36C25018Q9647-004.docx

36C25018Q9647

PAGE 1 OF

1. REQUISITION NO.

2. CONTRACT NO.

3. AWARD/EFFECTIVE DATE

4. ORDER NO.

5. SOLICITATION NUMBER

6. SOLICITATION ISSUE DATE

a. NAME

b. TELEPHONE NO. (No Collect Calls)

8. OFFER DUE DATE/LOCAL

TIME

9. ISSUED BY

CODE

10. THIS ACQUISITION IS

UNRESTRICTED OR

SET ASIDE:

% FOR:

SMALL BUSINESS

HUBZONE SMALL

BUSINESS

SERVICE-DISABLED

VETERAN-OWNED

SMALL BUSINESS

WOMEN-OWNED SMALL BUSINESS

(WOSB) ELIGIBLE UNDER THE WOMEN-OWNED

SMALL BUSINESS PROGRAM

EDWOSB

8(A)

NAICS:

SIZE STANDARD:

11. DELIVERY FOR FOB DESTINA-

TION UNLESS BLOCK IS

MARKED

SEE SCHEDULE

12. DISCOUNT TERMS

13a. THIS CONTRACT IS A

RATED ORDER UNDER

DPAS (15 CFR 700)

13b. RATING

14. METHOD OF SOLICITATION

RFQ

IFB

RFP

15. DELIVER TO

CODE

16. ADMINISTERED BY

CODE

17a. CONTRACTOR/OFFEROR

CODE

FACILITY CODE

18a. PAYMENT WILL BE MADE BY

CODE

TELEPHONE NO.

DUNS:

DUNS+4:

PHONE:

FAX:

17b. CHECK IF REMITTANCE IS DIFFERENT AND PUT SUCH ADDRESS IN OFFER 18b. SUBMIT INVOICES TO ADDRESS SHOWN IN BLOCK 18a UNLESS BLOCK BELOW IS CHECKED

SEE ADDENDUM

19.

20.

21.

22.

23.

24.

ITEM NO.

SCHEDULE OF SUPPLIES/SERVICES

QUANTITY

UNIT

UNIT PRICE

AMOUNT

(Use Reverse and/or Attach Additional Sheets as Necessary)

25. ACCOUNTING AND APPROPRIATION DATA

26. TOTAL AWARD AMOUNT (For Govt. Use Only) 27a. SOLICITATION INCORPORATES BY REFERENCE FAR 52.212-1, 52.212-4. FAR 52.212-3 AND 52.212-5 ARE ATTACHED. ADDENDA

ARE

ARE NOT ATTACHED.

27b. CONTRACT/PURCHASE ORDER INCORPORATES BY REFERENCE FAR 52.212-4. FAR 52.212-5 IS ATTACHED. ADDENDA

ARE

ARE NOT ATTACHED

28. CONTRACTOR IS REQUIRED TO SIGN THIS DOCUMENT AND RETURN _______________

29. AWARD OF CONTRACT: REF. ___________________________________ OFFER

COPIES TO ISSUING OFFICE. CONTRACTOR AGREES TO FURNISH AND

DATED ________________________________. YOUR OFFER ON SOLICITATION

DELIVER ALL ITEMS SET FORTH OR OTHERWISE IDENTIFIED ABOVE AND ON ANY

(BLOCK 5), INCLUDING ANY ADDITIONS OR CHANGES WHICH ARE

ADDITIONAL SHEETS SUBJECT TO THE TERMS AND CONDITIONS SPECIFIED

SET FORTH HEREIN IS ACCEPTED AS TO ITEMS:

30a. SIGNATURE OF OFFEROR/CONTRACTOR 31a. UNITED STATES OF AMERICA (SIGNATURE OF CONTRACTING OFFICER) 30b. NAME AND TITLE OF SIGNER (TYPE OR PRINT) 30c. DATE SIGNED 31b. NAME OF CONTRACTING OFFICER (TYPE OR PRINT) 31c. DATE SIGNED

