36C25018Q0008-001.docx

Veterans Health Indiana Regulated Medical Waste Disposal Services 36C25018Q0008

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 SI

GN 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. SIGN

ATURE 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

583-18-1-626-0007 36C25018Q0008 05-01-2018

TRITLE, JARED

317-988-1529 05-23-2018

12:00 PM EDT

Department of Veterans Affairs Network Contracting Office 10 8888 Keystone Crossing Suite 1100 Indianapolis IN 46240 X 562112 $38.5 Million X N/A X Department of Veteran Affairs Veterans Health Indiana Attn: Environmental Management Service 1481 West Tenth Street Indianapolis IN 46202-2803 Department of Veterans Affairs Network Contracting Office 10 8888 Keystone Crossing Suite 1100 Indianapolis IN 46240

Department of Veterans Affairs Financial Management System P O Box 149971 Austin TX 78714-9971 512-242-7300 N/A X See CONTINUATION Page Offeror shall provide regulated medical waste transportation and disposal services in accordance with the included Statement of Work in Section B. Offeror shall provide services for the Veterans Health Indiana, Indianapolis VA Medical Center, located at 1481 West 10th Stre et, Indianapolis, IN 46202-2803, and surrounding support facilities identified in Section B.

Interested offerors shall submit a quote in accordance with the instructions included in Section E of this document no later than the due date and time listed in Block 8 of this page.

This acquisition is conducted using FAR Parts 12 and 13, under the authority of the Simplified Acquisition Procedures as authorized by FAR 13.5 for acquisitions exceeding the Simplified Acquisition Threshold.

See CONTINUATION Page 583-3680162-626-856100-2542 010056100 X Jared Tritle Contracting Officer Table of Contents

SECTION B - CONTINUATION OF SF 1449 BLOCKS

B.1 CONTRACT ADMINISTRATION DATA

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

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

2. CONTRACTOR REMITTANCE ADDRESS: All payments by the Government to the contractor will be made in accordance with FAR 52.232-33- Payment by Electronic Funds Transfer- System for Award Management.

3. INVOICES: Invoices shall be submitted in arrears monthly. Invoices shall be submitted via the following link: www.fsc.va.gov/fsc/vendors.htm. Please note that the Financial Services Center is no longer accepting physical invoices. They must be submitted electronically via the link listed above.

4. INSTRUCTIONS: Offerors must complete and return all information prior to the time specified in block 8 of SF 1449 in order to be considered for award. The required information is as follows:

SF1449 Block 17a The Pricing Schedule (Section B) Refer to Section E.1 & Section E.2 for further details

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

AMENDMENT NO. DATE

System for Award Management: Federal Acquisition Regulation 52.212-(k) requires contractor registration in the System for Award Management (SAM) database prior to the award of a contract. Offerors and Contractors may obtain information on registration and annual confirmation requirements via the internet at https://www.sam.gov/portal/public/SAM/.

SUBMISSION: The offeror’s quote(s) as well as any questions shall be submitted by the date and time indicated in the solicitation to the Government point of contact listed in 1(b).

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

This solicitation includes VAAR 852.215-70, Service-Disabled Veteran-Owned and Veteran-Owned Small Business Evaluation Factors, and VAAR 852.215-71, Evaluation Factor Commitments. Accordingly, any contract resulting from this solicitation will include these clauses. The contractor is advised in performing contract administration functions, the CO may use the services of a support contractor(s) to assist in assessing contractor compliance with the subcontracting commitments incorporated into the contract. To that end, the support contractor(s) may require access to the contractor's business records or other proprietary data to review such business records regarding contract compliance with this requirement. All support contractors conducting this review on behalf of VA will be required to sign an “Information Protection and Non-Disclosure and Disclosure of Conflicts of Interest Agreement” to ensure the contractor's business records or other proprietary data reviewed or obtained in the course of assisting the CO in assessing the contractor for compliance are protected to ensure information or data is not improperly disclosed or other impropriety occurs. Furthermore, if VA determines any services the support contractor(s) will perform in assessing compliance are advisory and assistance services as defined in FAR 2.101, Definitions, the support contractor(s) must also enter into an agreement with the contractor to protect proprietary information as required by FAR 9.505-4, obtaining access to proprietary information, paragraph (b). The contractor is required to cooperate fully and make available any records as may be required to enable the CO to assess the contractor compliance with the subcontracting commitments.

