardous Waste Collection

Period of Performance January 15, 2027 - January 14, 2028 PRINCIPAL NAICS CODE: 562112 - Hazardous Waste Collection

Period of Performance January 15, 2027 - January 14, 2028

R

DESCRIPTION OF

SUPPLIES/SERVICE

S QUANTITY

UNI

T UNIT PRICE AMOUNT

PRINCIPAL NAICS CODE: 562112 - Hazardous Waste Collection PRODUCT/SERVICE CODE: S222 - Housekeeping - Waste

Period of Performance January 15, 2027 - January 14, 2028 PRINCIPAL NAICS CODE: 562112 - Hazardous Waste Collection

Period of Performance January 15, 2027 - January 14, 2028 PRINCIPAL NAICS CODE: 562112 - Hazardous Waste Collection

Period of Performance January 15, 2027 - January 14, 2028 PRINCIPAL NAICS CODE: 562112 - Hazardous Waste Collection

LB _______________ _______________

Medical Waste Removal (Autoclave) Period of Performance January 15, 2028 - January 14, 2029 PRINCIPAL NAICS CODE: 562112 - Hazardous Waste Collection

Period of Performance January 15, 2028 - January 14, 2029 PRINCIPAL NAICS CODE: 562112 - Hazardous Waste Collection

Period of Performance January 15, 2028 - January 14, 2029

R

DESCRIPTION OF

SUPPLIES/SERVICE

S QUANTITY

UNI

T UNIT PRICE AMOUNT

PRINCIPAL NAICS CODE: 562112 - Hazardous Waste Collection PRODUCT/SERVICE CODE: S222 - Housekeeping - Waste

Period of Performance January 15, 2028 - January 14, 2029 PRINCIPAL NAICS CODE: 562112 - Hazardous Waste Collection

Period of Performance January 15, 2028 - January 14, 2029 PRINCIPAL NAICS CODE: 562112 - Hazardous Waste Collection

12.00 MO ________________

Reusable Sharp Program CBOC's Period of Performance January 15, 2028 - January 14, 2029 PRINCIPAL NAICS CODE: 562112 - Hazardous Waste Collection

GRAND TOTAL ________________

STATEMENT OF WORK

Regulated Medical Waste and Sharps Removal.

GENERAL:

Scope: VA Tennessee Valley Health Care System, hereafter referred to as “TVHS”, is seeking a full-service contract for the purpose of this solicitation is for the Contractor to provide Regulated Medical waste removal and a reusable Sharps program. All services shall be performed by qualified Contractors who are licensed and authorized to perform the work defined herein. All services shall be completed in a timely manner and in accordance with the state, local, federal, and VA standards as listed in the Statement of Work.

It shall be the Contractor’s responsibility to ensure that all equipment/supplies and/or materials required during the performance of the work will comply with all Conformance Standards in the industry. The contractor also has the responsibility for maintaining/repairing the equipment/materials, or supplies required at no cost to the VA. TVHS top priorities is the minimization of waste to include significant efforts in recycling and waste diversion. The requested services will render all RMW, chemotherapeutic and pathological waste non-recognizable and non-infectious. It is preferable that resulting waste be sent in whole or in part for disposal as fuel in electrical co-generation, incinerated, and/or as much of the waste be recycled as possible (e.g., plastic, metal, etc.).

Background: Waste specifications for removal of Regulated Medical Waste (RMW) to include Pathological and Chemotherapeutic. The Environmental Protection Agency (EPA) defines RMW as "any solid waste that is generated in the diagnosis, treatment, or immunization of human beings or animals, in research pertaining thereto, or in the production or testing of biologicals." This may include any waste material or article which harbors, or may reasonably be considered to harbor, pathogens which might be expected to produce disease in healthy individuals. Medical waste subject to these requirements includes waste that generally has been considered infectious or potentially infectious by the health care community, as well as waste originating from health care or research facilities that are aesthetically objectionable and thus, problematic when disposed of improperly. "Trace" chemotherapeutic waste shall be included in the scope of this contract. "Bulk" chemotherapeutic waste shall be managed as hazardous waste within the generating facility and disposed of through a separate contract.

Type of Contract: The Government contemplates a single award of an Indefinite Delivery Indefinite Quantity (IDIQ) contract resulting from this solicitation.

The Period of Performance for this contract service shall be five – one year ordering periods.

Ordering Period 1 – January 15, 2024, to January 14, 2025 Ordering Period 2 – January 15, 2025, to January 14, 2026 Ordering Period 3 – January 15, 2026, to January 14, 2027 Ordering Period 4 – January 15, 2027, to January 14, 2028 Ordering Period 5 – January 15, 2028, to January 14, 2029

SPECIFICATIONS:

Regulated Medical Waste (RMW): includes but is not limited to items contaminated with blood and body fluids/waste, trace chemotherapy wastes, sharps, pathological and microbiological waste, or other potentially infectious materials.