AUTHORIZED FOR LOCAL REPRODUCTION

(REV. 2/2012)

PREVIOUS EDITION IS NOT USABLE

Prescribed by GSA - FAR (48 CFR) 53.212

7. FOR SOLICITATION

INFORMATION CALL:

STANDARD FORM 1449

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

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS

757-19-1-625-0006 36C25018Q9647 09-08-2018 Michael Groneman 513-559-3720 09-24-2018

4PM EST

36C250 Department of Veterans Affairs Network Contracting Office (NCO) 10 260 E. University Avenue Cincinnati

OH

45219 X 562111 $38.5 Million Net 30 X N/A X 36C757 See Delivery Schedule

36C250 Department of Veterans Affairs Network Contracting Office (NCO) 10 260 E. University Avenue Cincinnati

OH

45219

FMS-VA-2(101)

Financial Services Center PO Box 149971 Austin

TX

78714-9971 Refer to Performance Work Statement. Annual Solid waste and recycling contract for Columbus OH, Chillicothe, Cincinnati and Ft. Thomas VAMCs Please send any questions to Michael.Groneman@VA.gov by 9/14/2018.

Base and four option contract.

Submit completed pricing sheets and company information cover sheet as your offer.

$0.00 X Table of Contents

SECTION B - CONTINUATION OF SF 1449 BLOCKS

No Text

B.1 CONTRACT ADMINISTRATION DATA

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

a. CONTRACTOR:

b. GOVERNMENT: Contracting Officer 36C250 John M. Ryan

Network Contracting Office (NCO) 10 260 E. University Avenue Cincinnati OH 45219

2. CONTRACTOR REMITTANCE ADDRESS: All payments by the Government to the contractor will be made in accordance with:

3. INVOICES: Invoices shall be submitted in arrears:

4. GOVERNMENT INVOICE ADDRESS: All Invoices from the contractor shall be submitted electronically in accordance with VAAR Clause 852.232-72 Electronic Submission of Payment Requests.

Department of Veterans Affairs

FMS-VA-2(101)

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

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

This solicitation includes FAR 52.219-4 Notice of Price Evaluation Preference for HubZone Small Business Concerns. Accordingly, any contract resulting from this solicitation will include this clause. The contractor is advised in performing contract administration functions, the CO may use the services of a support contractor(s) retained by VA to assist in assessing the contractor's compliance with the limitations on subcontracting or percentage of work performance requirements specified in the clause. To that end, the support contractor(s) may require access to contractor's offices where the contractor's business records or other proprietary data are retained and to review such business records regarding the contractor's compliance with this requirement. All support contractors conducting this review on behalf of VA will be required to sign an “Information Protection and Non-Disclosure and Disclosure of Conflicts of Interest Agreement” to ensure the contractor's business records or other proprietary data reviewed or obtained in the course of assisting the CO in assessing the contractor for compliance are protected to ensure information or data is not improperly disclosed or other impropriety occurs. Furthermore, if VA determines any services the support contractor(s) will perform in assessing compliance are advisory and assistance services as defined in FAR 2.101, Definitions, the support contractor(s) must also enter into an agreement with the contractor to protect proprietary information as required by FAR 9.505-4, obtaining access to proprietary information, paragraph (b). The contractor is required to cooperate fully and make available any records as may be required to enable the CO to assess the contractor's compliance with the limitations on subcontracting or percentage of work performance requirement.

B.3 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.

PERFORMANCE WORK STATEMENT

DESCRIPTION OF SERVICES: The contractor shall provide all personnel, equipment, tools, materials, vehicles, supervision, applicable licenses and permits, and other items and services necessary to perform refuse removal from the VA Medical Centers: 3200 Vine Street, Cincinnati, Ohio 45220; the VA Domiciliary, 1000 South Fort Thomas Avenue, Ft. Thomas, Kentucky 41075; Columbus Veterans Affairs Ambulatory Care Center (VAACC) 420 N. James Rd. Columbus OH 43219 and Chillicothe VA Medical Center (VAMC) 17273 State Route 104 Chillicothe, Ohio 45601. The contractor shall perform to the standards in the contract as well as all local, state, and federal regulations. All landfill fees shall be paid by the contractor.