B.3 REVIEW REQUIRED REGISTRATION WITH CONTRACTOR PERFORMANCE ASSESSMENT SYSTEM (CPARS)

As prescribed in Federal Acquisition Regulation (FAR) Part 42.15, the Department of Veterans Affairs (VA) evaluates contractor past performance on all contracts that exceed $150,000, and shares those evaluations with other Federal Government contract specialists and procurement officials. The FAR requires that the contractor be provided an opportunity to comment on past performance evaluations prior to each report closing. To fulfill this requirement VA uses an online database, CPARS, which is maintained by the Naval Sea Logistics Center in Portsmouth, Virginia. CPARS has connectivity with the Past Performance Information Retrieval System (PPIRS) database, which is available to all Federal agencies. PPIRS is the system used to collect and retrieve performance assessment reports used in source selection determinations and completed CPARS report cards transferred to PPIRS. CPARS also includes access to the federal awardee performance and integrity information system (FAPIIS). FAPIIS is a web-enabled application accessed via CPARS for contractor responsibility determination information.

Each contractor whose contract award is estimated to exceed $150,000 is required to register with CPARS database at the following web address: www.cpars.csd.disa.mil. Help in registering can be obtained by contacting Customer Support Desk @ DSN: 684-1690 or COMM: 207-438-1690. Registration should occur no later than thirty days after contract award, and must be kept current should there be any change to the contractor's registered representative.

For contracts with a period of one year or less, the contracting officer will perform a single evaluation when the contract is complete. For contracts exceeding one year, the contracting officer will evaluate the contractor's performance annually. Interim reports will be filed each year until the last year of the contract, when the final report will be completed. The report shall be assigned in CPARS to the contractor's designated representative for comment. The contractor representative will have sixty days to submit any comments and re-assign the report to the VA contracting officer.

Failure to have a current registration in the CPARS database, or to re-assign the report to the VA contracting officer within those sixty days, will result in the Government's evaluation being placed on file in the database with a statement that the contractor failed to respond.

B.4 PRICE/COST SCHEDULE

Unit prices offered shall be “all inclusive”, meaning that all supplies/services necessary to perform in accordance with the Statement of Work (e.g., labor, material, supervision, traveling, and overhead) are included in the price.

Offeror shall note that all volumes are estimates and in no way are to be interpreted as a guarantee of future volumes. The guaranteed minimum only applies to the Federal Government Fiscal Year in which the contract is awarded. The guaranteed minimum for the fiscal year in which this contract is awarded is $25,000.00.

The maximum total contract amount, or ceiling amount, shall not exceed $2,500,000.00 over the life of the contract.

Veterans Health Indiana Regulated Medical Waste Disposal Services 36C25018Q0008 See attached document: S01- Regulated Medical Waste Price Schedule 02142018.

Page 1 of Page 1 of

B.5 STATEMENT OF WORK

Part I: General Information

A. INTRODUCTION

The Department of Veterans Affairs, Veterans Health Indiana, has a requirement for the disposal of hazardous regulated medical waste, to include sharps, other potentially infectious materials, pathological, and pharmaceutical waste.

B. DEFINITIONS

Regulated Medical Waste (RMW), for the purposes of this contract, includes the following medical waste streams:

Sharps Waste (sharps): Includes all hypodermic needles, syringes, scalpel blades, Pasteur pipettes, broken glass, and other sharp items used within the medical setting.

Other Potentially Infectious Materials (OPIM) & Pathological Waste: Includes the following:

Pharmaceutical Waste: Pharmaceutical waste includes expired, unused, spilt, and contaminated pharmaceutical products, drugs, vaccines, and sera that are no longer required and need to be disposed of appropriately. The category also includes discarded items used in the handling of pharmaceuticals, such as bottles or boxes with residues, gloves, masks, connecting tubing, and drug vials.

Exchange: The Contractor’s removal of a full or partially filled RMW container from a VA medical facility, replaced by the Contractor with an empty RMW container of like size and purpose.