Trace chemotherapy is separated from other wastes and labeled for incineration. Trace chemotherapy is defined as vials or other containers that have less than 3% of the original contents by weight, after removing as much of the chemotherapy feasible. It also includes the chemotherapy remaining in all needles, bags, tubing, containers, gloves, and gowns used during chemotherapy infusions.

Reusable Sharps Program: shall include the removal and disposal of existing sharps containers system (including disposable containers, wall brackets, carts, and cabinets);

installation of reusable sharps containers (including lockable mounting brackets, stationary stands, mobile carts, and bulk storage/transport carts); in-service training to staff on use and handling of containers and proper segregation of medical sharps waste from other medical waste; monitoring reusable sharps containers at each point of use to provide timely collection of full containers and replacement with clean/sanitized containers; transportation and disposal of medical sharps waste in accordance with Federal, State, and Local laws and regulations.

The contractor shall furnish appropriate containers for pick-up, and disposal of all specified waste. Based on the estimated monthly weight of – regulated medical waste 349,464 lbs. a year 29,122 lbs. a month; chemotherapy waste 6000 lbs. a year and 500 lbs. a month), pick-ups will be scheduled at a minimum of three times per week.

Contractor provided containers shall be leak-proof, stackable, sealable, transportable, and designed so that government employees will not be required to lift more than 35 lbs. and shall display the universal biohazard symbol. All containers shall always be damage free and in good working order.

The Contractor shall supply the VA with an adequate number of clean, disinfected, rigid, stackable storage containers with tight-fitting covers that can be securely sealed. The Contractor shall provide disinfected storage containers of sufficient quantity to ensure adequate capacity as needed by the VA for IV and Trace Chemo. At a minimum, a one-to-one exchange of containers for each filled container in both pickup locations will be provided by the Contractor. Currently, the estimated weight of RMW and trace chemo waste generated by the TVHS is 349,464 pounds a year.

The storage containers must be lined with Contractor provided red bags or yellow Trace Chemo bags as applicable to the waste to be stored in the container. Contractor supplied bags shall be constructed of a material of sufficient single thickness and strength to pass the 165-gram dropped dart impact resistance test as prescribed by American Society for Testing and Materials (ASTM) standard d 1709-75, which is incorporated herein by reference.

Containers must be conspicuously labeled in accordance with guidelines and regulations prescribed by regulatory authorities including DOT and OSHA Standards. All containers must be labeled with the Contractor’s and the VA’s names, addresses, and phone numbers. All labels containing VA identifiers must be removed from containers at the time of waste treatment and/or disposal.

Containers must be identifiable as to the type of hazardous waste contained within, (i.e., yellow for chemo, red for medical waste) all containers shall be approved by the COR.

Contractor will remove full containers and replace them with an equal number of empty sanitized containers. Sanitizing shall be completed at an offsite location.

Prior to departing the VAMC-TVHS contractor shall obtain the COR or designee’s signature for confirmation of manifest including but not limited to:

Pickup/Delivery Location

Pickup/Delivery Date

Amount of waste (number of containers picked up and/or pounds)

Destruction Certification Document/Manifest Number.

Any other information as required by the COR.

Contractor shall ensure that the handling, licensing, and final disposal of Regulated Medical Waste, is in compliance with the Department of Transportation (DOT), Environmental Protection Agency (EPA), Department of Health and Environmental Control, Food and Drug Administration (FDA), DEA and applicable Federal, State and Municipal governmental regulations and codes. This shall include:

Transport Vehicles:

Vehicles shall be equipped with fully enclosed leak-resistant cargo body, maintained in a sanitary condition, and secured when left unattended.

Vehicles shall bear the required transporter’s name, State permit and the words as it applies to the type of waste that it will be carrying on the sides of the body.

Waste shall not be subject to mechanical stress.

Regulated medical waste shall not be combined with other waste.

Marking requirements:

Transporter shall provide waste-resistant labeling on all containers of regulated waste with the following information:

Name of Transporter or immediate handler.

State permit or identification number of the transporter

Intermediate Handlers: No intermediate handlers or subcontracting or transportation shall be allowed.