Acronyms:

Definitions:

Waste Material. Waste Material is all nonhazardous Solid Waste and Recyclables that are not excluded by this Agreement. Waste Material does not include any Unacceptable Waste.

Solid Waste. Solid Waste is any nonhazardous solid waste generated at VAMC’s locations that is not excluded by the provisions of this Agreement. Solid Waste shall not include any Unacceptable Waste.

Recyclable Material. Recyclable Material consists of any material or substance at VAMC’s locations that can be put to beneficial re-use or sold in recognized markets for purposes other than disposal, including, without limitation, uncontaminated non-hazardous corrugated cardboard, white paper, newsprint and other paper; plastics and plastic film; ferrous and non-ferrous metals; and glass.

Unacceptable Waste. Waste Material specifically excludes hazardous, radioactive, volatile, corrosive, highly flammable, explosive, biomedical, infectious, biohazardous, toxic or listed or characteristic hazardous waste as defined by applicable federal, state or local laws, regulations or permits (collectively, “Applicable Laws”) or any otherwise regulated waste.

Hazardous Waste. Hazardous waste includes, but is not limited to, any amount of waste listed or characterized as hazardous by the United States Environmental Protection Agency or any state agency pursuant to RCRA, and including future amendments thereto, and any other Applicable Law.

Listed below are the collection schedules, packing units, and containers for the VA Medical Centers: Columbus, Cincinnati, Chillicothe Ohio and Ft Thomas Kentucky.

1. COLLECTIONS Schedule: The Contractor shall remove all miscellaneous nonedible garbage, solid waste, and any other unregulated waste material in accordance with the following schedule:

-cardboard -co-mingled recycling Weekly, 2 times per week: Tue/Thurs

-cardboard -co-mingled recycling Weekly: 5 times per week: cardboard;

recycling Mon-Fri

-co-mingled recycling; cardboard will be brought out on VA cart Weekly: 1 time per week: curbside pick-up

Fenced in compound

-co-mingled recycling -cardboard Weekly: (2) times per week: Tue/Thurs;

Warehouse (1) per week

1. PACKING UNITS AND CONTAINERS:

Cincinnati

1. Building No 1:

0. Provide a sanitary, self-contained compactor with a minimum capacity of 30 cubic yards.

0. The 30-cubic yard compactor shall be picked up and emptied per scheduled basis.

0. Provide a 40-cubic yard open top container at the back fence in the shipping dock area.

0. The 40-cubic yard open top container shall be emptied within 24 hours of call and replaced with a new container.

0. Provide two (2) front load type dumpsters with counter-weight balanced lids, 8-yard capacity. One will be labeled recycling, and one will be labeled cardboard.

1. Building No. 3: Provide one (1) front load type dumpster with counter-weight balanced lids, 8 cubic yard capacity.

1. Building No. 8: Provide two (2) front load type dumpsters with counter-balanced lid, 8 cubic yard capacity.

1. Building No. 64: Provide a sanitary, self-contained compactor with a minimum capacity of 30 cubic yards.

3. Provide six (6) portable type dumpsters with two wheels for recycling. These will be 96-gallon capacity for curbside pickup.

Point of Contact: Dustin Lindsey 513-861-3100 x 5252; Dustin.Lindsey@va.gov Columbus

a. The one fifteen (15) CYD open top general waste is serviced per schedule.

b. The two (2) 8 CYD Front Load single stream recycling containers are serviced twice a week, Tuesday & Thursday.

c. Unscheduled Collections – Emergencies or Special Event Services. Upon notification of an emergency or unscheduled special event services, the Contractor shall respond within one (1) hour to meet with the Contracting Officer or COTR and Government evaluator and initiate emergency services or unscheduled special event services. Upon receiving direction by the contracting officer or COTR, Contractor personnel shall begin work within two hours or unless otherwise mutually agreed upon and approved by the contracting officer or COTR/COTR designee. Work performed outside the normal hours of coverage at the request of the COTR will be acquired under a separate procurement. The Contracting Officer or COTR will notify the Contractor as soon as an unscheduled event requirement is known, but not less than 24 hours prior to the event. Total emergency or special event services shall not exceed 3 calls per year.