C. SCOPE

Contractor shall provide all necessary supervision, transportation, labor, equipment, and supplies (such as reusable puncture resistant sharps containers and boxes) necessary for the loading, transporting, and final disposal of regulated medical waste generated be Veterans Health Indiana.

D. APPLICABLE DOCUMENTS

The following Environmental Protection Agency (EPA) and Occupational Safety & Health Administration (OSHA) regulations, laws and rules apply.

· EPA Law Chapter 16 - Communicable Disease: Treatment of Infectious Waste

IC16-41-16

http://iga.in.gov/legislative/laws/2014/ic/titles/16/articles/41/chapters/16/

· Rule 3. Infectious Waste

410 IAC 1-3

· 410 IAC 1-3-22 Appropriate Containment and labeling; effective treatment, transport, or disposal: authority: IC 16-19-3-4; IC 16-41-16-8 Regulated wastes, other than contaminated sharps, must be placed in containers which are: (i) Closable; (ii) Constructed to contain all contents and prevent leakage of fluids during handling, storage, transport or shipping; (iii) Labeled or color-coded in accordance with paragraphs (g)(1)(i); (iv) Closed prior to removal to prevent spillage or protrusion of contents during handling, storage, transport, or shipping [29 CFR 1910.1030(d)(4)(iii)(B)(1)(i)-(iv)].

· http://www.in.gov/legislative/iac/iac_title?iact=410 Infectious Waste OSHA Regulation

· Blood Born Pathogen

29 CFF 1910.1030

https://www.osha.gov/pls/oshaweb/owadisp.show_document?p_id=10051&p_table=STANDARDS

· Handling PPE

29 CFF 1910.132

https://www.osha.gov/pls/oshaweb/owadisp.show_document?p_table=STANDARDS&p_id=9777

· Needle Stick Safety and Prevention Act HR 5178

· Indiana’s Hazardous Waste Rules 329 IAC 3.1

· Food and Drug Administration (FDA) including but not limited to Title 21 of the Code of Federal Regulations.

· National Fire Protection Agency (NFPA) 101: Life Safety code, 2015

· All work shall be in accordance with 40 CFR, Chapter 1, Subchapter I Solid Wastes (including Part 260-265). http://www.gpo.gov/about/

· All requirements of Part 1910 and Part 1926 of Title 29 of the Code of Federal Regulations apply pursuant to their terms to hazardous waste and emergency response operations whether covered by this section or not. If there is a conflict or overlap, the provision more protective of employee safety and health shall apply without regard to 29 CFR 1910.5(c) (1). 1910.120(a) (2) (i) https://www.osha.gov/pls/oshaweb/owadisp.show_document?p_table=STANDARDS&p_id=9765

· OSHA 3114 – Hazardous Waste Operations and Emergency Response https://www.osha.gov/Publications/OSHA3114/osha3114.html

· DEPARTMENT OF TRANSPORTATION (DOT) REQUIREMENTS: Transportation shall be in accordance with DOT Hazardous Material Regulations 49 CFR 100-199.

· EPA designated items that are listed in EPA procurement guidelines at 40 CFR parts 247

· USDA designated items that are listed by USDA in the procurement guidelines found in 7 CFR parts 2902, Subpart B

· EPA designated items on EPA’s list at http://www.epa.gov/cpg/products/htm

· Resource Conservation and Recovery Act (RCRA) - http://www2.epa.gov/rcra

Part II: Work Requirements

A. REQUIREMENTS FOR SHARPS WASTE

1. Contractor shall provide all labor, transportation, equipment, and reusable puncture resistant sharps containers needed to load, transport, and dispose of all sharps containers. The Contractor shall deliver clean sharps containers in the same count/amount that is picked for emptying and disposal. Contractor shall collect containers from loading dock for transportation. Government shall prepare all containers for shipment prior to Contractor arrival on designated collection days. The Contractor and COR shall agree to collection days and times prior to performance beginning.