SCHEDULE FOR DELIVERABLES: All RMW waste will be loaded into 96 gallon reusable mobile bins on wheels at TVHS and corrugated cardboard boxes (various sizes available) to accommodate the disposable of RMW at CBOCs, which will then be stored in the soiled utility room to be picked up once a month by fully trained, licensed and insured transportation personnel. Waste pick-up will be from the hospital designated waste holding area. The day of pick-up will be based on the following schedule of pick-ups for the following locations:

Normal Work Hours: Waste shall be picked up Monday through Friday, excluding federal holidays, at building #36 (incinerator building), between the hours of 6:00 a.m. and 9:00 a.m.

Contractor: is to provide a documented back up plan in the event circumstances disrupt s his ability to provide pick up services. Services will be provided within 24 hours of a failure to meet scheduled pick-up times.

National Holidays: The 11 holidays observed by the Federal Government are: New Year’s Day, Martin Luther King’s Birthday, President’s Day, Memorial Day, Juneteenth, Independence Day, Labor Day, Columbus Day, Veteran’s Day, Thanksgiving Day and Christmas Day and any other day specifically declared by the President of the United States to be a national holiday.

Documentation from The Contractor: Contractor shall be responsible for providing a detailed manifest of all medical waste, pharmaceutical, and control substances transported from the VA Medical Center to include the date, location, and proof of destruction. All medical waste collected from the VA will be weighed on site and a copy of the manifest stating the date collected, pounds of medical waste per cart and the number of carts must be left with the Contracting Officer Representative or the CEP Bldg. on the day of collection. The contractor is required to provide a signed and legible manifest attesting to the destruction of the medical waste and will be provided to the COR within 30 days of the destruction of the medical waste.

The Certificate of Destruction shall at a minimum contain the following:

Pickup/Delivery Location Pickup/Delivery Date Amount of waste (number of containers picked up and/or pounds) Destruction Certification Document/Manifest Number Destruction Certification Date Any other information as required by the COR.

Training Plan: Contractor shall provide annual training to government staff as required by the COR and will be required to provide a training plan that identifies what training will be provided to VA staff and what training will be provided to the contractor’s staff. Training shall include proper handling of medical/special waste; interim storage requirements, proper identification and labeling of wastes, etc. Training shall be documented and shall be provided 24-7 during initial installation to ensure that training is available to all employees that will be required to handle waste. Contractor shall provide in–service training for staff not available at the time of training at no additional cost to the Government. Additional specific training will be required as follows:

Certificates of training and experience of staff and/or personnel who will perform site work under this contract (all technicians that will work on VA premises will be expected to have received at least the minimum training required by law as specified in 29CFR 1910-120, 40 CFR Parts 260-265 and 49 CFR Parts 171-178.

Contingency Plan: The Contractor shall have in place and maintain a valid contingency plan to meet the requirements of the contract to avoid an interruption of service due to failure of equipment or personnel issues. The Contractor shall provide the VA COR a contingency plan addressing back-up plans for collection, transportation, treatment, and disposal of the VA’s waste in the event of any condition which impedes the ability to perform the services specified in this SOW. The Contractor shall incur all cost associated with fulfilling this contingency plan at no additional cost to the Government.

Provide the following information on the contractor's emergency response (ER) capabilities (or any changes to original submission):

Contractor's ER policies.

ER capabilities and experience and limitations.

Type of ER equipment maintained (specify if owned or subcontracted and from whom).

Personnel availability, training, and experience.

Contractor's emergency response procedure shall describe:

How to request an emergency response.

How the contractor notifies personnel and initiates response action.

Incident command procedures followed by the contractor.

ER work practices.

ER protection of health and safety practices.

ER invoicing policy.

Management Plan: the contractor needs to provide details on how they will be managing the day-to-day operation, a list of key personnel, implementation plan, transition plan and any other information that may be vital to the management of this contract. This shall include information on the appointed project manager who will have responsibility for the performance of the waste removal services. The project manager or designee shall be competent to supervise all aspects of medical waste removal services and shall be available on-site within 4 hours after notification when problems arise with contractor’s work or if emergencies arise at this facility, which pertains to the contractor’s responsibilities or duties. The project manager shall, in the absence of the contractor, act for the contractor as contractor’s representative.

During the first ninety (90) days of performance, the Contractor shall make NO substitutions of key personnel unless the substitution is necessitated by the individual’s illness, death, or termination of employment. The Contractor shall notify the Contracting Officer, in writing, within 5 calendar days after the occurrence of any of these events and provide the information required by paragraph (2) below. After the initial 90-day period of the contract, the Contractor shall submit the information required by paragraph (b) to the Contracting Officer at least 5 days prior to making any permanent substitutions.

The Contractor shall provide a detailed explanation of the circumstances necessitating the proposed substitutions, complete resumes for the proposed substitutes, and any additional information requested by the Contracting Officer. Proposed substitutes shall have comparable qualifications to those of the persons being replaced. The Contracting Officer will notify the

Contractor after receipt of all required information of the decision on the proposed substitutes.