Point of Contact: Novella Fulmore 614-257-5734; Novella.Fulmore@va.gov Chillicothe

a. TRASH COMPACTOR AND SOLID WASTE DISPOSAL SERVICES: Furnish all labor, material and equipment necessary to provide solid waste disposal services.

i. Contractor shall supply one closed/self-contained 40 cubic yard compactor and two open top 40 cubic yard containers.

ii. The compactor shall be emptied every third (3rd) day, no weekends and holidays, prior to 9:00 a.m.

iii. VAMC will call when additional 40 yd. container(s) are full and ready for removal.

iv. Contractor shall service 40-yard containers on call from the VAMC, within four (4) hours of the call.

v. Contractor shall provide up to 20 additional 40 yd. container(s) as needed on an on-call basis throughout the contract year.

vi. The word "EMPTIED" as applied herein means that containers will be picked up, removed, dumped and replaced. An empty 40 cubic yard container will be put in place when full container is removed.

vii. No pick-up service will be made between 4:00 p.m. and 7:30 a.m. No pick-up service is to be performed on weekends or holidays, except with prior arrangement.

viii. Disposal shall be at a state approved, licensed, sanitary landfill.

ix. During VA's normal working hours 7:30 a.m. – 4:00 p.m. pick-up ticket shall be dropped off at Bldg. 20. During non-working hours pick-up ticket shall be dropped off at the Boiler Plant, Bldg. 261. If ticket is not dropped off during the same week of the pick-up, contractor must notify the VA that there will be a delay in getting the ticket dropped off, or nonpayment for that pick-up will result.

b. SINGLE STREAM RECYCLING SERVICES: Furnish all labor, material and equipment necessary to provide Commingled/Single Stream Recycling Services.

i. Contractor shall supply recycling containers as necessary to contain VAMC’s recyclable materials.

ii. Contractor shall place the containers as directed by VAMC.

iii. Contractor shall service each container twice weekly.

iv. Contractor shall recycle all recyclable materials placed in the recycling containers.

v. Contractor shall only invoice VAMC for the actual number of containers serviced during each billing period.

Point of Contact: Roger Jones (740) 773-1141 x6174; Roger.Jones2@va.gov

3. TREATMENT OF CONTAINERS: All containers shall be chemically treated for odor and pest control. This treatment shall be performed monthly during the months of May through November. Treatments shall be performed weekly for the months of July, August and September. Treatments shall also be performed on an as-needed basis, dependent of the increase in population of houseflies, fruits flies, roaches, etc.

4. Remove Refuse and Trash: The Contractor shall perform general removal of refuse and trash as identified by the Government in areas identified in the “Description of Services” section. Contractor’s responsibilities shall include, but not be limited to, the removal and disposal of all natural refuse and trash and to clean up and remove any debris that has fallen from any containers while the exchange is being made. The pickup area must be left in a clean and sanitary condition. All refuse and trash hauled by the Contractor shall be contained, tied, or enclosed to prevent leaking, spilling, or blowing. Dispose of all refuse and trash at an off-site location or landfill in accordance with local, state, and federal regulations and procedures. Collections must be made in Contractor’s containers, which must be fully enclosed, leak-proof, and fire-retarding, and kept clean. The contractor shall have sufficient personnel, licensed vehicles with appropriate permits, expendable and durable goods to perform the duties required without additional support from the VA.

5. TITLE; INDEMNITY:

Contractor shall acquire title to Waste Material when they are loaded into Contractor’s truck or, if Contractor is providing disposal services only and not collection services, when they are delivered to Contractor’s premises. Title to and liability for any Unacceptable Waste shall remain with VAMC and shall at no time pass to Contractor.