Services are to be provided twice weekly at the following locations:

Indianapolis VA Medical Center 1481 West 10th Street Indianapolis, IN 46202-2803

Indianapolis West VA Clinic 3850 Shore Drive, Suite 200 Indianapolis, IN

Coumadin Clinic 2669 Cold Springs Road Indianapolis, IN 46222

Building 7 2669 Cold Springs Road Indianapolis, IN 46222

Indianapolis VA Domiciliary 9045 East 59th Street Indianapolis, IN 46216

Services are to be provided at the following locations once weekly:

West Lafayette Community Based Outpatient Clinic 3851 North River Run Road West Lafayette, IN 47906

Martinsville Community Based Outpatient Mental Health Clinic 2200 John R Wooden Drive Martinsville, IN 46151

Wakeman Community Based Outpatient Clinic Camp Atterbury, Building 1010 3791 10th Street Edinburgh, IN 46124

Services are to be provided at the following locations once per month:

Bloomington Community Based Outpatient Clinic 1332 West Arch Haven Avenue Suite A Bloomington, IN 47403

Bloomington Community Based Outpatient Mental Health Clinic 455 South Landmark Avenue Bloomington, IN 47403

2. Contractor shall provide and install all hardware necessary for the proper functioning of the containers in patient rooms, exam rooms, research areas, lab areas, operating rooms, and procedure rooms and other rooms as designated. Installation of all equipment shall be coordinated with the COR.

3. Contractor shall provide the following containers and all necessary accessories to ensure both compliance with the Applicable Documents in Part I, Section D of the SOW and hands free operation, and where required, via dolly with foot pedal operation for all floor containers.

Containers shall provide the following functions:

· Device Swing Action safety tray that restricts hand access and provides a large opening for sharps disposal;

· Device shall have at minimum a leak-proof seal, automatic shutoff device to prevent overfilling of the container, with two visible “full” indicators on the front of the device;

· Device shall be reusable, sanitation of the reusable devices must adhere to use of environmentally-friendly detergent and provide the opportunity for water recovery in the rinse cycle;

· Device shall come preassembled, able to mount or be on dolly;

· Device shall have a sliding opening horizontal opening that allows for butterflies and other large sharp needles;

· Device shall be able to be activated manually;

· Device shall have a window to see when container is full, and lid remains in upright position when the container has reached the level of full; and

· Device shall be stackable to reduce space when preparing for transport.

Below are the estimated number of containers for all facilities. This number is an estimate, and the Contractor shall be responsible for providing all containers as requested by the COR or Contracting Officer.

Contractor shall provide floor carts with casters to hold 28-quart and 56-quart sharps required to be on the floor. Contractor shall provide holders for the 8-quart sharps containers to be placed on counters. The Contractor shall provide and install lockable cabinets for all wall mounted 18-quart sharps containers.

4. Each special function item such as, traps, enclosed lockable wall cabinets, rolling foot pedal carts, mounting hardware, and all other related hardware, shall be supplied by the Contractor at no additional cost to the Government.

5. Contractor shall reprocess containers and dispose of waste in compliance of all applicable Federal, State and Local regulations including the following standards: (1) Occupational Safety and Health Administration (OSHA), including Blood Borne pathogens Standard 29 CFR 1910.1030 and the Needle Stick Safety and Prevention Act HR 5178 as it specifically relates to reusable containers, (2) Indiana’s Hazardous Waste Rules 329 IAC 3.1-6, (3) Food and Drug Administration (FDA) including Title 21 of the Code of Federal Regulations (CFR) and Quality Systems Regulation (QSR) with regards to reprocessing, validation, reporting and annual registering for all equipment used to release medical equipment into commerce. The VA reserves the right to thoroughly inspect the Contractor’s facility and treatment plant to ensure acceptable standard of performance.

6. Contractor shall provide unlimited additional emergency pick-up and disposals within two (2) hours of a call from the COR.

7. The Contractor shall ensure that vehicles used for transportation of hazardous materials are stocked with sufficient supplies to handle hazardous materials that require special packaging, spills, leaking drums or other conditions that could occur while performing a routine pick-up.

8. Contractor to provide electronic scanning system for inventory control and usage patterns to be provided to the Government.

9. Contractor to provide government staff education on proper use of their devices. At a minimum the Contractor shall provide two (2) education sessions per year. At a maximum, the Contractor shall provide four (4) education sessions per year.

10. Sanitized quality control checks must be documented for both the cleanliness and functionality of each device and must be available upon request to the government.