The contract will be modified to reflect any approved changes of key personnel.

Contractor Furnished Equipment, Materials, and Information: Contractor shall, at no additional cost to the Government, provide and maintain licenses, permits, vehicles, operators, equipment, and materials to properly handle, package, label, transport, and dispose of medical sharps waste generated at TVHS. Contractor is responsible for maintaining liability insurance for the duration of the contract.

Safety Plan Requirements: Contractor personnel and equipment shall comply with all applicable state, federal and local regulations. The Contractor agrees that his personnel and equipment are subject to safety inspections by Government personnel while on Federal property. The Contractor shall ensure that all personnel involved in the handling, repackaging, and transportation of the items listed herein shall be trained in the areas of spills, and general first aid procedures. The Contractor will, without additional cost to the VA provide and maintain all licenses and permits for operational personnel, trailers, containers, vehicles, and other resources required for proper removal of pharmaceutical wastes in accordance with all applicable Federal, State, Municipal, and local regulations [e.g., OSHA, EPA, CFR (DOT) including, but not limited to HM-18]. If appropriate licenses are not maintained in accordance with Federal, State, and local requirements, the VA may terminate the contract effective upon discovery. The VA reserves the right to halt work if the COR determines work is being done in an unsafe/unhealthy manner or that could harm the environment. VA will not incur additional costs if work is halted for good cause.

Required Submittals - The following shall be provided to the COR with bid proposal submission for evaluation purposes and annually within thirty (30) days of the renewal date of this contract with any changes to original submission clearly identified and highlighted:

Current waste transporter permit(s)

List of all transfer stations, treatment, storage, and disposal facilities (TSDFs) including incineration, wastewater and sludge treatment facilities that shall be utilized during this contract to include the capacity of these facilities and the waste codes for the waste streams they are permitted to accept by treatment technology. Address, phone number and other contact information shall be provided. The VA reserves the right to inspect each of these facilities before approving its use or at any time during or after contract period while VA wastes are present.

Copy of Operator permit(s)

Provide a copy of US EPA identification number(s) certificate for each business entity operated by the contractor that will provide service regarding any aspect of VA waste disposal program (i.e., storage, transfer, incinerator sites). Provided a copy of certificate of registration with the State EPA as a hazardous waste transporter for each business entity operated by the contractor that will provide hazardous waste transportation services for any aspect of VA waste disposal program.

Provide a detailed SITE-SPECIFIC safety plan that will be used to ensure that workers and nearby population will be adequately protected during packaging and removal operations.

Provide information identifying any proposed subcontractors and identifying services to be performed by the subcontractors. Contractor must submit evidence that subcontractor is qualified and legally able to provide services. (ALL subcontractors must be approved by the COR prior to performing any duties under this contract).

Quality Assurance Plan: The contractor shall have a Quality Control Program to ensure the requirements of this contract are provided as specified. The Contractor shall be liable for all expenses incurred by the Government due to the Contractor’s inability to perform in accordance with these requirements. The contractor will be expected to meet all the needs of the contract and required to provide a Quality plan describing how they will meet the needs of this contract. The program shall include, but will not be limited to, the following:

An inspection system covering the services listed in the Statement of Work. It must specify areas of work to be inspected on a scheduled basis.

A method of identifying deficiencies in the quality of services performed before the level of performance becomes unacceptable.

A record of all inspections conducted by the contractor and any corrective action taken. The documented Quality Control Program and records of inspections shall be made available to the Government upon request.

All information received will be provided either verbally and/or in writing to the contractor for appropriate action.

Place of Performance

1 Alvin C. York VA Medical Center 3400 Lebanon Pike Murfreesboro, TN 37129

UNITED STATES

2 Nashville Campus 1310 24th Avenue South Nashville, TN 37212

UNITED STATES

3 Chattanooga VA Outpatient Clinic 6098 Debra Rd Suite 5200, Bldg. 6200 Chattanooga, Tennessee 37411

UNITED STATES

4 Charlotte Avenue Clinic 1919 Charlotte Avenue Nashville, TN 37203

UNITED STATES

5 Women Veterans Healthcare Center

1919 Charlotte Avenue Suite 300 Nashville, TN 37203

UNITED STATES

6 Albion Street Outpatient Clinic 1818 Albion Street Nashville, TN 37208

UNITED STATES

7 Tullahoma Outpatient Clinic 225 Von Karman Road Arnold Air Force Base, TN 37389

UNITED STATES

8 Clarksville Dental Clinic 2291 Dalton Drive

Combined Synopsis-Solicitation 36C24924Q0103 Regulated Medical Waste and Sharps Removal

Suite F Clarksville, TN 37043

UNITED STATES

International Plaza VA Clinic 2 International Plaza Suite 300 Nashville, TN 37217

UNITED STATES

10 Clarksville VA Medical Clinic

782 Weatherly Drive Clarksville, TN 37043

UNITED STATES

The full text of FAR provisions or clauses may be accessed electronically at http://acquisition.gov/comp/far/index.html.