Deposit of any Unacceptable Waste at any Contractor facility shall not be deemed to vest title to any Unacceptable Waste in Contractor. If title is deemed vested in Contractor, Contractor shall have the right to revoke acceptance of any waste at any time such waste is discovered to be or contains Unacceptable Waste. VAMC shall indemnify and hold harmless Contractor from and against any and all claims, damages, suits, penalties, fines, remediation costs, and liabilities (including court costs and reasonable attorneys’ fees) (collectively, “Losses”) resulting from the inclusion of Unacceptable Waste in the Waste Material.

6. REPRESENTATION AND WARRANTIES

VAMC warrants that Waste Material that VAMC disposes will not contain any Unacceptable Waste.

7. RIGHT TO REJECT/REFUSE UNACCEPTABLE WASTE

Contractor and its subcontractors have the right to refuse any load containing any Unacceptable Waste. If VAMC’s Unacceptable Waste is collected into equipment utilized in connection with the Services or deposited at a disposal or recycling facility, Contractor will give VAMC telephonic notice thereof and a reasonable opportunity to remove and dispose of such Unacceptable Waste. If VAMC elects to remove and dispose of such Unacceptable Waste, it shall do so within such time period and under the conditions as Contractor reasonably deems necessary or appropriate in connection with the operation of such equipment or facility, including the preservation of the health and safety of employees. If, after electing to do so, VAMC does not remove the Unacceptable Waste within such time period, or if VAMC fails to so elect, Contractor may remove and dispose of such Unacceptable Waste as VAMC’s agent, without further notice to VAMC, and VAMC shall pay the direct and indirect costs incurred by Contractor and its subcontractors due to removal, remediation, handling, transportation, delivery and disposal of such Unacceptable Waste. Notwithstanding the foregoing, no notice shall be required by Contractor to VAMC for Contractor and its subcontractors to dispose of Unacceptable Waste as VAMC’s agent in emergency situations where in Contractor reasonable judgment a delay in such disposal could constitute a hazard to such equipment or facility, or any person on, about or near such equipment or facility. In addition to the foregoing, VAMC agrees to promptly pay (within 15 days after date of Contractor’s invoice) for all fines, penalties and similar assessments made against Contractor and its subcontractors as a result of such Unacceptable Waste.

8. Classification of Refuse and Trash. Examples of refuse and trash to be disposed include the following:

0. Combustible and non-combustible materials.

0. Vegetation such as leaves, branches, uprooted shrubs, and trees.

0. Inert environmental refuse and trash such as dirt, mud, rocks, and sand.

0. Construction refuse and trash such as asphalt, blinds, brick, carpet, concrete, drywall, electrical wires, lamps, glass, insulation materials, copper, steel, aluminum, tile, pipe, plastic, vinyl, and wood. – Construction debris is disposed in open-top containers only

0. Personal items such as books, papers, clothing, and cooking utensils.

0. Household or office items such as appliances, furniture, computer equipment, and telephones.

0. Food remnants and edible or non-edible garbage but not limited to coffee grounds, tea leaves, egg shells, banana peels, citrus fruit rinds, onion hulls, table scraps, and similar materials.

0. Miscellaneous Trash such as paper, wrappings, cartons, metal, glass, floor sweepings, waste products of coal and other fuels, wastepaper, lumber, non-repairable wooden items and construction debris.

0. Patient Care Waste including but not limited to miscellaneous trash in the patient areas, such as tissues, papers, and similar materials used by the patients and for the patients.

0. Carcasses of dead animals.

0. Ashes burned refuse from incinerated combustible materials.

0. Other incinerated refuse such as partially charred or burnt materials such as tin cans, glass containers, other metal or glass items, refuse and trash.

9. Inclement Weather Schedule. The Contractor shall collect refuse material during periods of inclement weather. In cases of severe weather, the CO may authorize exceptions. When exceptions are granted, the Contractor shall make up all missed collections within 24 hours after the severe weather has terminated, unless the CO or COR authorizes additional time.