11. Contractor shall follow 410 IAC 1-3-28 requirements for providing a form (e.g. medical waste tracking form, manifest, bill of laden, etc.) with all required elements that describes the waste being transported off-site. The contractor shall obtain and prepare all forms. The contractor shall have a “responsible person” (i.e. EMS staff member that is trained appropriately to sign form) at the facility sign the forms generator certification. A copy of this form will be given to facility staff (i.e. “responsible person”) for record management. The contractor shall follow all appropriate transportation requirements and controls throughout transportation and disposal. The contractor shall provide (via electronic document through e-mail) completed forms (i.e. intermediate handler / transporter certification and treatment facility receipt signature sections completed) to the COR within 35 calendar days of picking up the waste.

12. The contractor shall provide (via electronic document through e-mail) a certification of disposal to the COR within 45 calendar days. This certification of disposal shall clearly indicate that all waste has been properly disposed of (i.e. IAW IC 16-41-16) and shall specify the date of disposal or incineration.

B. REQUIREMENTS FOR OPIM & PATHOLOGICAL WASTE

1. Services are to be provided at same locations as sharps waste as identified in Part II, Section A, Subsection 1. Collections of OPIM and Pathological waste, where generated, shall be made at the same frequencies as sharps waste as identified in Part II, Section A, Subsection 1. Ideally, the collections of all RMW will be made at the same time.

2. Contractor shall collect OPIM and Pathological Waste containers from loading dock for transportation. Government shall prepare all containers for shipment prior to Contractor arrival on designated collection days. The Contractor and COR shall agree to collection days and times prior to performance beginning.

3. Contractor shall replace all collected containers with equal number of empty sanitized containers. The containers shall be leak-proof, stackable, transportable, foot pedal type, and shall display the universal biohazard symbol. Contractor shall sanitize containers before leaving them at VA for use. Sanitizing shall be completed off VA grounds. All containers shall be damage-free and in good working order at all times. Contractor shall also supply material and equipment for packaging of OPIM & Pathological Waste. Packaging materials consist of shipping tape, shipping labels, corrugated boxes and red bags.

4. Contractor shall provide the estimated number of containers, specified by color and size, in the table below for the use of OPIM & Pathological Waste disposal at all locations identified in this contract. All containers for OPIM & Pathological Waste must be able to close using hands-free methods (i.e., foot pedal activated).

Contractor shall provide the following containers and all necessary accessories to ensure both compliance with the Applicable Documents in Part I, Section D of the SOW and hands free operation via dolly with foot pedal operation:

5. Contractor shall transport and dispose of all OPIM & Pathological Waste in accordance with all applicable Federal, State, and Local regulations, and laws. (See Applicable Documents located in Part I, Section D of the Statement of Work)

6. Contractor shall provide additional emergency pick up and container exchange services within two (2) hours of a call from the COR requesting such services.

7. The Contractor shall arrange with the COR a routine (non-emergency) service for the facility based upon volume. A pick-up schedule shall be established with Veterans Health Indiana for a weekly service or on an on-call basis, as needed. If an unscheduled pick up is called in, contractor shall respond and complete pick-up within 2 hours after initial call is made. Contractor shall be notified when an extra pick-up or changes in pick-up days are required. Coordination for pick-up shall be made with the COR. Contractor shall submit to the COR a weekly schedule of services.

8. Contractor shall dispose of OPIM & Pathological Waste in a manner that leaves no future expense potential to the VA or the federal government.

9. Contractor shall follow 410 IAC 1-3-28 requirements for providing a form (e.g. medical waste tracking form, manifest, bill of laden, etc.) with all required elements that describes the waste being transported off-site. The contractor shall obtain and prepare all forms. The contractor shall have a “responsible person” (i.e. EMS staff member that is trained appropriately to sign form) at the facility sign the forms generator certification. A copy of this form will be given to facility staff (i.e. “responsible person”) for record management. The contractor shall follow all appropriate transportation requirements and controls throughout transportation and disposal. The contractor shall provide (via electronic document through e-mail) completed forms (i.e. intermediate handler / transporter certification and treatment facility receipt signature sections completed) to the COR within 35 calendar days of picking up the waste.