The following solicitation provisions apply to this acquisition:

FAR 52.212-1, “Instructions to Offerors–Commercial Products and Commercial Services”

(SEP2023)

52.252-1, SOLICITATION PROVISIONS INCORPORATED BY REFERENCE (FEB 1998)

This solicitation incorporates one or more solicitation provisions by reference, with 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 offeror is cautioned that the listed provisions may include blocks that must be completed by the offeror and submitted with its quotation or offer. In lieu of submitting the full text of those provisions, the offeror may identify the provision by paragraph identifier and provide the appropriate information with its quotation or offer. Also, the full text of a solicitation provision may be accessed electronically at this/these address(es):

https://www.acquisition.gov/browse/index/far https://www.va.gov/oal/library/vaar/

FAR

Number

Title Date

52.204-7 SYSTEM FOR AWARD MANAGEMENT OCT 2018

52.204-16 COMMERCIAL AND GOVERNMENT ENTITY CODE

REPORTING

AUG 2020

52.229-11 TAX ON CERTAIN FOREIGN PROCUREMENTS—

NOTICE AND REPRESENTATION

JUN 2020

(End of Provision)

52.204-24 REPRESENTATION REGARDING CERTAIN TELECOMMUNICATIONS AND

VIDEO SURVEILLANCE SERVICES OR EQUIPMENT (NOV 2021)

52.233-2 SERVICE OF PROTEST (SEP 2006)

Protests, as defined in section 33.101 of the Federal Acquisition Regulation, that are filed directly with an agency, and copies of any protests that are filed with the Government Accountability Office (GAO), shall be served on the Contracting Officer (addressed as follows) by obtaining written and dated acknowledgment of receipt from:

Hand-Carried Address:

Department of Veterans Affairs http://acquisition.gov/comp/far/index.html

Network Contracting Office - 9 3400 Lebanon Pike Murfreesboro TN 37129 Mailing Address:

Department of Veterans Affairs Network Contracting Office - 9 3400 Lebanon Pike Murfreesboro TN 37129

(b) The copy of any protest shall be received in the office designated above within one day of filing a protest with the GAO.

(End of Provision)

VAAR 852.233-70 PROTEST CONTENT/ALTERNATIVE DISPUTE RESOLUTION (OCT

2018)

(a) Any protest filed by an interested party shall—

(1) Include the name, address, fax number, email and telephone number of the protester;

(2) Identify the solicitation and/or contract number;

(3) Include an original signed by the protester or the protester’s representative and at least one copy;

(4) Set forth a detailed statement of the legal and factual grounds of the protest, including a description of resulting prejudice to the protester, and provide copies of relevant documents;

(5) Specifically request a ruling of the individual upon whom the protest is served;

(6) State the form of relief requested; and

(7) Provide all information establishing the timeliness of the protest.

(b) Failure to comply with the above may result in dismissal of the protest without further consideration.

(c) Bidders/offerors and Contracting Officers are encouraged to use alternative dispute resolution (ADR) procedures to resolve protests at any stage in the protest process. If ADR is used, the Department of Veterans Affairs will not furnish any documentation in an ADR proceeding beyond what is allowed by the Federal Acquisition Regulation.

(End of Provision)

VAAR 852.233-71 ALTERNATE PROTEST PROCEDURE (OCT 2018)

(a) As an alternative to filing a protest with the Contracting Officer, an interested party may file a protest by mail or electronically with: Executive Director, Office of Acquisition and Logistics, Risk Management and Compliance Service (003A2C), Department of Veterans Affairs, 810 Vermont Avenue NW, Washington, DC 20420 or Email: EDProtests@va.gov.

(b) The protest will not be considered if the interested party has a protest on the same or similar issue(s) pending with the Contracting Officer.

PLEASE NOTE: The correct mailing information for filing alternate protests is as follows:

Deputy Assistant Secretary for Acquisition and Logistics, Risk Management Team, Department of Veterans Affairs 810 Vermont Avenue, N.W.

Washington, DC 20420

Or for solicitations issued by the Office of Construction and Facilities Management:

Director, Office of Construction and Facilities Management 811 Vermont Avenue, N.W.