10. Containers. Collection of trash and garbage in all areas shall be from Contractor-provided containers. Containers shall be rat-proof, fire retarding, and leak proof. Containers shall have easily closeable lids.

11. Maintaining Containers and Collection Area. The Contractor shall return the containers to their original location after servicing, in an upright position with the lids securely in place (closed). The Contractor shall also be responsible for immediately cleaning up any spills, debris, etc., which may occur during servicing of containers. All refuse on the ground within ten feet of the container, whether spilled by the Contractor or placed there by VAMC personnel, shall be picked up by the Contractor during collection. The Contractor shall notify the COR when debris has been placed outside the immediate proximity of collection stations; for example, tree branches, sacks, cartons, boxes, cans, tied bundles, or other containers.

12. Disposal. The Contractor shall transport and dispose of all solid waste at a licensed off-site disposal facility selected by the Contractor. Disposal shall be in accordance with existing local, state, and federal regulations. The Contractor shall be responsible for any permit or fees associated with the use of off-site disposal locations.

13. Quality Control. The successful Contractor shall develop and maintain a quality program to ensure refuse services are performed in accordance with commonly accepted commercial practices. The successful Contractor shall develop and implement procedures to identify, prevent, and ensure non-recurrence of defective services.

14. Government Remedies. The CO shall follow FAR 52.212.4, Contract Terms and Conditions-Commercial Items (Sept 2005), for Contractor’s failure to perform satisfactory services or failure to correct non-conforming services.

15. Hours of Operation. Collection shall be made between the hours of 7:00 a.m. through 4:00 p.m. Collection outside these hours shall require prior approval of the CO or the CO’s Representative (COR).

16. Identification, Parking, Smoking, and VA Regulations. The Contractor's employees shall wear visible identification at all times while on the premises of the VA Medical Center. It is the responsibility of the Contractor to park in the appropriate designated parking areas. Information on parking is available from the COR. The VA shall not invalidate or make reimbursement for parking violations of the Contractor under any conditions. Smoking is prohibited inside any buildings at the VA. Possession of weapons is prohibited. Enclosed containers, including tool kits, shall be subject to search. Violations of VA regulations may result in citation answerable in the United States (Federal) District Court, not a local district, state, or municipal court.

17. Conformance Standards. Contract service shall ensure that all work is performed in accordance with Joint Commission, DNR, EPA, DOT, OSHA and governing federal, local and state regulations and guidelines.

0. Environmental Protection Agency (EPA) 40 CFR

0. Food and Drug Administration (FDA) Quality System Regulation as stated in 21 CFR Part 820

0. Department of Transportation (DOT) 49 CFR

18. Payment. Invoices shall be paid in arrears on a monthly basis through electronic Tungsten submission. Invoices must include the Contract Number, Purchase Order Number and covered period of service. In addition, all invoices shall include total number of pounds (estimated if actuals are not available), rate per pickup or designated monthly unit as agreed upon in the contract. Invoices shall be itemized per each delivery and pickup. Contractor shall have the ability to charge interest on late payment in the event VAMC does not pay Contractor on time.

19. Force Majeure (also defined under 52.212-4 (F) Excusable Delays) Except for VAMC’s obligation to pay amounts due to Contractor, any failure or delay in performance due to contingencies beyond a party’s reasonable control, including strikes, riots, terrorist acts, compliance with Applicable Laws or governmental orders, fires, inclement weather and acts of God (collectively “Force Majeure Event”), shall not constitute a breach of this Agreement.

During any period when performance of a party’s obligation is prevented by a Force Majeure Event, that obligation shall be suspended provided that the party whose performance is suspended shall resume performance as soon as reasonably possible upon cessation of the Force Majeure Event. The party claiming inability to perform shall notify the other party as soon as practical upon the beginning and ending of the Force Majeure Event.