10. The contractor shall provide (via electronic document through e-mail) a certification of disposal to the COR within calendar 45 days. This certification of disposal shall clearly indicate that all OPIM & Pathological Waste has been properly disposed of (i.e. IAW IC 16-41-16) and shall specify the date of disposal or incineration.

11. Mere acceptance of the hazardous property at a properly permitted Treatment, Storage, Disposal, and Facility (TSDF) is not considered proper disposal under this contract. It is the contractor’s responsibility to obtain all necessary documentation to prove that the disposal of all items has been accomplished. This documentation shall be attached to the certificate of disposal and submitted with, or prior to, the invoices.

C. REQUIREMENTS FOR PHARMACEUTICAL WASTE

1. Services are to be provided at the following locations. Collections of Pharmaceutical Waste, where generated, shall be made at the same frequencies as sharps waste as identified in Part II, Section A, Subsection 1. Ideally, the collections of all RMW will be made at the same time.:

Indianapolis VA Medical Center 1481 West 10th Street Indianapolis, IN 46202-2803

Indianapolis VA Domiciliary 9045 East 59th Street Indianapolis, IN 46216

2. Contractor shall collect Pharmaceutical Waste containers from loading dock for transportation. Government shall prepare all containers for shipment prior to Contractor arrival on designated collection days. The Contractor and COR shall agree to collection days and times prior to performance beginning.

3. Contractor shall provide all the necessary reusable sanitized containers used for transporting pharmaceutical waste to a disposal site. Contractor shall remove full containers from loading dock and replace them with an equal number of empty, sanitized containers. The containers shall be leak-proof, stackable, transportable, hands-free operation, and shall display the - RCRA Hazardous Waste label (i.e. for Black D & U Listed RCRA Containers) and RCRA Hazardous Waste Aerosol Pharmaceutical Waste (i.e. for Black D & U Listed RCRA Waste Aerosol Containers) and RCRA P-Listed (Acutely Hazardous) Hazardous Waste label (i.e. for Small Black P Listed Pharmaceutical Waste). Contractor shall sanitize containers before leaving them at VA for use. Sanitizing shall be completed off VA grounds. All containers shall be damage-free and in good working order at all times. Contractor shall also supply material and equipment for packaging of pharmaceutical waste. Packaging materials consist of shipping tape, shipping labels, corrugated boxes and red bags.

4. Contractor shall provide the estimated number of containers, specified by color and size, in the table below for the use of pharmaceutical disposal at all locations identified in this contract. All containers for pharmaceutical waste must be able to close using hands-free methods (i.e., foot pedal activated).

Contractor shall provide the following containers and all necessary accessories to ensure both compliance with the Applicable Documents (located in Part I, Section D of the Statement of Work) and hands free operation via dolly with foot pedal operation:

5. Contractor shall transport and dispose of all RCRA Pharmaceuticals Waste in accordance with all applicable Federal, State, and Local regulations, and laws. (See Applicable Documents located in Part I, Section D of the Statement of Work)

6. Contractor shall provide additional emergency pick up and container exchange services within two (2) hours of a call from the COR requesting such services.

7. The Contractor shall arrange with the COR a routine (non-emergency) service for the facility based upon volume. A pick-up schedule shall be established with Veterans Health Indiana for a weekly service or on an on-call basis, as needed. If an unscheduled pick up is called in, contractor shall respond and complete pick-up within 2 hours after initial call is made. Contractor shall be notified when an extra pick-up or changes in pick-up days are required. Coordination for pick-up shall be made with the COR. Contractor shall submit to the COR a weekly schedule of services.

8. Contractor shall dispose of hazardous pharmaceutical waste in a manner that leaves no future expense potential to the VA or the federal government.

9. Contractor shall follow 329 IAC 3.1 requirements for providing a hazardous waste manifest form (i.e. EPA Form 8700-22) with all required elements that describes the waste being transported off-site and the appropriate land disposal form. The contractor shall obtain and prepare all manifests and land disposal forms. The contractor shall have a “responsible person” (i.e. facility GEMS Coordinator or designated staff member that is trained appropriately to sign form) at the facility sign the manifests generator certification. A copy of this manifest and land disposal forms will be given to facility staff (i.e. “responsible person”) for record management. The contractor shall follow all appropriate transportation requirements and controls throughout transportation and disposal. The contractor shall provide (via electronic document through e-mail) completed forms (i.e. transporter certification and designated facility receipt signature sections completed) to the COR within 35 calendar days of picking up the waste.