Washington, DC 20420 (End of Provision) (End of Addendum to 52.212-1)

FAR 52.212-3, “Offerors Representations and Certifications–Commercial Products and Commercial Services” (NOV 2023)

Offerors must complete annual representations and certifications electronically via the System for Award Management (SAM) website located at https://www.sam.gov/portal in accordance with FAR 52.212-3, “Offerors Representations and Certifications–Commercial Products and Commercial Services.” If paragraph (j) of the provision is applicable, a written submission is required.

The following contract clauses apply to this acquisition:

FAR 52.212-4, “Contract Terms and Conditions–Commercial Products and Commercial Services” (NOV 2023)

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

52.252-2 CLAUSES INCORPORATED BY REFERENCE (FEB 1998)

This contract incorporates one or more clauses by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. Also, the full text of a clause may be accessed electronically at this/these address(es):

https://www.acquisition.gov/browse/index/far https://www.va.gov/oal/library/vaar/

FAR

Number

Title

Date

52.203-17 CONTRACTOR EMPLOYEE WHISTLEBLOWER

RIGHTS

NOV 2023

52.204-4 PRINTED OR COPIED DOUBLE-SIDED ON

POSTCONSUMER FIBER CONTENT PAPER

MAY 2011

52.204-13 SYSTEM FOR AWARD MANAGEMENT

MAINTENANCE

OCT 2018

https://www.sam.gov/portal https://www.acquisition.gov/browse/index/far https://www.va.gov/oal/library/vaar/

52.204-18

52.216-18 52.216-19 52.216-22

COMMERCIAL AND GOVERNMENT ENTITY CODE

MAINTENANCE

ORDERING

ORDERING LIMITATIONS

INDEFINITE QUANTITY

AUG 2020

AUG 2020

OCT 1995

52.228-5 INSURANCE—WORK ON A GOVERNMENT

INSTALLATION

(End of Clause)

JAN 1997

52.217-8 OPTION TO EXTEND SERVICES (NOV 1999)

The Government may require continued performance of any services within the limits and at the rates specified in the contract. These rates may be adjusted only as a result of revisions to prevailing labor rates provided by the Secretary of Labor. The option provision may be exercised more than once, but the total extension of performance hereunder shall not exceed 6 months. The Contracting Officer may exercise the option by written notice to the Contractor within 5 days.

SUPPLEMENTAL INSURANCE REQUIREMENTS

In accordance with FAR 28.307-2 and FAR 52.228-5, the following minimum coverage shall apply to this contract:

(a) Workers' compensation and employers liability: Contractors are required to comply with applicable Federal and State workers' compensation and occupational disease statutes. If occupational diseases are not compensable under those statutes, they shall be covered under the employer's liability section of the insurance policy, except when contract operations are so commingled with a Contractor's commercial operations that it would not be practical to require this coverage. Employer's liability coverage of at least $100,000 is required, except in States with exclusive or monopolistic funds that do not permit workers' compensation to be written by private carriers.

(b) General Liability: $500,000.00 per occurrences.

(c) Automobile liability: $200,000.00 per person; $500,000.00 per occurrence and $20,000.00 property damage.

(d) The successful bidder must present to the Contracting Officer, prior to award, evidence of general liability insurance without any exclusionary clauses for asbestos that would void the general liability coverage.

VAAR 852.201-70 CONTRACTING OFFICER'S REPRESENTATIVE (DEC 2022)

The Contracting Officer reserves the right to designate representatives to act for him/her in furnishing technical guidance and advice or generally monitor the work to be performed under this contract. Such designation will be in writing and will define the scope and limitation of the designee’s authority. A copy of the designation letter shall be furnished to the Contractor.

VAAR 852.203-70 COMMERCIAL ADVERTISING (MAY 2018)

The Contractor shall not make reference in its commercial advertising to Department of Veterans Affairs contracts in a manner that states or implies the Department of Veterans Affairs approves or endorses the Contractor’s products or services or considers the Contractor’s products or services superior to other products or services.