The parties may make reasonable efforts to perform the obligations of this Agreement during the Force Majeure Event. If Contractor is reasonably willing or able to provide some level of the Services during a period of a Force Majeure Event, Contractor’s reasonable performance under the circumstances shall be sufficient, and partial performance shall not be considered a breach of performance. If Contractor is required to incur additional expenses in performing its obligations during a Force Majeure Event or thereafter as a result of damages caused by the Force Majeure Event, then Contractor may pass through those expenses to VAMC, and VAMC shall reimburse Contractor in accordance with the terms of this Agreement.

20. SPECIAL CONTRACT REQUIREMENTS:

0. SANITARY CONDITIONS: The contractor shall dispose of the miscellaneous trash and nonedible garbage so as not to cause conditions detrimental to public health or to constitute a public health or to constitute a public nuisance. The contractor shall assume full responsibility for compliance with all Federal, City, and County laws, rules and regulations governing the removal of waste materials. Any trash or garbage scattered by the contractor on the Medical Center in Cincinnati or Fort Thomas grounds shall be recovered and removed by the contractor. The pickup area shall be left in a clean and sanitary condition.

0. POINTS OF COLLECTION: Collection stations for refuse materials are listed. The contractor shall position bulk containers for customer ease in depositing refuse. This may require repositioning of containers from time to time. The contractor shall also position containers to minimize interference with adjacent parking areas, sidewalks, roadways, overhead utilities, trees, and other potential obstructions.

0. CUBIC YARD CAPACITY: Proposed capacity of containers is indicated above. The government reserves the right to change the cubic yard capacity at any collection station or change the number of collection stations as long as it does not increase the overall total cubic yard capacity requirement of this PWS. The government may also reduce the frequency of collections.

0. OFF-SITE DISPOSAL: The contractor shall transport and dispose of all solid waste at a licensed off-site disposal area selected by the contractor. Disposal shall be in accordance with existing local, state, and federal regulations. The contractor shall be responsible for any permit or fees associated with the use of off-base disposal locations.

21. QUALITY ASSURANCE SURVEILLANCE PLAN (QASP)

SOLID WASTE REMOVAL AND CO-MINGLED RECYCLING SERVICES

1. PURPOSE

This Quality Assurance Surveillance Plan (QASP) provides a systematic method to evaluate performance for the stated contract. This QASP explains the following:

· What will be monitored?

· How monitoring will take place.

· Who will conduct the monitoring?

· How monitoring efforts and results will be documented.

This QASP does not detail how the contractor accomplishes the work. Rather, the QASP is created with the premise that the contractor is responsible for management and quality control actions to meet the terms of the contract. It is the Government’s responsibility to be objective, fair, and consistent in evaluating performance.

This QASP is a “living document” and the Government may review and revise it on a regular basis. However, the Government shall coordinate changes with the contractor. Copies of the original QASP and revisions shall be provided to the contractor and Government officials implementing surveillance activities.

1.1. GOVERNMENT ROLES AND RESPONSIBILITIES

The following personnel shall oversee and coordinate surveillance activities.

a. Contracting Officer (CO) - The CO shall ensure performance of all necessary actions for effective contracting, ensure compliance with the contract terms, and shall safeguard the interests of the United States in the contractual relationship. The CO shall also assure that the contractor receives impartial, fair, and equitable treatment under this contract. The CO is ultimately responsible for the final determination of the adequacy of the contractor’s performance.

b. Contracting Officer’s Technical Representative (COTR) –The COTR is responsible for technical administration of the contract and shall assure proper Government surveillance of the contractor’s performance. The COTR shall keep a quality assurance file. The COTR is not empowered to make any contractual commitments or to authorize any contractual changes on the Government’s behalf.

PERFORMANCE STANDARDS

Performance standards define desired services. The Government performs surveillance to determine if the contractor exceeds, meets or does not meet these standards.

The Performance Requirements Summary Matrix, Technical Exhibit 4 of the Contract, includes performance standards. The Government shall use these standards to determine contractor performance and shall compare contractor performance to the Acceptable Quality Level (AQL).

Requirement

Standard

Exercise of Option Period

1.2. INCENTIVES

The Government shall use Exercise of Option Period (if any) and positive Past Performance.