10. The contractor shall provide accurate weights for all pharmaceutical waste at time of pickup.

11. The contractor shall provide (via electronic document through e-mail) a certification of disposal to the COR within 45 calendar days. This certification of disposal shall clearly indicate that all pharmaceutical waste has been properly disposed of (i.e. IAW 329 3.1) and shall specify the date of disposal or incineration.

12. Mere acceptance of the hazardous property at a properly permitted Treatment, Storage, Disposal, and Facility (TSDF) is not considered proper disposal under this contract. It is the contractor’s responsibility to obtain all necessary documentation to prove that the disposal of all items has been accomplished. This documentation shall be attached to the certificate of disposal and submitted with, or prior to, the invoices.

D. SAFETY & SECURITY

1. The contractor shall perform all operations in a prudent, conscientious, safe and professional manner. At a minimum, contractor personnel and equipment shall comply with all safety requirements set forth in applicable State, Federal, and local laws and regulations and shall further ensure that its agents and employees perform work in a safe manner. The contractor shall ensure that all personnel involved in handling and packaging hazardous waste be trained for the level of expertise required of the proper performance of the task and, in particular, in the areas of chemical incompatibility, general first aid procedures, and spill. Contractor shall ensure that its employees use proper handling and personal protective equipment while collecting, transporting, and disposing of hazardous waste from Veterans Health Indiana. All contractor employees present at the work site shall be trained to use all protective equipment. The Contractor shall be responsible for properly containerizing all lab-packs and for assuming all safety measures to prevent harm or injury to VA patients, visitors, employees, contractor employees (example: PPE) and the environment (example: storm drain covers).

2. The VA reserves the right to inspect contractor facilities before approving its use or at any time during or after contract period while VA wastes are present.

3. Spill Reporting Requirements: The contractor shall be responsible for reporting to the COR all spills, regardless of quantity, and all personnel exposures. Such reports shall first be reported by telephone immediately (i.e. within 2 hours) following the incident and shall be followed up in writing no later than seven (7) calendar days after the initial report. If the COR is not available the Contractor shall report the spill to the Veterans Health Indiana Safety Officer (317-988-4203 office during business hours or 317-408-8699 after business hours or in the event the office phone is not answered). When reporting a spill(s), the following information shall be furnished:

a. Item spilled (identification, quantity, and manifest numbers)

b. Quantity spilled

c. Whether amount spilled is EPA/state reportable, and if reported, a copy of the report shall be provided to the COR;

d. Exact location of spill;

e. Containment procedures initiated;

f. Anticipated clean-up and disposal procedures;

g. Disposal location of spill residue;

h. Address if assistance was required in the event personal injury was involved;

i. Names and telephone numbers of all state and federal officials contacted,

j. Narrative summarizing all on-scene visits made by local, state, or federal officials.

4. The contractor shall be solely responsible for any and all spills or leaks during the performance of the contract utilizing their own equipment. The contractor shall clean up such spills or leaks to the satisfaction of the Government in a manner which satisfies the applicable state, federal and local laws and regulations, at no cost to the Government.

5. The contractor shall be required to have a written affirmative procurement program that requires preference for the following materials used at VA sites:

a. EPA designated items that are listed in EPA procurement guidelines at 40 CFR parts 247

b. USDA designated items that are listed by USDA in the procurement guidelines found in 7 CFR parts 2902, Subpart B

c. EPA designated items on EPA’s list at http://www.epa.gov/cpg/products/htm

E. DELIVERABLES

The Contractor shall provide and maintain all licenses and permits for personnel, containers, vehicles and any other resources required for proper removal of sharps, OPIM & Pathological Waste, and pharmaceutical waste in accordance with all Federal, State, Municipal and local regulations (e.g. OSHA, EPA, DEP, DOT, etc.). If licenses are not maintained in accordance with Federal and State requirements, the VA shall terminate the contract effective upon discovery. The VA reserves the right to stop work if the Contracting Officer and/or the COR determine work is being done in an unsafe/unhealthy manner or that could harm the environment. VA shall not incur additional cost for failure of the Contractor to perform in accordance with the terms and conditions of the contract.

Part III: Additional General Requirements

1. The Contractor shall ensure staff servicing Veterans Health Indiana shall be in company uniform with a name badge identifying both contractor and employee.

2. Contractor shall provide all safety equipment for their employees in the performance of the resulting contract while on government property and shall abide by safe working standards.

3. In the performance of this contract, the Contractor shall take the safety precautions as necessary to protect the lives and health of occupants of the building.

4. The Contractor shall immediately correct any fire and safety deficiencies caused by his/her employee(s) and/or equipment. If the Contractor fails or refuses to correct deficiencies promptly, the Contracting Officer (CO) may issue an order stopping all or any part of the work and hold the Contractor in default of the contract.

5. The Contractor shall comply with applicable Federal, State and local safety and fire regulations and codes, which are in effect at the beginning of the contract period. The Contractor shall keep abreast of, and comply with, changes in these regulations and any codes applicable to the contract. (See Applicable Documents located in Part I, Section D of the Statement of Work)

6. Safety Requirements: Contractor personnel and equipment shall comply with all applicable state, federal and local regulations. Contractor 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.

7. The Contractor shall comply with the policies of Veterans Health Indiana to include compliance with the standards of The Joint Commission, OSHA and the EPA. (See Applicable Documents located in Part I, Section D of the Statement of Work)

8. Within 15 calendar days of award, the contractor shall provide a list of names, titles, addresses, telephone numbers (including cellular), pager/beeper numbers, facsimile numbers and e-mail addresses of key managers, supervisors, customer service and field service personnel performing under this contract. Prior to commencement of work on this contract, the contractor shall provide the Contracting Officer Representative (COR) the name and telephone number of at least one (1) responsible individual who shall respond to problems and/or emergencies on a 24-hour basis.

Part IV: Supporting Information

A. GOVERNMENT RESPONSIBILITY

1. It is the responsibility of Veterans Health Indiana to see that all sharps, OPIM & Pathological Waste and pharmaceutical waste shall be disposed of in the appropriate containers, and that the containers are accessible for pick-up on the pick-up dates.

2. Veterans Health Indiana shall be responsible for the segregation of all OPIM & Pathological Waste and pharmaceutical waste in accordance with Federal, State and Local requirements.

B. HOURS OF WORK

Business hours at Veterans Health Indiana are Monday through Friday from 8:00 a.m. to 4:30 p.m., excluding Federal holidays. Should the date for pick up fall on a holiday, contractor shall work out an alternate date for pick up during the same week. It will be the Contractor’s responsibility to ensure that they are aware of the federal holiday schedule that is listed below.

The 10 holidays observed by the Federal Government are: New Year’s Day, Martin Luther King Day, President’s Day, Memorial Day, Independence Day, Labor Day, Columbus Day, Veteran’s Day, Thanksgiving Day, Christmas Day and any other day declared by the President of the United States to be a national holiday.

C. CONTRACT MONITORING

The COR shall monitor performance of the contractor to include documentation submitted to the COR as required in Part II, Section A, Paragraph 13. Failure to submit the required documentation may result in negative past performance ratings.

The COR shall also monitor performance through random inspections of facility waste containers to verify that waste is not exceeding container limits and that waste containers are in good, working condition. The COR shall also monitor performance with respect to adherence to the established collection frequencies identified in Part II, Section A, Subsection 1 of the SOW.

D. ISSUANCE OF ORDERS

In accordance with FAR 16.504(a)(4)(iv), orders will be issued annually, to include funding for the estimated quantity and type of exchanges for the Ordering Periods as defined in the Price/Cost Schedule. As multiple awards are not being considered, the Government has not established procedures and selection criteria to provide fair opportunity.

Veterans Health Indiana Regulated Medical Waste Disposal Services 36C25018Q0008

SECTION C - CONTRACT CLAUSES

C.1 52.212-4 CONTRACT TERMS AND CONDITIONS—COMMERCIAL ITEMS (JAN 2017)

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

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

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

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

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

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

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

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

(g) Invoice.

(1) The Contractor shall submit an original invoice and three copies (or electronic invoice, if authorized) to the address designated in the contract to…