VAAR 852.219-73 VA NOTICE OF TOTAL SET-ASIDE FOR CERTIFIED SERVICE-

DISABLED VETERAN-OWNED SMALL BUSINESSES (JAN 2023) (DEVIATION)

(a) Definition. for the Department of Veterans Affairs, ‘‘Service-disabled Veteran-owned small business concern or SDVOSB’’:

(1) Means a small business concern—

(i) Not less than 51 percent of which is owned by one or more service-disabled Veterans or, in the case of any publicly owned business, not less than 51 percent of the stock of which is owned by one or more service-disabled Veterans or eligible surviving spouses (see VAAR 802.201, Surviving Spouse definition);

(ii) The management and daily business operations of which are controlled by one or more service-disabled Veterans (or eligible surviving spouses) or, in the case of a service-disabled Veteran with permanent and severe disability, the spouse or permanent caregiver of such Veteran;

(iii) The business meets Federal small business size standards for the applicable North American Industry Classification System (NAICS) code identified in the solicitation document;

(iv) The business has been certified for ownership and control pursuant to 38 U.S.C. 8127, 13 CFR 128, and is listed as certified in the SBA certification database at https://veterans.certify.sba.gov/; and

(v) The business agrees to comply with VAAR subpart 819.70 and Small Business Administration (SBA) regulations regarding small business size, government contracting, and the Veteran Small Business Certification Program at 13 CFR parts 121, 125, and 128.

(2) The term ‘‘Service-disabled Veteran’’ means a Veteran, as defined in 38 U.S.C. 101(2), with a disability that is service-connected, as defined in 38 U.S.C. 101(16).

(3) The term ‘‘small business concern’’ has the meaning given that term under section 3 of the Small Business Act (15 U.S.C. 632).

(4) The term ‘‘small business concern owned and controlled by Veterans with service-connected disabilities’’ has the meaning given the term ‘‘small business concern owned and controlled by service-disabled veterans’’ under section 3(q)(2) of the Small Business Act (15 U.S.C. 632(q)(2)).

(5) The term “SDVOSB participant” or certified SDVOSB means a small business that has been certified in the SBA Veteran Small Business Certification Program and listed in the SBA certification database (see 13 CFR 128.102).

(b) General. In order for a concern to submit an offer and be eligible for the award of an SDVOSB set-aside or sole source contract, the concern must qualify as a small business concern under the size standard corresponding to the NAICS code assigned to the contract and be listed as an SDVOSB participant in the SBA certification database as set forth in 13

CFR 128.

(1) Offers received from entities that are not certified SDVOSBs and listed in the SBA certification database at the time of offer shall not be considered.

https://veterans.certify.sba.gov/

(2) Any award resulting from this solicitation shall be made to a certified SDVOSB listed in the SBA certification database who is eligible at the time of submission of offer(s) and at the time of award.

(3) The requirements in this clause apply to any contract, order or subcontract where the firm receives a benefit or preference from its designation as an SDVOSB, including set-asides, sole source awards, and evaluation preferences.

(c) Representation. Pursuant to 38 U.S.C. 8127(e), only certified SDVOSBs listed in the SBA certification database are considered eligible to receive award of a resulting contract. By submitting an offer, the prospective contractor represents that it is an eligible and certified SDVOSB as defined in this clause, 13 CFR 121, 125, and 128, and VAAR subpart 819.70.

(d) Agreement/LOS certification. When awarded a contract action, including orders under multiple award contracts, an SDVOSB agrees that in the performance of the contract, the SDVOSB shall comply with requirements in VAAR subpart 819.70 and SBA regulations on small business size, and government contracting programs at 13 CFR part 121 and part 125, including the non-manufacturer rule and limitations on subcontracting (LOS) requirements in 13 CFR 121.406(b) and 13 CFR 125.6. For the purpose of limitations on subcontracting, only certified SDVOSBs listed in the SBA certification database (including independent contractors) shall be considered eligible and/or ‘‘similarly situated’’ (i.e., a firm that has the same small business program status as the prime contractor). An otherwise eligible firm further agrees to comply with the required LOS certification requirements in this solicitation (see 852.219–75 or 852.219–76 as applicable). These requirements are summarized as follows:

(1) Services. In the case of a contract for services (except construction), the SDVOSB prime contractor will not pay more than 50% of the amount paid by the government to the prime for contract performance to firms that are not certified SDVOSBs listed in the SBA certification database (excluding direct costs to the extent they are not the principal purpose of the acquisition and the SDVOSB/ VOSB does not provide the service, such as airline travel, cloud computing services, or mass media purchases). When a contract includes both services and supplies, the 50 percent limitation shall apply only to the service portion of the contract.

(2) Supplies/products.

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

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

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

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

(5) Subcontracting. An SDVOSB subcontractor must meet the NAICS size standard assigned by the prime contractor and be certified and listed in the SBA certification database to count as similarly situated. Any work that a first tier SDVOSB subcontractor further subcontracts will count towards the percent of subcontract amount that cannot be exceeded.

For supply or construction contracts, the cost of materials is excluded and not considered to be subcontracted. When a contract includes both services and supplies, the 50 percent limitation shall apply only to the portion of the contract with the preponderance of the expenditure upon which the assigned NAICS is based. For information and more specific requirements, refer to

13 CFR 125.6.

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

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

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

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

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

(End of Clause)

VAAR 852.219-75 VA NOTICE OF LIMITATIONS ON SUBCONTRACTING—

CERTIFICATE OF COMPLIANCE FOR SERVICES AND CONSTRUCTION (JAN

2023) (DEVIATION)

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

(1) If awarded a contract (see FAR 2.101 definition), it will comply with the limitations on subcontracting requirement as provided in the solicitation and the resultant contract, as follows:

(i) [X] Services. In the case of a contract for services (except construction), the contractor will not pay more than 50% of the amount paid by the government to it to firms that are not certified SDVOSBs listed in the SBA certification database as set forth in 852.219–73 or certified VOSBs listed in the SBA certification database as set forth in 852.219–74. Any work that a similarly situated certified SDVOSB/VOSB subcontractor further subcontracts will count towards the 50% subcontract amount that cannot be exceeded. Other direct costs may be excluded to the extent they are not the principal purpose of the acquisition and small business concerns do not provide the service as set forth in 13 CFR 125.6.

(ii) [] General construction. In the case of a contract for general construction, the contractor will not pay more than 85% of the amount paid by the government to it to firms that are not certified SDVOSBs listed in the SBA certification database as set forth in 852.219–73 or certified VOSBs listed in the SBA certification database as set forth in 852.219–74. Any work that a similarly situated certified SDVOSB/VOSB subcontractor further subcontracts will count towards the 85% subcontract amount that cannot be exceeded. Cost of materials are excluded and not considered to be subcontracted.

(iii) [] Special trade construction contractors. In the case of a contract for special trade contractors, the contractor will not pay more than 75% of the amount paid by the government to it to firms that are not certified SDVOSBs listed in the SBA certification database as set forth in 852.219–73 or certified VOSBs listed in the SBA certification database as set forth in 852.219–74. Any work that a similarly situated certified SDVOSB/VOSB subcontractor further subcontracts will count towards the 75% subcontract amount that cannot be exceeded. Cost of materials are excluded and not considered to be subcontracted.

(2) The offeror acknowledges that this certification concerns a matter within the jurisdiction of an Agency of the United States. The offeror further acknowledges that this certification is subject to Title 18, United States Code, Section 1001, and, as such, a false, fictitious, or fraudulent certification may render the offeror subject to criminal, civil, or administrative penalties, including prosecution.

(3) If VA determines that an SDVOSB/ VOSB awarded a contract pursuant to 38 U.S.C.

8127 did not act in good faith, such SDVOSB/VOSB shall be subject to any or all of the following:

(i) Referral to the VA Suspension and Debarment Committee;

(ii) A fine under section 16(g)(1) of the Small Business Act (15 U.S.C. 645(g)(1)); and

(iii) Prosecution for violating 18 U.S.C. 1001.

(b) The offeror represents and understands that by submission of its offer and award of a contract it may be required to provide copies of documents or records to VA that VA may review to determine whether the offeror complied with the limitations on subcontracting requirement specified in the contract. Contracting officers may, at their discretion, require the contractor to demonstrate its compliance with the limitations on subcontracting at any time during performance and upon completion of a contract if the information regarding such compliance is not already available to the contracting officer. Evidence of compliance includes, but is not limited to, invoices, copies of subcontracts, or a list of the value of tasks performed.

(c) The offeror further agrees to cooperate fully and make available any documents or records as may be required to enable VA to determine compliance with the limitations on subcontracting requirement. The offeror understands that failure to provide documents as requested by VA may result in remedial action as the Government deems appropriate.

(d) Offeror completed certification/fill-in required. The formal certification must be completed, signed and returned with the offeror’s bid, quotation, or proposal. The Government will not consider offers for award from offerors that do not provide the certification, and all such responses will be deemed ineligible for evaluation and award.

Certification I hereby certify that if awarded the contract, [insert name of offeror] will comply with the limitations on subcontracting specified in this clause and in the resultant contract. I further certify that I am authorized to execute this certification on behalf of [insert name of offeror].

Printed Name of Signee: ___________

Printed Title of Signee: _____________ Signature: ____________ Date: ______________ Company Name and Address: _______________

(End of Clause)

C.9 VAAR 852.232-72 ELECTRONIC SUBMISSION OF PAYMENT REQUESTS

(NOV 2018)

(a) Definitions. As used in this clause—

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

(2) Designated agency office means the office designated by the purchase order, agreement, or contract to first receive and review invoices. This office can be contractually designated as the receiving entity. This office may be different from the office issuing the payment;

(3) Electronic form means an automated system transmitting information electronically according to the…