1.3. METHODS OF QA SURVEILLANCE

Various methods exist to monitor performance. The COTR shall use the surveillance methods listed below in the administration of this QASP.

a. DIRECT OBSERVATION. (Can be performed periodically or through 100% surveillance.)

b. PERIODIC INSPECTION. (Evaluates outcomes on a periodic basis. Inspections may be scheduled [Daily, or Weekly] or unscheduled, as required.)

c. USER SURVEY. (Combines elements of validated user complaints and random sampling. Random survey is conducted to solicit user satisfaction. May also generate inspections and sampling.)

d. VALIDATED USER/CUSTOMER COMPLAINTS. (Relies on the patient to identify deficiencies. Complaints are then investigated and validated.)

e.100% INSPECTION. (Evaluates all outcomes.)

f. PERIODIC SAMPLING. (Variation of random sampling. However, sample is only taken when a problem/deficiency is suspected. Sample results are applicable only for the specific work inspected. Since sample is not entirely random, it cannot be applied to total activity performance.)

g. RANDOM SAMPLING. (Designed to evaluate performance by randomly selecting and inspecting a sample of cases.)

h. Progress or status meetings.

i. Analysis of contractor's progress reports. (Evaluate cost, schedule, etc.)

1.4. RATINGS

Metrics and methods are designed to determine if performance exceeds, meets, or does not meet a given standard and acceptable quality level. A rating scale shall be used to determine a positive, neutral, or negative outcome. The following ratings shall be used:

Green – Acceptable Yellow – Marginally Acceptable, with Corrective Actions Required Red – Not Acceptable, no Corrective Actions Available

1.5. DOCUMENTING PERFORMANCE

a. ACCEPTABLE PERFORMANCE

The Government shall document positive performance. Any report may become a part of the supporting documentation for any contractual action.

b. UNACCEPTABLE PERFORMANCE

When unacceptable performance occurs, the COTR shall inform the contractor. This will normally be in writing unless circumstances necessitate verbal communication. In any case the COTR shall document the discussion and place it in the COTR file.

When the COTR determines formal written communication is required, the COTR shall prepare a Contract Discrepancy Report (CDR), and present it to the contractor's program manager.

The contractor shall acknowledge receipt of the CDR in writing. The CDR will specify if the contractor is required to prepare a corrective action plan to document how the contractor shall correct the unacceptable performance and avoid a recurrence. The CDR will also state how long after receipt the contractor has to present this corrective action plan to the COTR. The Government shall review the contractor's corrective action plan to determine acceptability.

Any CDRs may become a part of the supporting documentation for any contractual action deemed necessary by the CO.

1.6. FREQUENCY OF MEASUREMENT

a. Frequency of Measurement.

During contract performance, the COTR will periodically analyze whether the negotiated frequency of surveillance is appropriate for the work being performed.

b. Frequency of Performance Assessment Meetings.

The COTR shall meet with the contractor at least quarterly (either in person or by telephone unless waived by the Contracting Officer) to assess performance and shall provide a written assessment.

Pricing:

Columbus:

27 solid waste 2 recycling TN (estimated)

Total estimated base cost

Columbus Option 1

210 Solid waste 24 recycling TN (estimated)

Total option cost

Cincinnati Option 1

182 recycling

TN

Total option cost

Chillicothe Option 1

Total option cost

Option year 1, 3 site, subtotal:__________________

Columbus Option 2

210 Solid waste

TN (estimated)

Total option cost

Cincinnati Option 2:

TN

Total option cost

Chillicothe Option 2:

Total option cost

Option year 2, 3 site, subtotal:__________________

Option 3 Columbus:

210 Solid waste

TN (estimated)

Total option cost

Option 3 Cincinnati:

TN

Total option cost

Option 3 Chillicothe:

Total option cost

Option year 3, 3 site, subtotal:__________________

Option 4 Columbus:

210 Solid waste

TN (estimated)

Total option cost

Option 4 Cincinnati:

TN

Total option cost

Chillicothe Option 4: